[Federal Register Volume 74, Number 233 (Monday, December 7, 2009)]
[Unknown Section]
[Pages 64264-64282]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: X09-141207]


[[Page 64264]]




DEPARTMENT OF LABOR (DOL)



Statement of Regulatory and Deregulatory Priorities
Executive Summary
The Department of Labor's (DOL) mission is to protect workers by 
improving working conditions, advancing opportunities for employment, 
protecting retirement and health care benefits, helping employers find 
workers, and strengthening collective bargaining. Secretary of Labor 
Hilda L. Solis' vision is that the work of the Labor Department will 
ensure there are good jobs for everyone.
To achieve this broad vision, the Secretary has established a series of 
12 specific strategic outcomes, which span across all of the 
Department's agencies. These outcomes are:
 Increasing workers' incomes and narrowing wage and income 
            inequality.
 Securing safe and healthy workplaces, wages and overtime, 
            particularly in high-risk industries.
 Assuring skills and knowledge that prepare workers to succeed 
            in a knowledge-based economy, including in high-growth and 
            emerging industry sectors like ``green'' jobs.
 Breaking down barriers to fair and diverse work places so that 
            every worker's contribution is respected.
 Improving health benefits and retirement security for all 
            workers.
 Providing work place flexibility for family and personal care-
            giving.
 Facilitating return to work for workers experiencing work 
            place injuries or illnesses who are able to work and 
            sufficient income and medical care for those who are unable 
            to work.
 Income support when work is impossible or unavailable.
 Helping workers who are in low-wage jobs or out of the labor 
            market find a path into middle class jobs.
 Ensuring workers have a voice in the work place.
 Assuring that global markets are governed by fair market rules 
            that protect vulnerable people, including women and 
            children, and provide workers a fair share of their 
            productivity and voice in their work lives.
 Helping middle-class families remain in the middle class.
Critical to this vision is ensuring these outcomes achieve good jobs 
for everyone. This includes vulnerable workers, workers in 
traditionally less safe industry sectors, farmworkers, health care 
workers and seniors, and those facing barriers to good employment.
The Secretary has directed each agency to ensure that all priority 
regulatory projects support achievement of one or more of the strategic 
outcomes that support the good jobs for everyone vision. The DOL Fall 
2009 Regulatory Plan reflects this direction.
Openness and Transparency
Using regulatory changes to produce greater openness and transparency 
is an integral part of a Department-wide compliance strategy. These 
efforts will not only enhance DOL agencies' enforcement tool set, but 
will encourage greater levels of compliance by the regulated community 
and enhance awareness among workers of their rights and benefits.
The Department's commitment to achieving greater openness and 
transparency is exemplified in its Regulatory Plan and Agenda. Several 
proposals from the Employee Benefits Security Administration expand 
disclosure requirements, substantially enhancing the availability of 
information to pension plan participants and beneficiaries and 
employers, and strengthening the retirement security of America's 
workers. These rulemakings are:
 Fiduciary Requirements for Disclosure in Participant-Directed 
            Individual Account Plans, which would increase transparency 
            between individual account pension plans and their 
            participants and beneficiaries by ensuring that 
            participants and beneficiaries are provided the information 
            they need, including information about fees and expenses, 
            to make informed investment decisions.
 Amendment of Standards Applicable to General Statutory 
            Exemption for Services, which would require service 
            providers to disclose to plan fiduciaries services, fees, 
            compensation and conflicts of interest information.
 Annual Funding Notice for Defined Benefit Plans, which would 
            require defined benefit plan administrators to provide all 
            participants, beneficiaries and other parties with detailed 
            information regarding their plan's funding status.
 Periodic Pension Benefits Statements, which would require 
            pension plans to provide participants and certain 
            beneficiaries with periodic benefit statements.
 Multiemployer Plan Information Made Available on Request, 
            which would require pension plan administrators to provide 
            copies of financial and actuarial reports to participants 
            and beneficiaries, unions and contributing employers on 
            request.
Several other Labor Department agencies will also be proposing 
regulatory projects that will foster greater openness and transparency. 
These include:
 The Mine Safety and Health Administration's proposed 
            regulation on Notification of Legal Identity, which aims to 
            require mine operators to provide increased identification 
            information, would allow the agency to better target the 
            most egregious and persistent violators and deter future 
            violations.
 The Office of Labor-Management Standards' proposed regulations 
            on Notification of Employee Rights Under Federal Labor 
            Laws, which would implement Executive Order 13496 and 
            require all Government contracting agencies to include a 
            contract clause requiring contractors to inform workers of 
            their rights under Federal labor laws.
 The Wage and Hour Division's rulemaking, Records to be Kept by 
            Employers Under the Fair Labor Standards Act, which would 
            update decades old recordkeeping regulations in order to 
            enhance the transparency and disclosure to workers as to 
            how their wages are computed and to allow for new workplace 
            practices such as telework and flexiplace arrangements.
 The Occupational Safety and Health Administration's 
            modification of its Hazard Communication Standard, which 
            would adopt standardized labeling requirements and order of 
            information for safety data sheets.
 The Occupational Safety and Health Administration's 
            Occupational Injury and Illness Recording and Reporting 
            Requirements rule, which would propose the collection of 
            additional data to help employers and workers track 
            injuries at individual workplaces, improve the Nation's 
            occupational injury and illness information data, and 
            assist the agency in its enforcement of the safety and 
            health workplace requirements.

[[Page 64265]]

The Department's Regulatory Priorities
The Department of Labor's (DOL) 2009 Regulatory Plan highlights the 
most noteworthy and significant regulatory projects that will be 
undertaken by its regulatory agencies: the Employment Standards 
Administration (ESA), Mine Safety and Health Administration (MSHA), 
Occupational Safety and Health Administration (OSHA), Employee Benefits 
Security Administration (EBSA), and Employment and Training 
Administration (ETA). The initiatives and priorities in the regulatory 
plan represent those that are essential to the fulfillment of the 
Secretary's vision for the Department and America's workforce.
Employment and Training Administration
ETA is charged with assuring our Nation's workers have the skills and 
knowledge that will prepare them to succeed in a knowledge-based 
economy, including high-growth and emerging industry sectors such as 
``green jobs.'' For those workers who are in low-wage jobs or out of 
the labor market, ETA programs will help them find a path to self-
sufficiency and good, middle class jobs. And for those who are unable 
to work, or for whom work is unavailable, ETA programs provide income 
support and a path to self-sufficiency. ETA is playing a pivotal role 
in the implementation of the American Recovery and Reinvestment Act of 
2009 (Recovery Act) to jumpstart our economy, create or save millions 
of jobs, and make a down payment on addressing long-neglected 
challenges so our country can thrive. Through these efforts and others, 
ETA is transforming the way it provides services to all workers.
ETA is highlighting four regulatory priorities that reflect the 
Secretary's vision to advance good jobs for everyone with measurable 
and substantial outcomes. These are:
 The Trade Adjustment Assistance (TAA) for Workers Program 
            Regulations propose to implement changes to the TAA program 
            that arose when the program was re-authorized and expanded 
            in the Recovery Act. The Recovery Act amended the 
            certification criteria, expanded the types of workers who 
            may be certified, and expanded the available program 
            benefits. The TAA regulations will help provide 
            opportunities for participants to acquire skills and 
            knowledge needed to become, or remain, employable in the 
            middle-class jobs market. The TAA regulations will also 
            help provide guidance on supplying participants with income 
            support for times when work is impossible or unavailable. 
            The overarching outcomes for the completion of the TAA 
            regulations are to help middle-class families remain middle 
            class and help workers who are out of the labor market find 
            a path into the middle class.
 The Trade Adjustment Assistance: Merit Staffing of State 
            Administration and Allocation of Training Funds to States 
            Regulation proposes that personnel carrying out the worker 
            adjustment assistance provisions of the TAA program must be 
            State employees covered by the merit system of personnel 
            administration and addresses how the Department distributes 
            TAA training funds to the States. It will be finalized 
            after the public comments on the regulation have been 
            analyzed and considered. The Allocation of Training Funds 
            portion of this regulation explains, for the first time, 
            the new formula that the Department uses to allocate 
            training funds to the States.
 The Temporary Agricultural Employment of H-2A Aliens in the 
            United States regulatory revisions set forth the 
            requirements for using temporary foreign agricultural 
            workers and establish wages and working conditions to cover 
            both U.S. and foreign agricultural workers. The H-2A 
            program assists in achieving the Secretary's goal to 
            increase workers' incomes and narrow wage and income 
            inequality by protecting the wages and working conditions 
            of both American workers and foreign nationals working in 
            the United States.
 The YouthBuild Program regulation proposes to implement the 
            YouthBuild Transfer Act of 2006, which transferred the 
            YouthBuild program from the Department of Housing and Urban 
            Development to DOL, and amended certain program features to 
            emphasize skill training and connections to the public 
            workforce system. The YouthBuild regulations will help 
            achieve the Secretary's goals by assuring participants gain 
            the skills and knowledge that will prepare them to succeed 
            in a knowledge-based economy, including in high-growth and 
            emerging industry sectors like ``green jobs.''
In addition, the proposed amendments to regulations for equal 
employment opportunity (EEO) in apprenticeship and training are a 
critical second phase of regulatory updates to modernize the National 
Apprenticeship System. The first phase was completed in October 2008 
with the publication of a final rule updating regulations for 
Apprenticeship Programs and Labor Standards for Registration. The 
existing companion EEO regulations for apprenticeship were promulgated 
over 30 years ago. Proposed amendments to these regulations will help 
achieve the Secretary's goal of a fair and diverse workplace free of 
discrimination and harassment by reflecting current EEO law.
Finally, the Department proposes amendments to the temporary non-
agricultural foreign worker (H-2B Worker) regulations. As part of its 
statutory responsibility as an advisor to the Department of Homeland 
Security, the Department certifies that there is not sufficient U.S. 
worker(s) 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. The Department currently administers such certification 
through an attestation-based program. The regulatory review of the H-2B 
program will assist in achieving the Secretary's goal to increase 
workers' incomes and narrow wage and income inequality by protecting 
the wages and working conditions of both American workers and foreign 
nationals working in the United States.
Employee Benefits Security Administration
The Employee Benefits Security Administration is responsible for 
administering and enforcing the fiduciary, reporting and disclosure, 
and health coverage provisions of Title I of the Employee Retirement 
Income Security Act of 1974 (ERISA). This includes recent amendments 
and additions to ERISA enacted in the Pension Protection Act of 2006, 
as well as new COBRA Continuation Coverage Provisions under the 
Recovery Act. EBSA's regulatory plan initiatives are intended to 
improve health benefits and retirement security for workers in every 
type of job at every income level.
Health Benefits for Workers
EBSA will issue guidance implementing the Genetic Information 
Nondiscrimination Act of 2008 (GINA)

