[Federal Register Volume 89, Number 159 (Friday, August 16, 2024)]
[Unknown Section]
[Pages 66838-66845]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-16455]



[[Page 66837]]

Vol. 89

Friday,

No. 159

August 16, 2024

Part XI





Department of Labor





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Semiannual Regulatory Agenda

  Federal Register / Vol. 89 , No. 159 / Friday, August 16, 2024 / UA: 
Reg Flex Agenda  

[[Page 66838]]


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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.

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

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


SUPPLEMENTARY INFORMATION: Executive Order 12866 requires the 
semiannual publication of an agenda of regulations that contains a 
listing of all the regulations the Department of Labor expects to have 
under active consideration for promulgation, proposal, or review during 
the coming one-year period. The entirety of the Department's semiannual 
agenda is available online at www.reginfo.gov.
    The Regulatory Flexibility Act (5 U.S.C. 602) requires DOL to 
publish in the Federal Register a regulatory flexibility agenda. The 
Department's Regulatory Flexibility Agenda, published with this notice, 
includes only those rules on its semiannual agenda that are likely to 
have a significant economic impact on a substantial number of small 
entities; and those rules identified for periodic review in keeping 
with the requirements of section 610 of the Regulatory Flexibility Act. 
Thus, the regulatory flexibility agenda is a subset of the Department's 
semiannual regulatory agenda. The Department's Regulatory Flexibility 
Agenda does not include section 610 items at this time.
    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.

Julie A. Su,
Acting Secretary of Labor.

                Wage and Hour Division--Final Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
142.......................  Defining and Delimiting            1235-AA39
                             the Exemptions for
                             Executive,
                             Administrative,
                             Professional, Outside
                             Sales, and Computer
                             Employees.
------------------------------------------------------------------------


                Wage and Hour Division--Completed Actions
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
143.......................  Employee or Independent            1235-AA43
                             Contractor Classification
                             Under the Fair Labor
                             Standards Act.
------------------------------------------------------------------------


       Employment and Training Administration--Proposed Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
144.......................  Temporary Employment of H-         1205-AB93
                             2B Foreign Workers in the
                             United States.
145.......................  Employer-Provided Survey           1205-AC15
                             Wage Methodology for the
                             Temporary Non-
                             Agricultural Employment H-
                             2B Program.
------------------------------------------------------------------------


        Employment and Training Administration--Final Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
146.......................  National Apprenticeship            1205-AC13
                             System Enhancements.
------------------------------------------------------------------------


        Employment and Training Administration--Completed Actions
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
147.......................  Workforce Innovation and           1205-AC01
                             Opportunity Act
                             Effectiveness in Serving
                             Employers Performance
                             Indicator Provisions.
148.......................  Workforce Innovation and           1205-AC08
                             Opportunity Act Title I
                             Non-Core Programs
                             Effectiveness in Serving
                             Employers Performance
                             Indicator.

[[Page 66839]]

 
149.......................  Improving Protections for          1205-AC12
                             Workers in Temporary
                             Agricultural Employment
                             in the United States.
------------------------------------------------------------------------


       Employee Benefits Security Administration--Final Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
150.......................  Independent Dispute                1210-AC17
                             Resolution Operations.
------------------------------------------------------------------------



      Employee Benefits Security Administration--Completed Actions
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
151.......................  Retirement Security Rule:          1210-AC02
                             Definition of an
                             Investment Advice
                             Fiduciary.
------------------------------------------------------------------------



        Mine Safety and Health Administration--Completed Actions
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
152.......................  Respirable Crystalline             1219-AB36
                             Silica.
------------------------------------------------------------------------


   Occupational Safety and Health Administration--Proposed Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
153.......................  Infectious Diseases.......         1218-AC46
154.......................  Process Safety Management          1218-AC82
                             and Prevention of Major
                             Chemical Accidents.
155.......................  Communication Tower Safety         1218-AC90
156.......................  Emergency Response........         1218-AC91
157.......................  Tree Care Standard........         1218-AD04
158.......................  Prevention of Workplace            1218-AD08
                             Violence in Health Care
                             and Social Assistance.
------------------------------------------------------------------------

DEPARTMENT OF LABOR (DOL)

Wage and Hour Division (WHD)

Final Rule Stage

142. Defining and Delimiting the Exemptions for Executive, 
Administrative, Professional, Outside Sales, and Computer Employees 
[1235-AA39]

