[Unified Agenda of Federal Regulations]
[Department of Labor Semiannual Regulatory Agenda]
[From the U.S. Government Printing Office, www.gpo.gov]


[[Page 23535]]


_______________________________________________________________________

Part XII





Department of Labor





_______________________________________________________________________



Semiannual Regulatory Agenda

Federal Register / Vol. 60, No. 88 / Monday, May 8, 1995 / 
Unified Agenda


Federal Register / Vol. 60, No. 88 / Monday, May 8, 1995 / 
Unified Agenda
[[Page 23536]]

=======================================================================

______________________________________________________________________

DEPARTMENT OF LABOR (DOL)                                             
  
______________________________________________________________________

DEPARTMENT OF LABOR

Office of the Secretary

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

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

30 CFR Ch. I

41 CFR Ch. 60

48 CFR Ch. 29

Semiannual Agenda of Regulations

AGENCY: Office of the Secretary, Labor.

ACTION: Semiannual agenda of regulations selected for review or 
development.

______________________________________________________________________

SUMMARY: This document sets forth the Department's semiannual agenda of 
regulations that have been selected for review or development during 
the coming year. The agenda complies with the requirements of both 
Executive Order 12866 and the Regulatory Flexibility Act. The agenda 
lists all regulations that are expected to be under review or 
development between April 1995 and April 1996, as well as those 
completed during the past 6 months. This agenda represents a 
significant reduction in regulatory items under development by the 
Department. In addition, in accordance with the President's recent 
directive, this agenda for the Department of Labor includes a number of 
items that will streamline existing regulations. The Department is also 
in the process of identifying regulations that may be appropriate for 
negotiated rulemaking.

FOR FURTHER INFORMATION CONTACT: Roland Droitsch, Deputy Assistant 
Secretary for Policy, Office of the Assistant Secretary for Policy, 
U.S. Department of Labor, 200 Constitution Avenue NW., Room S-2312, 
Washington, DC 20210, (202) 219-6197.

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

SUPPLEMENTARY INFORMATION: Executive Order 12866 and the Regulatory 
Flexibility Act require the semiannual publication in the Federal 
Register of an agenda of regulations.

    The Regulatory Flexibility Act became effective on January 1, 
1981, and applies only to regulations for which a notice of 
proposed rulemaking was issued on or after that date. It requires 
the Department of Labor to publish an agenda listing all the 
regulations it expects to propose or promulgate that are likely to 
have a ``significant economic impact on a substantial number of 
small entities'' (5 U.S.C. 602). Executive Order 12866 became 
effective September 30, 1993, and in substance, requires the 
Department of Labor to publish an agenda listing all the 
regulations it expects to have under active consideration for 
promulgation, proposal, or review during the coming 1-year period. 
The focus of all departmental regulatory activity will be on the 
development of rules that are understandable and usable to the 
employers and employees in all affected workplaces.

    As permitted by law, the Department of Labor is combining the 
publication of its agendas under the Regulatory Flexibility Act and 
Executive Order 12866.

    All interested members of the public are invited and encouraged 
to let departmental officials know how our regulatory efforts can 
be improved and, of course, to participate in and comment on the 
review or development of the regulations listed on the agenda.

Robert B. Reich,

Secretary of Labor.

                                    Office of the Secretary--Final Rule Stage                                   
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation 
 Sequence                                           Title                                            Identifier 
  Number                                                                                               Number   
----------------------------------------------------------------------------------------------------------------
2051        Coordinated Enforcement of Farm Labor Protective Statutes.............................    1290-AA11 
2052        Administrative Claims Under the Federal Torts Claims Act and Related Statutes.........    1290-AA13 
----------------------------------------------------------------------------------------------------------------


                            Employment Standards Administration--Proposed Rule Stage                            
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation 
 Sequence                                           Title                                            Identifier 
  Number                                                                                               Number   
----------------------------------------------------------------------------------------------------------------
2053        Government Contractors: Nondiscrimination and Affirmative Action Obligations (ESA/                  
            OFCCP)................................................................................    1215-AA01 
2054        Child Labor Regulations, Orders and Statements of Interpretation (ESA/W-H)............    1215-AA09 
2055        Defining and Delimiting the Term ``Any Employee Employed in a Bona Fide Executive,                  
            Administrative, or Professional Capacity'' (ESA/W-H)..................................    1215-AA14 
2056        Affirmative Action and Nondiscrimination Obligations of Contractors and Subcontractors              
            for Special Disabled Veterans and Veterans of the Vietnam Era.........................    1215-AA62 
2057        Labor Standards for Federal Service Contracts.........................................    1215-AA78 
2058        Standards for Waivers Under Section 503 of the Rehabilitation Act.....................    1215-AA84 
2059        Longshore and Harbor Workers' Compensation Act, Requirements for Mailing Documents and              
            for Using the OWCP Fee Schedule for Resolving Disputes on Charges for Medical Services    1215-AA92 
2060        Migrant and Seasonal Agricultural Worker Protection (29 CFR Part 500).................    1215-AA93 
2061        Procedures for Predetermination of Wage Rates (29 CFR Part 1) and Labor Standards                   
            Provisions Applicable to Contracts Covering Federally Financed and Assisted                         
            Construction (29 CFR Part 5)..........................................................   1215-AA94  
                             [[Page 23537]]
                                                                                                                
2062        Executive Order 12933 of October 20, 1994, ``Nondisplacement of Qualified Workers                   
            Under Certain Conditions''............................................................    1215-AA95 
2063        Regulations to Implement the Federal Acquisition Streamlining Act of 1994, 29 CFR                   
            Parts 4 and 5, 41 CFR Parts 50-201 and 50-206.........................................    1215-AA96 
----------------------------------------------------------------------------------------------------------------


                              Employment Standards Administration--Final Rule Stage                             
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation 
 Sequence                                           Title                                            Identifier 
  Number                                                                                               Number   
----------------------------------------------------------------------------------------------------------------
2064        Enforcement of Contractual Obligations for Temporary Alien Agricultural Workers                     
            Admitted Under Section 216 of the Immigration and Nationality Act.....................    1215-AA43 
2065        Attestations by Employers for Off-Campus Work Authorization for Alien Students (F-1                 
            Nonimmigrants)........................................................................    1215-AA68 
2066        Affirmative Action and Nondiscrimination Obligations of Contractors and Subcontractors              
            for Individuals With Disabilities.....................................................    1215-AA76 
2067        Application of the Fair Labor Standards Act to Domestic Service.......................    1215-AA82 
2068        Procedures for Handling Discrimination Complaints Under Federal ``Whistleblower''                   
            Protection Statutes...................................................................    1215-AA83 
2069        Child Labor Regulations, Orders, and Statements of Interpretation (Sports Attendants).    1215-AA89 
2070        Attestations by Employers Using Alien Crewmembers for Longshore Activities in U.S.                  
            Ports.................................................................................    1215-AA90 
----------------------------------------------------------------------------------------------------------------


                         Employment Standards Administration--Completed/Longterm Actions                        
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation 
 Sequence                                           Title                                            Identifier 
  Number                                                                                               Number   
----------------------------------------------------------------------------------------------------------------
2071        Wage Payments Under the Fair Labor Standards Act of 1938..............................    1215-AA32 
2072        Government Contractors: Contractor Participation in Training Programs Pursuant to the               
            Job Training Partnership Act (JTPA) (29 USC 1781).....................................    1215-AA56 
2073        Labor Condition Applications and Requirements for Employers Using Aliens on H-1B Visas              
            in Specialty Occupations and as Fashion Models........................................    1215-AA69 
2074        The Family and Medical Leave Act of 1993..............................................    1215-AA85 
2075        Affirmative Action Obligations of Contractors and Subcontractors for Disabled Veterans              
            and Veterans of the Vietnam Era.......................................................    1215-AA97 
----------------------------------------------------------------------------------------------------------------


                              Employment and Training Administration--Prerule Stage                             
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation 
 Sequence                                           Title                                            Identifier 
  Number                                                                                               Number   
----------------------------------------------------------------------------------------------------------------
2076        Services to Migrant and Seasonal Farmworkers, Job Service Complaint System, Monitoring              
            and Enforcement.......................................................................    1205-AA37 
----------------------------------------------------------------------------------------------------------------


                           Employment and Training Administration--Proposed Rule Stage                          
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation 
 Sequence                                           Title                                            Identifier 
  Number                                                                                               Number   
----------------------------------------------------------------------------------------------------------------
2077        Airline Deregulation: Employee Benefit Program........................................    1205-AA07 
2078        Job Training Partnership Act: Indian and Native American Programs.....................    1205-AA96 
2079        Job Training Partnership Act: Migrant and Seasonal Farmworker Programs................    1205-AA99 
2080        Federal-State Unemployment Compensation Program; Unemployment Insurance Revenue                     
            Quality Control Program...............................................................    1205-AB00 
2081        Amendments to the Labor Certification Process for Temporary Agricultural Employment in              
            the United States (H-2A)..............................................................    1205-AB09 
----------------------------------------------------------------------------------------------------------------


                                                                                                                
                           [[Page 23538]]
                            Employment and Training Administration--Final Rule Stage                            
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation  
 Sequence                                          Title                                            Identifier  
  Number                                                                                              Number    
----------------------------------------------------------------------------------------------------------------
2082        Senior Community Service Employment Program.........................................     1205-AA29  
2083        Job Corps Allowances and Allotments.................................................     1205-AA98  
2084        Disaster Unemployment Assistance Program, Amendment to Regulations..................     1205-AB02  
2085        Attestations by Employers Using Alien Crewmembers for Longshore Activities in U.S.                  
            Ports, the Alaska Exception.........................................................     1205-AB03  
2086        Trade Adjustment Assistance for Workers--Implementation of 1988 Amendments..........     1205-AB05  
2087        Trade Adjustment Assistance for Workers--Transitional Adjustment Assistance NAFTA-                  
            TAA.................................................................................     1205-AB07  
----------------------------------------------------------------------------------------------------------------


                       Employment and Training Administration--Completed/Longterm Actions                       
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation 
 Sequence                                           Title                                            Identifier 
  Number                                                                                               Number   
----------------------------------------------------------------------------------------------------------------
2088        Labor Certification Process for the Permanent Employment of Aliens in the United                    
            States................................................................................    1205-AA66 
2089        Permanent Labor Certification Program: Pilot Labor Market Information Provisions......    1205-AA87 
2090        Applications and Requirements for Employers Using Aliens in Specialty Occupations and               
            as Fashion Models (H-1B)..............................................................    1205-AA89 
2091        Trade Adjustment Assistance--Uniform Interpretation and Enforcement (Lopez Provisions)    1205-AB06 
2092        Trade Adjustment Assistance--Administrative Requirements..............................    1205-AB08 
----------------------------------------------------------------------------------------------------------------


                           Pension and Welfare Benefits Administration--Prerule Stage                           
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation 
 Sequence                                           Title                                            Identifier 
  Number                                                                                               Number   
----------------------------------------------------------------------------------------------------------------
2093        Reporting and Disclosure Under the Employee Retirement Income Security Act of 1974....    1210-AA44 
----------------------------------------------------------------------------------------------------------------


                        Pension and Welfare Benefits Administration--Proposed Rule Stage                        
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation 
 Sequence                                           Title                                            Identifier 
  Number                                                                                               Number   
----------------------------------------------------------------------------------------------------------------
2094        Qualified Domestic Relations Orders...................................................    1210-AA19 
2095        Definition of Collective Bargaining Agreement (ERISA Section 3(40))...................    1210-AA48 
----------------------------------------------------------------------------------------------------------------


                          Pension and Welfare Benefits Administration--Final Rule Stage                         
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation 
 Sequence                                           Title                                            Identifier 
  Number                                                                                               Number   
----------------------------------------------------------------------------------------------------------------
2096        Delinquent Filer Voluntary Compliance Program.........................................    1210-AA49 
2097        Interpretive Bulletin on Participant Education........................................    1210-AA50 
----------------------------------------------------------------------------------------------------------------


                     Pension and Welfare Benefits Administration--Completed/Longterm Actions                    
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation 
 Sequence                                           Title                                            Identifier 
  Number                                                                                               Number   
----------------------------------------------------------------------------------------------------------------
2098        Adequate Consideration................................................................    1210-AA15 
2099        Trust-Reporting Exemptions............................................................    1210-AA16 
2100        Civil Penalties Under ERISA Section 502(l)............................................    1210-AA37 
2101        Application of ERISA Fiduciary Standards to the Selection of Annuity Providers........    1210-AA39 
2102        In-Kind Contributions to Pension Plans................................................    1210-AA45 
----------------------------------------------------------------------------------------------------------------


                                                                                                                
                           [[Page 23539]]
                              Office of the American Workplace--Proposed Rule Stage                             
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation  
 Sequence                                          Title                                            Identifier  
  Number                                                                                              Number    
----------------------------------------------------------------------------------------------------------------
2103        Eligibility Requirements for Candidacy for Union Office.............................     1294-AA09  
2104        Reporting by Labor Relations Consultants and Other Persons..........................     1294-AA12  
2105        Permanent Replacement of Lawfully Striking Employees by Federal Contractors.........     1294-AA13  
----------------------------------------------------------------------------------------------------------------


                          Office of the American Workplace--Completed/Longterm Actions                          
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation 
 Sequence                                           Title                                            Identifier 
  Number                                                                                               Number   
----------------------------------------------------------------------------------------------------------------
2106        Procedure for Removal of Local Labor Organization Officers............................    1294-AA10 
----------------------------------------------------------------------------------------------------------------


                           Mine Safety and Health Administration--Proposed Rule Stage                           
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation 
 Sequence                                           Title                                            Identifier 
  Number                                                                                               Number   
----------------------------------------------------------------------------------------------------------------
2107        Noise Standard........................................................................    1219-AA53 
2108        Confined Spaces.......................................................................    1219-AA54 
2109        Carbon Monoxide Monitor Approval......................................................    1219-AA72 
2110        Diesel Particulate....................................................................    1219-AA74 
2111        Belt Entry Ventilation................................................................    1219-AA76 
2112        Metal/Nonmetal Impoundments...........................................................    1219-AA83 
2113        Safety Standards for Methane in Metal and Nonmetal Mines..............................    1219-AA90 
2114        Surface Haulage.......................................................................    1219-AA93 
2115        Safety Standards for the Use of Roof Bolting Machines in Underground Coal Mines.......    1219-AA94 
----------------------------------------------------------------------------------------------------------------


                             Mine Safety and Health Administration--Final Rule Stage                            
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation 
 Sequence                                           Title                                            Identifier 
  Number                                                                                               Number   
----------------------------------------------------------------------------------------------------------------
2116        Underground Coal Mine Ventilation.....................................................    1219-AA11 
2117        Diesel-Powered Equipment for Underground Coal Mines...................................    1219-AA27 
2118        Hazard Communication..................................................................    1219-AA47 
2119        Air Quality Chemical Substances and Respiratory Protection Standards..................    1219-AA48 
2120        Longwall Equipment (Including High-Voltage)...........................................    1219-AA75 
2121        Decertification of Certified and Qualified Persons....................................    1219-AA79 
2122        Single-Shift Sampling Notice..........................................................    1219-AA82 
2123        Safety Standards for Explosives at Metal and Nonmetal Mines...........................    1219-AA84 
2124        Respirator Approval...................................................................    1219-AA85 
2125        Independent Laboratory Testing........................................................    1219-AA87 
2126        Requirements for Approval of Flame-Resistant Conveyor Belts...........................    1219-AA92 
----------------------------------------------------------------------------------------------------------------


                        Mine Safety and Health Administration--Completed/Longterm Actions                       
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation 
 Sequence                                           Title                                            Identifier 
  Number                                                                                               Number   
----------------------------------------------------------------------------------------------------------------
2127        Waterlines in Belt Conveyor Entries...................................................    1219-AA70 
2128        Firefighting and Escape and Evacuation Program........................................    1219-AA73 
2129        Training (Including Contractors and Supervisors)......................................    1219-AA77 
2130        Examination of Surface Work Areas of Underground Coal Mines...........................    1219-AA78 
2131        Respirable Coal Dust Revisions........................................................    1219-AA81 
2132        Certification of Workplace Examiners..................................................    1219-AA86 
2133        Legal Identity........................................................................   1219-AA88  
                           [[Page 23540]]
                                                                                                                
2134        Bloodborne Pathogens..................................................................    1219-AA89 
2135        Training Surface Work Area Construction Contractors at Surface Work Areas.............    1219-AA91 
----------------------------------------------------------------------------------------------------------------


               Office of the Assistant Secretary for Administration and Management--Prerule Stage               
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation 
 Sequence                                           Title                                            Identifier 
  Number                                                                                               Number   
----------------------------------------------------------------------------------------------------------------
2136        Department of Labor Acquisition Regulations...........................................    1291-AA20 
----------------------------------------------------------------------------------------------------------------


            Office of the Assistant Secretary for Administration and Management--Proposed Rule Stage            
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation 
 Sequence                                           Title                                            Identifier 
  Number                                                                                               Number   
----------------------------------------------------------------------------------------------------------------
2137        Nondiscrimination on the Basis of Age in Programs and Activities Receiving Federal                  
            Financial Assistance From the Department of Labor.....................................    1291-AA21 
----------------------------------------------------------------------------------------------------------------


              Office of the Assistant Secretary for Administration and Management--Final Rule Stage             
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation 
 Sequence                                           Title                                            Identifier 
  Number                                                                                               Number   
----------------------------------------------------------------------------------------------------------------
2138        Uniform Administrative Requirements for Grants and Cooperative Agreements to State and              
            Local Governments (Thresholds)........................................................    1291-AA22 
2139        Nonprocurement Debarment and Suspension Common Rule To Achieve Reciprocity With                     
            Procurement...........................................................................    1291-AA23 
----------------------------------------------------------------------------------------------------------------


         Office of the Assistant Secretary for Administration and Management--Completed/Longterm Actions        
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation 
 Sequence                                           Title                                            Identifier 
  Number                                                                                               Number   
----------------------------------------------------------------------------------------------------------------
2140        New Restrictions on Lobbying..........................................................    1291-AA18 
2141        Administrative Grants and Cooperative Agreements to Government and Nonprofit                        
            Institutions..........................................................................    1291-AA24 
----------------------------------------------------------------------------------------------------------------


                       Occupational Safety and Health Administration--Proposed Rule Stage                       
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation 
 Sequence                                           Title                                            Identifier 
  Number                                                                                               Number   
----------------------------------------------------------------------------------------------------------------
2142        Respiratory Protection (Proper Use of Modern Respirators).............................    1218-AA05 
2143        Steel Erection (Part 1926) (Safety Protection for Ironworking)........................    1218-AA65 
2144        Recording and Reporting Occupational Injuries and Illnesses (Simplified Injury/Illness              
            Recordkeeping Requirements)...........................................................    1218-AB24 
2145        Control of Hazardous Energy (Lockout/Tagout)--Construction (Part 1926) (Preventing                  
            Construction Injuries/Fatalities: Lockout/Tagout).....................................    1218-AB30 
2146        Powered Industrial Truck Operator Training (Industrial Truck Safety Training).........    1218-AB33 
2147        Ergonomic Protection Standard.........................................................    1218-AB36 
2148        Comprehensive Occupational Safety and Health Programs.................................    1218-AB41 
2149        Occupational Exposure to Hexavalent Chromium (Preventing Occupational Illness:                      
            Chromium).............................................................................    1218-AB45 
2150        Occupational Exposure to Tuberculosis.................................................    1218-AB46 
2151        Confined Spaces for Construction (Part 1926) (Construction: Preventing Suffocation/                 
            Explosions in Confined Spaces)........................................................   1218-AB47  
                           [[Page 23541]]
                                                                                                                
2152        Miscellaneous Amendments to the Safety Standards for the Construction Industry (Part                
            1926) (Construction: Clarifications and Updates of Miscellaneous Provisions)..........    1218-AB48 
2153        General Working Conditions in Shipyards (Part 1915, Subpart F) (Phase II) (Shipyards:               
            General Working Conditions)...........................................................    1218-AB50 
2154        Fire Protection in Shipyard Employment (Part 1915, Subpart P) (Phase II) (Shipyards:                
            Fire Safety)..........................................................................    1218-AB51 
2155        Permit Required Confined Spaces (General Industry: Preventing Suffocation/Explosions                
            in Confined Spaces)...................................................................    1218-AB52 
----------------------------------------------------------------------------------------------------------------


                         Occupational Safety and Health Administration--Final Rule Stage                        
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation 
 Sequence                                           Title                                            Identifier 
  Number                                                                                               Number   
----------------------------------------------------------------------------------------------------------------
2156        Scaffolds (Part 1926) (Construction: Safer Scaffolds).................................    1218-AA40 
2157        Safety and Health Regulations for Longshoring (Part 1918) and Marine Terminals (Part                
            1917) (Shipyards: Protecting Longshoring Workers).....................................    1218-AA56 
2158        Scaffolds in Shipyards (Part 1915 - Subpart N) (Phase I) (Shipyards: Safer Scaffolds).    1218-AA68 
2159        Access and Egress in Shipyards (Part 1915, Subpart E) (Phase I) (Shipyards: Emergency               
            Exits and Aisles).....................................................................    1218-AA70 
2160        Personal Protective Equipment in Shipyards (Part 1915) (Shipyards: Goggles, Gloves,                 
            and Other PPE)........................................................................    1218-AA74 
2161        1,3-Butadiene (Preventing Occupational Illness: Butadiene)............................    1218-AA83 
2162        Glycol Ethers: 2-Methoxyethanol, 2-Ethoxyethanol, and Their Acetates Protecting                     
            Reproductive Health...................................................................    1218-AA84 
2163        Methylene Chloride (Preventing Occupational Illnesses: Methylene Chloride)............    1218-AA98 
2164        Walking Working Surfaces and Personal Fall Protection Systems (Part 1910) (Slips,                   
            Trips, and Falls Prevention)..........................................................    1218-AB04 
2165        Air Contaminants Rule for Construction, Agriculture and Maritime (Modernization of                  
            Chemical Exposure Limits).............................................................    1218-AB26 
2166        Accreditation of Training Programs for Hazardous Waste Operations (Part 1910).........    1218-AB27 
2167        Indoor Air Quality in the Workplace...................................................    1218-AB37 
2168        Abatement Verification (Hazard Correction)............................................    1218-AB40 
----------------------------------------------------------------------------------------------------------------


                    Occupational Safety and Health Administration--Completed/Longterm Actions                   
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation 
 Sequence                                           Title                                            Identifier 
  Number                                                                                               Number   
----------------------------------------------------------------------------------------------------------------
2169        Logging Operations (Part 1910)........................................................    1218-AA52 
2170        Medical Surveillance Programs for Employees...........................................    1218-AB00 
2171        Exposure Assessment Programs for Employees Exposed to Hazardous Chemicals.............    1218-AB01 
2172        Occupant Protection in Motor Vehicles (Prevention of Motor Vehicle Fatalities)........    1218-AB28 
2173        Crane Safety..........................................................................    1218-AB38 
----------------------------------------------------------------------------------------------------------------


        Office of the Assistant Secretary for Veterans' Employment & Training--Completed/Longterm Actions       
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation 
 Sequence                                           Title                                            Identifier 
  Number                                                                                               Number   
----------------------------------------------------------------------------------------------------------------
2174        Uniformed Services Employment and Reemployment Rights.................................    1293-AA05 
----------------------------------------------------------------------------------------------------------------



[[Page 23542]] 
______________________________________________________________________

DEPARTMENT OF LABOR (DOL)                             Final Rule Stage
Office of the Secretary (OS)
______________________________________________________________________

2051. COORDINATED ENFORCEMENT OF FARM LABOR PROTECTIVE STATUTES

Priority:  Informational

Legal Authority:  29 USC 49 et seq; 29 USC 201 et seq; 29 USC 651 et 
seq; 29 USC 1801 et seq; 8 USC 1188(g)(2); 5 USC 301

CFR Citation:  29 CFR 42

Legal Deadline: None

Abstract: The Department intends to revise its regulations for 
coordinated enforcement of farm protective statutes. The rule will 
clarify existing regulatory language and update the regulations by 
making nomenclature and other technical amendments. The sections also 
will be reorganized for clarification. These regulations were first 
promulgated in 1980 to coordinate the farm labor enforcement activities 
of the Department's Employment and Training Administration, the 
Employment Standards Administration, the Occupational Safety and Health 
Administration, and the Office of the Solicitor of Labor (45 FR 39489). 
The regulations establish a National Farm Labor Coordinated Enforcement 
Committee, which meets quarterly, consisting of the heads of the above 
DOL agencies, to oversee that coordination. A Regional Farm Labor 
Coordinated Enforcement Committee, which meets quarterly, is 
established in each DOL regional office. The Regional Committee is made 
up of the head of each of the above Agencies' regional offices. Each 
Regional Committee holds at least one annual public meeting to discuss 
farm labor issues.

Timetable:
_______________________________________________________________________

Action                            Date                      FR Cite

_______________________________________________________________________

ANPRM                           07/24/92                    57 FR 32939
ANPRM Comment Period End        08/24/92
NPRM                            01/19/93                     58 FR 5158
NPRM Comment Period End         02/18/93
Final Action                    00/00/00

Small Entities Affected: None

Government Levels Affected: None

Additional Information: Since 1980, a number of changes have taken 
place in DOL's farm labor activities, such as: The Farm Labor 
Contractor Registration Act has been replaced by the Migrant and 
Seasonal Agricultural Worker Protection Act; the title of the head of 
the National Committee has been changed from Under Secretary to Deputy 
Secretary; the Immigration Reform and Control Act of 1986 has amended 
the Immigration and Nationality Act, authorizing DOL to enforce work 
contracts executed by employers of alien (H-2A) farmworkers; the role 
of States in operating the Employment Service under the Wagner-Peyser 
Act was enhanced in 1982; regional offices of the Employment Standards 
Administration no longer exist and the regional farm labor enforcement 
role is now coordinated by the Regional Administrator for Wage Hour; 
and the Assistant Secretary for Policy has assumed a role in farm labor 
programs at the national level. These and other changes necessitate 
updating the coordinated enforcement regulations.

Agency Contact: Gordon L. Claucherty, Chairman, National Farm Labor 
Coordinated Enforcement Committee Working Group, Department of Labor, 
Office of the Secretary, 200 Constitution Avenue NW., Room S2114, FP 
Building, Washington, DC 20210, 202 219-6026

RIN: 1290-AA11
______________________________________________________________________



______________________________________________________________________

DEPARTMENT OF LABOR (DOL)                             Final Rule Stage
Office of the Secretary (OS)
______________________________________________________________________


2052. ADMINISTRATIVE CLAIMS UNDER THE FEDERAL TORTS CLAIMS ACT AND 
RELATED STATUTES

Priority:  Informational

Legal Authority:  28 USC 2672; 31 USC 3721; 29 USC 1706(b)

CFR Citation:  29 CFR 15

Legal Deadline: None

Abstract: This regulation will revise existing regulations issued 
pursuant to the Federal Tort Claims Act (FTCA) and the Military 
Personnel and Civilian Employees' Claims Act (MPCECA) to conform to 
previously issued delegations of authority. The regulation will revise 
the existing regulation to reflect delegations of authority to regional 
offices of the Office of the Solicitor to process and decide FTCA 
claims which seek damages up to $25,000 and which delegated authority 
to process and decide claims in excess of $25,000 to the Counsel for 
Claims. It will clarify procedures for submitting and processing claims 
and revise outdated addresses and telephone numbers. A number of 
changes are also necessary to clarify the manner in which claims are 
submitted and the manner in which an award is calculated. The existing 
regulation will be amended to reflect a change in underlying statutory 
authority for payment of claims arising out of the operation of Job 
Corps Centers, to reflect an increase in maximum amount payable on such 
claims and to clarify the manner in which such claims are submitted.

Timetable:
_______________________________________________________________________

Action                            Date                      FR Cite

_______________________________________________________________________

NPRM                            07/22/94                    59 FR 37540
NPRM Comment Period End         09/20/94
Final Action                    04/00/95

Small Entities Affected: None

Government Levels Affected: None

Agency Contact: Jeffrey L. Nesvet, Counsel for Claims, Employee 
Benefits Division, Department of Labor, Office of the Secretary, 200 
Constitution Avenue NW., Room S4325, FP Building, Washington, DC 20210, 
202 219-4405

RIN: 1290-AA13


[[Page 23543]] 
______________________________________________________________________

DEPARTMENT OF LABOR (DOL)                          Proposed Rule Stage
Employment Standards Administration (ESA)
______________________________________________________________________

2053. GOVERNMENT CONTRACTORS: NONDISCRIMINATION AND AFFIRMATIVE 
ACTION OBLIGATIONS (ESA/OFCCP)

Priority:  Regulatory Plan

Legal Authority:  EO 11246, as amended; 38 USC 4212; 29 USC 793

CFR Citation:  41 CFR 60-1; 41 CFR 60-2; 41 CFR 60-20; 41 CFR 60-30; 41 
CFR 60-50; 41 CFR 60-60; 41 CFR 60-250; 41 CFR 60-741; 41 CFR 60-742; 
41 CFR 60-4

Legal Deadline: None

Abstract: Executive Order 11246 requires all Federal contractors and 
subcontractors and federally assisted construction contractors and 
subcontractors to apply a policy of nondiscrimination and affirmative 
action in employment with respect to race, color, religion, sex, and 
national origin. The agency will propose revisions to the implementing 
regulations for Executive Order 11246 found at 41 CFR Part 60-1 and 60-
2. The 60-1 proposals will address the regulatory provisions that 
govern preaward review requirements; recordkeeping and record retention 
requirements; requirements for a written certification of non-
segregated facilities; and enforcement sanctions. The 60-2 regulations 
will be revised to specify a format for an abbreviated AAP summary 
report and simultaneously reduce the existing requirements for written 
affirmative action plan (AAP) requirements.

Statement of Need: Parts of the regulations implementing Executive 
Order 11246 need to be revised to clarify and streamline the rules; to 
reflect changes in the law that have occurred over time; and to reduce 
paperwork burdens on the regulated community. The regulatory revisions 
are necessary in order to allow DOL to effectively and efficiently 
enforce the provisions of the Executive Order. Agency proposals will be 
designed to streamline the requirements by deleting duplicative and 
unnecessary provisions thereby reducing regulatory burdens on Federal 
contractors; foster voluntary compliance by implementing an AAP summary 
format; provide the agency with an enhanced enforcement posture that is 
necessary as a deterrent to violations and for swifter enforcement; 
eliminate out-of-date regulatory provisions that are inconsistent with 
those of other agencies and other Departmental procedures; and revise 
certain parts of the regulations to reflect recent statutory changes 
and requirements.