[[Page 64266]]

amendments to ERISA. Generally, GINA prohibits group health plans from 
discriminating in health coverage based on genetic information and from 
collecting genetic information. This rulemaking helps ensure that 
workers will have access to high quality health coverage, free from 
discrimination based on a genetic predisposition towards a disease. 
This is a joint rulemaking with the Departments of Health and Human 
Services and the Treasury.
EBSA also will be providing guidance regarding the Paul Wellstone and 
Pete Domenici Mental Health Parity and Addiction Equity Act of 2008 
(MHPAEA) amendments to ERISA. MHPAEA creates parity for mental health 
and substance use disorder benefits under group health plans by 
mandating that any financial requirements and treatment limitations 
applicable to mental health and substance abuse disorder benefits to be 
no more restrictive than predominant requirements or limitations 
applied to substantially all medical and surgical benefits covered by a 
plan. EBSA's MHPAEA guidance will help ensure the desired outcome of 
affording workers access to reliable and high quality health benefits.
EBSA also will issue guidance clarifying the circumstances under which 
health care arrangements established or maintained by state or local 
governments for the benefit of non-governmental employees do not 
constitute an employee welfare benefit plan for purposes of ERISA. Such 
clarification is intended to remove perceived impediments to state and 
local government efforts to improve access to and opportunities for 
quality and affordable health care coverage for vulnerable, uninsured 
populations. The clarifications provided by this regulation also will 
reduce uncertainty and, therefore, potential regulatory and litigation 
costs for both plan sponsors and state and local governments concerning 
the scope of ERISA regulation.
Retirement Security for Workers
EBSA will propose amendments to its regulations to clarify the 
circumstances under which a person will be considered a fiduciary when 
providing investment advice to employee benefit plans and their 
participants and beneficiaries of such plans. EBSA also will explore 
steps it can take by regulation, or otherwise, to encourage the 
offering of lifetime annuities or similar lifetime benefits 
distribution options for participants and beneficiaries of defined 
contribution plans. These initiatives are intended to assure retirement 
security for workers in all jobs regardless of income level by ensuring 
that financial advisers and similar persons are required to meet 
ERISA's strict standards of fiduciary responsibility and helping to 
ensure that participants and beneficiaries have the benefit of their 
plan savings throughout retirement.
Occupational Safety and Health Administration
The Secretary's vision for workers requires securing a safe and healthy 
workplace. OSHA's regulatory program is designed to help workers and 
employers identify hazards in the workplace, prevent the occurrence of 
injuries and adverse health effects, and communicate with the regulated 
community regarding hazards and how to effectively control them. 
Longstanding health hazards such as silica and beryllium and emerging 
hazards such as food flavorings containing diacetyl and airborne 
infectious diseases place American workers at risk of serious disease 
and death and are initiatives on OSHA's regulatory agenda. OSHA's 
regulatory program demonstrates a renewed commitment to worker health 
by addressing health hazards and the prevention of construction 
injuries and fatalities.
First, OSHA is proposing to address worker exposures to crystalline 
silica through the promulgation and enforcement of a comprehensive 
health standard. Exposure to silica causes silicosis, a debilitating 
respiratory disease, and may cause cancer, other chronic respiratory 
diseases, and renal and autoimmune disease as well. Over 2 million 
workers are exposed to crystalline silica in general industry, 
construction, and maritime industries and workers are often exposed to 
levels that exceed current OSHA permissible limits, which is frequent 
in the construction industry where workers are exposed at levels that 
exceed current limits by several fold. It has been estimated that 
between 3,500 and 7,000 new cases of silicosis arise each year in the 
U.S., and that 1,746 workers died of silicosis between 1996 and 2005.
Reducing these hazardous exposures through promulgation and enforcement 
of a comprehensive health standard supports both the Secretary's vision 
and will contribute to OSHA's goal of reducing occupational fatalities 
and illnesses. As a part of the Secretary's strategy for securing safe 
and healthy workplaces, the Mine Safety and Health Administration will 
also be undertaking regulatory action related to silica utilizing 
information provided by OSHA.
OSHA's second health initiative would revise its Hazard Communication 
Standard (HCS) to make it consistent with a globally harmonized 
approach to hazard communication. The HCS covers over 945,000 hazardous 
chemical products in seven million American workplaces and gives 
workers the ``right to know'' about chemical hazards they are exposed 
to. OSHA and other Federal agencies have participated in long-term 
international negotiations to develop the Globally Harmonized System of 
Classification and Labeling of Chemicals (GHS). Revising the HCS to be 
consistent with the GHS is expected to significantly improve the 
communication of hazards to workers in American workplaces, reducing 
exposures to hazardous chemicals, and reducing occupational illnesses 
and fatalities.
Workers in construction suffer the most fatalities of any industry. In 
2008, OSHA estimated that crane-related accidents in construction cause 
over 80 fatalities a year. Therefore, OSHA's major construction 
initiative is an update of the 1971 Cranes and Derricks Standards. 
Completion of this standard will contribute to a reduction in 
occupational injuries and fatalities, which helps achieve the 
Secretary's outcome goal of securing safe and healthy workplaces in 
high-risk industries. The Agency is currently evaluating the public 
comments and planning to issue a final rule in July 2010.
Mine Safety and Health Administration
MSHA's regulatory projects support the Secretary's vision by protecting 
the health and safety of the Nation's miners. Despite the agency's past 
efforts, miners face safety and health hazards daily at levels unknown 
in most other occupations. While the Federal Mine Safety and Health Act 
of 1977 (Mine Act) places primary responsibility for preventing unsafe 
and unhealthful working conditions in mines on the operators, the 
collective commitment of miners, mine operators, and government is 
needed to ensure safe workplaces.
The agency's proposed regulatory actions exemplify a commitment to 
protecting the most vulnerable populations while assuring broad-based 
compliance. Health hazards are pervasive in both coal and metal/
nonmetal mines (including

[[Page 64267]]

