[Federal Register Volume 78, Number 5 (Tuesday, January 8, 2013)]
[Proposed Rules]
[Pages 1598-1603]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-31499]



[[Page 1597]]

Vol. 78

Tuesday,

No. 5

January 8, 2013

Part XI





Department of Labor





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Semiannual Regulatory Agenda

  Federal Register / Vol. 78 , No. 5 / Tuesday, January 8, 2013 / 
Unified Agenda  

[[Page 1598]]


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DEPARTMENT OF LABOR

Office of the Secretary

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

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

30 CFR Ch. I

41 CFR Ch. 60

48 CFR Ch. 29


Semiannual Agenda of Regulations

AGENCY: Office of the Secretary, Labor.

ACTION: Semiannual regulatory agenda.

-----------------------------------------------------------------------

SUMMARY: The Internet has become the means for disseminating the 
entirety of the Department of Labor's semiannual regulatory agenda. 
However, the Regulatory Flexibility Act requires publication of a 
regulatory flexibility agenda in the Federal Register. This Federal 
Register Notice contains the regulatory flexibility agenda. In 
addition, the Department's Regulatory Plan, a subset of the 
Department's regulatory agenda, is being published in the Federal 
Register. The Regulatory Plan contains a statement of the Department's 
regulatory priorities and the regulatory actions the Department wants 
to highlight as its most important and significant.

FOR FURTHER INFORMATION CONTACT: Kathleen Franks, Director, Office of 
Regulatory Policy, Office of the Assistant Secretary for Policy, U.S. 
Department of Labor, 200 Constitution Avenue NW., Room S-2312, 
Washington, DC 20210; (202) 693-5959.

    Note:  Information pertaining to a specific regulation can be 
obtained from the agency contact listed for that particular 
regulation.


SUPPLEMENTARY INFORMATION: Executive Order 12866 requires the 
semiannual publication of an agenda of regulations that contains a 
listing of all the regulations the Department of Labor expects to have 
under active consideration for promulgation, proposal, or review during 
the coming one-year period. The entirety of the Department's semiannual 
agenda is available online at www.reginfo.gov.
    On January 18, 2011 the President issued Executive Order (E.O.) 
13563, titled Improving Regulation and Regulatory Review. The 
Department of Labor's fall 2011 Regulatory Agenda aims to achieve more 
efficient and less burdensome regulation through our renewed commitment 
to conduct retrospective reviews of regulations.
    The Regulatory Flexibility Act (5 U.S.C. 602) requires DOL to 
publish in the Federal Register a regulatory flexibility agenda. The 
Department's Regulatory Flexibility Agenda published with this notice 
includes only those rules on its semiannual agenda that are likely to 
have a significant economic impact on a substantial number of small 
entities; and those rules identified for periodic review in keeping 
with the requirements of section 610 of the Regulatory Flexibility Act. 
Thus, the regulatory flexibility agenda is a subset of the Department's 
semiannual regulatory agenda. At this time, there is only one item, 
listed below, on the Department's Regulatory Flexibility Agenda.

Occupational Safety and Health Administration

 Bloodborne Pathogens (RIN 1218-AC34)

    In addition, the Department's Regulatory Plan, also a subset of the 
Department's regulatory agenda, is being published in the Federal 
Register. The Regulatory Plan contains a statement of the Department's 
regulatory priorities and the regulatory actions the Department wants 
to highlight as its most important and significant.
    All interested members of the public are invited and encouraged to 
let departmental officials know how our regulatory efforts can be 
improved, and are invited to participate in and comment on the review 
or development of the regulations listed on the Department's agenda.

Hilda L. Solis,
Secretary of Labor.

      Employee Benefits Security Administration--Long-Term Actions
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
330.......................  Filings Required of                1210-AB51
                             Multiple Employer Welfare
                             Arrangements and Certain
                             Other Entities That Offer
                             or Provide Coverage for
                             Medical Care to the
                             Employees of Two or More
                             Employers.
------------------------------------------------------------------------


   Occupational Safety and Health Administration--Proposed Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
331.......................  Occupational Exposure to           1218-AB70
                             Crystalline Silica.
332.......................  Occupational Exposure to           1218-AB76
                             Beryllium.
333.......................  Bloodborne Pathogens               1218-AC34
                             (Section 610 Review).
------------------------------------------------------------------------