    Legal Authority: 29 U.S.C. 201 et seq.; 29 U.S.C. 213
    Abstract: The Department of Labor (Department) proposed to update 
and revise the regulations issued under the Fair Labor Standards Act 
implementing the exemptions from minimum wage and overtime pay 
requirements for executive, administrative, professional, outside 
sales, and computer employees. As part of this rulemaking, the 
Department held a series of stakeholder listening sessions between 
March and June 2022, to gather input on its part 541 regulations. 
Stakeholders invited to participate in these listening sessions 
included representatives from labor unions; worker advocate groups; 
industry associations; small business associations; state and local 
governments; tribal governments; non-profits; and representatives from 
specific industries such as K-12 education, higher education, 
healthcare, retail, restaurant, manufacturing, and wholesale. 
Stakeholders were invited to share their input on issues including the 
appropriate EAP salary level, the costs and benefits of increasing the 
salary level to employers and employees, the methodology for updating 
the salary level and frequency of updates, and whether changes to the 
duties test are warranted. A listening session was held specifically 
for State and local governments on April 1, 2022, and a session for 
Tribal governments was held on May 12, 2022.
    The Department published a final rule on April 26, 2024, that 
updates the standard salary level and the total annual compensation 
required for the exemption of highly compensated employees. Under this 
final rule, beginning July 1, 2024, the standard salary level for bona 
fide executive, administrative, and professional employees, who are 
currently required to be paid a salary level of at least $684 per week, 
must be paid a salary level of not less than $844 per week (equivalent 
to $43,888 per year). On July 1, 2024, the highly compensated employee 
(HCE) threshold will also increase from $107,432 to $132,694 annually. 
Beginning January 1, 2025, the standard salary level will increase from 
$844 to $1,128 per week, which is based on the 35th percentile of full-
time salaried

[[Page 66840]]

worker earnings in the lowest-wage Census Region (the South), and the 
HCE threshold will increase from $132,964 to $151,164 annually, which 
is based on the annualized earnings of the 85th percentile of full-time 
salaried worker earnings nationwide. The Department also adds to the 
regulations an updating mechanism to allow for the timely and efficient 
updating of all the earnings thresholds. On July 1, 2027, and every 3 
years thereafter, the standard salary level and HCE total annual 
compensation requirement will be updated using the methodology in 
effect at the time of the update. The Department proposed in sections 
IV.B.1 and B.2 of the NPRM to apply the updated standard salary level 
to the four U.S. territories that are subject to the federal minimum 
wage (Puerto Rico, Guam, the U.S. Virgin Islands, and the Commonwealth 
of the Northern Mariana Islands) and to update the special salary 
levels for American Samoa and the motion picture industry in relation 
to the new standard salary level. The Department will address these 
aspects of its proposal in a future final rule.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   09/08/23  88 FR 62152
NPRM Comment Period End.............   11/07/23
Final Rule..........................   04/26/24  89 FR 32842
Final Rule Effective................   07/01/24
Analyze Comments....................   05/00/25
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Daniel Navarrete, Acting Director of the Division 
of Regulations, Legislation, and Interpretation, Department of Labor, 
Wage and Hour Division, 200 Constitution Avenue NW, FP Building, Room 
S-3502, Washington, DC 20210, Phone: 202 693-0406.
    RIN: 1235-AA39

DEPARTMENT OF LABOR (DOL)

Wage and Hour Division (WHD)

Completed Actions

143. Employee or Independent Contractor Classification Under the Fair 
Labor Standards Act [1235-AA43]

    Legal Authority: 52 Stat. 1060, as amended; 29 U.S.C. 201-219
    Abstract: The Department proposed to rescind the Independent 
Contractor Status under the Fair Labor Standards Act rule published on 
January 7, 2021, 86 FR 1168 (2021 IC Rule) and provide guidance for 
determining employee or independent contractor status under the FLSA 
that is more consistent with existing judicial precedent and the 
Department's longstanding guidance prior to the 2021 IC Rule. The 
Department conducted extensive stakeholder engagement prior to 
publishing the NPRM on October 13, 2022. The Department's Wage and Hour 
Division (WHD) held a number of stakeholder forums in the summer of 
2022, which solicited participation from many workers, unions, 
businesses, free-lancers, independent contractors, and affiliated 
advocacy groups. Those stakeholder forums informed the Department's 
drafting of the 2022 proposed rule. The Department subsequently 
benefited from thousands of comments submitted during the comment 
period. In the final rule, the Department returns to a totality of the 
circumstances analysis of the economic reality test in which factors do 
not have a predetermined weight and are considered in view of the 
economic reality of the whole activity. The final rule rescinds the 
2021 IC Rule. The Department published the final rule on January 10, 
2024 (89 FR 1638).
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   10/13/22  87 FR 62218
NPRM Comment Period Extended........   10/26/22  87 FR 64749
NPRM Comment Period Extended End....   12/13/22
Final Rule..........................   01/10/24  89 FR 1638
Final Rule Effective................   03/11/24
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Daniel Navarrete, Acting Director of the Division 
of Regulations, Legislation, and Interpretation, Department of Labor, 
Wage and Hour Division, 200 Constitution Avenue NW, FP Building, Room 
S-3502, Washington, DC 20210, Phone: 202 693-0406.
    RIN: 1235-AA43

DEPARTMENT OF LABOR (DOL)

Employment and Training Administration (ETA)