Alternatives: After careful review, it was decided that the most 
effective way to improve compliance with the Executive Order 
provisions, and reduce burdens on compliant contractors, was to propose 
revisions to these regulations. Administrative actions alone could not 
produce the desired results. A determination was also made to publish 
revisions to the remaining regulatory provisions of the Executive Order 
at a later date so that careful consideration can be given to changes 
needed in each part of the regulations.

Anticipated Costs and Benefits: It is anticipated that the net effect 
of the proposed changes will be an increase in the rate of compliance 
with the nondiscrimination and affirmative action requirements of the 
Executive Order and a reduction in compliance costs to Federal 
contractors due to reduced paperwork requirements. The Department will 
also be able to employ its resources more efficiently and more 
effectively.

Risks: An assessment of the magnitude of the risk addressed by this 
action and how it relates to other risks within the jurisdiction of DOL 
will be prepared once decisions are reached on specific proposed 
changes in the Executive Order 11246 regulations.

Timetable:
_______________________________________________________________________

Action                            Date                      FR Cite

_______________________________________________________________________

ANPRM                           07/14/81                    46 FR 36213
NPRM (41 CFR Part 60)           07/00/95
FINAL (41 CFR Part 60)          04/00/96

Small Entities Affected: Businesses, Governmental Jurisdictions, 
Organizations

Government Levels Affected: State

Agency Contact: Annie A. Blackwell, Director, Division of Policy, 
Planning and Program Development, OFCCP, Department of Labor, 
Employment Standards Administration, 200 Constitution Avenue, Room 
C3325, FP Bldg., Washington, DC 20210, 202 219-9430

RIN: 1215-AA01
______________________________________________________________________



______________________________________________________________________

DEPARTMENT OF LABOR (DOL)                          Proposed Rule Stage
Employment Standards Administration (ESA)
______________________________________________________________________

2054. CHILD LABOR REGULATIONS, ORDERS AND STATEMENTS OF 
INTERPRETATION (ESA/W-H)

Priority:  Regulatory Plan

Legal Authority:  29 USC 203

CFR Citation:  29 CFR 570

Legal Deadline: None

Abstract: Section 3(1) of the Fair Labor Standards Act requires the 
Secretary of Labor to issue regulations with respect to 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. The Secretary also is directed to designate occupations 
that may be 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, and 
specifies the number of hours in a day and in a week, and time periods 
within a day, that such minors may be employed. The Department has 
invited public comment in considering whether changes in technology in 
the workplace and job content over the years require new hazardous 
occupations orders, and review of some of the applicable hazardous 
occupation orders and the method of their promulgation. Comment has 
also been solicited on whether revisions should be considered in the 
permissible hours and time of day standards for 14- and 15-year-olds. 
Comment has also been sought on appropriate changes required to 
implement school-to-work transition programs.

Statement of Need: Because of changes in the workplace and the 
introduction of new processes and technologies, the Department is 
undertaking a comprehensive review of the regulatory criteria 
applicable to child labor. Other factors necessitating a review of the 
child labor regulations are changes in places where young workers find 
employment opportunities, the existence of differing Federal and State 
standards, and the divergent views on how best to correlate school and 
work experiences.
Under the Fair Labor Standards Act, the Secretary of Labor is directed 
to provide by regulation or by order for the employment of youth 
between 14 and 16 years of age under periods and conditions which will 
not interfere with their schooling, health and well-being. The 
Secretary is also directed to [[Page 23544]] designate occupations that 
may be particularly hazardous for youth between the ages of 16 and 18 
years or detrimental to their health or well-being. The Secretary has 
done so by specifying, in regulations, the permissible industries and 
occupations in which 14- and 15-year-olds may be employed, and the 
number of hours per day and week and the time periods within a day in 
which they may be employed. In addition, these regulations designate 
the occupations declared particularly hazardous for minors between 16 
and 18 years of age or detrimental to their health or well-being.
Public comment has been invited in considering whether changes in 
technology in the workplace and job content over the years require new 
hazardous occupation orders or necessitate revision to some of the 
existing hazardous orders. Comment has also been invited on whether 
revisions should be considered in the permissible hours and time-of-day 
standards for the employment of 14- and 15-year-olds, and whether 
revisions should be considered to facilitate school-to-work transition 
programs. When developing regulatory proposals (after receipt of public 
comment on the advance notice of proposed rulemaking), the Department's 
focus will be on assuring healthy, safe and fair workplaces for young 
workers, and at the same time making regulatory standards less 
burdensome to the regulated community.

Alternatives: Full regulatory alternatives will be developed after 
receipt and analysis of the public comments responding to the advance 
notice of proposed rulemaking. Alternatives likely to be considered 
include specific additions or modifications to the hazardous occupation 
orders and changes to the hours 14- and 15-year-olds may work.

Anticipated Costs and Benefits: Preliminary estimates of the 
anticipated costs and benefits of this regulatory action will be 
developed once decisions are reached on particular proposed changes in 
the child labor regulations. Benefits will include safer working 
environments and fewer injuries to young workers.

Risks: An assessment of the magnitude of the risk addressed by this 
action and how it relates to other risks within the jurisdiction of DOL 
will be prepared once decisions are reached on particular proposed 
changes in the child labor regulations.

Timetable:
_______________________________________________________________________

Action                            Date                      FR Cite

_______________________________________________________________________

Final Action on HOs 2, 10, 12   11/20/91                    56 FR 58626
Final Action Effective Date     12/20/91                    56 FR 58626
ANPRM                           05/13/94                    59 FR 25167
ANPRM Comment Period End        10/11/94                    59 FR 40318
NPRM                            05/00/95

Small Entities Affected: Undetermined

Government Levels Affected: Undetermined

Agency Contact: Maria Echaveste, Administrator, Wage and Hour Division, 
Department of Labor, Employment Standards Administration, 200 
Constitution Avenue NW., Rm S3502, FP Bldg., Washington, DC 20210, 202 
219-8305

RIN: 1215-AA09
______________________________________________________________________



______________________________________________________________________

DEPARTMENT OF LABOR (DOL)                          Proposed Rule Stage
Employment Standards Administration (ESA)
______________________________________________________________________

2055. DEFINING AND DELIMITING THE TERM ``ANY EMPLOYEE EMPLOYED IN A 
BONA FIDE EXECUTIVE, ADMINISTRATIVE, OR PROFESSIONAL CAPACITY'' (ESA/W-H)

Priority:  Economically Significant

Legal Authority:  29 USC 213(a)(1)

CFR Citation:  29 CFR 541

Legal Deadline: None

Abstract: These regulations set forth the criteria for the Fair Labor 
Standards Act exemption from the minimum wage and overtime requirements 
of the Act for ``executive,'' ``administrative,'' ``professional,'' and 
``outside sales'' employees. The salary tests have not been updated 
since 1975. The Department has, however, made limited revisions to 
these regulations to address specific issues. In 1991, as the result of 
an amendment to the FLSA, the regulations were revised to permit 
certain highly skilled computer systems analysts, computer programmers, 
software engineers, and other similarly skilled professional employees 
to qualify for the exemption, including those paid on an hourly basis 
if their rates of pay exceed 6-1/2 times the applicable minimum wage. 
Also, in 1992, the Department issued a final rule which provided, in 
part, that an otherwise exempt public sector employee would not be 
disqualified from the exemption's requirement for payment on a ``salary 
basis'' solely because the employee is paid according to a public pay 
and leave system that, absent the use of paid leave, requires the 
employee's pay to be reduced for absences of less than one workday. 
Recent court rulings have caused confusion as to what constitutes 
compliance with the regulation's ``salary basis'' criteria in both the 
public and private sectors. All of these factors have led the 
Department to conclude that a review of these regulations is both 
necessary and appropriate.

Statement of Need: These regulations set forth the criteria for the 
Fair Labor Standards Act exemption for ``executive,'' 
``administrative,'' ``professional'' and ``outside sales employees.'' 
The existing salary test levels used in determining who is exempt from 
the minimum wage and overtime requirements were adopted in 1975 on an 
interim basis. These salary level tests are outdated and offer little 
practical guidance in the application of the exemption. In addition, 
numerous comments and petitions have been received in recent years from 
industry groups regarding the duties and responsibilities tests in the 
regulations. These factors, as well as recent case law developments, 
have led the Department to conclude that a review of these regulations 
is needed.
These regulations have been revised in recent years to deal with 
specific amendments or issues. In 1991, as the result of an amendment 
to the FLSA, the regulations were revised to permit certain highly 
skilled computer systems analysts, computer programmers, software 
engineers, and other similarly skilled professional employees to 
qualify for the exemption, including those paid on an hourly basis if 
their rates of pay exceed 6-1/2 times the applicable minimum wage.
Also in 1991, the Department undertook separate rulemaking on another 
aspect of the regulations, the definition of ``salary basis'' for 
public sector employers. An interim final rule provided, in part, that 
an otherwise exempt public sector employee would not be disqualified 
from the exemption's requirement for payment on a ``salary basis'' 
solely because the employee is paid according to a public pay and leave 
system that, absent the use of paid leave, reduces the 
[[Page 23545]] employee's pay for absences of less than one workday. 
(In 1992, the Department issued its final rule on this matter.)
Because of the limited nature of these revisions, the regulations are 
still in need of updating and clarification, especially with regard to 
applicability to public sector employment. In addition, recent court 
rulings have caused confusion on what constitutes compliance with the 
regulation's ``salary basis'' criteria in both the public and private 
sectors.

Alternatives: Because the regulations are sorely out of date, a 
comprehensive review is necessary. Regulatory alternatives will be 
developed as part of the review.

Anticipated Costs and Benefits: Some 23 million employees are within 
the scope of these regulations. Legal developments in court cases are 
causing progressive loss of control of the guiding interpretations 
under this exemption and are creating law without considering a 
comprehensive analytical approach to current compensation concepts and 
workplace practices. These court rulings are creating apprehension in 
both the private and public sectors. Clear and comprehensive 
regulations will once again provide for central, uniform control over 
application of these regulations.
Preliminary estimates of the specific costs and benefits of this 
regulatory action will be developed once the various regulatory 
alternatives are identified.

Risks: An assessment of the magnitude of the risk addressed by this 
action and how it relates to other risks within the jurisdiction of DOL 
will be prepared once decisions are reached on specific proposed 
changes in these regulations.

Timetable:
_______________________________________________________________________

Action                            Date                      FR Cite

_______________________________________________________________________

Indefinite Stay of Final Rule   02/12/81                    46 FR 11972
Proposal To Suspend Rule 
Indefinitely                    03/27/81                    46 FR 18998
ANPRM                           11/19/85                    50 FR 47696
Extension of ANPRM Comment 
Period From 01/21/86 to 03/22/8601/17/86                     51 FR 2525
ANPRM Comment Period End        03/22/86                     51 FR 2525
NPRM                            10/00/95

Small Entities Affected: Businesses, Governmental Jurisdictions, 
Organizations

Government Levels Affected: State, Local, Federal

Agency Contact: Maria Echaveste, Administrator, Wage and Hour Division, 
Department of Labor, Employment Standards Administration, 200 
Constitution Avenue NW., Room S3502, FP Bldg., Washington, DC 20210, 
202 219-8305

RIN: 1215-AA14
______________________________________________________________________



______________________________________________________________________

DEPARTMENT OF LABOR (DOL)                          Proposed Rule Stage
Employment Standards Administration (ESA)
______________________________________________________________________

2056. AFFIRMATIVE ACTION AND NONDISCRIMINATION OBLIGATIONS OF 
CONTRACTORS AND SUBCONTRACTORS FOR SPECIAL DISABLED VETERANS AND VETERANS 
OF THE VIETNAM ERA

Priority:  Substantive, Nonsignificant

Legal Authority:  38 USC 4211; 38 USC 4212; PL 93-508 Amended; PL 94-
502; PL 95-520; PL 96-466; PL 101-237; EO 11758; PL 97-306; PL 98-223; 
PL 102-16; PL 102-127; PL 102-484

CFR Citation:  41 CFR 60-250

Legal Deadline: None

Abstract: OFCCP is planning to revise its regulations implementing 38 
USC 4212 (formerly 2012) of the Vietnam Era Veterans' Readjustment 
Assistance Act of 1974 to: (1) make its provisions for special disabled 
veterans consistent with the Americans with Disabilities Act of 1990 
(ADA), (2) incorporate some legislative and other changes that have 
occurred, and (3) generally clarify 38 USC 4212 Affirmative Action 
Program (AAP) requirements.

Timetable:
_______________________________________________________________________

Action                            Date                      FR Cite

_______________________________________________________________________

NPRM                            05/00/95
Final Action                    12/00/95

Small Entities Affected: Undetermined

Government Levels Affected: Undetermined

Agency Contact: Annie A. Blackwell, Director, Division of Policy, 
Planning and Program Development, OFCCP, Department of Labor, 
Employment Standards Administration, 200 Constitution Avenue NW., Room 
C3325, FP Building, Washington, DC 20210, 202 219-9430

RIN: 1215-AA62
______________________________________________________________________



______________________________________________________________________

DEPARTMENT OF LABOR (DOL)                          Proposed Rule Stage
Employment Standards Administration (ESA)
______________________________________________________________________

2057. LABOR STANDARDS FOR FEDERAL SERVICE CONTRACTS

Priority:  Economically Significant

Legal Authority:  41 USC 351 et seq; 79 Stat 1034, as amended in 86 
Stat 789; 90 Stat 2358; 41 USC 38; 41 USC 39; 5 USC 301

CFR Citation:  29 CFR 4

Legal Deadline: None

Abstract: The Service Contract Act (SCA) applies to Federal contracts 
principally for the furnishing of services through the use of service 
employees and, on contracts over $2,500 where the predecessor contract 
was not subject to a collective bargaining agreement, requires the 
Department of Labor to determine prevailing wages and fringe benefits 
in the locality to be paid to various classifications of workers on the 
contract. Prevailing wage determinations issued by the Department, 
which become part of the Federal contract, establish the minimum 
compensation for employees performing on that contract. The Service 
Employees International Union (SEIU) sued DOL in March 1991 over DOL's 
practice, since 1976, of issuing two nationwide rates for health and 
welfare fringe benefits, and for not periodically updating fringe 
benefit levels. The District Court remanded the case to DOL for 
exhaustion of administrative remedies, which led to the DOL's Board of 
Service Contract Appeals decision that remanded the case to the Wage 
Hour Division to consider alternative methods of implementing the 
statute. Proposed regulations are required to resolve this litigation. 
A notice of proposed rulemaking will invite comment on alternatives for 
updating SCA fringe benefits.

Statement of Need: In order to resolve a lawsuit filed by the Service 
Employees International Union over DOL's long-standing administrative 
practice of issuing two nationwide rates for health and welfare fringe 
benefits for contracts subject to the Service Contract Act (SCA), DOL 
has decided that revisions to its regulations are needed. The McNamara-
O'Hara Service Contract Act requires the Department of Labor to 
determine locally prevailing wages and fringe benefits to be paid by 
service contractors to service employees working on Federal service 
contracts (unless the predecessor [[Page 23546]] contract was covered 
by a collective bargaining agreement).
An NPRM will be published to solicit comments on alternative 
methodologies for issuing prevailing SCA fringe benefits. It is 
expected that some or all of these alternatives will increase the 
benefit rates required on SCA contracts and thus increase costs for 
Federal agencies using service contracts. Because of the impact on 
Federal agency procurement actions, this action would be considered 
``significant'' under E.O. 12866.

Alternatives: A number of regulatory alternatives have been considered 
for inclusion in the NPRM. Among the possible alternatives are: The 
current two-tier system that sets two benefit rates using data for 
large and small establishments; a single fringe benefit rate based on 
the average cost of providing health insurance, retirement, and all 
other benefits not legally required for all firms in all industries; 
different benefit rates for each locality; and benefit rates for broad 
groups of occupations.

Anticipated Costs and Benefits: The anticipated cost of all the 
regulatory alternatives to the existing methodology for updating SCA 
health and welfare fringe benefit rates may likely exceed the costs 
associated with the existing methodology. Therefore, adoption of an 
alternative methodology may result in increased procurement costs to 
Federal agencies who let service contracts. Estimates of costs for each 
of the alternatives chosen will be prepared for inclusion in the NPRM. 
The benefit that will result from this regulatory action will be 
establishment of a reasonable and fair methodology for setting benefit 
rates and the resolution of the lawsuit.

Timetable:
_______________________________________________________________________

Action                            Date                      FR Cite

_______________________________________________________________________

NPRM                            00/00/00

Small Entities Affected: Businesses

Government Levels Affected: Federal

Agency Contact: Maria Echaveste, Administrator, Wage and Hour Division, 
Department of Labor, Employment Standards Administration, 200 
Constitution Avenue NW., Room S3502, FP Building, Washington, DC 20210, 
202 219-8305

RIN: 1215-AA78
______________________________________________________________________



______________________________________________________________________

DEPARTMENT OF LABOR (DOL)                          Proposed Rule Stage
Employment Standards Administration (ESA)
______________________________________________________________________

2058. STANDARDS FOR WAIVERS UNDER SECTION 503 OF THE REHABILITATION 
ACT

Priority:  Substantive, Nonsignificant

Legal Authority:  29 USC 706; 29 USC 793, as amended by PL 99-506; PL 
100-630; PL 100-259; PL 101-336; PL 102-569; EO 11758

CFR Citation:  41 CFR 60-741

Legal Deadline: None

Abstract: OFCCP is planning to issue regulations that will set forth 
standards for waivers (from provisions of Section 503 of the 
Rehabilitation Act) sought by federal contractors for facilities that 
they deem totally separate from and not involved in government contract 
work. OFCCP is required to issue these regulations by the 1992 
Rehabilitation Act amendments.

Timetable:
_______________________________________________________________________

Action                            Date                      FR Cite

_______________________________________________________________________

NPRM                            04/00/95
Final Action                    11/00/95

Small Entities Affected: Undetermined

Government Levels Affected: Undetermined

Agency Contact: Annie A. Blackwell, Director, Division of Policy, 
Planning and Program Development, OFCCP, Department of Labor, 
Employment Standards Administration, 200 Constitution Avenue NW., Room 
C3325, FP Building, Washington, DC 20210, 202 219-9430

RIN: 1215-AA84
______________________________________________________________________



______________________________________________________________________

DEPARTMENT OF LABOR (DOL)                          Proposed Rule Stage
Employment Standards Administration (ESA)
______________________________________________________________________

2059. LONGSHORE AND HARBOR WORKERS' COMPENSATION ACT, REQUIREMENTS 
FOR MAILING DOCUMENTS AND FOR USING THE OWCP FEE SCHEDULE FOR RESOLVING 
DISPUTES ON CHARGES FOR MEDICAL SERVICES

Priority:  Informational

Legal Authority:  33 USC 901 et seq; Longshore and Harbor Workers' 
Compensation Act, as amended

CFR Citation:  20 CFR 702.243; 20 CFR 702.316; 20 CFR 702.224; 20 CFR 
703.121; 20 CFR 702.413; 20 CFR 702.414

Legal Deadline: None

Abstract: Several sections of the regulations implementing the LHWCA 
will be revised to make for more effective administration. The 
requirement for using certified mail is being eliminated in certain 
circumstances; the requirement that an employer with several locations 
within a compensation district have only one insurance carrier is being 
modified; and the Office of Workers' Compensation Programs medical fee 
schedule would be used to establish the standard for determining what 
is a reasonable and customary medical charge.

Timetable:
_______________________________________________________________________

Action                            Date                      FR Cite

_______________________________________________________________________

NPRM                            04/00/95
Final Action                    08/00/95

Small Entities Affected: Businesses

Government Levels Affected: Federal

Agency Contact: Joseph Olimpio, Director for Longshore and Harbor 
Workers' Compensation, Department of Labor, Employment Standards 
Administration, 200 Constitution Avenue NW., Room C4315, FP Building, 
Washington, DC 20210, 202 219-8721

RIN: 1215-AA92
______________________________________________________________________



______________________________________________________________________

DEPARTMENT OF LABOR (DOL)                          Proposed Rule Stage
Employment Standards Administration (ESA)
______________________________________________________________________

2060. MIGRANT AND SEASONAL AGRICULTURAL WORKER PROTECTION (29 CFR 
PART 500)

Priority:  Regulatory Plan

Legal Authority:  29 USC 1801 to 1872, as amended

CFR Citation:  29 CFR 500

Legal Deadline: None

Abstract: The legislative history of the Migrant and Seasonal 
Agricultural Worker Protection Act (MSPA) indicates that the principles 
found in the court's decision in Hodgson v. Griffin and Brand, 471 F. 
2d 235, are to be followed in determining whether a joint employment 
relationship exists in the employment of migrant and seasonal farm 
workers in a given fact situation. The Department intends to publish an 
NPRM to solicit comments on a clarification of the regulations to more 
closely comport with the legislative history of MSPA and the principles 
found in Hodgson v. Griffin and Brand and also possible modifications 
to the procedures for MSPA hearings, seeking more timely decisions.

Statement of Need: These regulations need to be revised in order to 
provide some much needed clarifications and to make the hearing process 
more [[Page 23547]] efficient. In the legislative history to the 
Migrant and Seasonal Agricultural Worker Protection Act (MSPA), 
Congress stated that the term joint employment in MSPA was to have the 
same meaning as is found in the Fair Labor Standards Act (FLSA). 
Further remarks in the legislative history indicate that the principles 
found in Hodgson v. Griffin and Brand were to be determinative. 
However, subsequent legal developments have created confusion as to the 
appropriate criteria for determining the existence of a joint 
employment relationship. In its rulemaking, DOL will solicit comments 
to clarify the regulatory criteria for determining when a joint 
employment relationship exists between two or more employers. The 
Department will also consider modifying the rules relating to 
procedures for hearings, seeking more timely decisions.

Anticipated Costs and Benefits: There is no identifiable cost impact to 
the contemplated clarifying change in the regulations. Employers in the 
agricultural community will benefit from the clearer, more definitive 
criteria provided regarding joint employment relationships. An 
expedited hearing process will also be beneficial to all parties.

Timetable:
_______________________________________________________________________

Action                            Date                      FR Cite

_______________________________________________________________________

NPRM                            06/00/95

Small Entities Affected: None

Government Levels Affected: None

Agency Contact: Maria Echaveste, Administrator, Wage and Hour Division, 
Department of Labor, Employment Standards Administration, 200 
Constitution Avenue NW., Room S3502, FP Building, Washington, DC 20210, 
202 219-8305

RIN: 1215-AA93
______________________________________________________________________



______________________________________________________________________

DEPARTMENT OF LABOR (DOL)                          Proposed Rule Stage
Employment Standards Administration (ESA)
______________________________________________________________________

2061. PROCEDURES FOR PREDETERMINATION OF WAGE RATES (29 CFR PART 1) 
AND LABOR STANDARDS PROVISIONS APPLICABLE TO CONTRACTS COVERING FEDERALLY 
FINANCED AND ASSISTED CONSTRUCTION (29 CFR PART 5)

Priority:  Economically Significant

Legal Authority:  40 USC 276a to 276a(7)

CFR Citation:  29 CFR 1; 29 CFR 5

Legal Deadline: None

Abstract: The Department attempted to implement revised rules governing 
the circumstances in which ``helpers'' may be used on federally funded 
and assisted construction contracts subject to the Davis-Bacon Act in 
May 1982 (see 47 FR 23644, 23658 (May 28, 1982); 47 FR 32090 (July 20, 
1982)). After protracted litigation, a final rule was published in 
January 1989 (see 54 FR 4234) which became effective on February 4, 
1991. Thereafter, on two occasions, Congress acted to prevent the 
Department from expending any funds to implement these revised helper 
regulations--through the Dire Emergency Supplemental Appropriations Act 
of 1991, PL 102-27, 10 5 Stat. 130, 151 (1991), and then through 
section 104 of the DOL Appropriations Act of 1994, PL 103-112. Given 
the uncertainty of any future moratorium, the Department has determined 
that the helper issue should be addressed through further rulemaking.

Statement of Need: The current helper rules are difficult to administer 
and enforce, and--as evidenced by the prolonged litigation history and 
subsequent Congressional actions--are highly controversial. In May 
1982, the Department attempted to implement revised rules governing the 
circumstances in which ``helpers'' may be used on federally funded and 
federally assisted construction contracts subject to the Davis-Bacon 
Act. After protracted litigation, a final rule was published in January 
1989 and became effective on February 4, 1991. Thereafter, on two 
occasions, Congress acted to prevent the Department from expending any 
funds to implement these revised helper regulations through 
appropriations riders. Given the uncertainty of any future moratorium, 
the Department has determined that the helper issue should be addressed 
through further rulemaking.

Alternatives: None. The Administration has determined that this issue 
should not be addressed through the legislative process in which it 
seeks other reforms to the Davis-Bacon Act. Specific regulatory 
alternatives have not yet been developed.

Anticipated Costs and Benefits: A new rulemaking regarding the helper 
criteria will seek to make administration of the Davis-Bacon Act more 
efficient by establishing reasonable ``helper'' criteria and 
methodology--thus resolving the controversy and uncertainty currently 
experienced by interested parties. Changes in the helper regulations 
may result in an inability to realize some of the construction 
procurement cost savings anticipated from the earlier rulemaking. 
Estimates of the financial impacts of revised ``helper'' regulations 
will be prepared for inclusion in the NPRM.

Timetable:
_______________________________________________________________________

Action                            Date                      FR Cite

_______________________________________________________________________

NPRM                            00/00/00

Small Entities Affected: Businesses, Governmental Jurisdictions, 
Organizations

Government Levels Affected: State, Local, Tribal, Federal

Agency Contact: Maria Echaveste, Administrator, Wage and Hour Division, 
Department of Labor, Employment Standards Administration, 200 
Constitution Avenue NW., Room S3502, FP Building, Washington, DC 20210, 
202 219-8305

RIN: 1215-AA94
______________________________________________________________________



______________________________________________________________________

DEPARTMENT OF LABOR (DOL)                          Proposed Rule Stage
Employment Standards Administration (ESA)
______________________________________________________________________

2062.  EXECUTIVE ORDER 12933 OF OCTOBER 20, 1994, 
``NONDISPLACEMENT OF QUALIFIED WORKERS UNDER CERTAIN CONDITIONS''

Priority:  Other Significant

Legal Authority:  EO 12933

CFR Citation:  29 CFR 9

Legal Deadline: None
EO 12933 requires that regulations be issued within 180 days of the 
date the order was issued, or by April 17, 1995.

Abstract: Executive Order 12933 of October 20, 1994, requires a new 
clause be inserted in service contracts for maintenance of public 
buildings which imposes an obligation on successor contractors to offer 
the employees of predecessor contractors (other than managerial or 
supervisory personnel) a right of first refusal to employment under the 
follow-on contract.

Timetable:
_______________________________________________________________________

Action                            Date                      FR Cite

_______________________________________________________________________

NPRM                            00/00/00

Small Entities Affected: None

Government Levels Affected: Federal

Agency Contact: Maria Echaveste, Administrator, Wage and Hour 
[[Page 23548]] Division, Department of Labor, Employment Standards 
Administration, 200 Constitution Avenue NW., Room S3502, FP Building, 
Washington, DC 20210, 202 219-8305

RIN: 1215-AA95
______________________________________________________________________



______________________________________________________________________

DEPARTMENT OF LABOR (DOL)                          Proposed Rule Stage
Employment Standards Administration (ESA)
______________________________________________________________________


2063.  REGULATIONS TO IMPLEMENT THE FEDERAL ACQUISITION 
STREAMLINING ACT OF 1994, 29 CFR PARTS 4 AND 5, 41 CFR PARTS 50-201 AND 
50-206

Priority:  Substantive, Nonsignificant

Legal Authority:  PL 103-355, 108 Stat. 3243

CFR Citation:  29 CFR 4; 29 CFR 5; 41 CFR 50 - 201; 41 CFR 50 - 206

Legal Deadline:  NPRM, Statutory, May 11, 1995. Final, Statutory, 
September 8, 1995.

Abstract: The Federal Acquisition Streamlining Act of 1994 signed on 
October 13, 1994, amends several Acts administered by the Department of 
Labor: (1) It amends the Contract Work Hours and Safety Standards Act 
(CWHSSA) to limit its applicability to contracts in an amount of 
$100,000 or greater. (2) It amends the Davis-Bacon Act (DB) to provide 
waivers from the Act's prevailing wage requirements under selected laws 
for volunteers performing services to a State or local government or 
agency and for volunteers performing services to a public or private 
nonprofit recipient of Federal assistance. (3) It repeals section 7299 
of title 10 of the U.S. Code which applied the Walsh-Healey Public 
Contracts Act (PCA) to contracts for construction, alteration, 
furnishing, or equipping of naval vessels. It also amends the PCA to 
eliminate the requirements that contractors on covered contracts be 
either manufacturers or regular dealers in the items to be supplied 
under the contract but retained the Secretary of Labor's authority to 
define the terms ``regular dealer'' and ``manufacturer.''

Timetable:
_______________________________________________________________________

Action                            Date                      FR Cite

_______________________________________________________________________

NPRM                            00/00/00

Small Entities Affected: None

Government Levels Affected: State, Local, Federal

Additional Information: These legislative amendments will require 
revisions to Regulations, 29 CFR Parts 4 and 5 with respect to CWHSSA 
and DB, and Regulations, 41 CFR Part 50-201 and Part 50-206 with 
respect to PCA.

Agency Contact: Maria Echaveste, Administrator, Wage and Hour Division, 
Department of Labor, Employment Standards Administration, 200 
Constitution Avenue NW., Room S3502, FP Building, Washington, DC 20210, 
202 219-8305

RIN: 1215-AA96



______________________________________________________________________

DEPARTMENT OF LABOR (DOL)                             Final Rule Stage
Employment Standards Administration (ESA)
______________________________________________________________________

2064. ENFORCEMENT OF CONTRACTUAL OBLIGATIONS FOR TEMPORARY ALIEN 
AGRICULTURAL WORKERS ADMITTED UNDER SECTION 216 OF THE IMMIGRATION AND 
NATIONALITY ACT

Priority:  Substantive, Nonsignificant

Legal Authority:  PL 99-603

CFR Citation:  29 CFR 501

Legal Deadline:  Final, Statutory, June 1, 1987.