     Occupational Safety and Health Administration--Final Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
334.......................  Confined Spaces in                 1218-AB47
                             Construction.
335.......................  Electric Power                     1218-AB67
                             Transmission and
                             Distribution; Electrical
                             Protective Equipment.
------------------------------------------------------------------------


[[Page 1599]]


    Occupational Safety and Health Administration--Long-Term Actions
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
336.......................  Occupational Exposure to           1218-AC33
                             Food Flavorings
                             Containing Diacetyl and
                             Diacetyl Substitutes.
------------------------------------------------------------------------


DEPARTMENT OF LABOR (DOL)

Employee Benefits Security Administration (EBSA)

Long-Term Actions

330. Filings Required of Multiple Employer Welfare Arrangements and 
Certain Other Entities That Offer or Provide Coverage for Medical Care 
to the Employees of Two or More Employers

    Legal Authority: Sec 6606 of the Patient Protection and Affordable 
Care Act; Pub. L. 111-148; 124 Stat 119 (2010)
    Abstract: This is a proposed rule under title I of the Employee 
Retirement Income Security Act (ERISA) that, upon adoption, would 
implement reporting requirements for multiple employer welfare 
arrangements (MEWAs) and certain other entities that offer or provide 
health benefits for employees of two or more employers. The proposal 
amends existing reporting rules to incorporate new requirements enacted 
as part of the Patient Protection and Affordable Care Act (Affordable 
Care Act) and to more clearly address the reporting obligations of 
MEWAs that are ERISA plans.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   12/06/11  76 FR 76222
NPRM Comment Period End.............   03/05/12
Next Action Undetermined............
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    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-AB51

DEPARTMENT OF LABOR (DOL)

Occupational Safety and Health Administration (OSHA)

Proposed Rule Stage

331. Occupational Exposure to Crystalline Silica

    Legal Authority: 29 U.S.C. 655(b); 29 U.S.C. 657
    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 proposed by the American 
Conference of Governmental Industrial Hygienists (ACGIH) in 1968 (PEL = 
10 mg/cubic meter/(% silica + 2), as respirable dust). The current PEL 
for construction and shipyards (derived from ACGIH's 1970 Threshold 
Limit Value) is based on particle counting technology, which is 
considered obsolete. NIOSH and ACGIH recommend 50 [micro]g/m\3\ and 25 
[micro]g/m\3\ 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. ASTM 
International has published recommended standards for addressing the 
hazards of crystalline silica. The Building Construction Trades 
Department of the AFL-CIO has also developed a recommended 
comprehensive program standard. These standards include provisions for 
methods of compliance, exposure monitoring, training, and medical 
surveillance.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Completed SBREFA Report.............   12/19/03
Initiated Peer Review of Health        05/22/09
 Effects and Risk Assessment.
Completed Peer Review...............   01/24/10
NPRM................................   05/00/13
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Dorothy Dougherty, Director, Directorate of 
Standards and Guidance, Department of Labor, Occupational Safety and 
Health Administration, Room N-3718, FP Building, 200 Constitution 
Avenue NW., Washington, DC 20210, Phone: 202 693-1950, Fax: 202 693-
1678, Email: [email protected].
    RIN: 1218-AB70

332. Occupational Exposure to Beryllium

    Legal Authority: 29 U.S.C. 655(b); 29 U.S.C. 657
    Abstract: In 1999 and 2001, OSHA was petitioned to issue an 
emergency temporary standard by the United Steel Workers (formerly the 
Paper Allied-Industrial, Chemical, and Energy Workers Union), Public 
Citizen Health Research Group, and others. The Agency denied the 
petitions but stated its intent to begin data gathering to collect 
needed information on beryllium's toxicity, risks, and patterns of 
usage. On November 26, 2002, OSHA published a Request for Information 
(RFI) (67 FR 70707) to solicit information pertinent to occupational 
exposure to beryllium, including: current exposures to beryllium; the 
relationship between exposure to beryllium and the development of 
adverse health effects; exposure assessment and monitoring methods; 
exposure control methods; and medical surveillance. In addition, the 
Agency conducted field surveys of selected worksites to assess current 
exposures and control methods being used to reduce employee exposures 
to beryllium. OSHA convened a Small Business Advocacy Review Panel 
under the Small Business Regulatory Enforcement Fairness Act (SBREFA) 
and completed the SBREFA Report in January 2008. OSHA also completed a