surface and underground mines) and large and small mines.
Recent data from the National Institute for Occupational Safety and 
Health indicate increased prevalence of coal workers pneumoconiosis 
(CWP) ``clusters'' in several geographical areas, particularly in the 
Southern Appalachian Region. MSHA plans to publish a notice of proposed 
rulemaking to address continued risk to coal miners from exposure to 
respirable coal mine dust.
On January 16, 2009, MSHA and NIOSH published a proposed rule that 
would revise requirements for the approval of coal mine personal dust 
sampling devices. The proposed rule would also establish performance-
based and other requirements for approval of the continuous personal 
dust monitor (CPDM) and revise requirements for the existing sampler. 
As a part of the agency's efforts in this area, MSHA plans to publish a 
Request for Information on the use of the CPDM to measure a miner's 
exposure to respirable coal mine dust. The CPDM represents advanced 
technology and the RFI will solicit information from the public to help 
the Agency determine how to best use the technology to assess coal 
miners' dust exposures. MSHA is also considering a rulemaking to 
address ways in which mine operators can improve protections in their 
dust control plans, emphasizing that the burden of compliance is on the 
mine operator, rather than relying exclusively on enforcement 
interventions.
These regulatory actions are a part of MSHA's Comprehensive Black Lung 
Reduction Strategy for reducing miners' exposure to respirable dust. 
This strategy includes enhanced enforcement, education and training, 
and health outreach and collaboration.
As a part of the Secretary's strategy for securing safe and healthy 
workplaces, both MSHA and OSHA will be undertaking regulatory action 
related to silica. Overexposure to crystalline silica can result in 
some miners developing silicosis, an irreversible but preventable lung 
disease which ultimately may be fatal. Both the coal mine and metal/
nonmetal formulas are designed to limit exposures to 0.1 mg/m\3\ (100 
[micro]g) of silica. MSHA plans to follow the recommendation of the 
Secretary of Labor's Advisory Committee on the Elimination of 
Pneumoconiosis Among Coal Mine Workers, NIOSH, and other industry 
groups by publishing a proposed rule to address the exposure limit for 
respirable crystalline silica. To assure consistency within the 
Department, MSHA intends to use OSHA's work on the health effects of 
occupational exposure to silica and OSHA's risk assessment, adapting it 
as necessary for the mining industry.
MSHA is placing an emphasis on routinely evaluating the success of 
existing enforcement and regulatory strategies and plans to issue an 
Advance Notice of Proposed Rulemaking (ANPRM) on dams in metal and 
nonmetal mines. Mining operations regularly find it necessary to 
construct dams to dispose of large volumes of mine waste from 
processing operations, or to provide water supply, sediment control, or 
water treatment. The failure of these structures can have a devastating 
effect on both the mine and nearby communities. MSHA evaluated its 
existing requirements for metal and nonmetal dams and has determined 
that the current standards do not provide sufficient guidance to 
determine what is needed to effectively design and construct dams with 
high or significant hazard potential. The ANPRM will solicit 
information on proper design, construction and other safety issues for 
impoundments at metal and nonmetal mines whose failure could cause loss 
of life or significant property damage.
Employment Standards Administration
ESA's Wage and Hour Division enforces several statutes that establish 
minimum labor standards and protect the Nation's workers, including the 
Fair Labor Standards Act (FLSA), the Migrant and Seasonal Agricultural 
Worker Protection Act, the Family and Medical Leave Act (FMLA), the 
Service Contract Act, the Davis-Bacon and Related Acts, the Employee 
Polygraph Protection Act, and certain provisions of the Immigration and 
Nationality Act. The regulatory initiatives required to implement these 
statutory workplace protections represent an important aspect of the 
Division's work and affect over 130 million workers across all sectors 
of the economy.
Updating the child labor regulations issued under the FLSA will help 
meet the challenge of ensuring good jobs for the Nation's working 
youth, by balancing their educational needs with job-related 
experiences that are safe, healthy, and fair. This will enhance young 
workers' opportunities to gain the skills to find and hold good jobs 
with the potential to increase their earnings over time.
The Wage and Hour Division will review the implementation of the new 
military family leave amendments to the Family and Medical Leave Act 
that were included in the National Defense Authorization Act for FY 
2008, as well as other provisions of the FMLA regulations that were 
revised and implemented in January 2009. This regulatory initiative 
assists in achieving the Secretary's goal of workplace flexibility for 
family and personal care-giving and, particularly through the job 
protection and the maintenance of health benefits provisions, helps 
middle-class families remain in the middle class.
The Wage and Hour Division also intends to initiate rulemaking to 
update the recordkeeping regulation issued under the Fair Labor 
Standards Act. Consistent with the Secretary's strategic vision, this 
proposal will foster more openness and transparency by demonstrating 
employers' compliance with minimum wage and overtime requirements to 
workers. In turn, this will better ensure compliance by regulated 
entities and assist the Department with its enforcement efforts.
ESA's Office of Federal Contract Compliance Programs (OFCCP) is charged 
with assuring that the door to opportunity is open to every American 
regardless of race, color, religion, sex, national origin, veteran 
status, or disability. OFCCP enforces Executive Order 11246, as 
amended, and selected provisions of the Vietnam Era Veterans' 
Readjustment Assistance Act of 1974 (VEVRAA), and Section 503 of the 
Rehabilitation Act of 1973, as amended (Section 503). Regulations 
issued under the Executive Order and the two acts govern the 
nondiscrimination and affirmative action obligations for Federal 
contractors and subcontractors. OFCCP's enforcement of these statutory 
obligations contributes to achieving several of the Secretary's desired 
outcomes, including increasing workers' incomes and narrowing wage and 
income inequality, breaking down barriers to fair and diverse work 
places so that every worker's contribution is respected and helping 
workers who are in low-wage jobs or out of the labor market find a path 
into middle-class jobs.
OFCCP is highlighting three regulatory initiatives that reflect the 
Secretary's vision of good jobs for everyone. The Evaluation of 
Recruitment and Placement Results under Section 503 ANPRM will invite 
the public to provide input on how the Department can strengthen 
affirmative action requirements by requiring Federal contractors and 
subcontractors to conduct more substantive analyses and monitoring of 
their recruitment and

[[Page 64268]]

placement efforts targeted to individuals with disabilities.
The Evaluation of Recruitment and Placement Results under VEVRRA NPRM 
will propose to revise provisions in the regulations to strengthen 
compliance with affirmative action requirements, including the 
establishment of outreach, recruitment, and placement goals for the 
employment and advancement of covered veterans. This effort will help 
support the creation of good jobs for veterans, especially those 
returning from recent service in Iraq and Afghanistan. Through this 
initiative, OFCCP will help servicemen and women successfully 
transition into civilian life.
The Construction Contractor Affirmative Action Requirements proposed 
rule would revise the regulations implementing the affirmative action 
requirements of Executive Order 11246 that are applicable to federal 
and federally-assisted construction contractors. The initiative would 
update regulatory provisions that set forth the actions construction 
contractors are required to take to implement their affirmative action 
obligations.
ESA's Office of Labor-Management Standards (OLMS) administers and 
enforces most provisions of the Labor-Management Reporting and 
Disclosure Act of 1959 (LMRDA). The LMRDA requires unions, employers, 
labor-relations consultants, and others to file financial disclosure 
reports, which are publicly available. The LMRDA includes provisions 
protecting union member rights to participate in their union's 
governance, to run for office and fully exercise their union 
citizenship, as well as procedural safeguards to ensure free and fair 
union elections.
OLMS intends to publish a Request for Information regarding the use of 
Internet voting in union officer elections conducted under the LMRDA to 
better inform the agency in administering its obligation under the 
union democracy provisions of the Act to ensure that the voting right 
of each union member is protected. OLMS also will propose a regulatory 
initiative to better implement the public disclosure objectives of the 
LMRDA regarding employer-consultant agreements to persuade employees 
concerning their rights to organize and bargain collectively. Under 
LMRDA section 203 an employer must report any agreement or arrangement 
with a third party consultant to persuade employees as to their 
collective bargaining rights or to obtain certain information 
concerning the activities of employees or a labor organization in 
connection with a labor dispute involving the employer. The consultant, 
also, is required to report concerning such an agreement or arrangement 
with an employer. An exemption to these reporting requirements is set 
forth in LMRDA section 203(c), which provides, in part, that employers 
and consultants are not required to file a report by reason of the 
consultant's giving or agreeing to give ``advice'' to the employer. The 
Department believes that current policy concerning the scope of the 
``advice exemption'' is over-broad and that a narrower construction 
would better allow for the employer and consultant reporting intended 
by the LMRDA. Regulatory action is needed to provide workers with 
information critical to their effective participation in the workplace. 
When workers or union members have more information about what 
arrangements have been made by their employer to persuade them whether 
or not to join a union, this information helps them make more informed 
choices and acts to level the labor-management relations playing field. 
Both initiatives support the Secretary's vision of good jobs for 
everyone by advancing the goal to ensure that workers and union members 
have a voice in the workplace.
ESA's Office of Workers' Compensation Programs (OWCP) administers four 
major disability compensation programs that provide wage replacement 
benefits, medical treatment, vocational rehabilitation and other 
benefits (such as survivors benefits) to certain workers who experience 
work-related injury or occupational disease. The Federal Employees' 
Compensation Act (FECA) provides workers' compensation benefits to 
federal workers for employment related injuries and occupational 
diseases as well as survivor benefits for a covered employee's 
employment-related death. The Longshore and Harbor Workers' 
Compensation Act (LHWCA) provides vocational rehabilitation, medical 
benefits, and financial compensation to covered maritime workers who 
incurred occupational injuries or illnesses as a result of exposure to 
their employment. The LHWCA provides similar coverage for employees 
covered by the Defense Base Act (DBA).
These programs serve to advance the Secretary's vision of good jobs for 
everyone by securing the desired outcomes of facilitating return to 
work for workers experiencing workplace injuries or illnesses who are 
able to work and sufficient income and medical care for those who are 
unable to work; providing income support when work is impossible or 
unavailable; and providing compensation to eligible survivors after the 
death of a covered worker, thereby helping middle class families remain 
in the middle class.
OWCP plans to update its regulations governing administration of claims 
under the FECA. The regulations will be revised to reflect changes 
already in place since the regulations were comprehensively updated ten 
years ago and to incorporate new procedures that will enhance OWCP's 
ability to administer FECA. Among other benefits, changes to the 
regulations will facilitate the return to work of injured workers who 
are able to work, will enhance OWCP's ability to efficiently provide 
sufficient income and medical care for those who are unable to work, 
and will foster greater openness and transparency by better explaining 
the increased automation of the medical billing process.
In addition, OWCP will modernize the provision of compensation for 
employees situated overseas who are neither citizens nor residents of 
the United States to reflect current realities in regard to such 
employees. The regulations will also be revised to reflect a recent 
statutory change to the FECA moving the three-day waiting period before 
qualifying for wage-loss compensation for employees of the Postal 
Service. These revisions will increase the transparency of program 
operations and improve program implementation with efficiency providing 
better service in a more timely fashion.
OWCP plans to issue regulations under the LHWCA to clarify the 
application of the waiver provisions of the DBA, by explaining the DOL 
procedures for reviewing and granting a waiver. These rules will 
facilitate return to work for employees experiencing workplace injuries 
or illnesses who are able to work and sufficient income and medical 
care for those who are unable to work.

[[Page 64269]]

_______________________________________________________________________



DOL--Employment Standards Administration (ESA)

                              -----------

                          PROPOSED RULE STAGE

                              -----------




92.  THE FAMILY AND MEDICAL LEAVE ACT OF 1993, AS AMENDED

Priority:


Economically Significant. Major status under 5 USC 801 is undetermined.