Abstract: The Immigration Reform and Control Act of 1986 contains 
certain labor standards requirements for foreign agricultural workers 
employed under the H-2A foreign agricultural worker program, as well as 
for U.S. workers hired by employers who utilize foreign agricultural 
workers. The standards relate to pay, working conditions, housing, 
transportation and recruitment. The Employment Standards Administration 
issued an interim final rule on June 1, 1987 (53 FR 20524) that 
incorporates the labor standards issued by the Employment and Training 
Administration (ETA) and sets forth procedures for enforcement of these 
labor standards.

Timetable:
_______________________________________________________________________

Action                            Date                      FR Cite

_______________________________________________________________________

NPRM                            05/05/87                    52 FR 16795
NPRM Comment Period End         05/19/87                    52 FR 16795
Interim Final Rule              06/01/87                    52 FR 20524
Final Action                    00/00/00

Small Entities Affected: Undetermined

Government Levels Affected: Federal

Agency Contact: Maria Echaveste, Administrator, Wage and Hour Division, 
Department of Labor, Employment Standards Administration, 200 
Constitution Avenue NW., Rm S3502, FP Bldg., Washington, DC 20210, 202 
219-8305

RIN: 1215-AA43
______________________________________________________________________




______________________________________________________________________

DEPARTMENT OF LABOR (DOL)                             Final Rule Stage
Employment Standards Administration (ESA)
______________________________________________________________________

2065. ATTESTATIONS BY EMPLOYERS FOR OFF-CAMPUS WORK AUTHORIZATION 
FOR ALIEN STUDENTS (F-1 NONIMMIGRANTS)

Priority:  Substantive, Nonsignificant

Legal Authority:  PL 101-649, Sec 221(a); 104 Stat 4978 and 5027; PL 
102-232

CFR Citation:  29 CFR 508

Legal Deadline:  Final, Statutory, October 1, 1991.

Abstract: This rule implements regulations governing the filing and 
enforcement of attestations by employers seeking to use aliens admitted 
as students on F-1 visas (hereafter F-1 student) in off-campus work. 
Under the Immigration and Nationality Act (INA), as amended by the 
Immigration Act of 1990, employers are required to submit these 
attestations to DOL and the educational institution in order for such 
students, if otherwise qualified, to receive work authorizations from 
the Attorney General. The attestation process has been administered by 
ETA, while complaints and investigations regarding violations are 
handled by ESA. Statutory authority for the initial program expired on 
September 30, 1994, but on October 25, 1994, Public Law 103-416 revived 
and extended the program through September 30, 1996.

Timetable:
_______________________________________________________________________

Action                            Date                      FR Cite

_______________________________________________________________________

Interim Final Rule              11/06/91                    56 FR 56860
Joint Interim Final Rule        12/15/94                    59 FR 64776


Next Action Undetermined [[Page 23549]] 

Small Entities Affected: None

Government Levels Affected: None

Agency Contact: Maria Echaveste, Administrator, Wage and Hour Division, 
Department of Labor, Employment Standards Administration, 200 
Constitution Avenue NW., Room S3502, FP Bldg., Washington, DC 20210, 
202 219-8305

RIN: 1215-AA68
______________________________________________________________________




______________________________________________________________________

DEPARTMENT OF LABOR (DOL)                             Final Rule Stage
Employment Standards Administration (ESA)
______________________________________________________________________

2066. AFFIRMATIVE ACTION AND NONDISCRIMINATION OBLIGATIONS OF 
CONTRACTORS AND SUBCONTRACTORS FOR INDIVIDUALS WITH DISABILITIES

Priority:  Substantive, Nonsignificant

Legal Authority:  29 USC 706; 29 USC 793; PL 99-506 Amended; PL 100-
630; PL 100-259; PL 101-336; EO 11758; PL 102-569

CFR Citation:  41 CFR 60-741

Legal Deadline: None

Abstract: OFCCP is planning to revise its regulations implementing 
Section 503 of the Rehabilitation Act of 1973: (1) to make them 
consistent with the Americans with Disabilities Act, (2) to incorporate 
legislative and other changes that have occurred, and (3) to generally 
clarify Section 503 Affirmative Action Program requirements. Costs are 
undetermined. These revisions should greatly assist the public, and 
employers in particular, by providing a comprehensive set of up-to-date 
regulations.

Timetable:
_______________________________________________________________________

Action                            Date                      FR Cite

_______________________________________________________________________

NPRM                            10/21/92                    57 FR 48084
NPRM Comment Period End         11/20/92
Final Action                    05/00/95

Small Entities Affected: Undetermined

Government Levels Affected: Undetermined

Agency Contact: Annie A. Blackwell, Director, Division of Policy, 
Planning and Program Development, OFCCP, Department of Labor, 
Employment Standards Administration, 200 Constitution Avenue NW., Room 
C3325, FP Building, Washington, DC 20210, 202 219-9430

RIN: 1215-AA76
______________________________________________________________________




______________________________________________________________________

DEPARTMENT OF LABOR (DOL)                             Final Rule Stage
Employment Standards Administration (ESA)
______________________________________________________________________

2067. APPLICATION OF THE FAIR LABOR STANDARDS ACT TO DOMESTIC 
SERVICE

Priority:  Substantive, Nonsignificant

Legal Authority:  Section 13(a)(15), Fair Labor Standards Act (FLSA), 
as amended; Section 13(b)(21), FLSA, as amended; 29 USC 213(a)(15); 29 
USC 213(b)(21) 88 Stat. 62; Section 29(b), FLSA of 1974; PL 93-259 88 
Stat.76

CFR Citation:  29 CFR 552

Legal Deadline: None

Abstract: Section 13(a)(15) of the Fair Labor Standards Act (FLSA) 
provides an exemption from minimum wage and overtime compensation for 
domestic service employees engaged in providing companionship services. 
Section 13(b)(21) of the FLSA provides an exemption from overtime 
compensation for live-in domestic service employees. The Department 
intends to revise section 552.109 of regulations, 29 CFR Part 552, 
Application of the Fair Labor Standards Act to Domestic Service, to 
clarify that these exemptions are applicable to third-party employers 
or temporary help agencies only where the domestic service worker is 
jointly employed by the third-party employer or temporary help agency 
and the family or household using their services.

Timetable:
_______________________________________________________________________

Action                            Date                      FR Cite

_______________________________________________________________________

NPRM                            12/30/93                    58 FR 69310
NPRM Comment Period End         02/28/94
Final Action                    00/00/00

Small Entities Affected: None

Government Levels Affected: None

Agency Contact: Maria Echaveste, Administrator, Wage and Hour Division, 
Department of Labor, Employment Standards Administration, 200 
Constitution Avenue NW., Room S3502, FP Building, Washington, DC 20210, 
202 219-8305

RIN: 1215-AA82
______________________________________________________________________




______________________________________________________________________

DEPARTMENT OF LABOR (DOL)                             Final Rule Stage
Employment Standards Administration (ESA)
______________________________________________________________________

2068. PROCEDURES FOR HANDLING DISCRIMINATION COMPLAINTS UNDER 
FEDERAL ``WHISTLEBLOWER'' PROTECTION STATUTES

Priority:  Substantive, Nonsignificant

Legal Authority:  42 USC 5851; PL 102-486 sec 2902, 106 Stat 2776

CFR Citation:  29 CFR 24

Legal Deadline: None

Abstract: The Energy Policy Act of 1992, Public Law 102-486, was 
enacted on October 24, 1992. Among other provisions, this law amended 
the employee protection provisions for nuclear whistleblowers under 
former Section 210 of the ERA. The amendments affect only ERA 
whistleblower complaints and do not extend to the procedures 
established in 29 CFR Part 24 for handling employee whistleblower 
complaints under the Federal statutory employee protection provisions 
other than the ERA. The legislative amendments to ERA apply to 
whistleblower claims filed under section 211(b)(1) of the ERA as 
amended (42 USC section 5851(b)(1)) on or after October 24, 1992, the 
date of enactment of section 2902 of the Energy Policy Act of 1992 
(section 2902, Public Law 102-486; 106 Stat. 2776). The Department 
proposes to establish modified procedures and time frames for handling 
ERA complaints under 29 CFR Part 24 to implement the statutory 
amendments.

Timetable:
_______________________________________________________________________

Action                            Date                      FR Cite

_______________________________________________________________________

NPRM                            03/16/94                    59 FR 12506
NPRM Comment Period End         05/16/94
Final Action                    00/00/00

Small Entities Affected: Undetermined

Government Levels Affected: Undetermined

Agency Contact: Maria Echaveste, Administrator, Wage and Hour Division, 
Department of Labor, Employment Standards Administration, 200 
Constitution Avenue NW., Room S3502, FP Building, Washington, DC 20210, 
202 219-8305

RIN: 1215-AA83
______________________________________________________________________




______________________________________________________________________

DEPARTMENT OF LABOR (DOL)                             Final Rule Stage
Employment Standards Administration (ESA)
______________________________________________________________________

2069. CHILD LABOR REGULATIONS, ORDERS, AND STATEMENTS OF 
INTERPRETATION (SPORTS ATTENDANTS)

Priority:  Other Significant

Legal Authority:  29 USC 203(l); 29 USC 212

CFR Citation:  29 CFR 570

Legal Deadline: None

Abstract: Section 3(1) of the Fair Labor Standards Act (FLSA), 29 USC 
203(1) provides that the Secretary of Labor shall provide by regulation 
or by order [[Page 23550]] for permissible periods and conditions of 
employment of 14- and 15-year olds in occupations other than 
manufacturing and mining if and to the extent such employment is 
confined to periods and to conditions which will not interfere with 
their schooling, health or well-being (see Child Labor Regulation No. 
3, 29 CFR 570, Subpart C). The Department has proposed revisions of the 
hours and time of day standards for and 14- and 15-year olds to enable 
their participation in certain kinds of professional sports activities 
as sports attendants (e.g., bat and ball boys/girls, etc.), certain 
limited occupational exemptions and procedural changes for Work 
Experience and Career Exploration Programs, and several other technical 
changes.

Timetable:
_______________________________________________________________________

Action                            Date                      FR Cite

_______________________________________________________________________

NPRM                            05/13/94                    59 FR 25164
NPRM Comment Period End         07/12/94
Final Action                    00/00/00

Small Entities Affected: None

Government Levels Affected: None

Agency Contact: Maria Echaveste, Administrator, Wage and Hour Division, 
Department of Labor, Employment Standards Administration, 200 
Constitution Avenue NW., Room S3502, FP Building, Washington, DC 20210, 
202 219-8305

RIN: 1215-AA89
______________________________________________________________________




______________________________________________________________________

DEPARTMENT OF LABOR (DOL)                             Final Rule Stage
Employment Standards Administration (ESA)
______________________________________________________________________


2070. ATTESTATIONS BY EMPLOYERS USING ALIEN CREWMEMBERS FOR 
LONGSHORE ACTIVITIES IN U.S. PORTS

Priority:  Substantive, Nonsignificant

Legal Authority:  8 USC 1288(c); PL 103-198, Sec 8; PL 103-206, Sec 323

CFR Citation:  29 CFR 506

Legal Deadline: None

Abstract: Under the 1990 Amendments to the Immigration and Nationality 
Act (INA), DOL is responsible for implementing Section 258 of INA, 
which establishes certain requirements for, and places certain 
limitations on, foreign crewmembers performing longshore work in U.S. 
ports. These regulations govern the filing and enforcement of 
attestations by employers seeking to use foreign crewmembers, which are 
filed with DOL in order to be allowed by the Immigration and 
Naturalization Service to use these crewmembers to perform specified 
longshore activities. ETA administers the attestation process, while 
complaints and investigations regarding the attestations are handled by 
ESA. In two separate enactments (PL 103-198 (107 Stat. 2304) and PL 
103-206 (107 Stat. 2419)), Congress recently enacted exceptions to the 
limitations on performance of longshore work by foreign crewmembers in 
the State of Alaska. The Department intends to promulgate rules as 
necessary to implement the statutory exception.

Timetable:
_______________________________________________________________________

Action                            Date                      FR Cite

_______________________________________________________________________

Interim Final Rule              01/19/95                     60 FR 3950
Final Action                    00/00/00

Small Entities Affected: None

Government Levels Affected: None

Agency Contact: Maria Echaveste, Administrator, Wage and Hour Division, 
Department of Labor, Employment Standards Administration, 200 
Constitution Avenue NW., Room S3502, FP Building, Washington, DC 20210, 
202 219-8305

RIN: 1215-AA90



______________________________________________________________________

DEPARTMENT OF LABOR (DOL)                   Completed/Longterm Actions
Employment Standards Administration (ESA)
______________________________________________________________________

2071. WAGE PAYMENTS UNDER THE FAIR LABOR STANDARDS ACT OF 1938

Legal Authority:  29 USC 203(m); 29 USC 203(t)

CFR Citation:  29 CFR 531

Legal Deadline: None

Abstract: The Labor Department had planned to review and update 
regulations, 29 CFR Part 531, Wage Payments under the Fair Labor 
Standards Act of 1938, to comport with amendments to the Act and 
changes in enforcement policy since the regulations were last revised 
in 1967. This action has been deferred due to other regulatory 
priorities.

Timetable:
_______________________________________________________________________

Action                            Date                      FR Cite

_______________________________________________________________________

Withdrawn                       01/31/95

Small Entities Affected: None

Government Levels Affected: None

Agency Contact: Maria Echaveste, Administrator, Wage and Hour Division, 
Department of Labor, Employment Standards Administration, 200 
Constitution Avenue NW., Room S3502, FP Building, Washington, DC 20210, 
202 219-8305

RIN: 1215-AA32
______________________________________________________________________




______________________________________________________________________

DEPARTMENT OF LABOR (DOL)                   Completed/Longterm Actions
Employment Standards Administration (ESA)
______________________________________________________________________

2072. GOVERNMENT CONTRACTORS: CONTRACTOR PARTICIPATION IN TRAINING 
PROGRAMS PURSUANT TO THE JOB TRAINING PARTNERSHIP ACT (JTPA) (29 USC 
1781)

Legal Authority:  29 USC 1781

CFR Citation:  41 CFR 60-1; 41 CFR 60-2

Legal Deadline:  Final, Statutory, October 1, 1983.

Abstract: Section 481 of the Job Training Partnership Act of 1982 
(JTPA) requires OFCCP to issue regulations which will specify the 
degree to which contractors' participation in JTPA approved training 
programs will satisfy their affirmative action obligations under 
Executive Order 11246, as amended. Among the issues to be determined 
are: (1) the extent to which a contractor's participation in an 
approved training program satisfies its affirmative action obligations; 
(2) the contents of an abbreviated affirmative action program; (3) 
methods for determining compliance; and (4) recordkeeping and reporting 
requirements.

Timetable:
_______________________________________________________________________

Action                            Date                      FR Cite

_______________________________________________________________________

Withdrawn                       01/31/95

Small Entities Affected: None

Government Levels Affected: None

Additional Information: Issuance of a proposal has been delayed while 
the Department explores and evaluates the most effective ways to 
implement the [[Page 23551]] JTPA consistent with OFCCP's 
nondiscrimination and affirmative action requirements. (Previously part 
of RIN 1215-AA01)

Agency Contact: Annie A. Blackwell, Director, Division of Policy, 
Planning and Program Development, OFCCP, Department of Labor, 
Employment Standards Administration, 200 Constitution Avenue NW., Room 
C3325, FP Building, Washington, DC 20210, 202 219-9430

RIN: 1215-AA56
______________________________________________________________________




______________________________________________________________________

DEPARTMENT OF LABOR (DOL)                   Completed/Longterm Actions
Employment Standards Administration (ESA)
______________________________________________________________________

2073. LABOR CONDITION APPLICATIONS AND REQUIREMENTS FOR EMPLOYERS 
USING ALIENS ON H-1B VISAS IN SPECIALTY OCCUPATIONS AND AS FASHION MODELS

Legal Authority:  PL 101-649, Sec 205; PL 102-232

CFR Citation:  29 CFR 507

Legal Deadline:  Final, Statutory, October 1, 1991.

Abstract: The Employment Standards Administration (ESA) and the 
Employment and Training Administration (ETA) promulgated regulations 
governing the filing and enforcement of labor condition applications 
filed by employers seeking to use aliens in specialty occupations on H-
1B visas. Under the Immigration and Nationality Act as amended by the 
Immigration Act of 1990, an employer seeking to employ an alien in a 
specialty occupation on an H-1B visa is required to file with the 
Department of Labor, and receive approval therefor, a labor condition 
application before the Immigration and Naturalization Service may 
approve an H-1B visa petition. The labor condition application process 
is administered by ETA and complaints and investigations regarding 
labor condition applications are the responsibility of ESA. An interim 
final rule was published on October 22, 1991, effective October 1, 1991 
(56 FR 54750). On December 12, 1991, Congress enacted the Miscellaneous 
and Technical Immigration and Naturalization Amendments of 1991. On 
January 13, 1992, the Department published conforming changes to these 
regulations. A new NPRM was published on October 6, 1993 (58 FR 52152) 
and a final rule was issued on 12/20/94 (59 FR 65646).

Timetable:
_______________________________________________________________________

Action                            Date                      FR Cite

_______________________________________________________________________

NPRM                            08/05/91                    56 FR 37175
NPRM Comment Period End         09/04/91                    56 FR 37175
Interim Final Rule              10/22/91                    56 FR 54720
Second Interim Final Rule       01/13/92                     57 FR 1316
Second NPRM                     10/06/93                    58 FR 52152
Second NPRM Comment Period End  11/05/93                    58 FR 52152
Final Action                    12/20/94                    59 FR 65646
Final Action Effective          01/19/95                     60 FR 4028

Small Entities Affected: Businesses

Government Levels Affected: Federal

Agency Contact: Maria Echaveste, Administrator, Wage and Hour Division, 
Department of Labor, Employment Standards Administration, 200 
Constitution Avenue NW., Room S3502, FP Bldg., Washington, DC 20210, 
202 219-8305

RIN: 1215-AA69
______________________________________________________________________




______________________________________________________________________

DEPARTMENT OF LABOR (DOL)                   Completed/Longterm Actions
Employment Standards Administration (ESA)
______________________________________________________________________

2074. THE FAMILY AND MEDICAL LEAVE ACT OF 1993

Legal Authority:  PL 103-3 107 Stat 6

CFR Citation:  29 CFR 825

Legal Deadline:  Other, Statutory, June 5, 1993.
Other deadline is for interim final rule.

Abstract: Public Law 103-3, the Family and Medical Leave Act of 1993, 
which became effective on August 5, 1993, requires employers with 50 or 
more employees to provide up to 12 weeks of unpaid leave for ``eligible 
employees'' to use for the care of a newborn or newly adopted child, 
for the care of a family member with a serious health condition, or for 
their own serious illness. It also requires employers to maintain 
health insurance coverage and job protection for the duration of the 
leave, and sets minimum length of service and hours of work 
requirements before employees become eligible. The Department of Labor 
issued interim final regulations to implement Title I of the Act as it 
applies to private sector and certain governmental employers on June 4, 
1993. Final regulations were issued January 6, 1995 (60 FR 2180). On 
February 3, 1995 the effective date of the final regulations was 
deferred until April 6th. OPM will issue regulations to implement 
similar provisions of the Act which have application to Federal sector 
employees within its jurisdiction.

Timetable:
_______________________________________________________________________

Action                            Date                      FR Cite

_______________________________________________________________________

NPRM                            03/10/93                    58 FR 13394
NPRM Comment Period End         03/31/93
Interim Final Rule              06/04/93                    58 FR 31794
Interim Final Rule Comment 
Period Ends 9/2/93              06/04/93                    58 FR 31794
Extension of Interim Final Rule 
Comment Period from 9/2/93 to 
12/3/93                         08/30/93                    58 FR 45433
Final Action                    01/06/95                     60 FR 2180
Deferral of Effective Date      02/03/95                     60 FR 6658
Final Action Effective          04/06/95                     60 FR 6658

Small Entities Affected: None

Government Levels Affected: State, Local, Federal

Agency Contact: Maria Echaveste, Administrator, Wage and Hour Division, 
Department of Labor, Employment Standards Administration, 200 
Constitution Avenue NW., Room S3502, FP Building, Washington, DC 20210, 
202 219-8305

RIN: 1215-AA85
______________________________________________________________________




______________________________________________________________________

DEPARTMENT OF LABOR (DOL)                   Completed/Longterm Actions
Employment Standards Administration (ESA)
______________________________________________________________________


2075.  AFFIRMATIVE ACTION OBLIGATIONS OF CONTRACTORS AND 
SUBCONTRACTORS FOR DISABLED VETERANS AND VETERANS OF THE VIETNAM ERA

Legal Authority:  38 USC 4212

CFR Citation:  41 CFR 60 to 250

Legal Deadline:  Final, Statutory, December 31, 1994.
To eliminate coverage cut-off date of December 31, 1994.

Abstract: This final rule incorporates a statutory change in the 
definition of ``Veteran of the Vietnam Era'' as that definition relates 
to Federal contractors' and subcontractors' affirmative action 
obligations with respect to such veterans by eliminating the coverage 
cut-off date of December 31, 1994. This rule also incorporates a 
statutory change in the mandatory job listing provision by eliminating 
the $25,000 per year salary ceiling and otherwise broadening the scope 
of job openings that must be listed with the State employment service 
by Federal contractors and subcontractors. [[Page 23552]] 

Timetable:
_______________________________________________________________________

Action                            Date                      FR Cite

_______________________________________________________________________

Final Action                    01/05/95                        60 FR 3
Final Action Effective          01/05/95                        60 FR 3

Small Entities Affected: Businesses, Governmental Jurisdictions

Government Levels Affected: State

Agency Contact: Annie A. Blackwell, Director, Division of Policy, 
Planning and Program Development, OFCCP, Department of Labor, 
Employment Standards Administration, 200 Constitution Avenue NW., Room 
C3325, FP Building, Washington, DC 20210, 202 219-9430

RIN: 1215-AA97



______________________________________________________________________

DEPARTMENT OF LABOR (DOL)                                Prerule Stage
Employment and Training Administration (ETA)
______________________________________________________________________


2076. SERVICES TO MIGRANT AND SEASONAL FARMWORKERS, JOB SERVICE 
COMPLAINT SYSTEM, MONITORING AND ENFORCEMENT

Priority:  Other Significant

Legal Authority:  29 USC 49k

CFR Citation:  20 CFR 653; 20 CFR 658; 20 CFR 651

Legal Deadline: None

Abstract: ETA is reviewing services to migrant and seasonal farmworkers 
under the Wagner-Peyser Act as a result of amendments to Wagner-Peyser 
under Title V of the Job Training Partnership Act. It is anticipated 
that an ANPRM will be published and subsequent rulemaking may result.

Timetable:
_______________________________________________________________________

Action                            Date                      FR Cite

_______________________________________________________________________

ANPRM                           00/00/00

Small Entities Affected: Undetermined

Government Levels Affected: State, Local, Federal

Agency Contact: Alicia Fernandez-Mott, National Monitor Advocate, 
Department of Labor, Employment and Training Administration, 200 
Constitution Ave. NW., Rm N4470, FP Building, Washington, DC 20210, 202 
219-9092

RIN: 1205-AA37



______________________________________________________________________

DEPARTMENT OF LABOR (DOL)                          Proposed Rule Stage
Employment and Training Administration (ETA)
______________________________________________________________________

2077. AIRLINE DEREGULATION: EMPLOYEE BENEFIT PROGRAM

Priority:  Other Significant

Legal Authority:  49 USC 1552

CFR Citation:  20 CFR 618

Legal Deadline: None

Abstract: These regulations are being developed to implement the 
monetary provisions contained in Sec. 43 of the Airline Deregulation 
Act of 1978. The Act requires the Secretary of Labor to specify the 
percentage of prior salary which an ``eligible protected employee'' 
would receive as a benefit payment under the Act. An eligible protected 
employee is a person who has had at least 4 years of employment with a 
certificated air carrier as of October 24, 1978 and who loses his or 
her job during the ten years following such date in a bankruptcy or 
major employment contraction if and only if the Department of 
Transportation determines that the principal causes of such job loss 
was deregulation. On May 17, 1984 the U.S. District Court for the 
District of Columbia held that Section 43 of the Airline Deregulation 
Act was unconstitutional. On July 16, 1985, the U.S. Court of Appeals 
decided that the employee protection provisions of Section 43 were 
severable from the legislative veto provisions. The U.S. Supreme Court 
ruled on March 25, 1987 that the legislative veto provisions were 
unconstitutional but the first right-to-hire provisions were 
constitutional, therefore, rulemaking can proceed on the monetary 
benefits aspect of the employee protection provisions. In 1991 the DOT 
determined there were no job losses due to deregulation. In September 
1993, the U.S. District Court for the District of Columbia ordered the 
DOT to develop broader guidelines to apply to the air carriers, which 
may result in a finding of job losses due to deregulation. Therefore, 
rulemaking is proceeding on the monetary provisions of the employee 
protection provisions.

Timetable:
_______________________________________________________________________

Action                            Date                      FR Cite

_______________________________________________________________________

NPRM                            06/00/95
NPRM Comment Period End         08/00/95
Final Action                    02/00/96

Small Entities Affected: None

Government Levels Affected: State, Local, Federal

Agency Contact: Sandra T. King, Chief, Division of Program Development 
and Implementation, Department of Labor, Employment and Training 
Administration, 200 Constitution Avenue NW., Room C4514, FP Bldg., 
Washington, DC 20210, 202 219-5309

RIN: 1205-AA07
______________________________________________________________________




______________________________________________________________________

DEPARTMENT OF LABOR (DOL)                          Proposed Rule Stage
Employment and Training Administration (ETA)
______________________________________________________________________

2078. JOB TRAINING PARTNERSHIP ACT: INDIAN AND NATIVE AMERICAN 
PROGRAMS

Priority:  Other Significant

Legal Authority:  Title IV, sec 401 of the JTPA

CFR Citation:  20 CFR 632; 20 CFR 636

Legal Deadline: None

Abstract: The purpose of title IV, section 401 of the Job Training 
Partnership Act is to provide job training and employment activities to 
Indians and other Native Americans. Such programs shall be administered 
in such a manner as to maximize the Federal commitment to support 
growth and development as determined by representatives for the 
communities and groups served by this section, including furtherance of 
the policy of Indian Self-Determination.

Timetable:
_______________________________________________________________________

Action                            Date                      FR Cite

_______________________________________________________________________

NPRM                            04/00/95                [[Page 23553]] 
NPRM Comment Period End         05/00/95
Final Action                    06/00/95

Small Entities Affected: Undetermined

Government Levels Affected: Tribal

Agency Contact: Paul A. Mayrand, Director, Office of Special Targeted 
Program, Department of Labor, Employment and Training Administration, 
200 Constitution Avenue NW., Room N4641, FP Building, Washington, DC 
20210, 202 219-5500

RIN: 1205-AA96
______________________________________________________________________




______________________________________________________________________

DEPARTMENT OF LABOR (DOL)                          Proposed Rule Stage
Employment and Training Administration (ETA)
______________________________________________________________________

2079. JOB TRAINING PARTNERSHIP ACT: MIGRANT AND SEASONAL FARMWORKER 
PROGRAMS

Priority:  Other Significant

Legal Authority:  Title IV, sec 402 of the JTPA

CFR Citation:  20 CFR 633; 20 CFR 636

Legal Deadline: None

Abstract: It is the purpose of title IV, section 402, of the Job 
Training Partnership Act to provide job training, employment 
opportunities, and other services for those individuals who suffer 
chronic seasonal unemployment and underemployment in the agriculture 
industry. These conditions have been substantially aggravated by 
continual advancements in technology and mechanization, resulting in 
displacement, and contribute significantly to the Nation's rural 
employment problem. This problem is Federal in scope. No alternative 
solutions are under consideration at this time. Benefits include fuller 
rural employment. Over $80 million is appropriated annually by Congress 
for this program. This rule would implement changes made by the 1992 
amendments to JTPA.

Timetable:
_______________________________________________________________________

Action                            Date                      FR Cite

_______________________________________________________________________

NPRM                            05/00/95
Final Action                    09/00/96

Small Entities Affected: None

Government Levels Affected: None

Agency Contact: Paul A. Mayrand, Office of Special Targeted Programs, 
Department of Labor, Employment and Training Administration, 200 
Constitution Avenue NW., Room N4641, FP Building, Washington, DC 20210, 
202 219-5500

RIN: 1205-AA99
______________________________________________________________________




______________________________________________________________________

DEPARTMENT OF LABOR (DOL)                          Proposed Rule Stage
Employment and Training Administration (ETA)
______________________________________________________________________

2080. FEDERAL-STATE UNEMPLOYMENT COMPENSATION PROGRAM; UNEMPLOYMENT 
INSURANCE REVENUE QUALITY CONTROL PROGRAM

Priority:  Substantive, Nonsignificant

Legal Authority:  42 USC 1302

CFR Citation:  20 CFR 602

Legal Deadline: None

Abstract: The regulation will provide explicit authority for the 
Revenue Quality Control (RQC) program to assess the quality of State 
unemployment compensation tax program operations, including the extent 
to which employers comply with the laws regarding the reporting and 
payment of unemployment insurance taxes (contributions) due. The 
alternatives considered were to implement the program under existing 
nonregulatory authority or to allow the States to develop such programs 
voluntarily. The cost of the program is the one or two staff years per 
State needed to conduct the RQC assessments, plus some time to program 
new data items. The benefits are more effective and efficient tax 
operations and better service to the system's customers, in this case 
the employer community. These benefits accrue as better performance 
information is developed for both States and Federal staff, leading to 
improved operations.

Timetable:
_______________________________________________________________________

Action                            Date                      FR Cite

_______________________________________________________________________

NPRM                            10/00/95
Final Action                    10/00/96

Small Entities Affected: None

Government Levels Affected: State

Agency Contact: Burman Skrable, Operations Research Analyst, Department 
of Labor, Employment and Training Administration, 200 Constitution 
Avenue NW., Room S4015, FP Building, Washington, DC 20210, 202 219-5220

RIN: 1205-AB00
______________________________________________________________________




______________________________________________________________________

DEPARTMENT OF LABOR (DOL)                          Proposed Rule Stage
Employment and Training Administration (ETA)
______________________________________________________________________


2081. AMENDMENTS TO THE LABOR CERTIFICATION PROCESS FOR TEMPORARY 
AGRICULTURAL EMPLOYMENT IN THE UNITED STATES (H-2A)

Priority:  Other Significant

Legal Authority:  8 USC 1101(a)(H)(ii)(a); 8 USC 1184(c)

CFR Citation:  20 CFR 655 subpart B

Legal Deadline: None

Abstract: Based on six years of experience with the current 
regulations, the Department has concluded that they should be amended 
to clarify a number of regulatory provisions to simplify the 
administration of the program, and to provide additional protection to 
U.S. workers.