[[Page 1600]]

scientific peer review of its draft risk assessment.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Request for Information.............   11/26/02  67 FR 70707
Request For Information Comment        02/24/03
 Period End.
SBREFA Report Completed.............   01/23/08
Initiated Peer Review of Health        03/22/10
 Effects and Risk Assessment.
Complete Peer Review................   11/19/10
NPRM................................   07/00/13
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Dorothy Dougherty, Director, Directorate of 
Standards and Guidance, Department of Labor, Occupational Safety and 
Health Administration, Room N-3718, FP Building, 200 Constitution 
Avenue NW., Washington, DC 20210, Phone: 202 693-1950, Fax: 202 693-
1678, Email: [email protected].
    RIN: 1218-AB76

333. Bloodborne Pathogens (Section 610 Review)

    Legal Authority: 5 U.S.C. 533; 5 U.S.C. 610; 29 U.S.C. 655(b)
    Abstract: OSHA will undertake a review of the Bloodborne Pathogen 
Standard (29 CFR 1910.1030) in accordance with the requirements of the 
Regulatory Flexibility Act and section 5 of Executive Order 12866. The 
review will consider the continued need for the rule; whether the rule 
overlaps, duplicates, or conflicts with other Federal, State or local 
regulations; and the degree to which technology, economic conditions, 
or other factors may have changed since the rule was evaluated.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Begin Review........................   10/22/09  .......................
Request for Comments Published......   05/14/10  75 FR 27237
Comment Period End..................   08/12/10  .......................
End Review and Issue Findings.......   05/00/13  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Agency Contact: Diana Cortez, Acting Director, Directorate of 
Evaluation and Analysis, Department of Labor, Occupational Safety and 
Health Administration, 200 Constitution Avenue NW., Room N-3641, FP 
Buildiing, Washington, DC 20210, Phone: 202 693-2400, Fax: 202 693-
1641.
    RIN: 1218-AC34

DEPARTMENT OF LABOR (DOL)

Occupational Safety and Health Administration (OSHA)

Final Rule Stage

334. Confined Spaces in Construction

    Legal Authority: 29 U.S.C. 655(b); 40 U.S.C. 333
    Abstract: In 1993, OSHA issued a rule to protect employees who 
enter confined spaces while engaged in general industry work (29 CFR 
1910.146). This standard has not been extended to cover employees 
entering confined spaces while engaged in construction work because of 
unique characteristics of construction worksites. Pursuant to 
discussions with the United Steel Workers of America that led to a 
settlement agreement regarding the general industry standard, OSHA 
agreed to issue a proposed rule to protect construction workers in 
confined spaces.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
SBREFA Panel Report.................   11/24/03  .......................
NPRM................................   11/28/07  72 FR 67351
NPRM Comment Period End.............   01/28/08  .......................
NPRM Comment Period Extended........   02/28/08  73 FR 3893
Public Hearing......................   07/22/08  .......................
Close Record........................   10/23/08  .......................
Final Rule..........................   07/00/13  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Jim Maddux, Director, Directorate of Construction, 
Department of Labor, Occupational Safety and Health Administration, 
Room N-3468, FP Building, 200 Constitution Avenue NW., Washington, DC 
20210, Phone: 202 693-2020, Fax: 202 693-1689, Email: 
[email protected].
    RIN: 1218-AB47