Legal Authority:


29 USC 2654


CFR Citation:


29 CFR 825


Legal Deadline:


None


Abstract:


The Department of Labor continues to review the implementation of the 
new military family leave amendments to the Family and Medical Leave 
Act included in the National Defense Authorization Act for FY 2008, and 
other revisions of the current regulations implemented in January 2009.


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. In addition, section 585(a) 
of the National Defense Authorization Act for FY 2008 (NDAA), Public 
Law 110-181, amended the FMLA effective January 28, 2008, to permit an 
eligible employee who is the ``spouse, son, daughter, parent, or next 
of kin of a covered servicemember'' to take up to a total of 26 
workweeks of leave during a single 12-month period to care for the 
covered servicemember, defined as ``a member of the Armed Forces, 
including a member of the National Guard or Reserves, who is undergoing 
medical treatment, recuperation, or therapy, is otherwise in outpatient 
status, or is otherwise on the temporary disability retired list, for a 
serious injury or illness.'' The NDAA amendment to FMLA also permits an 
eligible employee to take up to 12 workweeks of FMLA leave for ``any 
qualifying exigency (as the Secretary [of Labor] shall, by regulation, 
determine) arising out of the fact that the spouse, or a son, daughter, 
or parent of the employee is on active duty (or has been notified of an 
impending call or order to active duty) in the Armed Forces in support 
of a contingency operation.'' Regulations implementing these amendments 
were published November 17, 2008, and took effect January 16, 2009 (73 
FR 67934). The Department is reviewing the implementation of these new 
military family leave amendments and other revisions of the current 
regulations.


Summary of Legal Basis:


These regulations are authorized by section 404 of the Family and 
Medical Leave Act, 29 U.S.C. 2654.


Alternatives:


After completing a review of the implementation of the new military 
family leave amendments and other revisions of the regulations 
implemented in January 2009, regulatory alternatives will be developed 
for notice-and-comment rulemaking.


Anticipated Cost and Benefits:


Preliminary estimates of the anticipated costs and benefits of this 
initiative will be determined once regulatory alternatives are 
developed.


Risks:


This rulemaking action does not directly affect risks to public health, 
safety, or the environment.


Timetable:
_______________________________________________________________________
Action                            Date                        FR Cite

_______________________________________________________________________
NPRM                            11/00/10

Regulatory Flexibility Analysis Required:


Undetermined


Government Levels Affected:


Local, State, Tribal


Federalism:


 Undetermined


Agency Contact:
Richard M. Brennan
Director, Division of Interpretations and Regulatory Analysis, Wage and 
Hour Division
Department of Labor
200 Constitution Avenue NW.
FP Building
Room S-3502
Washington, DC 20210
Phone: 202 693-0051
Fax: 202 693-1387
RIN: 1215-AB76
_______________________________________________________________________



DOL--ESA



93.  RECORDS TO BE KEPT BY EMPLOYERS UNDER THE FAIR LABOR 
STANDARDS ACT

Priority:


Other Significant. Major status under 5 USC 801 is undetermined.


Legal Authority:


29 USC 211(c)


CFR Citation:


29 CFR 516


Legal Deadline:


None


Abstract:


The Department of Labor proposes to update the recordkeeping 
regulations under the Fair Labor Standards Act in order to enhance the 
transparency and disclosure to workers of how their pay is computed, 
and to modernize other recordkeeping requirements for employees under 
``telework'' and ``flexiplace'' arrangements.


Statement of Need:


The recordkeeping regulation issued under the Fair Labor Standards Act 
(FLSA), 29 CFR part 516, specifies the scope and manner of records 
covered employers must keep that demonstrate compliance with minimum 
wage, overtime, and child labor requirements under the FLSA, or the 
records to be kept that confirm particular exemptions from some of the 
Act's requirements may apply. This proposal intends to update the 
recordkeeping requirements to foster more openness and transparency in 
demonstrating employers' compliance with applicable requirements to 
their workers, to better ensure compliance by regulated entities and to 
assist in enforcement. In addition, the proposal intends to modernize 
the requirements, consistent with the increasing emphasis on flexi-
place and telecommuting, to allow for

[[Page 64270]]

automated or electronic recordkeeping systems instead of the mandatory 
manual preparation of ``homeworker'' handbooks currently required for 
all work that an employee may perform in the home.


Summary of Legal Basis:


These regulations are authorized by section 11 of the Fair Labor 
Standards Act, 29 U.S.C. 211.


Alternatives:


Alternatives will be developed in considering proposed revisions to the 
current recordkeeping requirements. The public will be invited to 
provide comments on the proposed revisions and possible alternatives.


Anticipated Cost and Benefits:


Preliminary estimates of anticipated costs and benefits of this 
regulatory initiative have not been determined at this time and will be 
determined at a later date as appropriate.


Risks:


This action does not affect public health, safety, or the environment.


Timetable:
_______________________________________________________________________
Action                            Date                        FR Cite

_______________________________________________________________________
NPRM                            08/00/10

Regulatory Flexibility Analysis Required:


Undetermined


Government Levels Affected:


Local, State, Tribal


Federalism:


 Undetermined


Agency Contact:
Richard M. Brennan
Director, Division of Interpretations and Regulatory Analysis, Wage and 
Hour Division
Department of Labor
200 Constitution Avenue NW.
FP Building
Room S-3502
Washington, DC 20210
Phone: 202 693-0051
Fax: 202 693-1387
RIN: 1215-AB78
_______________________________________________________________________



DOL--ESA



94.  INTERPRETATION OF THE ``ADVICE'' EXEMPTION OF SECTION 
203(C) OF THE LABOR-MANAGEMENT REPORTING AND DISCLOSURE ACT

Priority:


Other Significant. Major status under 5 USC 801 is undetermined.


Legal Authority:


29 USC 433; 29 USC 438


CFR Citation:


29 CFR 405; 29 CFR 406


Legal Deadline:


None


Abstract:


The Department intends to publish notice and comment rulemaking seeking 
consideration of a revised interpretation of Section 203(c) of the 
Labor-Management Reporting and Disclosure Act (LMRDA). That statutory 
provision creates an ``advice'' exemption from reporting requirements 
that apply to employers and other persons in connection with persuading 
employees about the right to organize and bargain collectively. A 
proposed revised interpretation would narrow the scope of the advice 
exemption.


Statement of Need:


The Department of Labor is proposing a regulatory initiative to better 
implement the public disclosure objectives of the Labor-Management 
Reporting and Disclosure Act (LMRDA) regarding employer-consultant 
agreements to persuade employees concerning their rights to organize 
and bargain collectively. Under LMRDA section 203 an employer must 
report any agreement or arrangement with a third party consultant to 
persuade employees as to their collective bargaining rights or to 
obtain certain information concerning the activities of employees or a 
labor organization in connection with a labor dispute involving the 
employer. The consultant, also, is required to report concerning such 
an agreement or arrangement with an employer. Statutory exceptions to 
these reporting requirements are set forth in LMRDA section 203(c), 
which provides, in part, that employers and consultants are not 
required to file a report by reason of the consultant's giving or 
agreeing to give ``advice'' to the employer. The Department believes 
that its current policy concerning the scope of the ``advice 
exception'' is over-broad and that a narrower construction would better 
allow for the employer and consultant reporting intended by the LMRDA. 
Regulatory action is needed to provide workers with information 
critical to their effective participation in the workplace.


Summary of Legal Basis:


This proposed rulemaking is authorized under U.S.C. Sec. Sec.  433 and 
438 and applies to regulations at 29 CFR Part 405 and 29 CFR Part 406.


Alternatives:


Alternatives will be developed and considered in the course of notice 
and comment rulemaking.


Anticipated Cost and Benefits:


Anticipated costs and benefits of this proposed regulatory initiative 
have not been assessed and will be determined at a later date, as 
appropriate.


Risks:


This action does not affect public health, safety, or the environment.


Timetable:
_______________________________________________________________________
Action                            Date                        FR Cite

_______________________________________________________________________
NPRM                            11/00/10

Regulatory Flexibility Analysis Required:


Yes


Small Entities Affected:


Businesses


Government Levels Affected:


None


URL For More Information:
www.olms.dol.gov

URL For Public Comments:
www.regulations.gov

Agency Contact:
Andrew R. Davis
Chief, Division of Interpretations and Standards, Office of Labor-
Management Standards
Department of Labor
Employment Standards Administration
200 Constitution Avenue NW.
FP Building
Room N-5609
Washington, DC 20210
Phone: 202 693-0123
Fax: 202 693-1340
Email: [email protected]
RIN: 1215-AB79

[[Page 64271]]

_______________________________________________________________________



DOL--ESA

                              -----------

                            FINAL RULE STAGE

                              -----------




95. 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).


Statement of Need:


The Fair Labor Standards Act (FLSA) requires the Secretary of Labor to 
issue regulations on the employment of minors between 14 and 16 years 
of age, ensuring that the periods and conditions of their employment do 
not interfere with their schooling, health, or well-being, and to 
designate occupations that are particularly hazardous for minors 16 and 
17 years of age. Child Labor Regulation No. 3 sets forth the 
permissible industries and occupations in which 14- and 15-year-olds 
may be employed, specifies the number of hours in a day and in a week, 
and time periods within a day, that such minors may be employed. 
Updating the child labor regulations issued under the FLSA will help 

meet the challenge of ensuring good jobs that are safe, healthy, and 
fair for the Nation's working youth, while balancing their educational 
needs with job-related experiences that are safe. Updated child labor 
regulations that better address the safety needs of today's workplaces 
will ensure our young workers have permissible job opportunities that 
are safe, enhancing their opportunity to gain the skills to find and 
hold good jobs with the potential to increase their earnings over time. 
Ensuring safe and reasonable work hours for working youth will also 
ensure that top priority is given to their education, consistent with 
the purposes of the statute.