Timetable:
_______________________________________________________________________

Action                            Date                      FR Cite

_______________________________________________________________________

NPRM                            06/00/95
NPRM Comment Period End         07/00/95
Final Action                    12/00/95

Small Entities Affected: None

Government Levels Affected: State, Federal

Agency Contact: Flora Richardson, Director, Division of Foreign Labor 
Certification, Department of Labor, Employment and Training 
Administration, 200 Constitution Avenue NW., Room N4456, FP Building, 
Washington, DC 20210, 202 219-4369

RIN: 1205-AB09


[[Page 23554]] 
______________________________________________________________________

DEPARTMENT OF LABOR (DOL)                             Final Rule Stage
Employment and Training Administration (ETA)
______________________________________________________________________

2082. SENIOR COMMUNITY SERVICE EMPLOYMENT PROGRAM

Priority:  Other Significant

Legal Authority:  42 USC 301 Older Americans Act of 1965; PL 102-375

CFR Citation:  20 CFR 641; 29 CFR 89

Legal Deadline: None

Abstract: The proposed regulation will implement the Older Americans 
Act Amendments of 1984, 1987, and 1992, and make clarifying changes. 
This regulation will provide administrative and programmatic guidance 
and requirements for the implementation of the Senior Community Service 
Employment Service.

Timetable:
_______________________________________________________________________

Action                            Date                      FR Cite

_______________________________________________________________________

NPRM                            07/19/85                    50 FR 29606
NPRM Comment Period End         08/27/85                    50 FR 34725
Second NPRM                     04/26/94                    59 FR 21874
Second NPRM Comment Period Ends 
5/26/94                         04/26/94                    59 FR 21874
Final Action                    05/00/95

Small Entities Affected: None

Government Levels Affected: State, Federal

Agency Contact: Paul A. Mayrand, Director, Office of Special Targeted 
Programs, Department of Labor, Employment and Training Administration, 
200 Constitution Avenue NW., Room N4641, FP Bldg., Washington, DC 
20210, 202 219-5500

RIN: 1205-AA29
______________________________________________________________________



______________________________________________________________________

DEPARTMENT OF LABOR (DOL)                             Final Rule Stage
Employment and Training Administration (ETA)
______________________________________________________________________

2083. JOB CORPS ALLOWANCES AND ALLOTMENTS

Priority:  Informational

Legal Authority:  29 USC 1579(a)

CFR Citation:  20 CFR 638

Legal Deadline: None

Abstract: Job Corps is devising a new pay and allotment system which 
will provide students with enough money to meet their basic needs, 
while adding greater incentives than are available in the current 
system to encourage retention, performance, program completion and 
length of enrollment. Payroll will be conducted biweekly versus the 
current twice monthly procedures.

Timetable:
_______________________________________________________________________

Action                            Date                      FR Cite

_______________________________________________________________________

NPRM                            11/01/94                    59 FR 54539
NPRM Comment Period End         12/01/94
Final Action                    06/00/95

Small Entities Affected: None

Government Levels Affected: None

Agency Contact: Dana Davidson Johnson, Budget Analyst, Department of 
Labor, Employment and Training Administration, 200 Constitution Avenue 
NW., Room N4656, FP Building, Washington, DC 20210, 202 219-6568

RIN: 1205-AA98
______________________________________________________________________



______________________________________________________________________

DEPARTMENT OF LABOR (DOL)                             Final Rule Stage
Employment and Training Administration (ETA)
______________________________________________________________________

2084. DISASTER UNEMPLOYMENT ASSISTANCE PROGRAM, AMENDMENT TO 
REGULATIONS

Priority:  Other Significant

Legal Authority:  42 USC 1302; 42 USC 5177; EO 12673

CFR Citation:  20 CFR 625

Legal Deadline: None

Abstract: Experience in several recent disasters has highlighted the 
complexity and time-consuming nature of the monetary benefit provisions 
of the current regulations and brought into question other provisions 
of the current regulations which are perceived to be unduly restrictive 
and/or result in perceived inequities in some disaster situations. 
These issues will be addressed in two stages. First, an ANPRM was 
published, with a 60-day comment period, on 12/08/94 at 59 FR 63670. 
This ANPRM outlined provisions in the Disaster Unemployment Assistance 
(DUA) program regulations (20 CFR Part 625), other than the monetary 
benefit provisions, that have come into question and solicits public 
comment and suggestions relative to these provisions and on other 
provisions for review and potential revision in a future NPRM. Second, 
an interim final rule will be published with a 60-day comment period to 
simplify the monetary benefit provisions. This rule will eliminate 
cumbersome individual and agency administrative provisions, remove 
inconsistencies in the establishment of DUA weekly amounts, and 
simplify the formula to establish DUA weekly amounts so as to benefit 
disaster impacted individuals.

Timetable:
_______________________________________________________________________

Action                            Date                      FR Cite

_______________________________________________________________________

ANPRM                           12/08/94                    59 FR 63670
ANPRM Comment Period End        02/06/95
Interim Final Rule Monetary 
Provisions                      04/00/95
NPRM                            06/00/95
NPRM Comment Period End         08/00/95
Final Monetary Provisions       09/00/95
Final Action                    02/00/96

Small Entities Affected: Governmental Jurisdictions

Government Levels Affected: State, Federal

Agency Contact: Robert Gillham, Chief, Federal Programs Group, 
Department of Labor, Employment and Training Administration, 200 
Constitution Avenue NW., Washington, DC 20210, 202 219-5312

RIN: 1205-AB02
______________________________________________________________________



______________________________________________________________________

DEPARTMENT OF LABOR (DOL)                             Final Rule Stage
Employment and Training Administration (ETA)
______________________________________________________________________

2085. ATTESTATIONS BY EMPLOYERS USING ALIEN CREWMEMBERS FOR 
LONGSHORE ACTIVITIES IN U.S. PORTS, THE ALASKA EXCEPTION

Priority:  Other Significant

Legal Authority:  PL 103-98, sec 8; PL 103-206, sec 323

CFR Citation:  29 CFR 655 subparts F and G; 29 CFR 506 subparts F and G

Legal Deadline: None

Abstract: This proposed rule is necessary because of amendments to 
section 258 of the Immigration and Nationality Act. Section 258 
establishes a general prohibition on the prohibition of longshore work 
by alien crewmen. The amendment of section 258 establishes an ``Alaska 
exception'' whereby employees in Alaska would be permitted to use an 
alien crewmen after: (1) requesting a dispatch of U.S. longshoremen 
from qualified stevedoring companies and private dock operators; and 
(2) determining that U.S. longshore workers are not available in 
sufficient numbers from those resources in response to a request for 
dispatch.

Timetable:
_______________________________________________________________________

Action                            Date                      FR Cite

_______________________________________________________________________

Interim Final Rule              01/19/95                     60 FR 3920
Final Action                    06/00/95                [[Page 23555]] 

Small Entities Affected: None

Government Levels Affected: Federal

Agency Contact: John M. Robinson, Deputy Assistant Secretary, U.S. 
Employment Service, Department of Labor, Employment and Training 
Administration, 200 Constitution Avenue NW., Room N4470, FP Building, 
Washington, DC 20210, 202 219-5257

RIN: 1205-AB03
______________________________________________________________________



______________________________________________________________________

DEPARTMENT OF LABOR (DOL)                             Final Rule Stage
Employment and Training Administration (ETA)
______________________________________________________________________

2086. TRADE ADJUSTMENT ASSISTANCE FOR WORKERS--IMPLEMENTATION OF 
1988 AMENDMENTS

Priority:  Other Significant

Legal Authority:  19 USC 2320

CFR Citation:  20 CFR 617

Legal Deadline: None

Abstract: The final rule implementing the 1988 Amendments to the TAA 
program was published in the Federal Register on January 6, 1994. 
Although published as final, comments were requested on several 
material changes, being made in the final rule which differ from the 
November 1988 proposed rule and on a number of other changes which were 
not included in the proposed rule. Comments have been received and 
another final rule will be published relating to these substantive 
changes.

Timetable:
_______________________________________________________________________

Action                            Date                      FR Cite

_______________________________________________________________________

Final Action                    12/00/95

Small Entities Affected: None

Government Levels Affected: None

Agency Contact: Victor Trunzo, Chief, BDAS, Office of Trade Adjustment 
Assistance, Department of Labor, Employment and Training 
Administration, 200 Constitution Avenue NW., Room C4318, FP Building, 
Washington, DC 20210, 202 219-5555

RIN: 1205-AB05
______________________________________________________________________



______________________________________________________________________

DEPARTMENT OF LABOR (DOL)                             Final Rule Stage
Employment and Training Administration (ETA)
______________________________________________________________________


2087. TRADE ADJUSTMENT ASSISTANCE FOR WORKERS--TRANSITIONAL 
ADJUSTMENT ASSISTANCE NAFTA-TAA

Priority:  Regulatory Plan

Legal Authority:  PL 103-182 title V

CFR Citation:  20 CFR 617

Legal Deadline:  Final, Statutory, January 1, 1995.
Final regulation to be issued to the maximum extent feasible by 1/1/95.

Abstract: Title V of the North American Free Trade Agreement 
Implementation Act (PL 103-182) amends Chapter 2 of Title II of the 
Trade Act of 1974 by adding a new Transitional Adjustment Assistance 
Program (NAFTA-TAA) for workers who lose their jobs because of 
increased imports from or a shift of production to Mexico and Canada. 
Most of the provisions of Title V are in the form of amendments to 
Chapter 2, Title II, of the Trade Act. While some of the provisions are 
not in the form of amendments to the Trade Act, they nonetheless must 
be given effect in implementing the NAFTA-TAA program. A proposed rule 
to amend the regulations on the trade adjustment assistance program for 
workers was published in the Federal Register on January 17, 1995. 
Comments on this proposed rule are requested before March 20, 1995.

Statement of Need: The North American Free Trade Agreement will expand 
trade between the U.S., Mexico and Canada. U.S. companies will be able 
to increase their exports and create new jobs. Mexico and Canada will 
also be able to do this; so in certain industries some U.S. workers may 
lose their jobs. It is important that these U.S. workers get assistance 
in finding new jobs, including obtaining training, if necessary.
The proposed regulations are required to establish clear rules, 
procedures and guidelines for the Department, for the States and State 
agencies that serve as agents of the United States, in carrying out 
their responsibilities under the NAFTA-TAA program. This will assure 
that workers who lost their jobs due to NAFTA will receive the 
adjustment assistance they need.

Summary of the Legal Basis: Title V of the North American Free Trade 
Agreement Implementation Act (Pub. L. 103-182 enacted December 8, 1993) 
amends Chapter 2 of Title II of the Trade Act of 1974, by adding a new 
Transitional Adjustment Assistance Program (NAFTA-TAA) for workers who 
lose their jobs because of increased imports from or a shift of 
production to Mexico or Canada.

Anticipated Costs and Benefits: A cost benefit analysis was not 
conducted. The regulation codifies procedures and responsibilities 
stipulated by the NAFTA implementing legislation.

Timetable:
_______________________________________________________________________

Action                            Date                      FR Cite

_______________________________________________________________________

NPRM                            01/17/95                     60 FR 3472
NPRM Comment Period End         03/20/95                     60 FR 3472
Final Action                    12/00/95

Small Entities Affected: None

Government Levels Affected: None

Agency Contact: Victor Trunzo, Chief, BDAS, Office of Trade Adjustment 
Assistance, Department of Labor, Employment and Training 
Administration, 200 Constitution Avenue NW., Room C4318, FP Building, 
Washington, DC 20210, 202 219-5555

RIN: 1205-AB07



______________________________________________________________________

DEPARTMENT OF LABOR (DOL)                   Completed/Longterm Actions
Employment and Training Administration (ETA)
______________________________________________________________________

2088. LABOR CERTIFICATION PROCESS FOR THE PERMANENT EMPLOYMENT OF 
ALIENS IN THE UNITED STATES

Legal Authority:  INA 212(a)(5)(A)

CFR Citation:  20 CFR 656

Legal Deadline: None

Abstract: Before the Department of State (DOS) and the Immigration and 
Naturalization Service (INS) may issue visas and admit certain 
immigrant aliens to work permanently in the United States, the 
Secretary of Labor pursuant to Section 212(a)(5)(A) of the Immigration 
and Naturalization Act (INA) must certify to the Secretary of State and 
to the Attorney General that: (a) There are not sufficient United 
States workers who are able, willing, qualified and available at the 
time of [[Page 23556]] the application for a visa and admission into 
the United States and at the place where the alien is to perform work; 
and (b) the employment of the alien will not adversely affect the wages 
and working conditions of similarly employed U.S. workers (8 USC 
1182(a)(5)(A). The Department of Labor (DOL) has promulgated 
regulations at 20 CFR Part 656 pursuant to and to implement section 
212(a)(5)(A) INA 212(a)(5)(A)). These regulations set forth the fact 
finding process designed to support the granting or denial of a 
permanent labor certification. Experience in (cont)

Timetable:
_______________________________________________________________________

Action                            Date                      FR Cite

_______________________________________________________________________

Withdrawn                       03/15/95

Small Entities Affected: None

Government Levels Affected: None

Additional Information: ABSTRACT CONT: administering the regulations to 
the certification of immigrant aliens for permanent employment in the 
United States indicates that a number of changes should be made to 
these regulations to make labor certification process more efficient 
and clarify ambiguities in the present regulations.

Agency Contact: John M. Robinson, Deputy Assistant Secretary, U.S. 
Employment Service, Department of Labor, Employment and Training 
Administration, 200 Constitution Avenue NW., Room N4470, FP Building, 
Washington, DC 20210, 202 219-5257

RIN: 1205-AA66
______________________________________________________________________




______________________________________________________________________

DEPARTMENT OF LABOR (DOL)                   Completed/Longterm Actions
Employment and Training Administration (ETA)
______________________________________________________________________

2089. PERMANENT LABOR CERTIFICATION PROGRAM: PILOT LABOR MARKET 
INFORMATION PROVISIONS

Legal Authority:  PL 101-649

CFR Citation:  20 CFR 656

Legal Deadline:  NPRM, Statutory, October 1, 1991. Final, Statutory, 
April 1, 1992. Other, Statutory, September 30, 1994.
The law becomes effective on October 1, 1991, and is effective until 
September 30, 1994.

Abstract: This rule is necessary to implement section 122 of Public Law 
101-649, the Immigration Act of 1990. This section requires the 
Secretary of Labor to establish a pilot which provides for a 
determination of labor shortages or surpluses in up to 10 occupational 
classifications. The occupation may then be used in lieu of an 
individual, case-by-case labor certification. The pilot program is 
effective during the 3-fiscal year period beginning with FY 92.

Timetable:
_______________________________________________________________________

Action                            Date                      FR Cite

_______________________________________________________________________

NPRM                            03/19/93                    58 FR 15242
NPRM Comment Period End         04/19/93
Withdrawn - P. L. 10-416 deleted 
labor market info program       03/31/95

Small Entities Affected: None

Government Levels Affected: None

Agency Contact: John M. Robinson, Deputy Assistant Secretary, U.S. 
Employment Service, Department of Labor, Employment and Training 
Administration, 200 Constitution Avenue NW., Room N4470, FP Building, 
Washington, DC 20210, 202 219-5257

RIN: 1205-AA87
______________________________________________________________________




______________________________________________________________________

DEPARTMENT OF LABOR (DOL)                   Completed/Longterm Actions
Employment and Training Administration (ETA)
______________________________________________________________________

2090. APPLICATIONS AND REQUIREMENTS FOR EMPLOYERS USING ALIENS IN 
SPECIALTY OCCUPATIONS AND AS FASHION MODELS (H-1B)

Legal Authority:  PL 101-649, Sec 205; PL 102-232

CFR Citation:  20 CFR 655; 29 CFR 507

Legal Deadline:  Other, Statutory, October 1, 1991.
Other deadline is for interim final rule.

Abstract: This rule is necessary to implement certain revisions to the 
nonimmigrant H-1B visa category made by Public Law 101-649. The law 
provides that no alien may be admitted or provided status under this 
category unless the petitioning employer attests to the Secretary of 
Labor that the employer is offering prevailing wages and working 
conditions and that there is not a strike or lockout in the course of a 
labor dispute in the occupational classification at the place of 
employment. The law also directs the employer to notify the bargaining 
representative at the place of employment of the filing of an H-1B 
petition. If there is no bargaining representative, the employer must 
post a notice in conspicuous locations at the place of employment. The 
law provides a procedure for any aggrieved person or organization to 
challenge the employer's attestation.

Timetable:
_______________________________________________________________________

Action                            Date                      FR Cite

_______________________________________________________________________

NPRM                            08/05/91                    56 FR 37175
NPRM Comment Period End         09/04/91                    56 FR 37175
Interim Final Rule              01/13/92                     57 FR 1316
Second NPRM                     10/06/93                    58 FR 52152
Second NPRM Comment Period Ends 11/05/93                    58 FR 52152
Final Action                    12/20/94                    59 FR 65646
Final Action Effective          01/19/95

Small Entities Affected: Businesses

Government Levels Affected: Federal

Agency Contact: John M. Robinson, Deputy Assistant Secretary, U.S. 
Employment Service, Department of Labor, Employment and Training 
Administration, 200 Constitution Avenue NW., Room N4470, FP Building, 
Washington, DC 20210, 202 219-5257

RIN: 1205-AA89
______________________________________________________________________




______________________________________________________________________

DEPARTMENT OF LABOR (DOL)                   Completed/Longterm Actions
Employment and Training Administration (ETA)
______________________________________________________________________

2091. TRADE ADJUSTMENT ASSISTANCE--UNIFORM INTERPRETATION AND 
ENFORCEMENT (LOPEZ PROVISIONS)

Legal Authority:  19 USC 2320

CFR Citation:  20 CFR 617.52

Legal Deadline: None

Abstract: State agencies serve as agents of the United States for 
administering the benefit and service provisions of the TAA program. 
Because of identified needs to revise present processes at Section 
617.52 for dealing with State agency determinations, redeterminations 
or decisions on appeal, the Department is proposing substantial 
changes.

Timetable:
_______________________________________________________________________

Action                            Date                      FR Cite

_______________________________________________________________________

Withdrawn                       03/15/95

Small Entities Affected: None

Government Levels Affected: None

Agency Contact: Victor Trunzo, Chief, BDAS, Office of Trade Adjustment 
Assistance, Department of Labor, Employment and Training 
Administration, 200 Constitution Avenue NW., Room C4318, FP Building, 
Washington, DC 20210, 202 219-5555

RIN: 1205-AB06


______________________________________________________________________



______________________________________________________________________

DEPARTMENT OF LABOR (DOL)                   Completed/Longterm Actions
Employment and Training Administration (ETA)
______________________________________________________________________


[[Page 23557]]
2092. TRADE ADJUSTMENT ASSISTANCE--ADMINISTRATIVE REQUIREMENTS

Legal Authority:  19 USC 2320

CFR Citation:  20 CFR 617.60

Legal Deadline: None

Abstract: A final rule implementing the 1988 Amendments to the TAA 
program was published in the Federal Register on January 6, 1994 with 
Section 617.60 reserved for use when revised TAA Administrative 
requirements are completed. A new Section 617.60 was included in the 
proposed rule published on November 30, 1988 for comment. No comments 
were received but it was determined that further work was required to 
bring the TAA Administrative requirements into full conformity with the 
other regulations.

Timetable:
_______________________________________________________________________

Action                            Date                      FR Cite

_______________________________________________________________________

Withdrawn                       03/15/95

Small Entities Affected: None

Government Levels Affected: None

Agency Contact: Victor Trunzo, Chief, BDAS, Office of Trade Adjustment 
Assistance, Department of Labor, Employment and Training 
Administration, 200 Constitution Avenue NW., Room C4318, FP Building, 
Washington, DC 20210, 202 219-5555

RIN: 1205-AB08



______________________________________________________________________

DEPARTMENT OF LABOR (DOL)                                Prerule Stage
Pension and Welfare Benefits Administration (PWBA)
______________________________________________________________________


2093. REPORTING AND DISCLOSURE UNDER THE EMPLOYEE RETIREMENT INCOME 
SECURITY ACT OF 1974

Priority:  Regulatory Plan

Legal Authority:  29 USC 1135; 29 USC 1029; 29 USC 1143; 29 USC 1021; 
29 USC 1022; 29 USC 1024; 29 USC 1025; 29 USC 1059

CFR Citation:  29 CFR 2520

Legal Deadline: None

Abstract: The Department is undertaking a comprehensive review of the 
current reporting and disclosure requirements to ensure that the 
Department, participants and beneficiaries are provided meaningful 
information and that such requirements take into account technological 
developments that result in more effective and timely communication of 
benefit and plan information. As an initial step in this review, the 
Department solicited comments, recommendations and information from the 
public concerning the current disclosure requirements and changes 
thereto, taking into account the experience of the past 20 years and 
changes in communication techniques and types of plans. The public 
input received in response to this solicitation will enable the 
Department to review the current disclosure framework and to develop 
meaningful proposals for changes based on up-to-date information 
concerning current plan practices.

Statement of Need: Since ERISA's enactment 20 years ago there have been 
few modifications to ERISA's reporting and disclosure provisions. 
Similarly, there have been few changes over the past 10 to 15 years in 
the Department's regulations implementing ERISA's reporting and 
disclosure provisions. During this same period, however, there have 
been dramatic changes in the employee benefit plan area and in the way 
information is communicated. As a result of these and other changes, 
questions have been raised with respect to the adequacy and timeliness 
of the information required to be disclosed to participants and 
beneficiaries. Similar questions have been raised concerning the 
information required to be filed with the Department of Labor. To 
address these issues, the Department has determined that it is 
appropriate to conduct a comprehensive review of ERISA's reporting and 
disclosure scheme and, on the basis of that review, propose regulatory 
and/or legislative changes necessary to address identified 
deficiencies.
To assist the Department in its review, the Department published a 
notice in the Federal Register (58 FR 68339, December 27, 1993) 
soliciting public comment on ERISA's provisions and the Department's 
regulations relating to the summary plan description, summary annual 
report and individual benefit reports. The Department is currently 
considering the comments received in response to this Federal Register 
notice.
However, because of the interrelationship of the information disclosed 
to participants and beneficiaries with that information required to be 
filed with the Department of Labor, the Department is expanding its 
review to include ERISA's reporting provisions, including a review of 
the Form 5500 Annual Return/Report Series, which is filed annually by 
an estimated 750,000 employee benefit plans. The Form 5500 Series is a 
joint Department of Labor, Internal Revenue Service and Pension Benefit 
Guaranty Corporation form and serves as the principal source of 
financial information and data available to the Agencies, and 
participants and beneficiaries, concerning the operations of employee 
benefit plans. This review will be coordinated with the Internal 
Revenue Service and the Pension Benefit Guaranty Corporation.

Summary of the Legal Basis: Title I of ERISA imposes specific reporting 
and disclosure obligations on administrators of employee benefit plans. 
It also provides the Secretary with the authority to prescribe 
exemptions and alternative methods of compliance for employee welfare 
benefit plans and employee pension benefit plans and to prescribe 
regulations necessary or appropriate to carry out the provisions of 
Title I of ERISA.

Alternatives: ERISA is more prescriptive than most legislation in the 
degree of specificity of reporting requirements explicitly set forth in 
the statute. In developing changes, therefore, the Department will be 
considering changes in the statute which may permit greater flexibility 
in changing reporting requirements over time as the nature of plans 
change. The Department will also focus on regulatory changes that will 
result in more valuable information for beneficiaries and participants, 
while minimizing the burden and cost to administrators. These 
considerations will include the content, form and frequency of 
information provided. [[Page 23558]] 

Anticipated Costs and Benefits: It is not yet known what capital or 
annual costs may result from modifications to the current reporting and 
disclosure framework. In developing its regulatory proposal, it is the 
goal of the Department to strike a balance between benefits and costs 
by ensuring the provision of useful and timely information to 
participants, beneficiaries and the Department, while minimizing any 
costs and burdens to administrators that may result from such changes.

Risks: ERISA's reporting and disclosure framework is intended to assure 
that employee benefit plans are operated and managed in accordance with 
prescribed minimum standards and that participants and beneficiaries, 
as well as regulators, are provided or have access to sufficient 
information to protect their rights and benefits under employee benefit 
plans. Enhanced reporting and disclosure, through regulatory or 
statutory changes, should serve to mitigate risks of benefit losses by 
participants and beneficiaries, as well as facilitate compliance by 
plan administrators, thereby reducing litigation and penalty risks to 
plan administrators, fiduciaries and sponsors.

Timetable:
_______________________________________________________________________

Action                            Date                      FR Cite

_______________________________________________________________________

ANPRM                           12/27/93                    58 FR 68339
ANPRM Comment Period End        02/25/94
End Review                      06/00/95

Small Entities Affected: Undetermined

Government Levels Affected: Undetermined

Agency Contact: Rudy Nuissl, Supervisory Pension Law Specialist, 
Department of Labor, Pension and Welfare Benefits Administration, 200 
Constitution Avenue NW., Room N5669, FP Building, Washington, DC 20210, 
202 219-7901

RIN: 1210-AA44



______________________________________________________________________

DEPARTMENT OF LABOR (DOL)                          Proposed Rule Stage
Pension and Welfare Benefits Administration (PWBA)
______________________________________________________________________

2094. QUALIFIED DOMESTIC RELATIONS ORDERS

Priority:  Substantive, Nonsignificant

Legal Authority:  29 USC 1056(d)(3)(L); 29 USC 1135

CFR Citation:  29 CFR 2530

Legal Deadline: None

Abstract: This regulation would clarify the application of the 
qualified domestic relations order provisions of section 206(d)(3) of 
ERISA and related provisions contained in section 414(p) of the 
Internal Revenue Code which were added by the Retirement Equity Act of 
1984.

Timetable:
_______________________________________________________________________

Action                            Date                      FR Cite

_______________________________________________________________________

ANPRM                           10/21/93                    58 FR 54444
Extension of Comment Period     01/12/94                     58 FR 1692
ANPRM Comment Period End        02/18/94
NPRM                            12/00/95

Small Entities Affected: Undetermined

Government Levels Affected: Undetermined

Additional Information: PWBA is currently reviewing the public comments 
received in response to the ANPRM in order to assess the need for and 
possible scope of a regulation relating to QDROs.

Agency Contact: Rudy Nuissl, Supervisory Pension Law Specialist, 
Department of Labor, Pension and Welfare Benefits Administration, 200 
Constitution Ave. NW., Rm N5669, FP Bldg., Washington, DC 20210, 202 
219-7901

RIN: 1210-AA19
______________________________________________________________________




______________________________________________________________________

DEPARTMENT OF LABOR (DOL)                          Proposed Rule Stage
Pension and Welfare Benefits Administration (PWBA)
______________________________________________________________________


2095. DEFINITION OF COLLECTIVE BARGAINING AGREEMENT (ERISA SECTION 
3(40))

Priority:  Other Significant

Legal Authority:  29 USC 1002(40)

CFR Citation:  29 CFR 2510.3-40

Legal Deadline: None

Abstract: The regulation will establish standards for determining 
whether an employee benefit plan is established or maintained pursuant 
to one or more collective bargaining agreements for purposes of their 
exclusion from the Multiple Employer Welfare Arrangement (MEWA) 
definition in section 3(40) of ERISA, and thus exempted from state 
regulation. The regulation will clarify the scope of the exception from 
the MEWA definition for plans maintained under or pursuant to one or 
more collective bargaining agreements by providing criteria which will 
serve to distinguish health benefit arrangements which are maintained 
by legitimate unions pursuant to bona fide collective bargaining 
agreements from health insurance arrangements promoted and marketed 
under the guise of ERISA-covered plans exempt from state insurance 
regulation. The regulation will also serve to limit the extent to which 
health plans maintained pursuant to bona fide collective bargaining 
agreements may extend plan coverage to individuals not covered by such 
agreements.

Timetable:
_______________________________________________________________________

Action                            Date                      FR Cite

_______________________________________________________________________

NPRM                            06/00/95

Small Entities Affected: Undetermined

Government Levels Affected: Undetermined

Agency Contact: Mark Connor, Pension Law Specialist, Department of 
Labor, Pension and Welfare Benefits Administration, 200 Constitution 
Avenue NW., Room N-5669, FP Building, Washington, DC 20210, 202 219-
8671

RIN: 1210-AA48


[[Page 23559]] 
______________________________________________________________________

DEPARTMENT OF LABOR (DOL)                             Final Rule Stage
Pension and Welfare Benefits Administration (PWBA)
______________________________________________________________________

2096.  DELINQUENT FILER VOLUNTARY COMPLIANCE PROGRAM

Priority:  Other Significant

Legal Authority:  29 USC 502(c)(2)

CFR Citation:  29 CFR 2560; 29 CFR 2570

Legal Deadline: None

Abstract: Section 502(c)(2) of ERISA provides the Secretary of Labor 
with the authority to assess civil penalties of up to $1,000 a day 
against plan administrators who fail or refuse to file complete and 
timely annual reports (Form 5500 Series Annual Return/Reports) as 
required under section 101(b)(4) of ERISA and the Secretary's 
regulations. PWBA has maintained a program for the assessment of civil 
penalties for noncompliance with the annual reporting requirements. 
Under this program, plan administrators filing late annual reports may 
be assessed $50 per day for each day an annual report is filed after 
the date on which the annual report(s) was required to be filed, 
without regard to any extensions for filing. Plan administrators who 
fail to file an annual report may be assessed a penalty of $300 per 
day, up to $30,000 per year, until a complete annual report is filed. 
The Department may, in its discretion, waive all or part of the 
assessment of these civil penalties upon a showing by the administrator 
that there was reasonable cause for the failure to file a complete and 
timely annual report. The implementation of a Delinquent Filer 
Voluntary Compliance Program, under which administrators otherwise 
subject to the assessment of higher civil penalties will be permitted 
to pay reduced civil penalties for voluntary complying with the annual 
reporting requirements under Title I of ERISA, would encourage 
reporting compliance.