335. Electric Power Transmission and Distribution; Electrical 
Protective Equipment

    Legal Authority: 29 U.S.C. 655(b); 40 U.S.C. 333
    Abstract: Electrical hazards are a major cause of occupational 
death in the United States. The annual fatality rate for power line 
workers is about 50 deaths per 100,000 employees. The construction 
industry standard addressing the safety of these workers during the 
construction of electric power transmission and distribution lines is 
nearly 40 years old. OSHA has developed a revision of this standard 
that will prevent many of these fatalities, add flexibility to the 
standard, and update and streamline the standard. OSHA also intends to 
amend the corresponding standard for general industry so that 
requirements for work performed during the maintenance of electric 
power transmission and distribution installations are the same as those 
for similar work in construction. In addition, OSHA will be revising a 
few miscellaneous general industry requirements primarily affecting 
electric transmission and distribution work, including provisions on 
electrical protective equipment and foot protection. This rulemaking 
also addresses fall protection in aerial lifts for work on power 
generation, transmission, and distribution installations. OSHA 
published an NPRM on June 15, 2005. A public hearing was held from 
March 6 through March 14, 2006. OSHA reopened the record to gather 
additional information on minimum approach distances for specific 
ranges of voltages. The record was reopened a second time to allow more 
time for comment and to gather information on minimum approach 
distances for all voltages and on the newly revised Institute of 
Electrical and Electronics Engineers consensus standard. Additionally, 
a public hearing was held on October 28, 2009.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
SBREFA Report.......................   06/30/03  .......................
NPRM................................   06/15/05  70 FR 34821
NPRM Comment Period End.............   10/13/05  .......................
Comment Period Extended to 01/11/      10/12/05  70 FR 59290
 2006.
Public Hearing To Be Held 03/06/2006   10/12/05  70 FR 59290
Posthearing Comment Period End......   07/14/06  .......................
Reopen Record.......................   10/22/08  73 FR 62942
Comment Period End..................   11/21/08  .......................
Close Record........................   11/21/08  .......................
Second Reopening Record.............   09/14/09  74 FR 46958
Comment Period End..................   10/15/09  .......................
Public Hearings.....................   10/28/09  .......................

[[Page 1601]]

 
Posthearing Comment Period End......   02/10/10  .......................
Final Rule..........................   03/00/13  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Dorothy Dougherty, Director, Directorate of 
Standards and Guidance, Department of Labor, Occupational Safety and 
Health Administration, Room N-3718, FP Building, 200 Constitution 
Avenue NW., Washington, DC 20210, Phone: 202 693-1950, Fax: 202 693-
1678, Email: [email protected].
    RIN: 1218-AB67

DEPARTMENT OF LABOR (DOL)

Occupational Safety and Health Administration (OSHA)

Long-Term Actions

336. Occupational Exposure to Food Flavorings Containing Diacetyl and 
Diacetyl Substitutes

    Legal Authority: 29 U.S.C. 655(b); 29 U.S.C. 657
    Abstract: On July 26, 2006, the United Food and Commercial Workers 
International Union (UFCW) and the International Brotherhood of 
Teamsters (IBT) petitioned DOL for an Emergency Temporary Standard 
(ETS) for all employees exposed to diacetyl, a major component in 
artificial butter flavoring. Diacetyl and a number of other volatile 
organic compounds are used to manufacture artificial butter food 
flavorings. These food flavorings are used by various food 
manufacturers in a multitude of food products, including microwave 
popcorn, certain bakery goods, and some snack foods. Evidence indicates 
that exposure to flavorings containing diacetyl is associated with 
adverse effects on the respiratory system, including bronchiolitis 
obliterans, a debilitating and potentially fatal lung disease. OSHA 
denied the petition on September 25, 2007, but has initiated 6(b) 
rulemaking. OSHA published an Advance Notice of Proposed Rulemaking 
(ANPRM) on January 21, 2009, but withdrew the ANPRM on March 17, 2009, 
in order to facilitate timely development of a standard. The Agency 
subsequently initiated review of the draft proposed standard in 
accordance with the Small Business Regulatory Enforcement Fairness Act 
(SBREFA). The SBREFA Panel Report was completed on July 2, 2009. NIOSH 
is currently developing a criteria document on occupational exposure to 
diacetyl. The criteria document will also address exposure to 2,3-
pentanedione, a chemical that is structurally similar to diacetyl and 
has been used as a substitute for diacetyl in some applications. It 
will include an assessment of the effects of exposure as well as 
quantitative risk assessment. OSHA intends to rely on these portions of 
the criteria document for the health effects analysis and quantitative 
risk assessment for the Agency's diacetyl rulemaking.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Stakeholder Meeting.................   10/17/07  72 FR 54619
ANPRM...............................   01/21/09  74 FR 3937
ANPRM Withdrawn.....................   03/17/09  74 FR 11329
ANPRM Comment Period End............   04/21/09  .......................
Completed SBREFA Report.............   07/02/09  .......................
Next Action Undetermined............             .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Dorothy Dougherty, Director, Directorate of 
Standards and Guidance, Department of Labor, Occupational Safety and 
Health Administration, Room N-3718, FP Building, 200 Constitution 
Avenue NW., Washington, DC 20210, Phone: 202 693-1950, Fax: 202 693-
1678, Email: [email protected].
    RIN: 1218-AC33

[FR Doc. 2012-31499 Filed 1-7-13; 8:45 am]
BILLING CODE 4510-04-P