Proposed Rule Stage

144. Temporary Employment of H-2B Foreign Workers in the United States 
[1205-AB93]

    Legal Authority: 8 U.S.C. 1184; 8 U.S.C. 1103; sec. 655.0 issued 
under 8 U.S.C. 1101(a)(15)(E)(iii), 1101(a)(15)(H)(i) and (ii); 8 
U.S.C. 1103(a)(6), 1182(m), (n) and (t), 1184(c), (g), and (j), 1188, 
and 1288(c) and (d); sec. 3(c)(1), Pub. L. 101-238; 103 Stat. 2099, 
2102 (8 U.S.C. 1182 note); sec. 221(a), Pub. L. 101-649, 104 Stat. 
4978, 5027 (8 U.S.C. 1184 note); sec. 303(a)(8), Pub. L. 102-232, 105 
Stat. 733, 1748 (8 U.S.C. 1101 note); sec. 323(c), Pub. L. 103-206, 107 
Stat. 2428; sec. 412(e); Pub. L. 105-277, 112 Stat. 2681 (8 U.S.C. 1182 
note); sec. 2(d), Pub. L. 106-95, 113 Stat. 1312, 1316 (8 U.S.C. 1182 
note); 29 U.S.C. 49k; Pub. L. 107-296, 116 Stat. 2135, as amended; Pub. 
L. 109-423, 120 Stat. 2900; . . .
    Abstract: The United States Department of Labor's (DOL) Employment 
and Training Administration and Wage and Hour Division, and the United 
States Department of Homeland Security (DHS), U.S. Citizenship and 
Immigration Services, are jointly proposing to update the H-2B visa 
program regulations at 20 CFR part 655, subpart A, the related 
prevailing wage regulations at 20 CFR 656, and 8 CFR 214 governing the 
certification of the employment of H-2B nonimmigrant workers in 
temporary or seasonal non-agricultural employment and the enforcement 
of the obligations applicable to employers of such nonimmigrant workers 
and U.S. workers in corresponding employment. Specifically, the Notice 
of Proposed Rulemaking (NPRM) would update the process by which 
employers seeking to employ H-2B workers would obtain temporary 
certification from DOL for use in petitioning DHS to employ a 
nonimmigrant worker in H-2B status. The updates would also establish 
standards and procedures for employers seeking to hire foreign 
temporary non-agricultural workers for certain itinerant job 
opportunities, including entertainers, tree planting, and utility 
vegetation management.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   04/00/25
------------------------------------------------------------------------


[[Page 66841]]

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Brian Pasternak, Administrator, Department of 
Labor, Employment and Training Administration, 200 Constitution Avenue 
NW, Office of Foreign Labor Certification; Room N-5311, FP Building, 
Washington, DC 20210, Phone: 202 693-8200, Email: 
[email protected].
    RIN: 1205-AB93

145. Employer-Provided Survey Wage Methodology for the Temporary Non-
Agricultural Employment H-2B Program [1205-AC15]

    Legal Authority: 8 U.S.C. 1101(a)(15)(H)(ii)(b); 8 U.S.C. 
1103(a)(6); 8 U.S.C. 1184(c)(1); Pub. L. 117-328, 12/29/22, 136 Stat. 
4459, Div. H, title I, sec. 110; Pub. L. 118-15, 9/30/23, 137 Stat. 71, 
Division A, sec. 101(8)
    Abstract: The Immigration and Nationality Act, as amended, requires 
the Department of Homeland Security (DHS), prior to the approval of H-
2B visa petitions, consult with the Department of Labor (Department). 
DHS' regulation at 8 CFR 214.2(h)(6) requires that employers must first 
apply for a temporary labor certification from the Department. 
Specifically, the Department must certify that there are not sufficient 
U.S. workers able, available, willing, and qualified to perform the 
temporary services or labor, and that the employment of the H-2B 
workers will not adversely affect the wages and working conditions of 
similarly employed U.S. workers. To ensure that there is no adverse 
effect, DOL requires employers to pay the prevailing wage to H-2B 
workers and U.S. workers similarly employed. Employer-provided surveys 
are one of the prevailing wage sources under the H-2B regulations and 
has been the subject of recent litigation. On December 23, 2022, the 
U.S. District Court for the District of Columbia held the employer-
provided survey provision under the Wage Methodology for the Temporary 
Non-Agricultural Employment H-2B Program (2015 Wage Rule) in, 20 CFR 
part 655 subpart A did not satisfy the notice and comment requirements 
under the Administrative Procedure Act (APA). Mary Jane Williams, et 
al. v. Martin J. Walsh, et al. (Williams), Civil No. 1:21-cv-01150 
(RC), 2022 WL 17904227 (D.D.C. December 23, 2022). The Court remanded 
the rule without vacatur and ordered act[ion] with haste for further 
consideration consistent with the Court's opinion. The Department is 
proposing to issue a notice of proposed rulemaking on the employer-
provided survey provision of the 2015 Wage Rule to cure the procedural 
defect of the 2015 Wage Rule, pursuant to the decision in Williams.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   07/00/24
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Brian Pasternak, Administrator, Department of 
Labor, Employment and Training Administration, 200 Constitution Avenue 
NW, Office of Foreign Labor Certification; Room N-5311, FP Building, 
Washington, DC 20210, Phone: 202 693-8200, Email: 
[email protected].
    RIN: 1205-AC15