Timetable:
_______________________________________________________________________

Action                            Date                      FR Cite

_______________________________________________________________________

Final Action                    05/00/95

Small Entities Affected: None

Government Levels Affected: None

Agency Contact: Janet Powell, Senior Pension Investigator, Office of 
the Chief Accountant, Department of Labor, Pension and Welfare Benefits 
Administration, 200 Constitution Avenue NW., Room N5511, FP Building, 
Washington, DC 20210, 202 219-8868

RIN: 1210-AA49
______________________________________________________________________



______________________________________________________________________

DEPARTMENT OF LABOR (DOL)                             Final Rule Stage
Pension and Welfare Benefits Administration (PWBA)
______________________________________________________________________


2097.  INTERPRETIVE BULLETIN ON PARTICIPANT EDUCATION

Priority:  Informational

Legal Authority:  29 USC 1135

CFR Citation:  29 CFR 2509

Legal Deadline: None

Abstract: This interpretive bulletin summarizes the Department of 
Labor's views with respect to the provision of investment education to 
participants under participant-directed individual account plans and 
describes those situations in which educational presentations and 
materials will not be considered investment advice to participants.

Timetable:
_______________________________________________________________________

Action                            Date                      FR Cite

_______________________________________________________________________

Final Action                    08/00/95

Small Entities Affected: None

Government Levels Affected: None

Agency Contact: Sandra Arnold Scham, Pension Law Specialist, Office of 
Regulations and Interpretations, Department of Labor, Pension and 
Welfare Benefits Administration, 200 Constitution Avenue NW., Room 
N5657, FP Building, Washington, DC 20210, 202 219-8671

RIN: 1210-AA50



______________________________________________________________________

DEPARTMENT OF LABOR (DOL)                   Completed/Longterm Actions
Pension and Welfare Benefits Administration (PWBA)
______________________________________________________________________

2098. ADEQUATE CONSIDERATION

Legal Authority:  29 USC 1002(3)(18); 29 USC 1135

CFR Citation:  29 CFR 2510

Legal Deadline: None

Abstract: This regulation would provide guidance as to what constitutes 
``adequate consideration'' under section 3(18) of ERISA for assets 
other than securities for which there is a generally recognized market.

Timetable:
_______________________________________________________________________

Action                            Date                      FR Cite

_______________________________________________________________________

NPRM                            05/17/88                    53 FR 17632
NPRM Comment Period End         07/18/88
Withdrawn                       02/01/95

Small Entities Affected: None

Government Levels Affected: None

Agency Contact: Paul Mannina, Staff Attorney, Plan Benefits Security 
Division, Department of Labor, Pension and Welfare Benefits 
Administration, 200 Constitution Avenue NW., Room N4611, FP Building, 
Washington, DC 20210, 202 219-4592

RIN: 1210-AA15
______________________________________________________________________




______________________________________________________________________

DEPARTMENT OF LABOR (DOL)                   Completed/Longterm Actions
Pension and Welfare Benefits Administration (PWBA)
______________________________________________________________________

2099. TRUST-REPORTING EXEMPTIONS

Legal Authority:  29 USC 1103; 29 USC 1135

CFR Citation:  29 CFR 2550.403b-1

Legal Deadline: None

Abstract: Section 403(a) of ERISA requires that all assets of an 
employee benefit plan be held in trust by one or more trustees pursuant 
to a written trust instrument, except as otherwise provided in section 
403(b). This regulation would provide guidance with respect to 
circumstances under which participant monies paid to or withheld by 
employers in connection with certain welfare plans may not be subject 
to the trust requirement of section 403(a).

Timetable:
_______________________________________________________________________

Action                            Date                      FR Cite

_______________________________________________________________________

Withdrawn                       02/01/95

Small Entities Affected: None

Government Levels Affected: None

Additional Information: Further action on this project is being delayed 
pending the clarification of related health care reform issues.

Agency Contact: David Lurie, Pension Law Specialist, Department of 
Labor, Pension and Welfare Benefits Administration, 200 Constitution 
Ave. [[Page 23560]] NW., Rm N5669, FP Building, Washington, DC 20210, 
202 219-7901

RIN: 1210-AA16
______________________________________________________________________




______________________________________________________________________

DEPARTMENT OF LABOR (DOL)                   Completed/Longterm Actions
Pension and Welfare Benefits Administration (PWBA)
______________________________________________________________________

2100. CIVIL PENALTIES UNDER ERISA SECTION 502(L)

Legal Authority:  29 USC 1132

CFR Citation:  29 CFR 2570.80 (Procedural); 29 CFR 2560.502(l)-l 
(Substantive)

Legal Deadline: None

Abstract: Section 502(l) of ERISA requires the Secretary of Labor to 
assess a civil penalty against a fiduciary who breaches a fiduciary 
duty under, or commits a violation of, part 4 of Title I of ERISA, or 
any other person who knowingly participates in such breach or 
violation. The Department has published an interim rule setting forth 
the procedures for the assessment of penalties under ERISA section 
502(l) and for petitioning the Secretary to exercise his or her 
discretion to waive or reduce the mandated assessment, as well as a 
proposed rule that defines the following pivotal terms contained in 
section 502(1): ``applicable recovery amount,'' ``breach of fiduciary 
responsibility or violation,'' and ``settlement agreement'' or ``court 
order.'' The Department intends to finalize these two regulations.

Timetable:
_______________________________________________________________________

Action                            Date                      FR Cite

_______________________________________________________________________

NPRM                            06/20/90                    55 FR 25284
Interim Final Rule              06/20/90                    55 FR 25284
NPRM Comment Period End         08/20/90                    55 FR 25284
Withdrawn                       02/01/95

Small Entities Affected: None

Government Levels Affected: None

Agency Contact: Vicki Shteir-Dunn, Staff Attorney, Plan Benefits 
Security Division, Department of Labor, Pension and Welfare Benefits 
Administration, 200 Constitution Avenue NW., Room N4611, FP Building, 
Washington, DC 20210, 202 219-8610

RIN: 1210-AA37
______________________________________________________________________




______________________________________________________________________

DEPARTMENT OF LABOR (DOL)                   Completed/Longterm Actions
Pension and Welfare Benefits Administration (PWBA)
______________________________________________________________________

2101. APPLICATION OF ERISA FIDUCIARY STANDARDS TO THE SELECTION OF 
ANNUITY PROVIDERS

Legal Authority:  29 USC 1135

CFR Citation:  29 CFR 2509

Legal Deadline: None

Abstract: Pension plans often purchase annuity contracts for 
participants in connection with the termination of a plan, or as 
participants retire or separate from service with vested benefits. 
Generally, the plan fiduciary intends to transfer liability for 
benefits promised under the plan to the annuity provider. This document 
explains the Department of Labor's view of the legal standard imposed 
by section 404(a)(1)(A) and (B) of the Employee Retirement Income 
Security Act of 1974 (ERISA) on a plan fiduciary's selection of an 
annuity provider. Under this standard, plan fiduciaries choosing to 
purchase annuities have a duty to select the safest available annuity 
provider, unless under the circumstances it would be in the best 
interests of participants and beneficiaries to do otherwise.

Timetable:
_______________________________________________________________________

Action                            Date                      FR Cite

_______________________________________________________________________

ANPRM                           06/21/91                    56 FR 28638
ANPRM Comment Period End        09/19/91                    56 FR 36750
Interpretive Bulletin Effective 
1/1/75                          03/06/95                    60 FR 12328

Small Entities Affected: Undetermined

Government Levels Affected: Undetermined

Agency Contact: William W. Taylor, Counsel for Regulation, PBSD, Office 
of the Solicitor, Department of Labor, Pension and Welfare Benefits 
Administration, 200 Constitution Avenue NW., Room N4611, FP Building, 
Washington, DC 20210, 202 219-4592

RIN: 1210-AA39
______________________________________________________________________




______________________________________________________________________

DEPARTMENT OF LABOR (DOL)                   Completed/Longterm Actions
Pension and Welfare Benefits Administration (PWBA)
______________________________________________________________________


2102. IN-KIND CONTRIBUTIONS TO PENSION PLANS

Legal Authority:  29 USC 1135

CFR Citation:  29 CFR 2509, 94-3

Legal Deadline: None

Abstract: This interpretive bulletin clarifies the views of the 
Department of Labor on issues relating to the decision of the U.S. 
Supreme Court in Comm. of Internal Revenue v. Keystone Consolidated 
Industries (113 S. Ct. 2006, 1993). The decision involved the question 
of whether contributions of unencumbered real properties to a tax-
qualified pension plan are prohibited under ERISA.

Timetable:
_______________________________________________________________________

Action                            Date                      FR Cite

_______________________________________________________________________

Interpretive Bulletin 94-3 
Effective 1/1/75                12/28/94                    59 FR 66735

Small Entities Affected: Businesses, Organizations

Government Levels Affected: Undetermined

Agency Contact: Rudy Nuissl, Supervisory Pension Law Specialist, 
Department of Labor, Pension and Welfare Benefits Administration, 200 
Constitution Avenue NW., Room N5669, FP Building, Washington, DC 20210, 
202 219-7901

RIN: 1210-AA45



______________________________________________________________________

DEPARTMENT OF LABOR (DOL)                          Proposed Rule Stage
Office of the American Workplace (OAW)
______________________________________________________________________

2103. ELIGIBILITY REQUIREMENTS FOR CANDIDACY FOR UNION OFFICE

Priority:  Substantive, Nonsignificant

Legal Authority:  29 USC 481; 29 USC 482

CFR Citation:  29 CFR 452.38

Legal Deadline: None

Abstract: An ANPRM has been issued soliciting comments concerning how 
the Department's regulation on the reasonableness of a union's meeting 
attendance requirement for union officer candidacy can be amended to 
conform to the decision of the D.C. Circuit in Doyle v. Brock, 821 F.2d 
788 (1987). 29 CFR 452.38 currently provides that the reasonableness of 
a union rule requiring candidates to have attended a specified number 
of membership meetings during the period immediately preceding the 
election must be gauged in the light of all the circumstances of the 
particular case, including the impact of the rule (i.e., the number or 
percentage or members [[Page 23561]] disqualified by its application). 
In Doyle, the court found that the Secretary was arbitrary and 
capricious in not bringing litigation against a local in connection 
with its meeting attendance requirement that disqualified 97 percent of 
the membership. The court found that the impact of the rule was 
sufficient to make it unreasonable without regard to any other 
circumstances.

Timetable:
_______________________________________________________________________

Action                            Date                      FR Cite

_______________________________________________________________________

ANPRM                           06/15/94                    59 FR 30834
ANPRM Comment Period End        08/15/94
NPRM                            04/00/95

Small Entities Affected: None

Government Levels Affected: None

Agency Contact: Kay H. Oshel, Chief, Division of Interpretations and 
Standards, Department of Labor, Office of the American Workplace, 200 
Constitution Avenue NW., Room N5605, FP Building, Washington, DC 20210, 
202 219-7373

RIN: 1294-AA09
______________________________________________________________________




______________________________________________________________________

DEPARTMENT OF LABOR (DOL)                          Proposed Rule Stage
Office of the American Workplace (OAW)
______________________________________________________________________

2104.  REPORTING BY LABOR RELATIONS CONSULTANTS AND OTHER 
PERSONS

Priority:  Substantive, Nonsignificant

Legal Authority:  29 USC 433; 29 USC 438

CFR Citation:  29 CFR 406.3

Legal Deadline: None

Abstract: The Office of Labor-Management Standards (OLMS) is proposing 
to amend Receipts and Disbursements Report (Form LM-21) to narrow the 
scope of reporting. A Receipts and Disbursements Report is required in 
the circumstances specified in Section 203(b) of the Labor-Management 
Reporting and Disclosure Act of 1959, as amended (LMRDA). It is 
required to be filed by any labor relations consultant, or other 
individual or organization, who has made or received payment as a party 
to an agreement or arrangement with an employer, pursuant to which he 
has undertaken persuader or information-supplying activities on behalf 
of the employer. The proposed amendment would reflect reporting 
guidelines established in Donovan v. The Rose Law Firm, 768 F.2d 964 
(8th Cir. 1985). This judicial decision narrowed the scope of reporting 
to eliminate reporting of receipts and disbursements in connection with 
labor relations advice and services rendered to employers for whom no 
persuader or information-supplying activities were undertaken.

Timetable:
_______________________________________________________________________

Action                            Date                      FR Cite

_______________________________________________________________________

NPRM                            04/00/95

Small Entities Affected: None

Government Levels Affected: None

Agency Contact: Kay Oshel, Chief, Division of Interpretations and 
Standards, Department of Labor, Office of the American Workplace, 200 
Constitution Avenue NW., Room N5605, FP Building, Washington, DC 20210, 
202 219-7373

RIN: 1294-AA12
______________________________________________________________________




______________________________________________________________________

DEPARTMENT OF LABOR (DOL)                          Proposed Rule Stage
Office of the American Workplace (OAW)
______________________________________________________________________


2105.  PERMANENT REPLACEMENT OF LAWFULLY STRIKING EMPLOYEES 
BY FEDERAL CONTRACTORS

Priority:  Other Significant

Legal Authority:  EO 12954

CFR Citation:  29 CFR 270

Legal Deadline: None

Abstract: This proposed regulation will implement Executive Order 
12954, ``Ensuring the Economical and Efficient Administration and 
Completion of Federal Government Contracts.'' The Order states that is 
the policy of the executive branch of the Federal Government in 
procuring goods and services that, to ensure the economical and 
efficient administration and completion of Federal Government 
contracts, contracting agencies shall not contract with employers that 
permanently replace lawfully striking employees. The proposed 
regulation will establish a procedure for the Department of Labor to 
determine if an organizational unit of a Federal contractor has 
permanently replaced lawfully striking employees and, if so, whether it 
is appropriate to terminate the contract for convenience and/or debar 
the contractor.

Timetable:
_______________________________________________________________________

Action                            Date                      FR Cite

_______________________________________________________________________

NPRM                            03/29/95                    60 FR 16354
NPRM Comment Period End         04/28/95
Final Action                    05/00/95

Small Entities Affected: None

Government Levels Affected: None

Procurement: This is a procurement-related action for which there is no 
statutory requirement. There is no paperwork burden associated with 
this action.

Agency Contact: Charles L. Smith, Special Assistant to the Deputy 
Secretary, Department of Labor, Office of the American Workplace, 200 
Constitution Avenue NW., Room S2203, FP Building, Washington, DC 20210, 
202 219-6045

RIN: 1294-AA13



______________________________________________________________________

DEPARTMENT OF LABOR (DOL)                   Completed/Longterm Actions
Office of the American Workplace (OAW)
______________________________________________________________________


2106. PROCEDURE FOR REMOVAL OF LOCAL LABOR ORGANIZATION OFFICERS

Legal Authority:  29 USC 481(h)(i); 29 USC 482

CFR Citation:  29 CFR 417.16

Legal Deadline: None

Abstract: 29 CFR 417, subpart B currently provides a procedure for a 
member of a local labor organization to file a complaint with the 
Secretary of Labor if the member believes that the local has failed to 
follow otherwise adequate officer removal procedures in its 
constitution and bylaws to remove an elected officer guilty of serious 
misconduct. However, the court in Donovan v. Hotel, Motel & Restaurant 
Employees, 700 F.2d 539 (9th Cir. 1983), found that the Secretary lacks 
statutory authority to bring a civil action against a union for failure 
to follow removal procedures whose adequacy has not been challenged. 
Therefore, the Department has deleted the language in 29 CFR 417.16 
which [[Page 23562]] purports to give the Secretary such authority.

Timetable:
_______________________________________________________________________

Action                            Date                      FR Cite

_______________________________________________________________________

NPRM                            06/16/94                    59 FR 31056
NPRM Comment Period End         08/15/94
Final Action                    12/21/94                    59 FR 65714
Final Action Effective          01/20/95

Small Entities Affected: None

Government Levels Affected: None

Agency Contact: Kay H. Oshel, Chief, Division of Interpretations and 
Standards, Department of Labor, Office of the American Workplace, 200 
Constitution Avenue NW., Room N5605, FP Building, Washington, DC 20210, 
202 219-7373

RIN: 1294-AA10



______________________________________________________________________

DEPARTMENT OF LABOR (DOL)                          Proposed Rule Stage
Mine Safety and Health Administration (MSHA)
______________________________________________________________________

2107. NOISE STANDARD

Priority:  Regulatory Plan

Legal Authority:  30 USC 811

CFR Citation:  30 CFR 56; 30 CFR 57; 30 CFR 70; 30 CFR 71

Legal Deadline: None

Abstract: Many miners are consistently exposed to noise levels that are 
at or near maximum levels currently permitted by MSHA. As a result, 
miners may be suffering hearing impairment. MSHA is developing a 
proposed rule which would establish uniform noise standards to apply to 
all mining and which will consider requiring hearing conservation 
programs to protect miners and to ensure that noise controls are 
adequate.

Timetable:
_______________________________________________________________________

Action                            Date                      FR Cite

_______________________________________________________________________

ANPRM                           12/04/89                    54 FR 50209
ANPRM Comment Period End        06/22/90                     55 FR 6011
NPRM                            06/00/95

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, 4015 Wilson Boulevard, Room 631, BT3, Arlington, VA 
22203, 703 235-1910

RIN: 1219-AA53
______________________________________________________________________




______________________________________________________________________

DEPARTMENT OF LABOR (DOL)                          Proposed Rule Stage
Mine Safety and Health Administration (MSHA)
______________________________________________________________________

2108. CONFINED SPACES

Priority:  Substantive, Nonsignificant

Legal Authority:  30 USC 811

CFR Citation:  30 CFR 56; 30 CFR 57; 30 CFR 70; 30 CFR 71; 30 CFR 75; 
30 CFR 77

Legal Deadline: None

Abstract: In mining operations, the majority of the fatalities 
associated with confined spaces occur in storage bins, hoppers, tanks, 
and stockpiles. The primary hazards to miners occur from being trapped 
by shifting piles of loose materials, falling into materials, and being 
struck by overhanging materials. Many toxic substances and physical 
hazards encountered in mining are identical to those confined space 
hazards that exist in general industry. MSHA intends to explore both 
regulatory and non-regulatory options to address the hazards associated 
with working in confined spaces at mines.

Timetable:
_______________________________________________________________________

Action                            Date                      FR Cite

_______________________________________________________________________

ANPRM                           12/30/91                    56 FR 67364
ANPRM Comment Period End        05/01/92                     57 FR 8102
NPRM                            12/00/95

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, 4015 Wilson Boulevard, Room 631, BT3, Arlington, VA 
22203, 703 235-1910

RIN: 1219-AA54
______________________________________________________________________




______________________________________________________________________

DEPARTMENT OF LABOR (DOL)                          Proposed Rule Stage
Mine Safety and Health Administration (MSHA)
______________________________________________________________________

2109. CARBON MONOXIDE MONITOR APPROVAL

Priority:  Substantive, Nonsignificant

Legal Authority:  30 USC 957

CFR Citation:  30 CFR 12

Legal Deadline: None

Abstract: The use of carbon monoxide monitoring systems in underground 
coal mines can be effective in monitoring mine atmospheres to detect 
fires in the early stages of development. This rulemaking would address 
minimum performance criteria for these systems. MSHA intends to explore 
the use of negotiated rulemaking to address this regulatory action.

Timetable:
_______________________________________________________________________

Action                            Date                      FR Cite

_______________________________________________________________________

NPRM                            00/00/00

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, 4015 Wilson Boulevard, Room 631, BT3, Arlington, VA 
22203, 703 235-1910

RIN: 1219-AA72
______________________________________________________________________




______________________________________________________________________

DEPARTMENT OF LABOR (DOL)                          Proposed Rule Stage
Mine Safety and Health Administration (MSHA)
______________________________________________________________________

2110. DIESEL PARTICULATE

Priority:  Other Significant

Legal Authority:  30 USC 811

CFR Citation:  Not yet determined

Legal Deadline: None

Abstract: Diesel equipment is increasingly being used in the mining 
environment. Concern is developing that diesel exhaust emissions may be 
potentially carcinogenic or cause other health problems, such as 
chronic lung disease. MSHA does not have regulations that specifically 
address ways of reducing the potential health hazards associated with 
the particulate in the exhaust emitted by diesel-powered equipment in 
underground mines. In July 1990, the National Institute for 
Occupational Safety and Health issued an exploratory risk assessment 
for diesel particulate based on animal studies. The Agency is in the 
early stages of examining the appropriateness of a standard to control 
miners' exposure to diesel particulate. In January 1992, MSHA issued an 
advance notice of proposed rulemaking in which the Agency requested 
public comments on a series of issues relating [[Page 23563]] to health 
effects, methods of monitoring to measure exposure, duration and 
frequency of exposure, and technological and economic feasibility. MSHA 
is continuing to review available data and studies on the use of diesel 
equipment and ways to reduce the health hazards from particulate 
emissions.

Timetable:
_______________________________________________________________________

Action                            Date                      FR Cite

_______________________________________________________________________

ANPRM                           01/06/92                      57 FR 500
ANPRM Comment Period End        07/10/92                     57 FR 7906
NPRM                            09/00/95

Small Entities Affected: Businesses

Government Levels Affected: Undetermined

Agency Contact: Patricia W. Silvey, Director, Office of Standards, 
Regulations and Variances, Department of Labor, Mine Safety and Health 
Administration, 4015 Wilson Boulevard, Room 631, BT3, Arlington, VA 
22203, 703 235-1910

RIN: 1219-AA74
______________________________________________________________________




______________________________________________________________________

DEPARTMENT OF LABOR (DOL)                          Proposed Rule Stage
Mine Safety and Health Administration (MSHA)
______________________________________________________________________

2111. BELT ENTRY VENTILATION

Priority:  Other Significant

Legal Authority:  30 USC 811

CFR Citation:  30 CFR 75.350

Legal Deadline: None

Abstract: In November 1992, a Secretarial advisory committee issued 
recommendations concerning the conditions under which air coursed 
through the belt entry could be safely used in the face areas of 
underground coal mines. Advisory Committee consensus recommendations 
included: (1) the conditions under which belt haulage entries could be 
safely used as intake air courses to ventilate working places; (2) 
minimum velocities in conveyor belt haulageways; and (3) ventilation of 
escapeways. MSHA is reviewing the recommendations to determine the most 
appropriate regulatory response.

Timetable:
_______________________________________________________________________

Action                            Date                      FR Cite

_______________________________________________________________________

NPRM                            00/00/00

Small Entities Affected: None

Government Levels Affected: None

Additional Information: A public hearing was held in April 1990.

Agency Contact: Patricia W. Silvey, Director, Office of Standards, 
Regulations and Variances, Department of Labor, Mine Safety and Health 
Administration, 4015 Wilson Boulevard, Room 631, BT3, Arlington, VA 
22203, 703 235-1910

RIN: 1219-AA76
______________________________________________________________________




______________________________________________________________________

DEPARTMENT OF LABOR (DOL)                          Proposed Rule Stage
Mine Safety and Health Administration (MSHA)
______________________________________________________________________

2112. METAL/NONMETAL IMPOUNDMENTS

Priority:  Substantive, Nonsignificant

Legal Authority:  30 USC 811

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 which are within flood range of homes and well 
traveled roads. Failure of an impoundment could endanger lives and 
cause property damage. This rulemaking addresses, among other issues, 
proper design and construction of impoundments. MSHA intends to explore 
negotiated rulemaking to address this action.

Timetable:
_______________________________________________________________________

Action                            Date                      FR Cite

_______________________________________________________________________

NPRM                            00/00/00

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, 4015 Wilson Boulevard, Room 631, BT3, Arlington, VA 
22203, 703 235-1910

RIN: 1219-AA83
______________________________________________________________________




______________________________________________________________________

DEPARTMENT OF LABOR (DOL)                          Proposed Rule Stage
Mine Safety and Health Administration (MSHA)
______________________________________________________________________

2113. SAFETY STANDARDS FOR METHANE IN METAL AND NONMETAL MINES

Priority:  Substantive, Nonsignificant

Legal Authority:  30 USC 811

CFR Citation:  30 CFR 57

Legal Deadline: None

Abstract: This action would revise the existing safety standards for 
methane in metal and nonmetal mines to address dangerous levels of 
methane in outburst cavities in abandoned idle, and worked out areas of 
category II-A mines. It would further address the use of approved 
equipment in category III mines. The Agency is exploring the use of 
negotiated rulemaking to address this issue.

Timetable:
_______________________________________________________________________

Action                            Date                      FR Cite

_______________________________________________________________________

NPRM                            00/00/00

Small Entities Affected: Undetermined

Government Levels Affected: None

Agency Contact: Patricia W. Silvey, Director, Office of Standards, 
Regulations and Variances, Department of Labor, Mine Safety and Health 
Administration, 4015 Wilson Boulevard, Room 631, BT3, Arlington, VA 
22203, 703 235-1910

RIN: 1219-AA90
______________________________________________________________________




______________________________________________________________________

DEPARTMENT OF LABOR (DOL)                          Proposed Rule Stage
Mine Safety and Health Administration (MSHA)
______________________________________________________________________

2114.  SURFACE HAULAGE

Priority:  Other Significant

Legal Authority:  30 USC 811

CFR Citation:  30 CFR 56; 30 CFR 57; 30 CFR 75; 30 CFR 77

Legal Deadline: None

Abstract: Accidents involving surface haulage equipment constitute a 
major safety problem in the mining industry. To address this problem 
the proposed rule would revise and update MSHA standards for safe 
operation of surface haulage equipment. This equipment includes large 
240 ton haulage vehicles, over-the-road trucks, as well as front-end 
loaders and other equipment. A review of fatal mining accidents during 
the past 3 years shows that 30% of the deaths involved surface haulage 
equipment. Causes of these accidents included brake failures, unsafe 
grades, overloaded vehicles and ``blind spots''. The proposed rule 
would focus on these and other factors linked to accidents involving 
surface haulage equipment.

Timetable:
_______________________________________________________________________

Action                            Date                      FR Cite

_______________________________________________________________________

NPRM                            00/00/00

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, 4015 Wilson Blvd., Room 631, BT3, Arlington, VA 22203, 
703 235-1910

RIN: 1219-AA93


______________________________________________________________________



______________________________________________________________________

DEPARTMENT OF LABOR (DOL)                          Proposed Rule Stage
Mine Safety and Health Administration (MSHA)
______________________________________________________________________


[[Page 23564]]
2115.  SAFETY STANDARDS FOR THE USE OF ROOF BOLTING 
MACHINES IN UNDERGROUND COAL MINES

Priority:  Other Significant

Legal Authority:  30 USC 811

CFR Citation:  30 CFR 75

Legal Deadline: None

Abstract: Recent fatalities in underground coal mines involving roof-
bolting machines indicate the need to both modify the design of such 
machines and take additional precautions in their use. MSHA has 
evaluated roof-bolting machines currently in use focusing on potential 
hazards to the machine operators during the drilling and roof-bolt 
installation procedures. MSHA believes that machine design features may 
contribute to or cause accidents, and that changes in machine design 
and operating procedures would make operating the equipment safer for 
the machine operator. The Agency is exploring the use of negotiated 
rulemaking to address this issue.

Timetable: Next Action Undetermined

Small Entities Affected: Businesses

Government Levels Affected: Undetermined

Agency Contact: Patricia W. Silvey, Director, Office of Standards 
Regulations and Variances, Department of Labor, Mine Safety and Health 
Administration, 4015 Wilson Boulevard, Room 631, BT3, Arlington, VA 
22203, 703 235-1910

RIN: 1219-AA94



______________________________________________________________________

DEPARTMENT OF LABOR (DOL)                             Final Rule Stage
Mine Safety and Health Administration (MSHA)
______________________________________________________________________

2116. UNDERGROUND COAL MINE VENTILATION

Priority:  Other Significant

Legal Authority:  30 USC 811

CFR Citation:  30 CFR 75

Legal Deadline: None

Abstract: This proposed rule would revise certain provisions of MSHA's 
ventilation standards for underground coal mines. Proper mine 
ventilation provides basic protection against mine explosions involving 
methane gas and coal dust and against unhealthy concentrations of 
airborne contaminants. Some of these provisions addressed in this 
rulemaking have been stayed due to litigation before the U.S. Court of 
Appeals. Other provisions would be revised to improve the protections 
provided to miners.

Timetable:
_______________________________________________________________________

Action                            Date                      FR Cite

_______________________________________________________________________

Extension of Administrative Stay12/30/93                    58 FR 69312
NPRM                            05/19/94                    59 FR 26356
NPRM Comment Period End         08/08/94                    59 FR 35071
Notice of Public Hearing and 
Extension of Comment Period to 
11/18/94                        08/17/94                    59 FR 42193
Final Action                    10/00/95

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, 4015 Wilson Boulevard, Room 631, BT3, Arlington, VA 
22203, 703 235-1910

RIN: 1219-AA11
______________________________________________________________________




______________________________________________________________________

DEPARTMENT OF LABOR (DOL)                             Final Rule Stage
Mine Safety and Health Administration (MSHA)
______________________________________________________________________

2117. DIESEL-POWERED EQUIPMENT FOR UNDERGROUND COAL MINES

Priority:  Regulatory Plan

Legal Authority:  30 USC 811; 30 USC 957

CFR Citation:  30 CFR 7; 30 CFR 70; 30 CFR 75

Legal Deadline: None

Abstract: The use of diesel-powered equipment in underground coal mines 
poses a substantial risk of fire or explosion due to the introduction 
of an ignition source into an environment where methane can be present 
and due to underground handling and storage of diesel fuel. MSHA 
currently has no approval, safety, or health regulations that 
specifically address the use of diesel-powered equipment in underground 
coal mines. In 1988, a Secretarial advisory committee made 
recommendations concerning safety and health standards for the use of 
diesel-powered equipment in underground coal mines. In 1989, MSHA 
published a proposed rule based on those recommendations. This final 
rule will address criteria for the approval of diesel equipment and 
provisions for the safe use of such equipment in underground coal 
mines.

Timetable:
_______________________________________________________________________

Action                            Date                      FR Cite

_______________________________________________________________________

NPRM                            10/04/89                    54 FR 40950
NPRM Comment Period End         05/10/91                    56 FR 13404
Final Action                    08/00/95

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, 4015 Wilson Boulevard, Room 631, BT3, Arlington, VA 
22203, 703 235-1910

RIN: 1219-AA27
______________________________________________________________________




______________________________________________________________________

DEPARTMENT OF LABOR (DOL)                             Final Rule Stage
Mine Safety and Health Administration (MSHA)
______________________________________________________________________

2118. HAZARD COMMUNICATION

Priority:  Substantive, Nonsignificant

Legal Authority:  30 USC 811

CFR Citation:  Not yet determined

Legal Deadline: None

Abstract: Today's complex mining environment subjects miners to well-
known hazards, such as coal mine dust and crystalline silica, as well 
as emerging hazards, including hazardous wastes burned as fuel 
supplements at cement kilns. This rule would provide miners with the 
means to receive necessary information on the hazards of chemicals to 
which they are exposed and the actions necessary to protect them from 
such hazards. In preparation of the rule, MSHA has reviewed OSHA's 
hazard communication standard, information collected by NIOSH, and 
public comments. For its final rule, MSHA intends to publish a user-
friendly regulation which will facilitate compliance by mine operators, 
[[Page 23565]] while providing increased health and safety protection 
to miners.