Summary of Legal Basis:


These regulations are issued pursuant to sections 3(1), 11, 12, and 13 
of the Fair Labor Standards Act, 29 U.S.C. 203(1), 211, 121, and 213.


Alternatives:


When developing regulatory alternatives in the analysis of 
recommendations of the National Institute for Occupational Safety and 
Health in its 2002 report to the Department on the child labor 
hazardous occupations orders and other proposals, the Department has 
focused on assuring healthy, safe, and fair workplaces for young 
workers that are not detrimental to their education, as required by the 
statute. Some of the regulatory alternatives were developed based on 
recent legislative amendments.


Anticipated Cost and Benefits:


Preliminary estimates of the anticipated costs and benefits of this 
rulemaking initiative indicated it was not economically significant. 
Benefits to the public, including employers and workers, will include 
safer working conditions and the avoidance of injuries and lost 
productivity involving young workers.


Risks:


The Department's child labor regulations, by ensuring that permissible 
job opportunities for working youth are safe and healthy and not 
detrimental to their education, produce positive benefits by reducing 
health-related and lost-productivity costs employers might otherwise 
incur from higher accident and injury rates to young and inexperienced 
workers. Because of the limited nature of the regulatory revisions 
contemplated under this initiative, a detailed assessment of the 
magnitude of risk was not prepared.


Timetable:
_______________________________________________________________________
Action                            Date                        FR Cite

_______________________________________________________________________
NPRM                            04/17/07                    72 FR 19337
NPRM Comment Period End         07/16/07
Final Action                    04/00/10

Regulatory Flexibility Analysis Required:


Undetermined


Small Entities Affected:


 Businesses, Governmental Jurisdictions


Government Levels Affected:


Local, State


Agency Contact:
Richard M. Brennan
Director, Division of Interpretations and Regulatory Analysis, Wage and 
Hour Division
Department of Labor
200 Constitution Avenue NW.
FP Building
Room S-3502
Washington, DC 20210
Phone: 202 693-0051
Fax: 202 693-1387
RIN: 1215-AB57
_______________________________________________________________________



DOL--Employment and Training Administration (ETA)

                              -----------

                          PROPOSED RULE STAGE

                              -----------




96. YOUTHBUILD PROGRAM REGULATION

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 populations. 
The program model

[[Page 64272]]


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.


Statement of Need:


The YouthBuild Transfer Act of 2006 (Transfer Act), PL 109-281, 
transfers the YouthBuild program from the HUD to the DOL. The transfer 
incorporates technical modifications and amends certain program 
features. The Employment and Training Administration is proposing new 
regulations which will govern its administration of the YouthBuild 
program.


The Transfer Act maintains all the goals of the YouthBuild program as 
originally developed under HUD, including supporting the development of 
affordable housing, but shifts the emphasis to skills training for 
youth participants. The Transfer Act makes the YouthBuild program 
consistent with the job training, education, and employment goals under 
the Workforce Investment Act, PL 105-220, as amended. This includes 
authorizing DOL to apply the common performance measures developed for 
Federal youth activities employment and training programs. The Transfer 
Act authorizes education and workforce investment, such as occupational 
skills training, internships, and job shadowing, as well as community 
service and peer-centered activities. In addition, the Transfer Act 
allows for greater coordination of the YouthBuild program with the 
workforce investment system, including local workforce investment 
boards, and One-Stop Career Centers, and their partner programs. These 
strengthened connections will enhance the job training and employment 
opportunities available to participating at-risk youth.


Summary of Legal Basis:


These regulations are authorized by Public Law 109-281, The YouthBuild 
Transfer Act of 2006, to implement changes to the amendments to 
subtitle D of Title I of the Workfoce Investment Act of 1998 as amended 
(WIA).


Alternatives:


The public will be afforded an opportunity to provide comments on the 
YouthBuild program changes when the Department publishes the NPRM in 
the Federal Register. A Final Rule will be issued after analysis and 
incorporation of public comments to the NPRM.


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                            06/00/10

Regulatory Flexibility Analysis Required:


No


Government Levels Affected:


None


Agency Contact:
Grace A. Kilbane
Administrator, Office of Workforce Investment
Department of Labor
Employment and Training Administration
200 Constitution Avenue NW.
FP Building, Room S-4231
Washington, DC 20210
Phone: 202 693-3980
Email: [email protected]
RIN: 1205-AB49
_______________________________________________________________________



DOL--ETA



97. TRADE ADJUSTMENT ASSISTANCE FOR WORKERS PROGRAM; REGULATIONS

Priority:


Other Significant


Legal Authority:


19 USC 2320; Secretary's Order 3-2007, 72 FR 15907


CFR Citation:


20 CFR 617, 618, 665, 671; 29 CFR 90


Legal Deadline:


None


Abstract:


The Trade and Globalization Assistance Act of 2009 (Act), Div. B, Title 
I, Subtitle I of the American Recovery and Reinvestment Act of 2009, 
reauthorizes the Trade Adjustment Assistance for Workers program. More 
specifically, the law amends the criteria for certification of worker 
groups as eligible to apply for benefits and services and substantially 
expands those benefits and services. It also requires reports on the 
program's effectiveness. The Act amends section 248 of the Trade Act of 
1974 (19 U.S.C. 2320) and requires that the Secretary issue regulations 
to carry out these provisions.


Statement of Need:


The Trade and Globalization Adjustment Assistance Act of 2009 (TGAAA) 
is the portion of the American Recovery and Reinvestment Act of 2009 
(Recovery Act) (Pub. L. No. 111-5, Div. B, Title I, Subtitle I) that 
reauthorized and substantially amended the Trade Adjustment Assistance 
for Workers (TAA) program. Significant program changes enacted in the 
TGAAA include amending the certification criteria to expand the types 
of workers who may be certified and expanding the available program 
benefits. This proposed rule is important because it will update the 
program's regulations to be in concert with the notable program changes 
wrought by the TGAAA.


Summary of Legal Basis:


These regulations are authorized by sections 248 of the Trade Act (19 
U.S.C. 2320), as amended by the TGAAA.


Alternatives:


The public will be afforded an opportunity to provide comments on the 
proposed regulatory changes when the Department publishes the NPRM in 
the Federal Register. A final rule will be issued after analysis of, 
and response to, public comments.


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.


Timetable:
_______________________________________________________________________
Action                            Date                        FR Cite

_______________________________________________________________________
NPRM                            12/00/10

Regulatory Flexibility Analysis Required:


No


Small Entities Affected:


No


Government Levels Affected:


Federal

[[Page 64273]]

Agency Contact:
Erin Fitzgerald
Office of Trade Adjustment Assistance
Department of Labor
Employment and Training Administration
200 Constitution Avenue NW.
Room C-5311, FP Building
Washingon, DC 20210
Phone: 202 693-3500
Fax: 202 693-3149
Email: [email protected]
RIN: 1205-AB57
_______________________________________________________________________



DOL--ETA



98.  EQUAL EMPLOYMENT OPPORTUNITY IN APPRENTICESHIP AND 
TRAINING, AMENDMENT OF REGULATIONS

Priority:


Other Significant


Legal Authority:


Sec. 1, 50 Stat. 664, as amended (29 USC 50; 40 USC 276c; 5 USC 301); 
Reorganization Plan No. 14 of 1950, 64 Stat. 1267 (5 USC App. P. 534)


CFR Citation:


29 CFR 30 (Revision)


Legal Deadline:


None


Abstract:


Revisions to the equal opportunity regulatory framework for the 
National Apprenticeship Act are a critical element in the Department's 
vision to promote and expand registered apprenticeship opportunities in 
the 21st century while continuing to safeguard the welfare and safety 
of apprentices. In October 2008, the Agency issued a Final rule 
updating regulations for Apprenticeship Programs and Labor Standards 
for Registration. These regulations, codified at Title 29 Code of 
Federal Regulations (CFR) part 29, had not been updated since first 
promulgated in 1977. The companion regulations, 29 CFR part 30, Equal 
Employment Opportunity (EEO) in Apprenticeship and Training, have not 
been amended since first promulgated in 1978.


The Agency now proposes to update 29 CFR part 30 to ensure that the 
National Registered Apprenticeship System is consistent and in 
alignment with changes in Affirmative Action regulations and EEO laws 
and court cases that have occurred over the past three decades [e.g. 
Americans with Disabilities Act (ADA) and the Age Discrimination in 
Employment Act (ADEA)], and recent revisions to Title 29 CFR part 29. 
This second phase of regulatory updates will ensure that Registered 
Apprenticeship is positioned to continue to provide economic 
opportunity for millions of Americans while keeping pace with these new 
requirements.


Statement of Need:


Federal regulations for Equal Employment Opportunity (EEO) in 
Apprenticeship and Training have not been updated since first 
promulgated in 1978. Updates to these regulations are necessary to 
ensure that DOL regulatory requirements governing the National 
Registered Apprenticeship System are consistent with the current state 
of EEO law, including affirmative action, the passage of, for example, 
the Americans with Disabilities Act (ADA) and the Age Discrimination in 
Employment Act (ADEA), and recent revisions to Title 29 CFR part 29, 
regulations for Apprenticeship Programs and Labor Standards for 
Registration.