DEPARTMENT OF LABOR (DOL)

Employment and Training Administration (ETA)

Final Rule Stage

146. National Apprenticeship System Enhancements [1205-AC13]

    Legal Authority: The National Apprenticeship Act, as amended (50 
Stat. 664) 29 U.S.C. 50
    Abstract: The regulations at 29 CFR part 29 addressing labor 
standards of apprenticeship and the governance of the National 
Apprenticeship System were last updated in October 2008 to increase 
administrative flexibility, ensure program quality, and promote 
registered apprenticeship opportunities. The Department plans to revise 
these regulations to strengthen, expand, modernize, and diversify the 
National Apprenticeship System by enhancing worker protections and 
equity, improving the quality of registered apprenticeships, revising 
the state governance provisions, and more clearly establishing critical 
pipelines to registered apprenticeships such as pre-apprenticeships so 
that the National Apprenticeship System is more responsive to current 
worker and employer needs. These efforts have been informed by the 
deliberations of the Department's reconstituted Advisory Committee on 
Apprenticeship (ACA). The Department will also make technical and 
conforming adjustments to the current text of 29 CFR part 30 (governing 
equal employment opportunity in apprenticeships) as appropriate. For 
additional information, please see the Department's regulatory plan 
narrative statement. The Department conducted the following public 
outreach: In 2022 interim recommendations of the ACA and its 2023 
Biennial Report, which incorporates the ACA's 2022 Interim Report 
recommendations and includes additional guideposts for the Office of 
Apprenticeship (OA) to consider related to registered apprenticeship; 
virtual listening sessions in 2021 coordinated by OA in partnership 
with various partners and stakeholders to hear perspectives on the 
current state of the National Apprenticeship System and to gather ideas 
and suggestions on ways to modernize registered apprenticeship 
programs; National Online Dialogue in 2022, led by OA and launched by 
ePolicyWorks (entitled Advancing the National Apprenticeship System''), 
which asked participants, including various partners and stakeholders, 
to describe what they believed to be the optimal implementation of the 
registered apprenticeship model; Virtual Listening Sessions in 2023, 
coordinated by OA, wherein partners and stakeholders were given the 
opportunity to share perspectives on the current state of the National 
Apprenticeship System and to share policy recommendations for ways to 
strengthen and modernize the system. Questions for these sessions were 
developed, in part, by reviewing the ACA's 2022 Interim Report; The 
2023 Quality Apprenticeships Recommendation (ILO Recommendation No. 
208), adopted by the 111th International Labour Conference on June 16, 
2023, which describes the fundamental attributes of quality 
apprenticeships; and Regular stakeholder engagements related to the 
expansion of the registered apprenticeship model, including with 
industry groups, labor unions, worker advocates, State and local 
workforce partners, education systems, and intermediaries.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   01/17/24  89 FR 3118
NPRM Comment Period End.............   03/18/24
Final Rule..........................   08/00/24
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: John V. Ladd, Administrator, Office of 
Apprenticeship, Department of Labor, Employment and Training 
Administration, 200 Constitution Avenue NW, FP Building, Room C-5311, 
Washington, DC 20210, Phone: 202 693-2796, Fax: 202 693-3799, Email: 
[email protected].
    RIN: 1205-AC13


[[Page 66842]]



DEPARTMENT OF LABOR (DOL)

Employment and Training Administration (ETA)

Completed Actions

147. Workforce Innovation and Opportunity Act Effectiveness in Serving 
Employers Performance Indicator Provisions [1205-AC01]

    Legal Authority: 29 U.S.C. 3249(a)
    Abstract: Under WIOA, there are six primary indicators of 
performance. Five of the six indicators were defined in the regulation; 
however, in the 2016 final rule implementing WIOA the Departments of 
Labor and Education (the Departments) determined that it was prudent to 
pilot various alternatives for the sixth indicator of performance, 
which measures the system's effectiveness in serving employers. The 
pilot process was completed and the Departments published a final rule 
updating the WIOA implementing regulations to incorporate Retention 
with the Same Employer as the standard definition of the effectiveness 
in serving employers indicator and to require one WIOA core program 
report on the indicator on behalf of all six WIOA core programs within 
each state. The Department of Labor issued a separate final rule 
incorporating Retention with the Same Employer as the definition of the 
effectiveness in serving employers into the regulations for the Job 
Corps program, Indian and Native American Programs, and YouthBuild.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   09/14/22  87 FR 56318
NPRM Comment Period End.............   11/14/22
Final Rule..........................   02/23/24  89 FR 13814
Final Rule Effective................   03/25/24
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Michelle Paczynski, Administrator, Department of 
Labor, Employment and Training Administration, 200 Constitution Avenue 
NW, N-5641, Washington, DC 20210, Phone: 202 693-3700, Email: 
[email protected].
    RIN: 1205-AC01