Timetable:
_______________________________________________________________________

Action                            Date                      FR Cite

_______________________________________________________________________

ANPRM                           03/30/88                    53 FR 10257
ANPRM Comment Period End        07/31/88
NPRM                            11/02/90                    55 FR 46400
NPRM Comment Period End         01/31/92                    56 FR 48720
Final Action                    09/00/95

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, 4015 Wilson Boulevard, Room 631, BT3, Arlington, VA 
22203, 703 235-1910

RIN: 1219-AA47
______________________________________________________________________




______________________________________________________________________

DEPARTMENT OF LABOR (DOL)                             Final Rule Stage
Mine Safety and Health Administration (MSHA)
______________________________________________________________________

2119. AIR QUALITY CHEMICAL SUBSTANCES AND RESPIRATORY PROTECTION 
STANDARDS

Priority:  Regulatory Plan

Legal Authority:  30 USC 811

CFR Citation:  30 CFR 56; 30 CFR 57; 30 CFR 58; 30 CFR 70; 30 CFR 71; 
30 CFR 72; 30 CFR 75; 30 CFR 90

Legal Deadline: None

Abstract: MSHA's current air quality standards for exposure to 
hazardous substances were promulgated over 20 years ago. They do not 
fully protect today's miners, who are potentially exposed to an array 
of toxic chemicals, including lead, cyanide, arsenic, benzene, 
asbestos, and other well-documented hazards. Some miners have developed 
occupational illness (e.g., lead poisoning, acute cyanide poisoning, 
and silicosis) as a result of their exposure. This final rule would 
update MSHA's permissible exposure limits applicable to hazards 
encountered in metal and nonmetal and coal mines, revise requirements 
for exposure monitoring, improve precautions for handling restricted-
use chemicals, provide for miner observation of monitoring, and 
establish provisions for medical surveillance and transfer of miners 
required to use respirators and miners using certain carcinogens.

Timetable:
_______________________________________________________________________

Action                            Date                      FR Cite

_______________________________________________________________________

ANPRM                           07/06/83                    48 FR 31171
ANPRM                           11/19/85                    50 FR 47702
NPRM                            08/29/89                    54 FR 35760
NPRM Comment Period End         08/30/91                    56 FR 29201
Final Action                    09/00/95

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, 4015 Wilson Boulevard, Room 631, BT3, Arlington, VA 
22203, 703 235-1910

RIN: 1219-AA48
______________________________________________________________________




______________________________________________________________________

DEPARTMENT OF LABOR (DOL)                             Final Rule Stage
Mine Safety and Health Administration (MSHA)
______________________________________________________________________

2120. LONGWALL EQUIPMENT (INCLUDING HIGH-VOLTAGE)

Priority:  Substantive, Nonsignificant

Legal Authority:  30 USC 811; 30 USC 957

CFR Citation:  30 CFR 18; 30 CFR 75

Legal Deadline: None

Abstract: Presently, MSHA standards for underground coal mines preclude 
the use of high-voltage cables within 150 feet of pillar workings. 
Therefore, mine operators have had to petition for site-specific 
variances to use technologically advantageous high-voltage longwall 
equipment. This rulemaking would address specific safety requirements 
for the use of high-voltage longwall equipment, including trailing 
cables, motor, and shearer cables, ensuring that the equipment does not 
create a fire or explosion hazard.

Timetable:
_______________________________________________________________________

Action                            Date                      FR Cite

_______________________________________________________________________

NPRM                            08/27/92                    57 FR 39036
NPRM Comment Period End         11/13/92                    57 FR 46350
Final Action                    11/00/95

Small Entities Affected: None

Government Levels Affected: None

Agency Contact: Patricia W. Silvey, Director, Office of Standards, 
Regulations and Variances, Department of Labor, Mine Safety and Health 
Administration, 4015 Wilson Boulevard, Room 631, BT3, Arlington, VA 
22203, 703 235-1910

RIN: 1219-AA75
______________________________________________________________________




______________________________________________________________________

DEPARTMENT OF LABOR (DOL)                             Final Rule Stage
Mine Safety and Health Administration (MSHA)
______________________________________________________________________

2121. DECERTIFICATION OF CERTIFIED AND QUALIFIED PERSONS

Priority:  Substantive, Nonsignificant

Legal Authority:  30 USC 811

CFR Citation:  30 CFR 42; 30 CFR 48; 30 CFR 70; 30 CFR 71; 30 CFR 75; 
30 CFR 77; 30 CFR 90

Legal Deadline: None

Abstract: MSHA has several existing provisions that require the 
certification or qualification of individuals to perform certain tasks 
at mines. However, the Agency has no formal procedures for revoking a 
person's certification or qualification when evidence indicates that 
the individual does not adhere to required regulatory procedures. The 
Agency intends to develop generic procedures for decertification of 
individuals who no longer meet the requirements to be certified or 
qualified, or who have failed to comply with the law in their role as a 
certified or qualified person.

Timetable:
_______________________________________________________________________

Action                            Date                      FR Cite

_______________________________________________________________________

NPRM                            11/02/94                    59 FR 54855
NPRM Comment Period End         02/06/95                    59 FR 60101
Final Action                    07/00/95

Small Entities Affected: Businesses

Government Levels Affected: State

Agency Contact: Patricia W. Silvey, Director, Office of Standards, 
Regulations and Variances, Department of Labor, Mine Safety and Health 
Administration, 4015 Wilson Boulevard, Room 631, BT3, Arlington, VA 
22203, 703 235-1910

RIN: 1219-AA79
______________________________________________________________________




______________________________________________________________________

DEPARTMENT OF LABOR (DOL)                             Final Rule Stage
Mine Safety and Health Administration (MSHA)
______________________________________________________________________

2122. SINGLE-SHIFT SAMPLING NOTICE

Priority:  Other Significant

Legal Authority:  30 USC 811; 30 USC 842(f)

CFR Citation:  Not yet determined

Legal Deadline: None

Abstract: The Secretaries of Labor and Health and Human Services have 
issued a joint proposed finding that the average concentration of 
respirable dust to which each miner is exposed can be measured 
accurately over a single shift. This joint finding would also rescind 
their earlier joint finding [[Page 23566]] published in July 1971 and 
affirmed in February 1972. MSHA believes that enforcement based on 
single, full-shift samples will enhance mine operators' compliance with 
the requirement to maintain the average concentration of respirable 
dust in the mine atmosphere during each shift where miners work or 
travel at or below the applicable standard.

Timetable:
_______________________________________________________________________

Action                            Date                      FR Cite

_______________________________________________________________________

Notice of Coal Mine Respirable 
Dust Standard Noncompliance 
Determinations                  02/18/94                     59 FR 8356
Notice of Extension of Comment 
Period to 5/20/94               04/08/94                    59 FR 16958
Notice of Public Hearing        06/06/94                    59 FR 29348
Notice of Public Hearing        07/07/94                    59 FR 34868
Notice of Extension of Comment 
Period; Close of Record 9/30/94 08/01/94                    59 FR 38988
Final Action                    07/00/95

Small Entities Affected: Businesses

Government Levels Affected: Federal

Agency Contact: Patricia W. Silvey, Director, Office of Standards, 
Regulations and Variances, Department of Labor, Mine Safety and Health 
Administration, 4015 Wilson Boulevard, Room 631, BT3, Arlington, VA 
22203, 703 235-1910

RIN: 1219-AA82
______________________________________________________________________




______________________________________________________________________

DEPARTMENT OF LABOR (DOL)                             Final Rule Stage
Mine Safety and Health Administration (MSHA)
______________________________________________________________________

2123. SAFETY STANDARDS FOR EXPLOSIVES AT METAL AND NONMETAL MINES

Priority:  Substantive, Nonsignificant

Legal Authority:  30 USC 811

CFR Citation:  30 CFR 56; 30 CFR 57

Legal Deadline: None

Abstract: MSHA's final rule will address changes to safety standards 
for the use of explosives at metal and nonmetal mines. This rule arises 
from on-going litigation concerning the current explosives standards.

Timetable:
_______________________________________________________________________

Action                            Date                      FR Cite

_______________________________________________________________________

NPRM                            01/05/95                     60 FR 1866
NPRM Comment Period End         03/06/95                     60 FR 1866
Final Action                    10/00/95

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, 4015 Wilson Boulevard, Room 631, BT3, Arlington, VA 
22203, 703 235-1910

RIN: 1219-AA84
______________________________________________________________________




______________________________________________________________________

DEPARTMENT OF LABOR (DOL)                             Final Rule Stage
Mine Safety and Health Administration (MSHA)
______________________________________________________________________

2124. RESPIRATOR APPROVAL

Priority:  Informational

Legal Authority:  30 USC 811

CFR Citation:  30 CFR 11

Legal Deadline: None

Abstract: Under the 1977 Mine Act, MSHA and the National Institute for 
Occupational Safety and Health jointly approve respirators for use in 
hazardous atmospheres. NIOSH is engaged in a rulemaking to upgrade 
existing provisions for Federal certification of respirators in a new 
42 CFR 84 which would replace 30 CFR 11. Under the new regulations, 
MSHA and NIOSH would continue to jointly approve respirators used for 
mine emergencies and mine rescue.

Timetable:
_______________________________________________________________________

Action                            Date                      FR Cite

_______________________________________________________________________

NPRM                            05/24/94                    59 FR 26892
NPRM Comment Period End         07/25/94                    59 FR 26892
Final Action                    04/00/95

Small Entities Affected: Businesses

Government Levels Affected: State, Federal

Agency Contact: Patricia W. Silvey, Director, Office of Standards, 
Regulations and Variances, Department of Labor, Mine Safety and Health 
Administration, 4015 Wilson Boulevard, Room 631, BT3, Arlington, VA 
22203, 703 235-1910

RIN: 1219-AA85
______________________________________________________________________




______________________________________________________________________

DEPARTMENT OF LABOR (DOL)                             Final Rule Stage
Mine Safety and Health Administration (MSHA)
______________________________________________________________________

2125. INDEPENDENT LABORATORY TESTING

Priority:  Substantive, Nonsignificant

Legal Authority:  30 USC 957

CFR Citation:  30 CFR 6; 30 CFR 18; 30 CFR 19; 30 CFR 20; 30 CFR 21; 30 
CFR 22; 30 CFR 23; 30 CFR 24; 30 CFR 26; 30 CFR 27; 30 CFR 28; 30 CFR 
29; 30 CFR 33; 30 CFR 35

Legal Deadline: None

Abstract: This rulemaking would allow MSHA to accept testing of certain 
mining equipment performed by independent laboratories. It would also 
allow MSHA to approve products based on alternative testing and 
evaluation requirements provided the alternative requirements are 
equivalent to MSHA's own. This would be consistent with the 
recommendation of the National Performance Review.

Timetable:
_______________________________________________________________________

Action                            Date                      FR Cite

_______________________________________________________________________

NPRM                            11/30/94                    59 FR 61376
NPRM Comment Period End         02/21/95                    59 FR 61376
Final Action                    07/00/95

Small Entities Affected: Businesses

Government Levels Affected: Federal

Agency Contact: Patricia W. Silvey, Director, Office of Standards, 
Regulations and Variances, Department of Labor, Mine Safety and Health 
Administration, 4015 Wilson Boulevard, Room 631, BT3, Arlington, VA 
22203, 703 235-1910

RIN: 1219-AA87
______________________________________________________________________




______________________________________________________________________

DEPARTMENT OF LABOR (DOL)                             Final Rule Stage
Mine Safety and Health Administration (MSHA)
______________________________________________________________________


2126. REQUIREMENTS FOR APPROVAL OF FLAME-RESISTANT CONVEYOR BELTS

Priority:  Substantive, Nonsignificant

Legal Authority:  30 USC 957; 30 USC 811

CFR Citation:  30 CFR 14; 30 CFR 18; 30 CFR 75

Legal Deadline: None

Abstract: The final rule would implement new procedures and 
requirements for testing and approval of flame-resistant conveyor belts 
to be used in underground mines. These revisions would replace the 
existing flame test for conveyor belts. Current regulations require 
that conveyor belts be flame resistant in accordance with 
specifications of the Secretary. As part of this rulemaking, the Agency 
also would promulgate conforming amendments to safety standards.

Timetable:
_______________________________________________________________________

Action                            Date                      FR Cite

_______________________________________________________________________

NPRM                            12/24/92                    57 FR 61524
NPRM Comment Period End         03/26/93                     58 FR 8028
Final Action                    08/00/95

Small Entities Affected: None [[Page 23567]] 

Government Levels Affected: None

Agency Contact: Patricia W. Silvey, Director, Office of Standards 
Regulations and Variances, Department of Labor, Mine Safety and Health 
Administration, 4015 Wilson Boulevard, Room 631, BT3, Arlington, VA 
22203, 703 235-1910

RIN: 1219-AA92



______________________________________________________________________

DEPARTMENT OF LABOR (DOL)                   Completed/Longterm Actions
Mine Safety and Health Administration (MSHA)
______________________________________________________________________

2127. WATERLINES IN BELT CONVEYOR ENTRIES

Legal Authority:  30 USC 811

CFR Citation:  30 CFR 75

Legal Deadline: None

Abstract: MSHA currently requires waterlines to be installed along all 
belt conveyors in underground coal mines. Under certain circumstances, 
waterlines located in these entries are susceptible to severe damage 
caused by the spread of fire. MSHA is evaluating the need to revise 
this regulation so that waterlines are located in a manner that allows 
effective firefighting regardless of the airflow in the belt entry. 
MSHA will explore non-regulatory alternatives to address this action 
and, therefore, is removing this action from the Regulatory Agenda.

Timetable:
_______________________________________________________________________

Action                            Date                      FR Cite

_______________________________________________________________________

Withdrawn to examine non-
regulatory alternatives         03/31/95

Small Entities Affected: None

Government Levels Affected: None

Agency Contact: Patricia W. Silvey, Director, Office of Standards, 
Regulations and Variances, Department of Labor, Mine Safety and Health 
Administration, 4015 Wilson Boulevard, Room 631, BT3, Arlington, VA 
22203, 703 235-1910

RIN: 1219-AA70
______________________________________________________________________




______________________________________________________________________

DEPARTMENT OF LABOR (DOL)                   Completed/Longterm Actions
Mine Safety and Health Administration (MSHA)
______________________________________________________________________

2128. FIREFIGHTING AND ESCAPE AND EVACUATION PROGRAM

Legal Authority:  30 USC 811

CFR Citation:  30 CFR 75.1101-23

Legal Deadline: None

Abstract: Currently MSHA requires each operator of an underground coal 
mine to adopt a program for mine evacuation in the event of an 
emergency, such as fire or explosion. However, the existing standard 
does not directly address heat sensing and carbon monoxide detection 
systems and the actions to be taken when such systems activate an 
alarm. In addition, regular update of firefighting and evacuation plans 
is not required by the existing standard. The Agency is exploring non-
regulatory options to address these issues and, therefore, is removing 
this action from the Regulatory Agenda.

Timetable:
_______________________________________________________________________

Action                            Date                      FR Cite

_______________________________________________________________________

Withdrawn to examine non-
regulatory alternatives         03/31/95

Small Entities Affected: None

Government Levels Affected: None

Agency Contact: Patricia W. Silvey, Director, Office of Standards, 
Regulations and Variances, Department of Labor, Mine Safety and Health 
Administration, 4015 Wilson Boulevard, Room 631, BT3, Arlington, VA 
22203, 703 235-1910

RIN: 1219-AA73
______________________________________________________________________




______________________________________________________________________

DEPARTMENT OF LABOR (DOL)                   Completed/Longterm Actions
Mine Safety and Health Administration (MSHA)
______________________________________________________________________

2129. TRAINING (INCLUDING CONTRACTORS AND SUPERVISORS)

Legal Authority:  30 USC 811; 30 USC 825

CFR Citation:  30 CFR 48

Legal Deadline: None

Abstract: MSHA is reviewing its training regulations to determine how 
to address such issues as improved training of contractors, training 
for construction workers, and ensuring that the training is appropriate 
for different types of mining. MSHA is exploring non-regulatory 
alternatives to address these issues. The Agency, therefore, is 
removing this action from the Regulatory Agenda.

Timetable:
_______________________________________________________________________

Action                            Date                      FR Cite

_______________________________________________________________________

Withdrawn to examine 
nonregulatory alternatives.     03/31/95

Small Entities Affected: None

Government Levels Affected: None

Agency Contact: Patricia W. Silvey, Director, Office of Standards, 
Regulations and Variances, Department of Labor, Mine Safety and Health 
Administration, 4015 Wilson Boulevard, Room 631, BT3, Arlington, VA 
22203, 703 235-1910

RIN: 1219-AA77
______________________________________________________________________




______________________________________________________________________

DEPARTMENT OF LABOR (DOL)                   Completed/Longterm Actions
Mine Safety and Health Administration (MSHA)
______________________________________________________________________

2130. EXAMINATION OF SURFACE WORK AREAS OF UNDERGROUND COAL MINES

Legal Authority:  30 USC 811

CFR Citation:  30 CFR 77.1713

Legal Deadline: None

Abstract: Workplace safety and health examinations are required during 
each shift at coal mines in all areas except surface work areas of 
underground coal mines. This rulemaking would have addressed on-shift 
examinations of these workplaces. MSHA is exploring non-regulatory 
alternatives to address this issue and, therefore, is removing this 
action from the Regulatory Agenda.

Timetable:
_______________________________________________________________________

Action                            Date                      FR Cite

_______________________________________________________________________

Withdrawn to examine non-
regulatory alternatives.        03/31/95

Small Entities Affected: None

Government Levels Affected: None

Agency Contact: Patricia W. Silvey, Director, Office of Standards, 
Regulations and Variances, Department of Labor, Mine Safety and Health 
Administration, 4015 Wilson Boulevard, Room 631, BT3, Arlington, VA 
22203, 703 235-1910

RIN: 1219-AA78


______________________________________________________________________



______________________________________________________________________

DEPARTMENT OF LABOR (DOL)                   Completed/Longterm Actions
Mine Safety and Health Administration (MSHA)
______________________________________________________________________

[[Page 23568]]
2131. RESPIRABLE COAL DUST REVISIONS

Legal Authority:  30 USC 811

CFR Citation:  30 CFR 70; 30 CFR 71; 30 CFR 75; 30 CFR 90

Legal Deadline: None

Abstract: In June 1992, an interagency task group made recommendations 
to the Secretary on how to improve the accuracy and effectiveness of 
MSHA's respirable coal mine dust program. MSHA was considering a 
proposed rule to address those recommendations and revise, where 
appropriate, the existing respirable dust standards. This rulemaking 
has been suspended, however, pending deliberations of the Secretary's 
Advisory Committee on the Prevention of Pneumoconiosis Among Coal 
Miners which will take a broad look at ways to reduce ``Black Lung'' 
and silicosis among coal miners.

Timetable:
_______________________________________________________________________

Action                            Date                      FR Cite

_______________________________________________________________________

Withdrawn pending deliberations 
by Secretary's Adv. Committee   03/31/95

Small Entities Affected: None

Government Levels Affected: None

Agency Contact: Patricia W. Silvey, Director, Office of Standards, 
Regulations and Variances, Department of Labor, Mine Safety and Health 
Administration, 4015 Wilson Boulevard, Room 631, BT3, Arlington, VA 
22203, 703 235-1910

RIN: 1219-AA81
______________________________________________________________________




______________________________________________________________________

DEPARTMENT OF LABOR (DOL)                   Completed/Longterm Actions
Mine Safety and Health Administration (MSHA)
______________________________________________________________________

2132. CERTIFICATION OF WORKPLACE EXAMINERS

Legal Authority:  30 USC 811

CFR Citation:  Not yet determined

Legal Deadline: None

Abstract: Current laws require persons performing tasks essential to 
miners' safety and health to be ``certified'' as competent. MSHA is 
looking at non-regulatory alternatives to assure that the goal of 
minimum standards for certified persons is achieved and, therefore, is 
removing this issue from the Regulatory Agenda.

Timetable:
_______________________________________________________________________

Action                            Date                      FR Cite

_______________________________________________________________________

Withdrawn to examine 
alternatives.                   03/31/95

Small Entities Affected: None

Government Levels Affected: None

Agency Contact: Patricia W. Silvey, Director, Office of Standards, 
Regulations and Variances, Department of Labor, Mine Safety and Health 
Administration, 4015 Wilson Boulevard, Room 631, BT3, Arlington, VA 
22203, 703 235-1910

RIN: 1219-AA86
______________________________________________________________________




______________________________________________________________________

DEPARTMENT OF LABOR (DOL)                   Completed/Longterm Actions
Mine Safety and Health Administration (MSHA)
______________________________________________________________________

2133. LEGAL IDENTITY

Legal Authority:  30 USC 811

CFR Citation:  30 CFR 41

Legal Deadline: None

Abstract: Section 103(h) of the Mine Act authorizes MSHA to require 
mine operators to provide any information the Agency needs to perform 
its functions under the Act. This action would have updated existing 
regulations to reflect changes in the mining industry. After reviewing 
this action, MSHA believes that the Agency can obtain much of the 
information needed through existing sources.

Timetable:
_______________________________________________________________________

Action                            Date                      FR Cite

_______________________________________________________________________

Withdrawn                       03/31/95

Small Entities Affected: None

Government Levels Affected: None

Agency Contact: Patricia W. Silvey, Director, Office of Standards, 
Regulations and Variances, Department of Labor, Mine Safety and Health 
Administration, 4015 Wilson Boulevard, Room 631, BT3, Arlington, VA 
22203, 703 235-1910

RIN: 1219-AA88
______________________________________________________________________




______________________________________________________________________

DEPARTMENT OF LABOR (DOL)                   Completed/Longterm Actions
Mine Safety and Health Administration (MSHA)
______________________________________________________________________

2134. BLOODBORNE PATHOGENS

Legal Authority:  30 USC 811

CFR Citation:  Not yet determined

Legal Deadline: None

Abstract: MSHA has identified mine rescue, emergency medical treatment, 
and first aid as activities in mining which pose a high risk of 
exposure to bloodborne infectious diseases. Because most mines are 
distant from professional health care providers, miners often must 
provide more extensive emergency care than general industry employees. 
MSHA will be evaluating personal protection, training, vaccination, 
disposal and other controls to protect persons engaging in these high 
risk activities in mining. MSHA intends to develop guidelines as a non-
regulatory alternative to address this issue and, therefore, is 
removing it from the Regulatory Agenda.

Timetable:
_______________________________________________________________________

Action                            Date                      FR Cite

_______________________________________________________________________

Withdrawn to develop non-
regulatory alternative.         03/31/95

Small Entities Affected: None

Government Levels Affected: None

Agency Contact: Patricia W. Silvey, Director, Office of Standards, 
Regulations and Variances, Department of Labor, Mine Safety and Health 
Administration, 4015 Wilson Boulevard, Room 631, BT3, Arlington, VA 
22203, 703 235-1910

RIN: 1219-AA89
______________________________________________________________________




______________________________________________________________________

DEPARTMENT OF LABOR (DOL)                   Completed/Longterm Actions
Mine Safety and Health Administration (MSHA)
______________________________________________________________________


2135. TRAINING SURFACE WORK AREA CONSTRUCTION CONTRACTORS AT 
SURFACE WORK AREAS

Legal Authority:  30 USC 957

CFR Citation:  30 CFR 48

Legal Deadline: None

Abstract: MSHA is looking at non-regulatory alternatives to address 
safety and health training for construction workers at surface mines 
and surface work areas of underground mines and, therefore, is removing 
this entry from the Regulatory Agenda.

Timetable:
_______________________________________________________________________

Action                            Date                      FR Cite

_______________________________________________________________________

Withdrawn to examine non-
regulatory alternatives.        03/31/95

Small Entities Affected: None

Government Levels Affected: None

Agency Contact: Patricia W. Silvey, Director, Office of Standards 
Regulations and Variances, Department of Labor, Mine Safety and Health 
Administration, 4015 Wilson Boulevard, Room 631, BT3, Arlington, VA 
22203, 703 235-1910

RIN: 1219-AA91


[[Page 23569]] 
______________________________________________________________________

DEPARTMENT OF LABOR (DOL)                                Prerule Stage
Office of the Assistant Secretary for Administration and Management 
(OASAM)
______________________________________________________________________


2136. DEPARTMENT OF LABOR ACQUISITION REGULATIONS

Priority:  Informational

Legal Authority:  5 USC 301; 40 USC 486(c)

CFR Citation:  48 CFR 2900 to 2999

Legal Deadline: None

Abstract: Revisions to DOLAR reflect changes in the Federal Acquisition 
Regulations and organizational changes within DOL.

Timetable: Next Action Undetermined

Small Entities Affected: Businesses

Government Levels Affected: None

Additional Information: Revision of the Department of Labor Acquisition 
Regulation is awaiting the final publication of revisions to the 
Federal Acquisition Regulation as the result of changes being 
implemented pursuant to passage of the Federal Acquisition Streamlining 
Act of 1994 enacted October 13, 1994.

Agency Contact: Melvin Goldberg, Director, Office of Procurement and 
Grant Policy, Department of Labor, Office of the Assistant Secretary 
for Administration and Management, 200 Constitution Avenue NW., Room 
S1522, FP Bldg., Washington, DC 20210, 202 219-9174

RIN: 1291-AA20



______________________________________________________________________

DEPARTMENT OF LABOR (DOL)                          Proposed Rule Stage
Office of the Assistant Secretary for Administration and Management 
(OASAM)
______________________________________________________________________


2137. NONDISCRIMINATION ON THE BASIS OF AGE IN PROGRAMS AND 
ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE FROM THE DEPARTMENT OF 
LABOR

Priority:  Substantive, Nonsignificant

Legal Authority:  42 USC 6101 et seq Age Discrimination Act of 1975

CFR Citation:  45 CFR 90

Legal Deadline:  NPRM, Statutory, September 10, 1979.
45 CFR 90 requires publication of the NPRM no later than 90 days after 
publication of government-wide rule, and submission to HHS of final 
rule within 120 days of NPRM.

Abstract: The proposed regulatory action is necessary to comply with 
the Department's statutory and regulatory obligations under the Age 
Discrimination Act of 1975, as amended (the ``Act''). The Act and the 
general, government-wide implementing rule issued by the Department of 
Health and Human Services (HHS) (45 CFR 90) require each Federal agency 
providing financial assistance to any program or activity to publish 
proposed regulations implementing the Act no later than 90 days after 
the publication date of the government-wide rule, and to submit final 
agency regulations to HHS no later than 120 days after publication of 
the NPRM. As a practical matter, while DOL has not issued proposed or 
final regulations under the Age Discrimination Act, it has complied 
with its enforcement obligations. Furthermore, discrimination on the 
basis of age is prohibited under Section 167 of the Job Training 
Partnership Act of 1982, and the implementing regulations at 29 CFR 34.

Timetable:
_______________________________________________________________________

Action                            Date                      FR Cite

_______________________________________________________________________

NPRM                            04/00/95

Small Entities Affected: None

Government Levels Affected: None

Agency Contact: Annabelle T. Lockhart, Director, Directorate of Civil 
Rights, Department of Labor, Office of the Assistant Secretary for 
Administration and Management, 200 Constitution Avenue NW., Room N4123, 
FP Building, Washington, DC 20210, 202 219-8927

RIN: 1291-AA21



______________________________________________________________________

DEPARTMENT OF LABOR (DOL)                             Final Rule Stage
Office of the Assistant Secretary for Administration and Management 
(OASAM)
______________________________________________________________________

2138.  UNIFORM ADMINISTRATIVE REQUIREMENTS FOR GRANTS AND 
COOPERATIVE AGREEMENTS TO STATE AND LOCAL GOVERNMENTS (THRESHOLDS)

Priority:  Informational

Legal Authority:  OMB Circular A-110

CFR Citation:  29 CFR 97

Legal Deadline: None

Abstract: On March 11, 1988, a common final rule was published which 
implemented OMB Circular A-102, Administrative Requirements for Grants 
and Cooperative Agreements with State and Local Governments. OMB and 
DHS prepared a proposed common rule and revised Circular A-110 to 
conform the grants management requirements for nongovernment grantees 
with government grants. The common rule already published on 
governmental grantees was amended to incorporate nongovernmental 
grants.

Timetable:
_______________________________________________________________________

Action                            Date                      FR Cite

_______________________________________________________________________

NPRM                            10/25/94                    59 FR 53706
NPRM Comment Period End         12/27/94                    59 FR 53706
Final Action                    04/00/95

Small Entities Affected: None

Government Levels Affected: State

Additional Information: OMB published in the Federal Register on 
November 29, 1994, the final revision to OMB Circular A-110, Uniform 
Administrative Requirements for Grants and Agreements with Institutions 
of Higher Education, Hospitals and Other Non-profit Organizations. OMB 
notes that Federal agencies responsible for awarding and administering 
grants to and other agreements with organizations described in this 
Circular ``shall adopt the language in the Circular unless different 
provisions are required by the Federal statute or are approved by OMB. 
DAPP/OAI formed a committee in January 1944 to implement the Circular. 
Committee members reached agreement on implementation in April 1994. 
The Office of the Solicitor reviewed and cleared the implementation 
plan on July 13, 1994. [[Page 23570]] 

Agency Contact: Melvin Goldberg, Director, Office of Procurement and 
Grant Policy, Department of Labor, Office of the Assistant Secretary 
for Administration and Management, 200 Constitution Avenue NW., Room 
S1522, FP Building, Washington, DC 20210, 202 219-9174

RIN: 1291-AA22
______________________________________________________________________




______________________________________________________________________

DEPARTMENT OF LABOR (DOL)                             Final Rule Stage
Office of the Assistant Secretary for Administration and Management 
(OASAM)
______________________________________________________________________


2139.  NONPROCUREMENT DEBARMENT AND SUSPENSION COMMON RULE 
TO ACHIEVE RECIPROCITY WITH PROCUREMENT

Priority:  Substantive, Nonsignificant

Legal Authority:  5 USC 552 to 556; EO 12549; Federal Acquisition 
Streamlining Act of 1994

CFR Citation:  29 CFR 98

Legal Deadline: None

Abstract: The proposed revision to the nonprocurement common rule is 
issued in response to Executive Order 12689 and section 2455 of the 
Federal Acquisition Streamlining Act of 1994 (``the Act'') which was 
signed into law October 13, 1994. E.O. 12689 requires agencies to 
establish regulations for reciprocal government-wide effect across 
procurement and nonprocurement areas for each agency's debarment and 
suspension actions, after technical differences between the procurement 
and nonprocurement regulations governing debarments and suspensions are 
resolved. Section 2455 of the Act provides that the debarment, 
suspension, or other exclusions of a participant in a procurement 
activity under the Federal Acquisition Regulation, or in a 
nonprocurement activity under regulations issued pursuant to E.O. 
12549, shall be given reciprocal government-wide effect.