Summary of Legal Basis:


These regulations are authorized by the National Apprenticeship Act of 
1937 (29 U.S.C. 50) and the Copeland Act (40 U.S.C. 276c). These 
regulations will set forth policies and procedures to promote equality 
of opportunity in apprenticeship programs registered with the U.S. 
Department of Labor or in State Apprenticeship Agencies recognized by 
the U.S. Department of Labor.


Alternatives:


The public will be afforded an opportunity to provide comments on the 
proposed amendment to Apprenticeship EEO regulations when the 
Department publishes a Notice of Proposed Rulemaking (NPRM) in the 
Federal Register. A Final Rule will be issued after analysis and 
incorporation of public comments to the NRPM.


Anticipated Cost and Benefits:


Preliminary estimates of anticipated costs and benefits of this 
regulatory action have not been determined at this time. The Department 
will explore options for conducting a cost-benefit analysis for this 
regulatory action, if necessary.


Timetable:
_______________________________________________________________________
Action                            Date                        FR Cite

_______________________________________________________________________
NPRM                            01/00/11

Regulatory Flexibility Analysis Required:


No


Small Entities Affected:


No


Government Levels Affected:


Federal, State, Tribal


Federalism:


 This action may have federalism implications as defined in EO 13132.


Agency Contact:
John V. Ladd
Office of Apprenticeship
Department of Labor
Employment and Training Administration
200 Constitution Avenue NW
Room N5311
FP Building
Washington, DC 20210
Phone: 202 693-2796
Fax: 202 693-3799
Email: [email protected]
RIN: 1205-AB59
_______________________________________________________________________



DOL--ETA

                              -----------

                            FINAL RULE STAGE

                              -----------




99. TEMPORARY AGRICULTURAL EMPLOYMENT OF H-2A ALIENS IN THE UNITED 
STATES

Priority:


Other Significant


Legal Authority:


8 USC 1101(a)(15)(H)(ii)(a); 8 USC 1188


CFR Citation:


20 CFR 655


Legal Deadline:


None


Abstract:


The Department of Labor (the Department of DOL) proposes to amend its 
regulations governing the certification of temporary employment of 
nonimmigrant workers in temporary or seasonal agricultural employment 
and the enforcement of the contractual obligations applicable to 
employers of such nonimmigrant workers. This Notice of Proposed 
Rulemaking would reexamine the process by which employers obtain a 
temporary labor certification from the Department for use in 
petitioning the Department of Homeland Security (DHS) to employ a 
nonimmigrant worker in H-2A status.


Statement of Need:


The Department has determined for a variety of reasons that a new

[[Page 64274]]

rulemaking effort is necessary for the H-2A program. The Department 
believes that the policy underpinnings of the 2008 Final Rule, e.g., 
streamlining the H-2A regulatory process to defer many determinations 
of program compliance until after an application has been fully 
adjudicated, do not provide an adequate level of protection for either 
U.S. or foreign workers.


In addition, the Department's experience under the program since 
January 2009 demonstrates that the policy goals of the 2008 Final Rule 
have not been met. One of the clear goals of the 2008 Final Rule was to 
increase the use of the H-2A program and to make the program easier and 
more affordable to use for the average employer. However, applications 
have actually decreased since the implementation of the new program. 
Not only has usage not increased under the program revisions, there has 
actually been a reversal of an existing multi-year trend toward 
increased program use. While factors other than the regulatory changes 
may play a role in this decrease, the Department can not justify the 
significant decrease in worker protections if the prior rules' goal of 
increasing program use is not being accomplished.


The Department believes that there are insufficient worker protections 
in the attestation-based model in which employers merely confirm, and 
do not actually demonstrate, that they have performed an adequate test 
of the U.S. labor market. Even in the first year of the attestation 
model, it has come to the Department's attention that employers, either 
from a lack of understanding or otherwise, are attesting to compliance 
with program obligations with which they have not complied. Such non-
compliance appears to be sufficiently substantial and widespread for 
the Department to revisit the use of attestations, even with the use of 
back-end integrity measures for demonstrated non-compliance.


The Department has also determined that the area in which agricultural 
workers are most vulnerable -- wages -- has been adversely impacted to 
a far more significant extent than anticipated by the 2008 Final Rule. 
The shift from the AEWR as calculated under the 1987 Rule to the AEWR 
of the 2008 Final Rule resulted in a substantial reduction of 
farmworker wages in a number of labor categories, and the obvious 
effects of that reduction on the workers' and their families' ability 
to meet necessary costs is an important concern.


Summary of Legal Basis:


These proposed regulations are authorized under Section 
101(a)(15)(H)(ii)(a) of the Immigration and Nationality Act, as 
amended. 8 U.S.C. 1101(a)(15)(H)(ii)(a); see also 8 U.S.C. 1184(c)(1) 
and 1188.


Alternatives:


The Department took into account both the regulations promulgated in 
1987, as well as the significant reworking of the regulations in the 
2008 Final Rule, in order to arrive at a balance between the worker 
protections of the 1987 Rule and the program integrity measures of the 
2008 Final Rule.


Anticipated Cost and Benefits:


Preliminary estimates of the anticipated monetized costs of this 
proposed regulatory action are $10.56 million in 2009 to $18.07 million 
in 2018. A final estimate of costs and benefits will be prepared at the 
Final Rule stage in response to public comments.


Timetable:
_______________________________________________________________________
Action                            Date                        FR Cite

_______________________________________________________________________
NPRM                            02/13/08                     73 FR 8538
NPRM Comment Period End         03/31/08
NPRM Comment Period 
    Extended                    04/14/08                    73 FR 16243
Final Rule                      12/18/08                    73 FR 77110
Final Rule Effective            01/17/09
Notice of Proposed 
    Suspension                  03/17/09                    74 FR 11408
Comment Period End              03/27/09
Notice of Final 
    Suspension                  05/29/09                    74 FR 25972
NPRM                            09/04/09                    74 FR 45905
NPRM Comment Period End         10/05/09
NPRM Comment Period 
    Extended                    10/20/09                    74 FR 50929
Final Rule                      02/00/10

Regulatory Flexibility Analysis Required:


No


Small Entities Affected:


Businesses


Government Levels Affected:


Federal, State


Agency Contact:
Dr. William L. 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: [email protected]
RIN: 1205-AB55
_______________________________________________________________________



DOL--Employee Benefits Security Administration (EBSA)

                              -----------

                             PRERULE STAGE

                              -----------




100.  LIFETIME INCOME OPTIONS FOR PARTICIPANTS AND 
BENEFICIARIES IN RETIREMENT PLANS

Priority:


Other Significant. Major status under 5 USC 801 is undetermined.


Unfunded Mandates:


Undetermined


Legal Authority:


29 USC 1135; ERISA sec 505


CFR Citation:


Not Yet Determined


Legal Deadline:


None


Abstract:


This initiative will explore what steps, if any, that the Department 
could or should take, by regulation or otherwise, to enhance the 
retirement security of American workers by facilitating access to and 
use of lifetime income or income arrangements designed to provide a 
stream of income after retirement.


Statement of Need:


With a continuing trend away from defined benefit plans to defined 
contribution plans, employees are not only increasingly responsible for 
the adequacy of their retirement savings, but also for ensuring that 
their savings last throughout their retirement. Employees may benefit 
from access to and use of lifetime income or other arrangements that 
will reduce the risk of running out of funds during the retirement 
years. However, both access to and use of such arrangements in defined 
contribution plans is limited.

[[Page 64275]]

The Department, taking into consideration recommendations of the ERISA 
Advisory Council and others, intends to explore what steps, if any, it 
could or should take, by regulation or otherwise, to enhance the 
retirement security of workers by increasing access to and use of such 
arrangements.


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.


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.


Timetable:
_______________________________________________________________________
Action                            Date                        FR Cite

_______________________________________________________________________
RFI                             01/00/10

Regulatory Flexibility Analysis Required:


Undetermined


Government Levels Affected:


Undetermined


Federalism:


 Undetermined


Agency Contact:
Jeffrey J. Turner
Chief, Division of Regulations, Office of Regulations and 
Interpretations
Department of Labor
Employee Benefits Security Administration
200 Constitution Avenue NW.
FP Building
Rm N-5655
Washington, DC 20210
Phone: 202 693-8500
RIN: 1210-AB33
_______________________________________________________________________



DOL--EBSA

                              -----------

                          PROPOSED RULE STAGE

                              -----------




101.  DEFINITION OF ``FIDUCIARY'' -- INVESTMENT ADVICE

Priority:


Economically Significant. Major under 5 USC 801.


Unfunded Mandates:


Undetermined


Legal Authority:


29 USC 1002; ERISA sec 3(21); 29 USC 1135; ERISA sec 505


CFR Citation:


29 CFR 2510.3-21(c)


Legal Deadline:


None


Abstract:


This rulemaking would amend the regulatory definition of the term 
``fiduciary'' set forth at 29 CFR 2510.3-21 (c) to more broadly define 
as employee benefit plan fiduciaries persons who render investment 
advice to plans for a fee within the meaning of section 3(21) of ERISA. 
The amendment would take into account current practices of investment 
advisers and the expectations of plan officials and participants who 
receive investment advice.


Statement of Need:


This rulemaking is needed to bring the definition of ``fiduciary'' into 
line with investment advice practices and to recast the current 
regulation to better reflect relationships between investment advisers 
and their employee benefit plan clients. The current regulation may 
inappropriately limit the types of investment advice relationships that 
should give rise to fiduciary duties on the part of the investment 
adviser.