148. Workforce Innovation and Opportunity Act Title I Non-Core Programs 
Effectiveness in Serving Employers Performance Indicator [1205-AC08]

    Legal Authority: 29 U.S.C. 3141; 29 U.S.C. 3209; 29 U.S.C. 3221; 29 
U.S.C. 3226; 29 U.S.C. 3249
    Abstract: Under WIOA, there are six primary indicators of 
performance. Five of the six indicators were defined in a regulation 
the Departments of Labor and Education (the Departments) jointly 
issued. The Departments pilot tested various alternatives for the sixth 
indicator of performance, which measures the workforce system's 
effectiveness in serving employers. That process was completed and the 
Departments published a final rule under RIN number 1205-AC01 to 
incorporate Retention with the Same Employer as the standard definition 
of the effectiveness in serving employers indicator into the 
regulations implementing WIOA at 20 CFR part 677, 34 CFR part 361, and 
34 CFR part 463.
    The Department of Labor (DOL) has completed this rulemaking to 
incorporate the Retention with the Same Employer standard definition of 
the effectiveness in serving employers indicator into the regulations 
for three (3) programs DOL administers under WIOA 20 CFR part 684 
(Indian and Native American Programs), 20 CFR part 686 (Job Corps), 20 
CFR part 688 (YouthBuild).
    One additional WIOA authorized program, the National Farmworker 
Jobs Program (NFJP) at 20 CFR part 685, was impacted by the addition of 
the definition of the effectiveness in serving employers indicator. 
WIOA section 167 (29 U.S.C. 3222) authorizes the NFJP. Section 167 of 
WIOA requires DOL to use the six WIOA primary indicators of 
performance, including the effectiveness in serving employers 
indicator, to assess the performance of the NFJP. Therefore, the new 
definition of the effectiveness in serving employers indicator in 20 
CFR part 677 will also apply to the NFJP. However, no changes to the 
regulation text at 20 CFR part 685 (NFJP's implementation regulations) 
were necessary to implement this change.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   09/14/22  87 FR 56340
NPRM Comment Period End.............   11/14/22
Final Rule..........................   02/23/24  89 FR 13595
Final Rule Effective................   03/25/24
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Michelle Paczynski, Administrator, Department of 
Labor, Employment and Training Administration, 200 Constitution Avenue 
NW, N-5641, Washington, DC 20210, Phone: 202 693-3700, Email: 
[email protected].
    RIN: 1205-AC08

149. Improving Protections for Workers in Temporary Agricultural 
Employment in the United States [1205-AC12]

    Legal Authority: 8 U.S.C. 1188; 29 U.S.C. 49 et seq.
    Abstract: The Department identified a need to strengthen and 
clarify protections for all temporary agricultural workers, including 
U.S. workers and workers employed through the H-2A temporary 
agricultural program. The H-2A temporary agricultural program allows 
agricultural employers to perform agricultural labor or services of a 
temporary or seasonal nature so long as there are not sufficient able, 
willing, and qualified U.S. workers to perform the work and the 
employment of H-2A workers does not adversely affect the wages and 
working conditions of similarly employed workers in the United States. 
The use of the H-2A program has grown substantially in recent years and 
the Department is committed to protecting agricultural workers in light 
of their significant vulnerabilities.
    The Department of Labor's (DOL) Employment and Training 
Administration and Wage and Hour Division amended regulations to 
improve working conditions and protections for workers engaged in 
temporary agricultural employment in the United States; and strengthen 
protections in the recruitment, job order clearance, and oversight 
processes. The final rule made regulatory changes involving the 
Employment Service and the H-2A nonimmigrant visa program at 29 CFR 
part 501 and 20 CFR parts 651, 653, 654, 655, and 658.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   09/15/23  88 FR 63750
NPRM Comment Period End.............   11/14/23
Final Rule..........................   04/29/24  89 FR 33898
Final Rule Effective................   06/28/24
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Brian Pasternak, Administrator, Department of 
Labor, Employment and Training Administration, 200 Constitution Avenue 
NW, Office of Foreign Labor Certification; Room N-5311, FP Building, 
Washington, DC 20210, Phone: 202 693-8200, Email: 
[email protected].
    RIN: 1205-AC12


[[Page 66843]]



DEPARTMENT OF LABOR (DOL)

Employee Benefits Security Administration (EBSA)