Timetable:
_______________________________________________________________________

Action                            Date                      FR Cite

_______________________________________________________________________

NPRM                            12/20/94                    59 FR 65616
NPRM Comment Period End         02/21/95                    59 FR 65616


Next Action Undetermined

Small Entities Affected: Businesses

Government Levels Affected: None

Procurement: This is a procurement-related action for which there is a 
statutory requirement. There is no paperwork burden associated with 
this action.

Agency Contact: Melvin Goldberg, Director, Office of Procurement & 
Grant Policy, Department of Labor, Office of the Assistant Secretary 
for Administration and Management, 200 Constitution Avenue NW., Room 
S1522, FP Building, Washington, DC 20210, 202 219-9174

RIN: 1291-AA23



______________________________________________________________________

DEPARTMENT OF LABOR (DOL)                   Completed/Longterm Actions
Office of the Assistant Secretary for Administration and Management 
(OASAM)
______________________________________________________________________

2140. NEW RESTRICTIONS ON LOBBYING

Legal Authority:  31 USC 1352; PL 101-121, Sec 319; 5 USC 301 
Reorganization Plan No. 6 of 1950

CFR Citation:  29 CFR 93

Legal Deadline: None

Abstract: This rule is in response to section 319 of Public Law 101-
121. Section 319 generally prohibits recipients of Federal contracts, 
grants, and loans from using appropriated funds for lobbying the 
Executive or Legislative Branches of the Federal Government in 
connection with a specific contract, grant, or loan. Section 319 also 
requires that each person who requests or receives a Federal contract, 
grant, cooperative agreement, loan, or a Federal commitment to insure 
or guarantee a loan, must disclose lobbying.

Timetable:
_______________________________________________________________________

Action                            Date                      FR Cite

_______________________________________________________________________

Interim Final Rule              02/26/90                     55 FR 6736
Withdrawn - No action 
anticipated within the next 12 
months.                         04/01/95

Small Entities Affected: None

Government Levels Affected: State, Local

Agency Contact: Melvin Goldberg, Director, Office of Procurement and 
Grant Policy, Department of Labor, Office of the Assistant Secretary 
for Administration and Management, 200 Constitution Avenue NW., Room 
S1522, FP Building, Washington, DC 20210, 202 219-9174

RIN: 1291-AA18
______________________________________________________________________




______________________________________________________________________

DEPARTMENT OF LABOR (DOL)                   Completed/Longterm Actions
Office of the Assistant Secretary for Administration and Management 
(OASAM)
______________________________________________________________________


2141.  ADMINISTRATIVE GRANTS AND COOPERATIVE AGREEMENTS TO 
GOVERNMENT AND NONPROFIT INSTITUTIONS

Legal Authority:  OMB Circular A-110

CFR Citation:  29 CFR 97

Legal Deadline: None

Abstract: On March 11, 1988, a common final rule was published which 
implemented OMB Circular A-102, Administrative Requirements for Grants 
and Cooperative Agreements with State and local governments. OMB and 
DHHS have prepared a proposed common rule and revised Circular A-110 to 
conform the grants management requirements for nongovernmental grantees 
with government grants. The common rule already published on 
governmental grantees will be amended to incorporate nongovernmental 
grants.

Timetable:
_______________________________________________________________________

Action                            Date                      FR Cite

_______________________________________________________________________

NPRM                            11/04/88                    53 FR 44710
NPRM Comment Period End         01/03/89                    53 FR 44710
Final Action                    07/27/94                    59 FR 38270
Final Action Effective          07/27/94                    59 FR 38270

Small Entities Affected: None

Government Levels Affected: State, Local

Agency Contact: Melvin Goldberg, Director, Office of Procurement and 
Grant Policy, Department of Labor, Office of the Assistant Secretary 
for Administration and Management, 200 Constitution Avenue NW., Room 
S1527, FP Bldg., Washington, DC 20210, 202 219-9174

RIN: 1291-AA24


[[Page 23571]] 
______________________________________________________________________

DEPARTMENT OF LABOR (DOL)                          Proposed Rule Stage
Occupational Safety and Health Administration (OSHA)
______________________________________________________________________

2142. RESPIRATORY PROTECTION (PROPER USE OF MODERN RESPIRATORS)

Priority:  Other Significant

Legal Authority:  29 USC 655(b)

CFR Citation:  29 CFR 1910.134; 29 CFR 1915.152; 29 CFR 1918.102; 29 
CFR 1926.103

Legal Deadline: None

Abstract: Under the Reagan Administration, OSHA issued an ANPRM on 
respirators to address 6,850-11,000 cancer fatalities and 66,500 
illnesses occurring annually. Existing standards had been in place for 
more than 20 years and did not take into consideration the current 
state-of-the-art for respiratory protection. In addition, the general 
industry standard for respirators contains redundancies and includes 
several advisory provisions which should be eliminated or changed. OSHA 
reviewed the current standards and issued a proposal to modernize the 
requirements on November 15, 1994 (59 FR 58884). In developing the 
proposal, OSHA worked closely with the National Institute of 
Occupational Safety and Health (NIOSH) and the Mine Safety and Health 
Administration (MSHA). The public comment period was extended until 
April 14, 1995 and public hearings will begin June 6, 1995.

Timetable:
_______________________________________________________________________

Action                            Date                      FR Cite

_______________________________________________________________________

ANPRM                           05/14/82                    47 FR 20803
ANPRM Comment Period End        09/13/82
Public Comment Period on 
Preproposal Draft Ends          11/29/85
NPRM                            09/00/96

Small Entities Affected: Undetermined

Government Levels Affected: Undetermined

Agency Contact: John Martonik, Acting Director, Health Standards 
Programs, Department of Labor, Occupational Safety and Health 
Administration, 200 Constitution Ave. NW., Rm N3718, FP Bldg., 
Washington, DC 20210, 202 219-7075

RIN: 1218-AA05
______________________________________________________________________



______________________________________________________________________

DEPARTMENT OF LABOR (DOL)                          Proposed Rule Stage
Occupational Safety and Health Administration (OSHA)
______________________________________________________________________

2143. STEEL ERECTION (PART 1926) (SAFETY PROTECTION FOR 
IRONWORKING)

Priority:  Economically Significant

Legal Authority:  29 USC 655; 40 USC 333

CFR Citation:  29 CFR 1926.750 (Revision); 29 CFR 1926.751 (Revision); 
29 CFR 1926.752 (Revision)

Legal Deadline: None

Abstract: In 1989, OSHA was petitioned by the Iron Workers and National 
Erectors Association to revise its construction safety standard 
concerning steel erection activities through the negotiated rulemaking 
process. The existing standard contains requirements for the safe 
erection of steel buildings as well as requirements dealing with fall 
protection for ironworking during the erection process. The magnitude 
of the risk associated with steel erection activities is extremely 
high. It is estimated that over 100 workers are killed every year in 
falls from elevations during steel erection activities. Falls are 
currently the number one killer of construction workers, and since the 
erection of buildings necessarily involves high exposure to falls, the 
central focus of this rule will be to eliminate or reduce the risks 
associated with falls. All other construction trades are afforded a 
higher level of protection from falls by other rules in the 
construction safety and health standards.
OSHA announced in the December 29, 1992, Federal Register that it 
intended to form a negotiated rulemaking advisory committee to develop 
a proposed rule on this issue. The notice identified four primary 
issues to be negotiated including: the need to expand the scope and 
application of the existing standard; construction specifications and 
workplaces; written construction safety erection plans; and fall 
protection. Comments on forming the committee and nominations for 
representation on the committee were received through March 29, 1993. 
On May 11, 1994, OSHA announced establishment of the Steel Erection 
Negotiated Rulemaking Advisory Committee (SENRAC). The SENRAC has met 
in Bethesda, MD on June 14-16; Denver, CO on July 11-13; Boston, MA on 
August 16-18; in Washington, DC on September 20-22; in St. Louis, MO on 
November 8-10; and in Washington, DC on December 6-8.
The use of negotiated rulemaking process is thought to be the best 
approach to resolving the issues involving steel erection safety since 
the Agency has attempted other approaches over the last 10 years 
without success. The negotiated rulemaking process is bringing the 
interested parties together in an attempt to achieve consensus on these 
issues.

Timetable:
_______________________________________________________________________

Action                            Date                      FR Cite

_______________________________________________________________________

Notice of Committee 
Establishment                   05/11/94                    59 FR 24389
NPRM                            00/00/00

Small Entities Affected: Undetermined

Government Levels Affected: None

Agency Contact: Thomas H. Seymour, Acting Director, Safety Standards 
Programs, Department of Labor, Occupational Safety and Health 
Administration, 200 Constitution Avenue NW., Rm N3605, FP Building, 
Washington, DC 20210, 202 219-8061

RIN: 1218-AA65
______________________________________________________________________



______________________________________________________________________

DEPARTMENT OF LABOR (DOL)                          Proposed Rule Stage
Occupational Safety and Health Administration (OSHA)
______________________________________________________________________

2144. RECORDING AND REPORTING OCCUPATIONAL INJURIES AND ILLNESSES 
(SIMPLIFIED INJURY/ILLNESS RECORDKEEPING REQUIREMENTS)

Priority:  Other Significant

Legal Authority:  29 USC 657; 29 USC 673

CFR Citation:  29 CFR 1904.1

Legal Deadline: None

Abstract: Concerns about the reliability and utility of injury and 
illness data have been raised by Congress, NIOSH, BLS, the National 
Academy of Sciences, OMB, the General Accounting Office, business, 
labor, as well as OSHA. In the late 1980's, a professional facilitator 
group, the Keystone Group, brought together representatives of 
industry, labor, government, and academia to discuss problems with 
OSHA's recordkeeping system. This group issued a report with 
recommendations to OSHA on how to improve the system. OSHA's revisions 
are based on this report.
The revisions of the regulations, forms, and associated interpretive 
material are being undertaken to simplify the injury and illness 
recordkeeping system. Benefits will include (1) A system that is easier 
for employers, employees and government personnel to use; (2) 
[[Page 23572]] increased reliability and utility of the records; (3) 
availability of comprehensive records of the injury and illness 
experience at a given site; and (4) enhanced employee involvement and 
awareness in safety and health matters.

Timetable:
_______________________________________________________________________

Action                            Date                      FR Cite

_______________________________________________________________________

NPRM                            06/00/95

Small Entities Affected: Businesses, Governmental Jurisdictions, 
Organizations

Government Levels Affected: State, Local

Sectors Affected:  All

Agency Contact: Stephen A. Newell, Director, Office of Statistics, 
Department of Labor, Occupational Safety and Health Administration, 200 
Constitution Avenue NW., Room N3507, FP Building, Washington, DC 20210, 
202 219-6463

RIN: 1218-AB24
______________________________________________________________________



______________________________________________________________________

DEPARTMENT OF LABOR (DOL)                          Proposed Rule Stage
Occupational Safety and Health Administration (OSHA)
______________________________________________________________________

2145. CONTROL OF HAZARDOUS ENERGY (LOCKOUT/TAGOUT)--CONSTRUCTION 
(PART 1926) (PREVENTING CONSTRUCTION INJURIES/FATALITIES: LOCKOUT/TAGOUT)

Priority:  Substantive, Nonsignificant

Legal Authority:  29 USC 655(b)

CFR Citation:  29 CFR 1926

Legal Deadline: None

Abstract: OSHA was petitioned by UAW in May 1979 to issue an emergency 
temporary standard for locking out machinery and equipment. OSHA did 
not issue an emergency temporary standard, but did issue a general 
industry rule on September 1, 1989 (54 FR 36644). Still, OSHA has not 
yet issued a rule for the preventing accidents during equipment repair 
and maintenance for the construction industry. 4,000,000 workers 
annually are exposed to this hazard in the workplace. As a result, OSHA 
intends to issue a proposal to address this industry.
Hazards at construction sites resulting from the absence of effective 
lockout/tagout procedures to control hazardous energy appear to be 
caused by several factors, all associated with the nature of the 
construction industry. These factors basically related to such 
considerations as the types of machines and equipment found in 
construction; the makeup of the industry in which employment is 
relatively ``short term,'' lasting only as long as the length of the 
current project; the presence of multiple employers having different 
employer/employee relationships and the temporary nature of the ``in-
the-field'' maintenance activity. OSHA expects the proposal to address 
lockout-related hazards in those construction work-site areas in which 
the available data indicate these hazards to be major.

Timetable:
_______________________________________________________________________

Action                            Date                      FR Cite

_______________________________________________________________________

NPRM                            12/00/95

Small Entities Affected: Undetermined

Government Levels Affected: Undetermined

Agency Contact: Thomas H. Seymour, Acting Director, Safety Standards 
Programs, Department of Labor, Occupational Safety and Health 
Administration, 200 Constitution Avenue NW., Room N3605, FP Building, 
Washington, DC 20210, 202 219-8061

RIN: 1218-AB30
______________________________________________________________________



______________________________________________________________________

DEPARTMENT OF LABOR (DOL)                          Proposed Rule Stage
Occupational Safety and Health Administration (OSHA)
______________________________________________________________________

2146. POWERED INDUSTRIAL TRUCK OPERATOR TRAINING (INDUSTRIAL TRUCK 
SAFETY TRAINING)

Priority:  Substantive, Nonsignificant

Legal Authority:  29 USC 655(b)

CFR Citation:  29 CFR 1910.178

Legal Deadline: None

Abstract: This is the second leading cause of fatalities in the private 
sector, behind only highway vehicle fatalities. On average, there are 
107 fatalities and 38,330 injuries annually in the workplace.
The present standard has proven to be ineffective in reducing the 
number of accidents involving powered industrial trucks. As a result, 
there has been strong Congressional interest that OSHA issue a new 
standard to more effectively address this hazard. OSHA intends to 
revise the present standard to increase its effectiveness by requiring, 
in performance language, initial and refresher training as necessary. 
The frequency of the refresher training will be based upon the ability 
of the vehicle operator to retain the knowledge, skills and abilities 
to perform the job safely. OSHA will also given guidance as to what 
information the instruction should include. There will also be other 
amendments to the standard to increase its effectiveness.

Timetable:
_______________________________________________________________________

Action                            Date                      FR Cite

_______________________________________________________________________

NPRM                            03/14/95                    60 FR 13782
NPRM Comment Period End         07/12/95
Final Action                    09/00/97

Small Entities Affected: Undetermined

Government Levels Affected: Undetermined

Agency Contact: Thomas H. Seymour, Acting Director, Safety Standards 
Programs, Department of Labor, Occupational Safety and Health 
Administration, 200 Constitution Avenue NW., Room N3605, FP Building, 
Washington, DC 20210, 202 219-8061

RIN: 1218-AB33
______________________________________________________________________



______________________________________________________________________

DEPARTMENT OF LABOR (DOL)                          Proposed Rule Stage
Occupational Safety and Health Administration (OSHA)
______________________________________________________________________

2147. ERGONOMIC PROTECTION STANDARD

Priority:  Economically Significant

Legal Authority:  29 USC 655(b); 40 USC 333

CFR Citation:  29 CFR 1910; 29 CFR 1915; 29 CFR 1917; 29 CFR 1918; 29 
CFR 1926; 29 CFR 1928

Legal Deadline: None

Abstract: Under the Bush Administration, OSHA issued an ANPRM on 
ergonomics on August 3, 1992 (57 FR 34192). The Bureau of Labor 
Statistics (BLS) has reported the number of reported ``disorders 
associated with repeated trauma'' have more than tripled since 1984. 
BLS reported 302,000 cases of these potentially crippling disorders in 
1993. The cost of musculoskeletal disorders is also increasing rapidly. 
Workers may become permanently disabled, or require costly treatments 
such as surgery. Musculoskeletal disorders account for an increasingly 
large proportion of workers' compensation costs, and for other costs 
such as those related to lost work days. OSHA received about 280 
comments in response to the ANPRM comment period. OSHA is reviewing 
these comments, as well as available scientific literature and 
enforcement data. In addition, OSHA conducted a 
[[Page 23573]] telephone survey of firms to collect more information 
about current programs in industry addressing problems related to 
ergonomics. The data OSHA has obtained and analyzed indicate that 
employees are at a significant risk of developing or aggravating 
musculoskeletal disorders due to exposure to risk factors in the 
workplace. In addition, information OSHA has obtained from site visits, 
scientific literature, compliance experience, and other resources 
indicate that there are economically and technologically feasible means 
of addressing and reducing these risks to prevent the development or 
aggravation of such disorders, or to reduce their severity.

Timetable:
_______________________________________________________________________

Action                            Date                      FR Cite

_______________________________________________________________________

ANPRM                           08/03/92                    57 FR 34192
ANPRM Comment Period End        02/01/93
NPRM                            00/00/00

Small Entities Affected: Businesses

Government Levels Affected: Undetermined

Agency Contact: Barbara Silverstein, Special Assistant for Ergonomic 
Programs, Department of Labor, Occupational Safety and Health 
Administration, 200 Constitution Avenue NW., Room N3476, FP Building, 
Washington, DC 20210, 202 219-8020

RIN: 1218-AB36
______________________________________________________________________



______________________________________________________________________

DEPARTMENT OF LABOR (DOL)                          Proposed Rule Stage
Occupational Safety and Health Administration (OSHA)
______________________________________________________________________

2148. COMPREHENSIVE OCCUPATIONAL SAFETY AND HEALTH PROGRAMS

Priority:  Economically Significant

Legal Authority:  29 USC 655

CFR Citation:  29 CFR 1910; 29 CFR 1915; 29 CFR 1917; 29 CFR 1918; 29 
CFR 1926; 29 CFR 1928

Legal Deadline: None

Abstract: Under the Bush Administration, OSHA adopted nonmandatory 
guidance for safety and health program management on January 26, 1989 
(54 FR 3904). These guidelines were based on the safety and health 
management practices used by employers that have implemented successful 
comprehensive programs. The major elements OSHA identified are (1) 
management commitment and employee involvement, (2) worksite analysis 
to anticipate and prevent harmful occurrences, (3) hazard prevention 
afforded to employees, and (4) safety and health training. Successfully 
implemented programs generally have a lower incidence of 
occupationally-related illnesses and injuries. In particular, OSHA has 
found that companies that have implemented comprehensive safety and 
health programs and are participating in the Voluntary Protection 
Program have lost workday case rates that range from one-fifth to one-
third the rates experienced by average worksites within their 
industrial classification. In addition, participating sites reported 
improved employee morale and productivity as a secondary benefit. There 
has been strong Congressional interest on this issue with legislation 
introduced in both Houses in the past several sessions. The General 
Accounting Office issued a report entitled, ``Workplace Safety and 
Health Programs Show Promise,'' (GAO/HRD 92-68; May 1992) which 
suggested that these programs can be a positive effect on safety and 
health at the worksite.
OSHA plans to publish a proposal that will address the need for 
employers to develop and implement a safety and health program for 
their workplaces to protect the potentially 90,000,000 workers at risk. 
OSHA will raise other issues, including how programs will pertain to 
small businesses.

Timetable:
_______________________________________________________________________

Action                            Date                      FR Cite

_______________________________________________________________________

NPRM                            00/00/00

Small Entities Affected: Businesses

Government Levels Affected: Federal

Agency Contact: Thomas H. Seymour, Acting Director, Safety Standards 
Programs, Department of Labor, Occupational Safety and Health 
Administration, 200 Constitution Avenue NW., Room N3605, FP Building, 
Washington, DC 20210, 202 219-8061

RIN: 1218-AB41
______________________________________________________________________



______________________________________________________________________

DEPARTMENT OF LABOR (DOL)                          Proposed Rule Stage
Occupational Safety and Health Administration (OSHA)
______________________________________________________________________

2149. OCCUPATIONAL EXPOSURE TO HEXAVALENT CHROMIUM (PREVENTING 
OCCUPATIONAL ILLNESS: CHROMIUM)

Priority:  Other Significant

Legal Authority:  Not yet determined

CFR Citation:  29 CFR 655(b); 29 CFR 657

Legal Deadline: None

Abstract: On July 19, 1993, the Oil, Chemical, and Atomic Workers 
International Union (OCAW) and Public Citizen's Health Research Group 
(HRG) petitioned for an emergency temporary standard to lower the 
permissible exposure limit (PEL) for hexavalent chromium compounds 
(CrCL) to 0.5 micrograms of hexavalent chromium per cubic meter of air 
(ug/ms) as an eight hour, time weighted average (TWA). The current PEL 
is 100 ug/m3, as an 8-hour time-weighted average. Occupational exposure 
to hexavalent chromium is known to cause lung cancer, bronchial asthma, 
nasal septum perforations, skin ulcers, and irritative dermatitis. CrVL 
includes chromic acid, chromates, lead chromate, and zinc chromate, all 
measured as Cr03. OSHA thoroughly reviewed the petition. While OSHA 
agrees that there is clear evidence that exposure to CrVL at the 
current PEL of 100 ug/m3 can result in significant risk of lung cancer 
and other CrVL-related illnesses, based on the Agency's analysis, OSHA 
finds that the currently available data are not sufficiently definitive 
in certain critical areas to support the need for an ETS, particularly 
in light of the extremely stringent statutory criteria for issuing and 
sustaining such action. While OSHA is denying the petition for an ETS, 
the Agency will issue a Section 6(b) rulemaking action to be 
responsible to the stakeholders' requests and to protect the 200,000-
700,000 workers exposed to hazards of chromium annually.

Timetable:
_______________________________________________________________________

Action                            Date                      FR Cite

_______________________________________________________________________

NPRM                            12/00/95

Small Entities Affected: Businesses

Government Levels Affected: Undetermined

Agency Contact: John Martonik, Acting Director, Health Standards 
Programs, Department of Labor, Occupational Safety and Health 
Administration, 200 Constitution Avenue NW., Room N3718, FP Building, 
Washington, DC 20210, 202 219-7075

RIN: 1218-AB45


______________________________________________________________________


______________________________________________________________________

DEPARTMENT OF LABOR (DOL)                          Proposed Rule Stage
Occupational Safety and Health Administration (OSHA)
______________________________________________________________________

[[Page 23574]]
2150. OCCUPATIONAL EXPOSURE TO TUBERCULOSIS

Priority:  Economically Significant

Legal Authority:  29 USC 655(b)

CFR Citation:  Not yet determined

Legal Deadline: None

Abstract: Since 1985, the rate of new cases of tuberculosis in the 
general U.S. population has increased approximately 23 percent 
reversing a 30-year downward trend. In 1992, more than 26,000 new cases 
of active tuberculosis were reported in the U.S. In New York City 
alone, 3,700 cases of active tuberculosis were reported in 1991. TB is 
a contagious disease that causes infections of the lung primarily, but 
which can occur in other areas of the body. Some of the symptoms are 
fatigue, weight loss, fever, night sweats, loss of appetite, persistent 
cough and shortness of breath, which may result in serious respiratory 
illness or death.
On August 25, 1993, OSHA was petitioned by the Labor Coalition to right 
TB in the Workplace to initiate rulemaking for a permanent standard to 
protect workers against occupational transmission of TB. Although the 
Centers for Disease Control and Prevention (CDC) have developed 
recommendations for controlling the spread of TB in several work 
settings (correctional institutions, health care facilities,homeless 
shelters, long-term care facilities, for the elderly, and drug 
treatment centers), the petitioners stated that in every recent TB 
outbreak investigated by the CDC, noncompliance with CDC's TB control 
guidelines was evident. After reviewing the available information, OSHA 
preliminarily concluded that significant risk of occupational 
transmission of TB does exist for some workers. The Agency is currently 
developing a proposed rule that would require certain employers to take 
steps to eliminate or minimize employee exposure to TD.

Timetable:
_______________________________________________________________________

Action                            Date                      FR Cite

_______________________________________________________________________

NPRM                            10/00/95

Small Entities Affected: Undetermined

Government Levels Affected: Undetermined

Agency Contact: John Martonik, Acting Director, Health Standards 
Programs, Department of Labor, Occupational Safety and Health 
Administration, 200 Constitution Avenue NW., Room N3718, FP Building, 
Washington, DC 20210, 202 219-7075

RIN: 1218-AB46
______________________________________________________________________



______________________________________________________________________

DEPARTMENT OF LABOR (DOL)                          Proposed Rule Stage
Occupational Safety and Health Administration (OSHA)
______________________________________________________________________

2151. CONFINED SPACES FOR CONSTRUCTION (PART 1926) (CONSTRUCTION: 
PREVENTING SUFFOCATION/EXPLOSIONS IN CONFINED SPACES)

Priority:  Substantive, Nonsignificant

Legal Authority:  29 USC 655(b)

CFR Citation:  Not yet determined

Legal Deadline: None

Abstract: In January 1993, OSHA issued a general industry rule on 
preventing suffocation/explosions in confined spaces. (58 FR 4462) This 
standard did not apply to the construction industry because of 
differences in the nature of the worksite. In discussions with the 
United Steel Workers of America on a settlement agreement for the 
general industry standard, OSHA agreed to issue a standard to extend 
the protection to construction workers, appropriate to their work 
environment. 1,000,000 construction workers are exposed to this hazard 
annually.

Timetable:
_______________________________________________________________________

Action                            Date                      FR Cite

_______________________________________________________________________

NPRM                            12/00/95

Small Entities Affected: Undetermined

Government Levels Affected: None

Agency Contact: Thomas H. Seymour, Acting Director, Safety Standards 
Programs, Department of Labor, Occupational Safety and Health 
Administration, 200 Constitution Avenue NW., Room N3605, FP Building, 
Washington, DC 20210, 202 219-8061

RIN: 1218-AB47
______________________________________________________________________



______________________________________________________________________

DEPARTMENT OF LABOR (DOL)                          Proposed Rule Stage
Occupational Safety and Health Administration (OSHA)
______________________________________________________________________

2152. MISCELLANEOUS AMENDMENTS TO THE SAFETY STANDARDS FOR THE 
CONSTRUCTION INDUSTRY (PART 1926) (CONSTRUCTION: CLARIFICATIONS AND 
UPDATES OF MISCELLANEOUS PROVISIONS)

Priority:  Substantive, Nonsignificant

Legal Authority:  29 USC 655(b)

CFR Citation:  29 CFR 1916.31(a); 29 CFR 1926.28; 29 CFR 1926.1; 29 CFR 
1926.16; 29 CFR 1926.1050(a); 29 CFR 1926.1053(a)(6)(i); 29 CFR 
1926.1050(b)

Legal Deadline: None

Abstract: As endorsed by the Advisory Committee on Construction for 
Occupational Safety and Health, this OSHA standard will clarify and 
revise several relatively minor problems with existing construction 
safety standards to ease compliance with the requirements. Some 
examples of such problems are: (1) an inability to enforce the 
voluntary provisions of consensus standards, (2) a general personal 
protective equipment requirement that cannot be enforced unless a 
specific requirement exists elsewhere in the standard, (3) ambiguity 
about the application of certain subparts of the construction safety 
standards that are intended to apply to only Federal and Federally-
financed or Federally-assisted construction projects and not to other 
projects, (4) ambiguity about the application of the stairways and 
ladders standards to scaffolds, (5) any other problems of a similar 
magnitude that are discovered during the development of the NPRM.

Timetable:
_______________________________________________________________________

Action                            Date                      FR Cite

_______________________________________________________________________

NPRM                            12/00/95

Small Entities Affected: Undetermined

Government Levels Affected: None

Agency Contact: Thomas H. Seymour, Acting Director, Safety Standards 
Programs, Department of Labor, Occupational Safety and Health 
Administration, 200 Constitution Avenue NW., Room N3605, FP Building, 
Washington, DC 20210, 202 219-8061

RIN: 1218-AB48
______________________________________________________________________



______________________________________________________________________

DEPARTMENT OF LABOR (DOL)                          Proposed Rule Stage
Occupational Safety and Health Administration (OSHA)
______________________________________________________________________

2153. GENERAL WORKING CONDITIONS IN SHIPYARDS (PART 1915, SUBPART 
F) (PHASE II) (SHIPYARDS: GENERAL WORKING CONDITIONS)

Priority:  Substantive, Nonsignificant

Legal Authority:  29 USC 655(b); 33 USC 941

CFR Citation:  29 CFR 1915.1 et seq; 29 CFR 1915.31 et seq; 29 CFR 
1915.91 et seq; 29 CFR 1915.111 et seq; 29 CFR 1915.131 et seq; 29 CFR 
1915.161 et seq; 29 CFR 1915.171 et seq; 29 CFR 1915.181; 29 CFR 
1910.13 et seq; 29 CFR 1910.14; 29 CFR 1910.15; 29 CFR 
[[Page 23575]] 1910.95; 29 CFR 1910.96; 29 CFR 1910.97; 29 CFR 
1910.141; ...

Legal Deadline: None

Abstract: Under the Reagan Administration, OSHA embarked on a project 
to update and consolidate the varying OSHA standards that were applied 
in the shipbuilding, shiprepair, and shipbreaking industry. A shipyard 
employer was subject to both the ``shipyard'' standards that applied 
only to shipboard hazards and OSHA's general industry standards for 
landside operations. This resulted in inconsistent, and sometimes 
contradictory, requirements for essentially the same operation. Phase 1 
of this project aimed at establishing a truly vertical standard for 
shipyard employment and addressed six subparts of shipyard employment 
safety standards (Confined Spaces, Welding, Access/Egress, Personal 
Protective Equipment, Fall Protection and Scaffolding). Proposals on 
these hazards were issued in November 1988 (53 FR 48092). The remaining 
hazards were categorized as Phase II of the consolidation project 
(including general work practices and fire safety). This action is 
endorsed by the Shipyard Advisory Committee which was chartered in 1989 
to update and consolidate existing shipyard standards. This particular 
proposal will consolidate and update the provisions of 29 CFR 1910 
(general industry) and 29 CFR (shipyard employment) into one 
comprehensive Part 1915 that will apply to all activities and areas in 
shipyards. The operations that are addressed in this subpart relate to 
housekeeping, illumination, sanitation, first aid, and lockout/tagout. 
About 75,000 workers are exposed annually to these hazards.