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 2510.3-21(c) 
defines the term fiduciary for certain purposes under section 3(21) of 
ERISA.


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.


Timetable:
_______________________________________________________________________
Action                            Date                        FR Cite

_______________________________________________________________________
NPRM                            06/00/10

Regulatory Flexibility Analysis Required:


Undetermined


Government Levels Affected:


Undetermined


Federalism:


 Undetermined


Agency Contact:
Jeffrey J. Turner
Chief, Division of Regulations, Office of Regulations and 
Interpretations
Department of Labor
Employee Benefits Security Administration
200 Constitution Avenue NW.
FP Building
Rm N-5655
Washington, DC 20210
Phone: 202 693-8500
RIN: 1210-AB32
_______________________________________________________________________



DOL--EBSA



102.  HEALTH CARE ARRANGEMENTS ESTABLISHED BY STATE AND LOCAL 
GOVERNMENTS FOR NON-GOVERNMENTAL EMPLOYEES

Priority:


Other Significant. Major status under 5 USC 801 is undetermined.


Unfunded Mandates:


Undetermined


Legal Authority:


29 USC 1135; ERISA sec 505


CFR Citation:


29 CFR 2510.3-1


Legal Deadline:


None


Abstract:


Department of Labor regulation 29 C.F.R. 2510.3-1 clarifies the 
definition of the terms ``employee welfare benefit plan'' and ``welfare 
plan'' for purposes

[[Page 64276]]

of title I of the Employee Retirement Income Security Act of 1974 
(ERISA) by identifying certain practices which do not constitute 
employee welfare benefit plans. This rulemaking would amend that 
regulation to clarify the circumstances under which health care 
arrangements established or maintained by state or local governments 
for the benefit of non-governmental employees do not constitute an 
employee welfare benefit plan for purposes of section 3(1) of ERISA and 
29 CFR 2510.3-1.


Statement of Need:


Questions have been raised regarding the extent to which health care 
reform efforts on the part of state and local governments result in the 
creation of ERISA-covered employee welfare benefit plans or otherwise 
implicate ERISA. This regulation is needed to provide certainty to both 
governmental bodies and employers concerning the application of ERISA 
to such efforts.


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 2510.3-1 clarifies 
definitions of the terms ``employee welfare benefit plan'' and 
``welfare plan'' for purposes of title I of ERISA.


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.


Timetable:
_______________________________________________________________________
Action                            Date                        FR Cite

_______________________________________________________________________
NPRM                            09/00/10

Regulatory Flexibility Analysis Required:


Undetermined


Government Levels Affected:


Undetermined


Federalism:


 Undetermined


Agency Contact:
Jeffrey J. Turner
Chief, Division of Regulations, Office of Regulations and 
Interpretations
Department of Labor
Employee Benefits Security Administration
200 Constitution Avenue NW.
FP Building
Rm N-5655
Washington, DC 20210
Phone: 202 693-8500
RIN: 1210-AB34
_______________________________________________________________________



DOL--EBSA

                              -----------

                            FINAL RULE STAGE

                              -----------




103. GENETIC INFORMATION NONDISCRIMINATION

Priority:


Other Significant


Legal Authority:


29 USC 1182; 29 USC 1191b(d); 29 USC 1132


CFR Citation:


Not Yet Determined


Legal Deadline:


Final, Statutory, May 21, 2009, As per GINA section 101(f)(1).


Abstract:


Pursuant to ERISA sections 702, 733(d), and 502, as amended by the 
Genetic Information Nondiscrimination Act of 2008 (GINA) (Pub. L. 110-
233) enacted May 21, 2008, the Department is developing regulatory 
guidance. Regulatory guidance will provide clarification regarding 
GINA's prohibition against discrimination in group premiums based on 
genetic information, its limitations on genetic testing, its 
prohibition on collection of genetic information, and its new civil 
monetary penalties under ERISA.


Statement of Need:


GINA section 101(f)(1) requires the Secretary to issue regulations to 
carry out its statutory provisions no later than May 21, 2009.


Summary of Legal Basis:


Section 505 of ERISA provides that the Secretary may prescribe such 
regulations as she considers necessary and appropriate to carry out the 
provisions of title I of ERISA. 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, GINA section 101(f) requires the Secretary to issue 
regulations to carry out GINA's amendments.


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.


Timetable:
_______________________________________________________________________
Action                            Date                        FR Cite

_______________________________________________________________________
Request for Information         10/10/08                    73 FR 60208
Request for Information 
    Comment Period End          12/09/08
Interim Final Rule              10/07/09                    74 FR 51664
Interim Final Rule 
    Effective                   12/07/09
Interim Final Rule 
    Comment Period End          01/05/10

Regulatory Flexibility Analysis Required:


Undetermined


Government Levels Affected:


None


Agency Contact:
Amy J. Turner
Senior Advisor
Department of Labor
Employee Benefits Security Administration
200 Constitution Avenue NW.
FP Building
Room N-5653
Washington, DC 20210
Phone: 202 693-8335
Fax: 202 219-1942
RIN: 1210-AB27
_______________________________________________________________________



DOL--EBSA



104. MENTAL HEALTH PARITY AND ADDICTION EQUITY ACT

Priority:


Other Significant. Major status under 5 USC 801 is undetermined.


Unfunded Mandates:


Undetermined

[[Page 64277]]

Legal Authority:


29 USC 1185a


CFR Citation:


Not Yet Determined


Legal Deadline:


Final, Statutory, October 8, 2009, as per MHPAEA section 512(d).


Abstract:


Pursuant to ERISA section 712, as amended by the Paul Wellstone and 
Pete Domenici Mental Health Parity and Addiction Equity Act of 2008 
(MHPAEA) (Pub. L. 110-343) enacted on October 8, 2008, the Department 
is developing regulatory guidance.


Statement of Need:


In response to a Request for Information in April 2008, over 400 
comment letters were received raising questions regarding compliance 
with the federal parity provisions. This regulation is needed to 
provide clarifications to participants, beneficiaries, health care 
providers, employment-based health plans, health insurance issuers, 
third-party administrators, brokers, underwriters, and other plan 
service providers regarding such provisions.


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. Section 734 of ERISA provides that 
the Secretary may prescribe regulations necessary or appropriate to 
carry out the provisions of ERISA Part 7. MHPAEA created new federal 
parity provisions in ERISA section 712 and provides, in section 512(d), 
that the Secretary shall issue regulations to carry out the provisions 
of MHPAEA.


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.


Timetable:
_______________________________________________________________________
Action                            Date                        FR Cite

_______________________________________________________________________
Request for Information         04/28/09                    74 FR 19155
Request for Information 
    Comment Period End          05/28/09
Interim Final Rule              04/00/10

Regulatory Flexibility Analysis Required:


Undetermined


Government Levels Affected:


None


Federalism:


 Undetermined


Agency Contact:
Amy J. Turner
Senior Advisor
Department of Labor
Employee Benefits Security Administration
200 Constitution Avenue NW.
FP Building
Room N-5653
Washington, DC 20210
Phone: 202 693-8335
Fax: 202 219-1942
Related RIN: Related to 0938-AP65, Related to 1545-BI70
RIN: 1210-AB30
_______________________________________________________________________



DOL--Mine Safety and Health Administration (MSHA)

                              -----------

                             PRERULE STAGE

                              -----------




105.  METAL AND NONMETAL IMPOUNDMENTS

Priority:


Other Significant


Unfunded Mandates:


Undetermined


Legal Authority:


30 USC 811; 30 USC 812


CFR Citation:


30 CFR 56; 30 CFR 57


Legal Deadline:


None


Abstract:


Water, sediment, and slurry impoundments for metal and nonmetal mining 
and milling operations are located throughout the country. Some of 
these impoundments would impact homes, well-traveled roads, and other 
important infrastructure if they were to fail. Impoundment failures 
could endanger lives and cause property damage. MSHA will issue an 
advance notice of proposed rulemaking to solicit information relative 
to proper design, construction, operation, maintenance, and other 
safety issues for impoundments at metal and nonmetal mines whose 
failure could cause loss of life or significant property damage.


Statement of Need:


Mining operations regularly find it necessary to construct dams to 
dispose of large volumes of mine waste (tailings or slurry) from 
processing operations, or to provide water supply, sediment control, or 
water treatment. Impoundments are structures that are used to impound 
water, sediment, or slurry or any combination of materials. Dams that 
form impoundments must be designed to be stable under the various 
conditions they will be subjected to, including runoff from rainfall, 
seepage, and possibly earthquake shaking. The failure of these 
structures can have a devastating effect on both the mine and nearby 
communities.


Every two years since 1980, a report has been prepared by the Federal 
Emergency Management Agency (FEMA) and sent to Congress on the status 
of dam safety in the U.S. These reports are required by a 1979 
Presidential Memorandum which directed the Federal agencies responsible 
for dams to adopt and implement the Federal Guidelines for Dam Safety. 
MSHA has been criticized in these biennial reports for its lack of 
regulation of metal and nonmetal dams. MSHA's Metal and Nonmetal 
standards do not provide sufficient guidance to determine what is 
needed to effectively design and construct dams with high or 
significant hazard potential. The Metal and Nonmetal standards need to 
more effectively address requirements for dam design, construction, 
operation and maintenance.