Final Rule Stage

150. Independent Dispute Resolution Operations [1210-AC17]

    Legal Authority: Pub. L. 116-260, Div. BB, Title I and Title II
    Abstract: This final rule amends the Requirements Related to 
Surprise Billing; Part I (July 2021 interim final rules), Requirements 
Related to Surprise Billing Interim Final Rules; Part II (October 2021 
interim final rules), and Requirements Related to Surprise Billing; 
Final Rules (August 2022 final rules) which set forth requirements 
related to Title I (No Surprises Act (NSA)) and Title II (Transparency) 
of Division BB of the Consolidated Appropriations Act, 2021.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   11/03/23  88 FR 75744
NPRM Comment Period End.............   01/02/24
NPRM Comment Period Reopened........   01/22/24  89 FR 3896
NPRM Comment Period Reopened End....   02/05/24
Final Action........................   11/00/24
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Amber Rivers, Director, Office of Health Plan 
Standards and Compliance Assistance, Department of Labor, Employee 
Benefits Security Administration, 200 Constitution Avenue NW, 
Washington, DC 20210, Phone: 202 693-8335, Email: [email protected].
    RIN: 1210-AC17

DEPARTMENT OF LABOR (DOL)

Employee Benefits Security Administration (EBSA)

Completed Actions

151. Retirement Security Rule: Definition of an Investment Advice 
Fiduciary [1210-AC02]

    Legal Authority: 29 U.S.C. 1002; 29 U.S.C. 1135; Reorganization 
Plan No. 4 of 1978, 5 U.S.C. App. 252 (2020)
    Abstract: This rulemaking amended the regulatory definition of the 
term fiduciary set forth at 29 CFR 2510.3-21(c) to more appropriately 
define when persons who render investment advice for a fee to employee 
benefit plans and IRAs are fiduciaries within the meaning of section 
3(21) of ERISA and section 4975(e)(3) of the Internal Revenue Code. The 
amendment took into account practices of investment advisers, and the 
expectations of plan officials and participants, and IRA owners who 
receive investment advice, as well as developments in the investment 
marketplace, including in the ways advisers are compensated that can 
subject advisers to harmful conflicts of interest. In conjunction with 
this rulemaking, EBSA also amended existing prohibited transaction 
exemptions to ensure consistent protection of employee benefit plan and 
IRA investors. During the consideration of the proposed rule, in order 
to broaden public participation and community engagement in the 
regulatory process, the Department developed a web page dedicated to 
this rulemaking that included plain language information on the 
rulemaking and provided information about where to submit comments. The 
Department also held a public hearing during the comment period for 
this rulemaking at which more than 40 witnesses testified.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   11/03/23  88 FR 75890
NPRM Comment Period End.............   01/02/24
Final Rule..........................   04/25/24  89 FR 32122
Final Rule Effective................   09/23/24
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Karen E. Lloyd, Office of Regulations and 
Interpretations, Department of Labor, Employee Benefits Security 
Administration, 200 Constitution Avenue NW, FP Building, Room N-5655, 
Washington, DC 20210, Phone: 202 693-8510.
    RIN: 1210-AC02

DEPARTMENT OF LABOR (DOL)

Mine Safety and Health Administration (MSHA)

Completed Actions

152. Respirable Crystalline Silica [1219-AB36]

    Legal Authority: 30 U.S.C. 811; 30 U.S.C. 813(h); 30 U.S.C. 957
    Abstract: Many miners are exposed to respirable crystalline silica 
(RCS) in respirable dust. These miners can develop lung diseases such 
as chronic obstructive pulmonary disease, and various forms of 
pneumoconiosis, such as silicosis, progressive massive fibrosis, and 
rapidly progressive pneumoconiosis. These diseases are irreversible and 
may ultimately be fatal. The Mine Safety and Health Administration's 
(MSHA) existing standards limit miners' exposures to RCS. MSHA 
published a final rule to address the existing permissible exposure 
limit of RCS for all miners and to update the existing respiratory 
protection standards under 30 CFR 56, 57, and 72. Throughout the 
rulemaking process, MSHA widely solicited stakeholder participation by 
holding virtual and in-person public hearings throughout the country 
and participating in a Small Business Labor Safety Roundtable 
discussion organized by the Small Business Administration's Office of 
Advocacy.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Request for Information (RFI).......   08/29/19  84 FR 45452
RFI Comment Period End..............   10/28/19
NPRM................................   07/13/23  88 FR 44852
NPRM Comment Period Extended........   08/14/23  88 FR 54961
NPRM Comment Period Extended End....   09/11/23
NPRM Notice of Public Hearings......   07/26/23  88 FR 48146
NPRM Public Hearing in Arlington,      08/03/23
 Virginia.
NPRM Public Hearing in Beckley, West   08/10/23
 Virginia.
NPRM Public Hearing in Denver,         08/21/23
 Colorado.
Final Rule..........................   04/18/24  89 FR 28218
Final Rule Effective................   06/17/24
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: S. Aromie Noe, Director, Office of Standards, 
Regulations, and Variances, Department of Labor, Mine Safety and Health 
Administration, 201 12th Street S, Suite 401, Arlington, VA 22202, 
Phone: 202 693-9440, Fax: 202 693-9441.
    RIN: 1219-AB36


[[Page 66844]]



DEPARTMENT OF LABOR (DOL)

Occupational Safety and Health Administration (OSHA)

Proposed Rule Stage

153. Infectious Diseases [1218-AC46]

    Legal Authority: 5 U.S.C. 533; 29 U.S.C. 657 and 658; 29 U.S.C. 
660; 29 U.S.C. 666; 29 U.S.C. 669; 29 U.S.C. 673
    Abstract: Employees in health care and other high-risk environments 
face long-standing infectious disease hazards such as tuberculosis 
(TB), varicella disease (chickenpox, shingles), Methicillin-Resistant 
Staphylococcus Aureus (MRSA), and measles, as well as new and emerging 
infectious disease threats, such as Severe Acute Respiratory Syndrome 
(SARS), the 2019 Novel Coronavirus (COVID-19), and pandemic influenza. 
OSHA is examining regulatory alternatives for control measures to 
protect employees from exposure to pathogens that can cause significant 
infectious disease. Workplaces where such control measures might be 
necessary include: health care, emergency response, correctional 
facilities, homeless shelters, drug treatment programs, and other 
occupational settings where employees can be at increased risk of 
exposure to individuals who are potentially infectious. A standard 
could also apply to laboratories, which handle materials that may be a 
source of pathogens, and to pathologists, coroners' offices, medical 
examiners, and mortuaries.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Request for Information (RFI).......   05/06/10  75 FR 24835
RFI Comment Period End..............   08/04/10
Analyze Comments....................   12/30/10
Stakeholder Meetings................   07/05/11  76 FR 39041
Initiate SBREFA.....................   06/04/14
Complete SBREFA.....................   12/22/14
NPRM................................   11/00/24
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Andrew Levinson, 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, Email: 
[email protected].
    RIN: 1218-AC46

154. Process Safety Management and Prevention of Major Chemical 
Accidents [1218-AC82]

    Legal Authority: 29 U.S.C. 655; 29 U.S.C. 657
    Abstract: The Occupational Safety and Health Administration (OSHA) 
issued a Request for Information (RFI) on December 9, 2013 (78 FR 
73756). The RFI identified issues related to modernization of the 
Process Safety Management standard and related standards necessary to 
meet the goal of preventing major chemical accidents. OSHA completed 
SBREFA in August 2016. OSHA held a stakeholder meeting on October 12, 
2022, and kept the docket open for comments until November 14, 2022.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Request for Information (RFI).......   12/09/13  78 FR 73756
RFI Comment Period Extended.........   03/07/14  79 FR 13006
RFI Comment Period Extended End.....   03/31/14
Initiate SBREFA.....................   06/08/15
SBREFA Report Completed.............   08/01/16
Stakeholder Meeting.................   10/12/22
Analyze Comments....................   09/00/24
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Andrew Levinson, 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, Email: 
[email protected].
    RIN: 1218-AC82

155. Communication Tower Safety [1218-AC90]

    Legal Authority: 29 U.S.C. 655(b); 5 U.S.C. 609
    Abstract: While the number of employees engaged in the 
communication tower industry remains small, the fatality rate is very 
high. Over the past 20 years, this industry has experienced an average 
fatality rate that greatly exceeds that of the construction industry. 
Due to recent Federal Communications Commission (FCC) spectrum auctions 
and innovations in cellular technology, there will be a very high level 
of construction activity taking place on communication towers over the 
next few years. A similar increase in the number of construction 
projects needed to support cellular phone coverage triggered a spike in 
fatality and injury rates years ago. Based on information collected 
from an April 2015 Request for Information (RFI), Occupational Safety 
and Health Administration (OSHA) concluded that current OSHA 
requirements such as those for fall protection and personnel hoisting, 
may not adequately cover all hazards of communication tower 
construction and maintenance activities. OSHA will use information 
collected from a Small Business Regulatory Enforcement Fairness Act 
(SBREFA) panel to identify effective work practices and advances in 
engineering technology that would best address industry safety and 
health concerns. The Panel carefully considered the issue of the 
expansion of the rule beyond just communication towers. OSHA will 
continue to consider also covering structures that have 
telecommunications equipment on or attached to them (e.g., buildings, 
rooftops, water towers, billboards).
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Request for Information (RFI).......   04/15/15  80 FR 20185
RFI Comment Period End..............   06/15/15
Initiate SBREFA.....................   01/04/17
Initiate SBREFA.....................   05/31/18
Complete SBREFA.....................   10/11/18
NPRM................................   02/00/25
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Scott Ketcham, Director, Directorate of 
Construction, Department of Labor, Occupational Safety and Health 
Administration, 200 Constitution Avenue NW, Room N-3468, FP Building, 
Washington, DC 20210, Phone: 202 693-2020, Fax: 202 693-1689, Email: 
[email protected].
    RIN: 1218-AC90