Summary of Legal Basis:


Promulgation of this regulation is authorized by the Federal Mine 
Safety and Health Act of 1977 as amended by the Mine Improvement and 
New Emergency Response Act of 2006.


Alternatives:


MSHA is considering amendments, revisions, and additions to existing 
standards.


Anticipated Cost and Benefits:


MSHA will develop a preliminary regulatory economic analysis to

[[Page 64278]]

accompany any proposed rule that may be developed.


Risks:


The failure of impoundments can have a devastating affect on both the 
mine and nearby communities by causing loss of life and property 
damage.


Timetable:
_______________________________________________________________________
Action                            Date                        FR Cite

_______________________________________________________________________
ANPRM                           06/00/10

Regulatory Flexibility Analysis Required:


Undetermined


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: [email protected]
RIN: 1219-AB70
_______________________________________________________________________



DOL--MSHA

                              -----------

                          PROPOSED RULE STAGE

                              -----------




106. 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, an irreversible but 
preventable lung disease, which ultimately may be fatal. Both formulas 
are designed to limit exposures to 0.1 mg/m3 (100ug) 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 recommends a 50 ug/m3 
exposure limit for respirable crystalline silica, and ACGIH recommends 
a 25 ug/m3 exposure limit. MSHA will publish a proposed rule to address 
miners' exposure to respirable crystalline silica.


Statement of Need:


MSHA standards are outdated; current regulations may not protect 
workers from developing silicosis. Evidence indicates that miners 
continue to develop silicosis. MSHA's proposed regulatory action 
exemplifies the agency's commitment to protecting the most vulnerable 
populations while assuring broad-based compliance. MSHA will regulate 
to eliminate or reduce the hazards with the broadest and most serious 
consequences based on sound science. MSHA intends to use OSHA's work on 
the health effects and risk assessment, adapting it as necessary for 
the mining industry.


Summary of Legal Basis:


Promulgation of this standard is authorized by sections 101 and 103 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. MSHA will consider alternative 
methods of addressing miners' exposure based on the capabilities of the 
sampling and analytical methods.


Anticipated Cost and Benefits:


MSHA will prepare estimates of the anticipated costs and benefits 
associated with the proposed rule.


Risks:


For over 70 years, toxicology information and epidemiological studies 
have shown that exposure to respirable crystalline silica presents 
potential health risks to miners. These potential adverse health 
effects include simple silicosis, progressive massive fibrosis (lung 
scarring). Evidence indicates that exposure to silica may cause cancer. 
MSHA believes that the health evidence forms a reasonable basis for 
reducing miners' exposure to respirable crystalline silica.


Timetable:
_______________________________________________________________________
Action                            Date                        FR Cite

_______________________________________________________________________
NPRM                            04/00/11

Regulatory Flexibility Analysis Required:


Undetermined


Small Entities Affected:


 Businesses, Governmental Jurisdictions


Government Levels Affected:


Local, State


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: [email protected]
RIN: 1219-AB36
_______________________________________________________________________



DOL--MSHA



107. OCCUPATIONAL EXPOSURE TO COAL MINE DUST (LOWERING EXPOSURE)

Priority:


Other Significant


Unfunded Mandates:


Undetermined


Legal Authority:


30 USC 811; 30 USC 812


CFR Citation:


30 CFR 70; 30 CFR 71; 30 CFR 75; 30 CFR 90


Legal Deadline:


None

[[Page 64279]]

Abstract:


The Federal Coal Mine Health and Safety Act of 1969 established the 
first comprehensive respirable dust standards for coal mines. These 
standards were designed to reduce the incidence of coal workers' 
pneumoconiosis (black lung) and silicosis and eventually eliminate 
these diseases. While significant progress has been made toward 
improving the health conditions in our Nation's coal mines, miners 
continue to be at risk of developing occupational lung disease, 
according to the National Institute for Occupational Safety and Health 
(NIOSH). In September 1995, NIOSH issued a Criteria Document in which 
it recommended that the respirable coal mine dust permissible exposure 
limit (PEL) be cut in half. In February 1996, the Secretary of Labor 
convened a Federal Advisory Committee on the Elimination of 
Pneumoconiosis Among Coal Miners (Advisory Committee) to assess the 
adequacy of MSHA's current program and standards to control respirable 
dust in underground and surface coal mines, as well as other ways to 
eliminate black lung and silicosis among coal miners. The Committee 
represented the labor, industry and academic communities. The Committee 
submitted its report to the Secretary of Labor in November 1996, with 
the majority of the recommendations unanimously supported by the 
Committee members. The Committee recommended a number of actions to 
reduce miners' exposure to respirable coal mine dust. MSHA will publish 
a proposed rule to address miners' exposure to respirable coal mine 
dust.


Statement of Need:


Comprehensive respirable dust standards for coal mines were designed to 
reduce the incidence, and eventually eliminate, CWP and silicosis. 
While significant progress has been made toward improving the health 
conditions in our Nation's coal mines, miners remain at risk of 
developing occupational lung disease, according to NIOSH. Recent NIOSH 
data indicates increased prevalence of CWP ``clusters'' in several 
geographical areas, particularly in the Southern Appalachian Region.


Summary of Legal Basis:


Promulgation of this regulation is authorized by the Federal Mine 
Safety and Health Act of 1977 as amended by the Mine Improvement and 
New Emergency Response Act of 2006.


Alternatives:


MSHA is considering amendments, revisions, and additions to existing 
standards.


Anticipated Cost and Benefits:


MSHA will develop a preliminary regulatory economic analysis to 
accompany the proposed rule.


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 workers' pneumoconiosis and 
silicosis, which are potentially disabling and can cause death. MSHA is 
pursuing both regulatory and nonregulatory actions to eliminate these 
diseases through the control of coal mine respirable dust levels in 
mines and reduction of miners' exposure. MSHA will develop a risk 
assessment to accompany the proposed rule.


Timetable:
_______________________________________________________________________
Action                            Date                        FR Cite

_______________________________________________________________________
NPRM                            09/00/10

Regulatory Flexibility Analysis Required:


Undetermined


Small Entities Affected:


 Businesses


Government Levels Affected:


None


Additional Information:


1219-AB14 (Verification of Underground Coal Mine Operators' Dust 
Control Plans and Compliance Sampling for Respirable Dust) and 1219-
AB18 (Determination of Concentration of Respirable Coal Mine Dust) have 
been integrated.


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: [email protected]
Related RIN: Related to 1219-AA81, Related to 1219-AB14, Related to 
1219-AB18
RIN: 1219-AB64
_______________________________________________________________________



DOL--Occupational Safety and Health Administration (OSHA)

                              -----------

                             PRERULE STAGE

                              -----------




108. OCCUPATIONAL EXPOSURE TO CRYSTALLINE SILICA

Priority:


Economically Significant. Major under 5 USC 801.


Unfunded Mandates:


This action may affect State, local or tribal governments.


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 50[micro]g/m3 and 25[micro]g/m3 
exposure limits, respectively, 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

[[Page 64280]]

also developed a recommended comprehensive program standard. These 
standards include provisions for methods of compliance, exposure 
monitoring, training, and medical surveillance.


Statement of Need:


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
Initiate Peer Review of 
    Health Effects and 
    Risk Assessment             05/22/09
Complete Peer Review            01/00/10
NPRM                            07/00/10

Regulatory Flexibility Analysis Required:


Yes


Small Entities Affected:


Businesses


Government Levels Affected:


Federal


Federalism:


 This action may have federalism implications as defined in EO 13132.


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: [email protected]
RIN: 1218-AB70
_______________________________________________________________________



DOL--OSHA

                              -----------

                          PROPOSED RULE STAGE

                              -----------




109. HAZARD COMMUNICATION

Priority:


Economically Significant. Major under 5 USC 801.


Unfunded Mandates:


This action may affect the private sector under PL 104-4.


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 (U.S.), 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

[[Page 64281]]

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 long-standing 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 adopting the GHS into their national regulatory 
systems. 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.


Most importantly, comprehensibility of hazard information and worker 
safety 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. The increase 
in comprehensibility and consistency will reduce confusion and thus 
improve worker safety and health.


Several nations, including the European Union, have adopted the GHS 
with an implementation schedule through 2015. U.S. 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           11/19/07
NPRM                            09/30/09                    74 FR 50279
NPRM Comment Period End         12/29/09
Hearing                         02/00/10

Regulatory Flexibility Analysis Required:


No


Government Levels Affected:


Local, State


Federalism:


 This action may have federalism implications as defined in EO 13132.


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: [email protected]
RIN: 1218-AC20
_______________________________________________________________________



DOL--OSHA

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                            FINAL RULE STAGE

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110. CRANES AND DERRICKS IN CONSTRUCTION

Priority:


Economically 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

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both work processes and crane technology have occurred. There are 
estimated to be 64 to 89 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

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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 Comments 
    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                            10/09/08                    73 FR 59714
NPRM Comment Period 
    Extended                    12/02/08                    73 FR 73197
NPRM Comment Period End         01/22/09
Public Hearing                  03/20/09
Close Record                    06/18/09
Final Rule                      07/00/10

Regulatory Flexibility Analysis Required:


Yes


Small Entities Affected:


Businesses


Government Levels Affected:


Undetermined


Agency Contact:
Noah Connell
Deputy Director, Directorate of Construction
Department of Labor
Occupational Safety and Health Administration
200 Constitution Avenue NW.
FP Building
Room N-3468
Washington, DC 20210
Phone: 202 693-2020
Fax: 202 693-1689
RIN: 1218-AC01
BILLING CODE 4510-23-S