156. Emergency Response [1218-AC91]

    Legal Authority: 29 U.S.C. 655(b); 29 U.S.C. 657; 5 U.S.C. 609
    Abstract: The Occupational Safety and Health Administration (OSHA) 
currently regulates aspects of emergency response and preparedness; 
some of these standards were promulgated decades ago, and none were 
designed as comprehensive emergency response standards. Consequently, 
they do not address the full range of hazards or concerns currently 
facing emergency responders, and other workers providing skilled 
support, nor do they reflect major changes in performance

[[Page 66845]]

specifications for protective clothing and equipment. The agency 
acknowledges that current OSHA standards also do not reflect all the 
major developments in safety and health practices that have already 
been accepted by the emergency response community and incorporated into 
industry consensus standards.
    The regulatory effort began in 2007 with a Request for Information 
(RFI). In July 2014, OSHA hosted two stakeholder meetings with 
participants representing a broad range of emergency responders as well 
as allied stakeholders such as State Plan representatives, skilled 
support workers, and law enforcement. Given the broad support and 
interest seen during the stakeholder meetings, OSHA decided to move 
forward with a comprehensive proposed standard for emergency response. 
In September 2015, OSHA requested, and NACOSH designated, a 
subcommittee made up of major stakeholders and charged with developing 
proposed regulatory text. The subcommittee held six meetings over the 
course of a year.
    In December 2016, the full NACOSH committee reviewed and approved 
the recommendations for a proposed rule developed by the subcommittee. 
The committee recommended to the Secretary that OSHA proceed with 
rulemaking, using the subcommittee's regulatory text as a basis for the 
rule. In October 2021, a Small Business Advocacy Review (SBAR) panel 
was assembled, as required by the Small Business Regulatory Enforcement 
Fairness Act of 1996 (SBREFA); SBREFA was concluded in December; 2021.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Stakeholder Meetings................   07/30/14
Convene NACOSH Workgroup............   09/09/15
NACOSH Review of Workgroup Report...   12/14/16
Initiate SBREFA.....................   08/02/21
Finalize SBREFA.....................   12/02/21
NPRM................................   02/05/24  89 FR 7774
Comment Period Extended.............   03/28/24  89 FR 21468
NPRM Comment Period End.............   05/06/24
NPRM Comment Period Extension End...   06/21/24
NPRM Comment Period Extended........   06/11/24  89 FR 49119
NPRM Comment Period Extended End....   07/22/24
NPRM Analyze Comments...............   09/00/24
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Andrew Levinson, 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, Email: 
[email protected].
    RIN: 1218-AC91

157. Tree Care Standard [1218-AD04]

    Legal Authority: Not Yet Determined
    Abstract: There is no Occupational Safety and Health Administration 
(OSHA) standard for tree care operations; the agency currently applies 
a patchwork of standards to address the serious hazards in this 
industry. The tree care industry previously petitioned the agency for 
rulemaking and OSHA issued an ANPRM (September 2008). OSHA completed a 
Small Business Regulatory Enforcement Fairness Act (SBREFA) panel in 
May 2020, collecting information from affected small entities on a 
potential standard, including the scope of the standard, effective work 
practices, and arboricultural specific uses of equipment to guide OSHA 
in developing a rule that would best address industry safety and health 
concerns. Tree care continues to be a high-hazard industry.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Stakeholder Meeting.................   07/13/16
Initiate SBREFA.....................   01/10/20
Complete SBREFA.....................   05/22/20
NPRM................................   12/00/24
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Andrew Levinson, 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, Email: 
[email protected].
    RIN: 1218-AD04

158. Prevention of Workplace Violence in Health Care and Social 
Assistance [1218-AD08]

    Legal Authority: 29 U.S.C. 655(b); 5 U.S.C. 609
    Abstract: The Request for Information (RFI) (published on December 
7, 2016, (81 FR 88147)) provides the Occupational Safety and Health 
Administration's (OSHA) history with the issue of workplace violence in 
health care and social assistance, including a discussion of the 
Guidelines that were initially published in 1996, a 2014 update to the 
Guidelines, and the agency's use of 5(a)(1) in enforcement cases in 
health care. The RFI solicited information primarily from health care 
employers, workers and other subject matter experts on impacts of 
violence, prevention strategies, and other information that will be 
useful to the agency. OSHA was petitioned for a standard preventing 
workplace violence in health care by a broad coalition of labor unions, 
and in a separate petition by the National Nurses United. On January 
10, 2017, OSHA granted the petitions. In accordance with the 
requirements of the Small Business Regulatory Enforcement Fairness Act 
(SBREFA) OSHA convened a Small Business Advocacy Review (SBAR) panel in 
March 2023. OSHA issued the SBREFA Panel report on May 1, 2023.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Request for Information (RFI).......   12/07/16  81 FR 88147
RFI Comment Period End..............   04/06/17
Initiate SBREFA.....................   12/29/22
Complete SBREFA.....................   05/01/23
NPRM................................   12/00/24
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Andrew Levinson, 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, Email: 
[email protected].
    RIN: 1218-AD08

[FR Doc. 2024-16455 Filed 8-15-24; 8:45 am]
BILLING CODE 4510-HL-P