Timetable:
_______________________________________________________________________

Action                            Date                      FR Cite

_______________________________________________________________________

NPRM                            12/00/95

Small Entities Affected: None

Government Levels Affected: None

Agency Contact: Thomas H. Seymour, Acting Director, Safety Standards 
Programs, Department of Labor, Occupational Safety and Health 
Administration, 200 Constitution Avenue NW., Room N3605, FP Building, 
Washington, DC 20210, 202 219-8061

RIN: 1218-AB50
______________________________________________________________________



______________________________________________________________________

DEPARTMENT OF LABOR (DOL)                          Proposed Rule Stage
Occupational Safety and Health Administration (OSHA)
______________________________________________________________________

2154. FIRE PROTECTION IN SHIPYARD EMPLOYMENT (PART 1915, SUBPART P) 
(PHASE II) (SHIPYARDS: FIRE SAFETY)

Priority:  Substantive, Nonsignificant

Legal Authority:  29 USC 655(b); 33 USC 941

CFR Citation:  29 CFR 1915.1 et seq; 29 CFR 1915.31 et seq; 29 CFR 
1915.91 et seq; 29 CFR 1915.111 et seq; 29 CFR 1915.131 et seq; 29 CFR 
1915.161 et seq; 29 CFR 1915.171 et seq; 29 CFR 1915.181; 29 CFR 
1910.13 et seq; 29 CFR 1910.14; 29 CFR 1910.15; 29 CFR 1910.95; 29 CFR 
1910.96; 29 CFR 1910.97; 29 CFR 1910.141; ...

Legal Deadline: None

Abstract: Under the Reagan Administration, OSHA embarked on a project 
to update and consolidate the varying OSHA standards that were applied 
in the shipbuilding, ship repair, and shipbreaking industry. A shipyard 
employer was subject to both the ``shipyard'' standards that applied 
only to shipboard hazards and OSHA's general industry standards for 
landslide operations. This resulted in inconsistent, and sometimes 
contradictory, requirements for essentially the same operation. Phase 1 
of this project aimed at establishing a truly vertical standard for 
shipyard employment and addressed six subparts of shipyard employment 
safety standards (Confined Spaces, Welding, Access/Egress, Personal 
Protective Equipment, Fall Protection and Scaffolding). Proposals on 
these hazards were issued in November 1988 (53 FR 48092). The remaining 
hazards were categorized as Phase II of the consolidation project 
(including general work practices and fire safety). This action is 
endorsed by the Shipyard Advisory Committee which was chartered in 1989 
to update and consolidate existing shipyard standards. This particular 
proposal will consolidate and update the provisions of 29 CFR 1910 and 
29 CFR 1915 into one comprehensive Part 1915 that will apply to all 
activities and areas in shipyards. The operations that are addressed in 
this subpart relate to fire brigades, fire extinguishers, sprinkler 
systems, detection systems, alarm systems, fire watches, and emergency 
plans. 100,000 workers are potentially exposed to these hazards 
annually.

Timetable:
_______________________________________________________________________

Action                            Date                      FR Cite

_______________________________________________________________________

NPRM                            03/00/96

Small Entities Affected: None

Government Levels Affected: None

Agency Contact: Thomas H. Seymour, Acting Director, Safety Standards 
Programs, Department of Labor, Occupational Safety and Health 
Administration, 200 Constitution Avenue NW., Room N3605, FP Building, 
Washington, DC 20210, 202 219-8061

RIN: 1218-AB51
______________________________________________________________________



______________________________________________________________________

DEPARTMENT OF LABOR (DOL)                          Proposed Rule Stage
Occupational Safety and Health Administration (OSHA)
______________________________________________________________________


2155.  PERMIT REQUIRED CONFINED SPACES (GENERAL INDUSTRY: 
PREVENTING SUFFOCATION/EXPLOSIONS IN CONFINED SPACES)

Priority:  Substantive, Nonsignificant

Legal Authority:  29 USC 655(b)

CFR Citation:  29 CFR 1910-146

Legal Deadline: None

Abstract: OSHA issued a final standard on preventing suffocation/
explosions in confined spaces in general industry on January 14, 1993 
(58 FR 4462). OSHA reached a settlement agreement with the United Steel 
Workers of America in June 1994. As part of this settlement agreement, 
OSHA issued a proposal on November 28, 1994 (59 FR 60735) proposing 
minimal revisions to paragraph (k) of the existing rule to clarify the 
standard and to make compliance easier. OSHA has proposed to state more 
clearly the employer's duty to ensure effective rescue capability for 
employees who enter permit-required confined spaces and to allow more 
flexibility in the point of a retrieval line attachment. OSHA is also 
asking whether the standard should have provisions to provide affected 
employees or their representatives with the opportunity to observe the 
evaluation of confined spaces, including atmospheric testing or 
monitoring, and to have access to evaluation results.

Timetable:
_______________________________________________________________________

Action                            Date                      FR Cite

_______________________________________________________________________

ANPRM                           11/28/94                    59 FR 60735
ANPRM Comment Period End        02/27/95                    59 FR 60735
NPRM                            00/00/00

Small Entities Affected: Undetermined [[Page 23576]] 

Government Levels Affected: None

Agency Contact: Thomas H. Seymour, Acting Director, Safety Standards 
Programs, Department of Labor, Occupational Safety and Health 
Administration, 200 Constitution Avenue NW., Room N3605, FP Building, 
Washington, DC 20210, 202 219-8061

RIN: 1218-AB52



______________________________________________________________________

DEPARTMENT OF LABOR (DOL)                             Final Rule Stage
Occupational Safety and Health Administration (OSHA)
______________________________________________________________________

2156. SCAFFOLDS (PART 1926) (CONSTRUCTION: SAFER SCAFFOLDS)

Priority:  Substantive, Nonsignificant

Legal Authority:  29 USC 655(b); 40 USC 333

CFR Citation:  29 CFR 1926.451; 29 CFR 1926.452; 29 CFR 1910.28; 29 CFR 
1910.29; 29 CFR 1926.752(k)

Legal Deadline: None

Abstract: Under the Reagan Administration, OSHA issued a proposal (51 
FR 42680) to address the 23 fatalities and 15,600 injuries still 
occurring annually from scaffolds in the construction industry. The 
existing OSHA standard is poorly formatted and contains unnecessary 
specific coverage for certain types of scaffolds. The proposal raises 
several significant issues including (1) the use of crossbraces as 
guardrails, (2) the use of fall protection during scaffold erection and 
dismantling operations, and (3) the role of engineers in scaffold 
design.

Timetable:
_______________________________________________________________________

Action                            Date                      FR Cite

_______________________________________________________________________

NPRM                            11/25/86                    51 FR 42680
NPRM Comment Period End         08/14/87                    52 FR 20616
Record Reopened                 03/29/93                    58 FR 16509
Record Reopened                 02/01/94                     59 FR 4615
Final Action                    05/00/95

Small Entities Affected: None

Government Levels Affected: State, Local, Federal

Agency Contact: Thomas H. Seymour, Acting Director, Safety Standards 
Programs, Department of Labor, Occupational Safety and Health 
Administration, 200 Constitution Avenue NW., Room N3605, FP Building, 
Washington, DC 20210, 202 219-8061

RIN: 1218-AA40
______________________________________________________________________




______________________________________________________________________

DEPARTMENT OF LABOR (DOL)                             Final Rule Stage
Occupational Safety and Health Administration (OSHA)
______________________________________________________________________

2157. SAFETY AND HEALTH REGULATIONS FOR LONGSHORING (PART 1918) AND 
MARINE TERMINALS (PART 1917) (SHIPYARDS: PROTECTING LONGSHORING WORKERS)

Priority:  Substantive, Nonsignificant

Legal Authority:  29 USC 655 Occupational Safety and Health Act of 
1970; 33 USC 941 Longshore and Harborworkers Compensation Act

CFR Citation:  29 CFR 1910.16; 29 CFR 1918 (Revision); 29 CFR 1917 
(Revision and Corrections)

Legal Deadline: None

Abstract: Current longshoring standards have been in place since 1960. 
The language in many instances addresses the hazards of cargo handling 
involving methods long since abandoned and fails to address the serious 
hazards of newer methods. Since much of the current standard is out-of-
date, there are problems with compliance. Settlement agreements 
following the 1983 Marine Terminal standard (49 FR 30886), identified 
problems with OSHA's existing longshoring standard. Also, the 
International Longshoremen's and Warehousemen's Union and the National 
Maritime Safety Association requested revisions to the current 
standard. On June 6, 1994, (59 FR 28594) OSHA issued a proposal to 
address the 18 fatalities and 7,593 injuries occurring annually. The 
proposed revised requirements will provide both employers and employees 
with a blueprint for modern, effective, and safe work practices in the 
cargo handling industry. OSHA held public hearings on this proposal and 
the record closed 4/30/95.

Timetable:
_______________________________________________________________________

Action                            Date                      FR Cite

_______________________________________________________________________

NPRM                            06/06/94                    59 FR 28594
NPRM Comment Period End         09/23/94
Final Action                    03/00/96

Small Entities Affected: Businesses

Government Levels Affected: None

Sectors Affected:  44 Water Transportation

Agency Contact: Thomas H. Seymour, Acting Director, Safety Standards 
Programs, Department of Labor, Occupational Safety and Health 
Administration, 200 Constitution Avenue NW., Rm N3605 FP Building, 
Washington, DC 20210, 202 219-8061

RIN: 1218-AA56
______________________________________________________________________




______________________________________________________________________

DEPARTMENT OF LABOR (DOL)                             Final Rule Stage
Occupational Safety and Health Administration (OSHA)
______________________________________________________________________

2158. SCAFFOLDS IN SHIPYARDS (PART 1915 - SUBPART N) (PHASE I) 
(SHIPYARDS: SAFER SCAFFOLDS)

Priority:  Substantive, Nonsignificant

Legal Authority:  29 USC 655(b); 33 USC 941

CFR Citation:  29 CFR 1915.71; 29 CFR 1910.28; 29 CFR 1910.29

Legal Deadline: None

Abstract: Under the Reagan Administration, OSHA embarked on a project 
to update and consolidate the varying OSHA standards that were applied 
in the shipbuilding, shiprepair, and shipbreaking industry. A shipyard 
employer was subject to both the ``shipyard'' standards that applied 
only to shipboard hazards and OSHA's general industry standards for 
landside operations. This resulted in inconsistent, and sometimes 
contradictory, requirements for essentially the same operation.
Phase 1 of this project aimed at establishing a truly vertical standard 
for shipyard employment and addressed six subparts of shipyard 
employment safety standards (Confined Spaces, Welding, Access/Egress, 
Personal Protective Equipment, Fall Protection and Scaffolding). 
Proposals on these hazards were issued in November 1988 (53 FR 48092). 
The remaining hazards were categorized as Phase II of the consolidation 
project (including general work practices and fire safety). This 
[[Page 23577]] action is endorsed by the Shipyard Advisory Committee 
which was chartered in 1989 to update and consolidate existing shipyard 
standards.
This particular regulatory action will revise the existing shipyard 
employment standards covering scaffolds and will consolidate all 
related and applicable 29 CFR part 1910 provisions. It will develop, in 
part, performance-oriented standards, address current gaps in coverage, 
address new technology, and eliminate outmoded and redundant 
provisions.

Timetable:
_______________________________________________________________________

Action                            Date                      FR Cite

_______________________________________________________________________

NPRM                            11/29/88                    53 FR 48182
NPRM Comment Period End         02/27/89
Reopened Record Comment Period 
Ended 6/13/94                   04/12/94                    59 FR 17290
Final Action                    09/00/95

Small Entities Affected: None

Government Levels Affected: None

Additional Information: Applicable part 1910 provisions under 
consideration: 29 CFR 1910.28 - 1910.29.

Agency Contact: Thomas H. Seymour, Acting Director, Safety Standards 
Programs, Department of Labor, Occupational Safety and Health 
Administration, 200 Constitution Avenue NW., Rm N3605, FP Building, 
Washington, DC 20210, 202 219-8061

RIN: 1218-AA68
______________________________________________________________________




______________________________________________________________________

DEPARTMENT OF LABOR (DOL)                             Final Rule Stage
Occupational Safety and Health Administration (OSHA)
______________________________________________________________________

2159. ACCESS AND EGRESS IN SHIPYARDS (PART 1915, SUBPART E) (PHASE 
I) (SHIPYARDS: EMERGENCY EXITS AND AISLES)

Priority:  Substantive, Nonsignificant

Legal Authority:  29 USC 655(b); 33 USC 941

CFR Citation:  29 CFR 1915.72; 29 CFR 1915.74; 29 CFR 1915.75; 29 CFR 
1915.76

Legal Deadline: None

Abstract: Under the Reagan Administration, OSHA embarked on a project 
to update and consolidate the varying OSHA standards that were applied 
in the shipbuilding, shiprepair, and shipbreaking industry. A shipyard 
employer was subject to both the ``shipyard'' standards that applied 
only to shipboard hazards and OSHA's general industry standards for 
landside operations. This resulted in inconsistent, and sometimes 
contradictory, requirements for essentially the same operation.
Phase 1 of this project aimed at establishing a truly vertical standard 
for shipyard employment and addressed six subparts (Confined Spaces, 
Welding, Access/Egress, Personal Protective Equipment, Fall Protection 
and Scaffolding). Proposals on these hazards were issued in November 
1988 (53 FR 48092). The remaining hazards were categorized as Phase II 
of the consolidation project including general work practices and fire 
safety). This action is endorsed by the Shipyard Advisory Committee 
which was chartered in 1989 to update and consolidate existing shipyard 
standards.
This particular standard will revise the existing shipyard employment 
standards covering access and egress and will consolidate all related 
and applicable 29 CFR part 1910 provisions into 29 CFR part 1915. The 
revision will develop, in part, performance-oriented standards, address 
current gaps in coverage, address new technology, and eliminate 
outmoded and redundant provisions. 75,000 workers are potentially 
exposed to these hazards annually.

Timetable:
_______________________________________________________________________

Action                            Date                      FR Cite

_______________________________________________________________________

NPRM                            11/29/88                    53 FR 48130
NPRM Comment Period End         02/27/89
Final Action                    09/00/95

Small Entities Affected: None

Government Levels Affected: State, Local, Federal

Additional Information: Applicable part 1910 provisions under 
consideration: 29 CFR 1910.24-1910.27; 29 CFR 1910.36-1910.37.

Agency Contact: Thomas H. Seymour, Acting Director, Safety Standards 
Programs, Department of Labor, Occupational Safety and Health 
Administration, 200 Constitution Avenue NW., Rm N3605, FP Building, 
Washington, DC 20210, 202 219-8061

RIN: 1218-AA70
______________________________________________________________________




______________________________________________________________________

DEPARTMENT OF LABOR (DOL)                             Final Rule Stage
Occupational Safety and Health Administration (OSHA)
______________________________________________________________________

2160. PERSONAL PROTECTIVE EQUIPMENT IN SHIPYARDS (PART 1915) 
(SHIPYARDS: GOGGLES, GLOVES, AND OTHER PPE)

Priority:  Substantive, Nonsignificant

Legal Authority:  29 USC 655(b); 33 USC 941

CFR Citation:  29 CFR 1915.151; 29 CFR 1915.152; 29 CFR 1915.153; 29 
CFR 1915.154; 29 CFR 1915.155; 29 CFR 1915.156; 29 CFR 1915.157; 29 CFR 
1915.158; 29 CFR 1915.159

Legal Deadline: None

Abstract: Under the Reagan Administration, OSHA embarked on a project 
to update and consolidate the varying OSHA standards that were applied 
in the shipbuilding, shiprepair, and shipbreaking industry. A shipyard 
employer was subject to both the ``shipyard'' standards that applied 
only to shipboard hazards and OSHA's general industry standards for 
landside operations. This resulted in inconsistent, and sometimes 
contradictory, requirements for essentially the same operation.
Phase 1 of this project aimed at establishing a truly vertical standard 
for shipyard employment and addressed six subparts of shipyard 
employment safety standards (Confined Spaces, Welding, Access/Egress, 
Personal Protective Equipment, Fall Protection and Scaffolding). 
Proposals on these hazards were issued in November 1988 (53 FR 48092). 
The remaining hazards were categorized as Phase II of the consolidation 
project (including general work practices and fire safety). This action 
is endorsed by the Shipyard Advisory Committee which was chartered in 
1989 to update and consolidate existing shipyard standards.
This particular standard will be, in part, performance-oriented and 
will address current gaps in coverage, recognizing new technology, and 
eliminate outmoded or redundant provisions. It will consolidate 29 CFR 
part 1915 and applicable 29 CFR part 1910 standards into one set of 
provisions regarding gloves, goggles, and other personnel protective 
equipment.

Timetable:
_______________________________________________________________________

Action                            Date                      FR Cite

_______________________________________________________________________

NPRM                            11/29/88                    53 FR 48150
NPRM Comment Period End         02/27/89                [[Page 23578]] 
Reopened Record Comment Period 
Ends 8/22/94                    07/06/94                    59 FR 34586
Final Action                    09/00/95

Small Entities Affected: None

Government Levels Affected: None

Additional Information: Applicable part 1910 provisions under 
consideration: 29 CFR 1910.132-1910.138. The public record has been 
reopened for 45 days to incorporate the general industry records for 
PPE (S-060) and personal fall protection equipment (S-057) so that 
final regulations for PPE used in shipyards and in general industry can 
be consistent where appropriate.

Agency Contact: Thomas H. Seymour, Acting Director, Safety Standards 
Programs, Department of Labor, Occupational Safety and Health 
Administration, 200 Constitution Ave. NW., Rm N3605, FP Bldg., 
Washington, DC 20210, 202 219-8061

RIN: 1218-AA74
______________________________________________________________________




______________________________________________________________________

DEPARTMENT OF LABOR (DOL)                             Final Rule Stage
Occupational Safety and Health Administration (OSHA)
______________________________________________________________________

2161. 1,3-BUTADIENE (PREVENTING OCCUPATIONAL ILLNESS: BUTADIENE)

Priority:  Substantive, Nonsignificant

Legal Authority:  29 USC 655(b)

CFR Citation:  29 CFR 1910.1000 (Table Z-1); 29 CFR 1910.1051

Legal Deadline: None

Abstract: On October 10, 1985, EPA referred 1,3-butadiene (BD) to OSHA 
for possible regulatory action under section 9(a) of the Toxic 
Substance Control Act. On April 11, 1986, OSHA responded to the EPA 
referral indicating that the Agency has preliminarily concluded that BD 
poses risk to the occupationally exposed population at the current OSHA 
permissible exposure limit and that the risk can be reduced or 
prevented through the promulgation of a revised standard. On October 1, 
1986 (51 FR 35003), OSHA published an ANPRM initiating regulatory 
action within the meaning of section 9(a) of TSCA. Comments were 
submitted to OSHA by December 30, 1986. Based on the comments received 
in response to the ANPRM OSHA developed a proposal which was published 
on August 10, 1990. Hearings were held in Washington, D.C. on January 
15, 1991, and in New Orleans, Louisiana on February 20, 1991. 
Submission of the post-hearing comments and briefs were scheduled to 
end on June 22, and July 22, 1991 respectively; however, OSHA extended 
the dates to September 27, and October 28, 1991. The post-hearing 
comments and briefs were again extended and finally closed on (cont)

Timetable:
_______________________________________________________________________

Action                            Date                      FR Cite

_______________________________________________________________________

EPA Referral                    10/10/85                    50 FR 41393
Request for Comments            12/27/85                    50 FR 52952
Response to EPA Referral        04/11/86                    51 FR 12526
ANPRM                           10/01/86                    51 FR 35003
ANPRM Comment Period End        12/30/86
NPRM                            08/10/90                    55 FR 32736
NPRM Comment Period End         10/19/90                    55 FR 32736
Final Action                    09/00/95

Small Entities Affected: Undetermined

Government Levels Affected: Undetermined

Additional Information: ABSTRACT CONT: November 26, 1991, and February 
10, 1992, respectively.

Agency Contact: John Martonik, Acting Director, Health Standards 
Programs, Department of Labor, Occupational Safety and Health 
Administration, 200 Constitution Avenue NW., Rm N3718, FP Bldg., 
Washington, DC 20210, 202 219-7075

RIN: 1218-AA83
______________________________________________________________________




______________________________________________________________________

DEPARTMENT OF LABOR (DOL)                             Final Rule Stage
Occupational Safety and Health Administration (OSHA)
______________________________________________________________________

2162. GLYCOL ETHERS: 2-METHOXYETHANOL, 2-ETHOXYETHANOL, AND THEIR 
ACETATES PROTECTING REPRODUCTIVE HEALTH

Priority:  Other Significant

Legal Authority:  29 USC 655; 29 USC 657

CFR Citation:  29 CFR 1910.1000

Legal Deadline: None

Abstract: On May 20, 1986, the Environmental Protection Agency (EPA) 
issued a report to OSHA, under Section 9(a) of the Toxic Substances 
Control Act, stating that EPA has reasonable basis to conclude that the 
risk of injury to worker health from exposure to four glycol ethers 
during their manufacture, processing and use is unreasonable, and that 
this risk may be prevented or reduced to a significant extent by OSHA 
regulatory action. EPA gave OSHA 180 days in which to respond to its 
report. OSHA published its response on December 11, 1986, stating that 
OSHA had preliminarily concluded that occupational exposures to the 
subject glycol ethers at the current OSHA permissible exposure limits 
may present significant risks to the health of workers. OSHA published 
an Advance Notice of Proposed rulemaking (ANPRM) on April 2, 1987, (52 
FR 10586). OSHA used the information received in response to the ANPRM, 
as well as other information and analysis, and published a proposal, 
March 23, 1993 (58 FR 15526), that would reduce the permissible 
exposure limits for four glycol ethers and provide protection for 
approximately 46,000 workers exposed to the substances.

Timetable:
_______________________________________________________________________

Action                            Date                      FR Cite

_______________________________________________________________________

ANPRM                           04/02/87                    52 FR 10586
ANPRM Comment Period End        07/31/87
NPRM                            03/23/93                    58 FR 15526
NPRM Comment Period End         06/07/93
Final Action                    12/00/95

Small Entities Affected: Undetermined

Government Levels Affected: Undetermined

Agency Contact: John Martonik, Acting Director, Health Standards 
Programs, Department of Labor, Occupational Safety and Health 
Administration, 200 Constitution Avenue NW., Rm N3718, FP Bldg., 
Washington, DC 20210, 202 219-7075

RIN: 1218-AA84
______________________________________________________________________




______________________________________________________________________

DEPARTMENT OF LABOR (DOL)                             Final Rule Stage
Occupational Safety and Health Administration (OSHA)
______________________________________________________________________

2163. METHYLENE CHLORIDE (PREVENTING OCCUPATIONAL ILLNESSES: 
METHYLENE CHLORIDE)

Priority:  Other Significant

Legal Authority:  29 USC 655; 29 USC 657

CFR Citation:  29 CFR 1910.1052; 29 CFR 1926.1162

Legal Deadline: None

Abstract: In July 1985, OSHA was petitioned by the UAW to issue a 
hazard alert; issue an emergency temporary standard; and to begin work 
on a new permanent standard for methylene chloride. This request was 
based on information obtained from the EPA and the National Toxicology 
Program indicating that DCM is an [[Page 23579]] animal carcinogen and 
may have the potential to cause cancer in humans. An estimated 209,479 
workers are exposed to the hazards of MC annually. In November 1986, 
OSHA notified the UAW that its petition had been granted, in part, and 
denied, in part. Specifically, OSHA issued a set of guidelines for 
controlling occupational exposure to MC and OSHA denied that portion of 
the petition requesting the issuance of an emergency temporary 
standard. OSHA published an ANPRM on November 24, 1986 (51 FR 42257). 
After reviewing and analyzing the comments received in response to the 
ANPRM, OSHA published a proposal in the Federal Register on November 7, 
1991 (56 FR 57036). The comment period closed on April 6, 1992. On June 
9, 1992, OSHA published a notice of informal public hearings that were 
held in Washington, DC September 16-24 and in San Francisco, CA on 
October 14-16, 1992. The post-hearing comment period for new evidence 
closed on January 14, 1993, and the final date for submitting post-
hearing summations and briefs was March 15, 1993. The record was 
reopened on March 11, 1994, for 45 days to address MC exposure in the 
furniture stripping industry, an NCI study relating brain cancer to 
occupational exposure to MC, and information regarding the use of MC as 
a solvent in adhesive formulation in flexible foam manufacturing.

Timetable:
_______________________________________________________________________

Action                            Date                      FR Cite

_______________________________________________________________________

ANPRM                           11/24/86                    51 FR 42257
ANPRM Comment Period End        02/23/87                    51 FR 42257
NPRM                            11/07/91                    56 FR 57036
NPRM Comment Period End         04/06/92
Final Action                    07/00/95

Small Entities Affected: Undetermined

Government Levels Affected: Undetermined

Agency Contact: John Martonik, Acting Director, Health Standards 
Programs, Department of Labor, Occupational Safety and Health 
Administration, 200 Constitution Ave. NW., Rm N3718, FPBldg., 
Washington, DC 20210, 202 219-7075

RIN: 1218-AA98
______________________________________________________________________




______________________________________________________________________

DEPARTMENT OF LABOR (DOL)                             Final Rule Stage
Occupational Safety and Health Administration (OSHA)
______________________________________________________________________

2164. WALKING WORKING SURFACES AND PERSONAL FALL PROTECTION SYSTEMS 
(PART 1910) (SLIPS, TRIPS, AND FALLS PREVENTION)

Priority:  Regulatory Plan

Legal Authority:  29 USC 655(b)

CFR Citation:  29 CFR 1910.21; 29 CFR 1910.22; 29 CFR 1910.23; 29 CFR 
1910.24; 29 CFR 1910.25; 29 CFR 1910.26; 29 CFR 1910.27; 29 CFR 
1910.28; 29 CFR 1910.29; 29 CFR 1910.30; 29 CFR 1910.31; 29 CFR 
1910.32; 29 CFR 1910.128; 29 CFR 1910.129; 29 CFR 1910.130; ...

Legal Deadline: None

Abstract: The Bureau of Labor Statistics (BLS) reported from the 1987 
and 1988 annual surveys that falls accounted for 12 percent of all 
deaths of employees in workplaces with 11 or more employees. NIOSH, in 
their publication ``Fatal Injuries to Workers in the United States, 
1980-1989: A Decade of Surveillance,'' reports that deaths from falls 
are the fourth leading cause of occupational fatalities, account for 10 
percent of all deaths in the workplace. According to the Insurance 
Institute for Highway Safety, falls are the second largest cause of 
occupational fatalities, next after deaths due to over-the-road motor 
vehicle accidents. Falls are second only to motor vehicle accidents as 
a cause of brain injuries.
The existing standards for walking/working surfaces are out-of-date, 
restrict technological innovation, and contain gaps in coverage. 
Currently, there are no standards for personal fall protection systems 
that cover all general industry applications. This action would revise 
the existing regulations for walking/working surfaces (29 CFR part 
1910, subpart D) and add new coverage for personal fall protection 
systems to the current personal protective equipment standards (29 CFR 
part 1910, subpart I). OSHA has determined that hazards associated with 
walking and working surfaces persist and must be addressed with 
improved standards. The OSHA preliminary regulatory impact analysis 
estimated that 105,000 disabling injuries and 132 fatalities occur 
annually which would be addressed by this standard. Special studies 
have also been developed in order to gain a better understanding of the 
nature and causes of employee injuries, and the methods required for 
reducing their numbers. One such study on ladders, conducted by BLS, 
indicated that in about 55 percent of the accidents where employee 
injuries occurred, the ladder either moved, slipped, fell or broke. The 
study also indicated that ladders were not secured or braced in about 
50 percent of the injury incidents. Furthermore, in nearly 60 percent 
of the incidents, employees were carrying something in their hands at 
the time of the incident. The proposed standards will address these 
problems by requiring design criteria and employee training in the use 
of ladders.
Another study of scaffold fatalities and catastrophes developed by OSHA 
indicated that 90 percent of fatally injured employees were performing 
their normal job activities. Fifty-five percent of these employees were 
performing their basic or primary work tasks.
The new standards would use a performance-oriented approach to permit 
flexibility for compliance and to encourage innovation. New criteria 
for personal fall protection systems would be added to assure that this 
type of equipment functions properly and is used correctly. The new 
standards will reduce risks to workers by providing clearer, up-to-date 
requirements to minimize fall hazards. The standards will also cover 
new areas of fall protection such as special surfaces and manhole 
steps, and the use of qualified climbers. The new standards will also 
recognize personal fall protection systems as an acceptable option for 
fall protection, as well as provide the criteria to assure that such 
systems will safely stop a worker's fall.

Timetable:
_______________________________________________________________________

Action                            Date                      FR Cite

_______________________________________________________________________

NPRM                            04/10/90                    55 FR 13360
NPRM Comment Period End         08/22/90                    55 FR 13360
Hearing                         09/11/90                    55 FR 29224
Final Action                    11/00/95

Small Entities Affected: Undetermined

Government Levels Affected: None

Additional Information: Because RINs 1218-AB05 and 1218-AA48 will be 
issued concurrently, they have been combined under this RIN 1218-AB04.

Agency Contact: Thomas H. Seymour, Acting Director, Safety Standards 
Programs, Department of Labor, Occupational Safety and Health 
[[Page 23580]] Administration, 200 Constitution Avenue NW., Rm N3605, 
FP Bldg., Washington, DC 20210, 202 219-8061

RIN: 1218-AB04
______________________________________________________________________




______________________________________________________________________

DEPARTMENT OF LABOR (DOL)                             Final Rule Stage
Occupational Safety and Health Administration (OSHA)
______________________________________________________________________

2165. AIR CONTAMINANTS RULE FOR CONSTRUCTION, AGRICULTURE AND 
MARITIME (MODERNIZATION OF CHEMICAL EXPOSURE LIMITS)

Priority:  Other Significant

Legal Authority:  29 USC 655; 29 USC 657

CFR Citation:  29 CFR 1910; 29 CFR 1926; 29 CFR 1918; 29 CFR 1915; 29 
CFR 1917; 29 CFR 1928

Legal Deadline: None

Abstract: This regulatory action is in response to a recent Court 
ruling. OSHA issued permissible exposure limits (PELs) for hundreds of 
toxic substances in 1971, based on national consensus standards. New 
developments in technology and emerging scientific data indicated that 
many of the PELs were obsolete because significant risk of cancer and 
other chronic disease is related to current exposure limits. As a 
result, OSHA attempted to address the exposure limits. On January 19, 
1989, OSHA published a final standard to update the PELs for general 
industry for the toxic substances originally covered in 1971, and other 
substances requested by public commenters. On June 12, 1992, (57 FR 
26001) OSHA published a proposed rule to establish corresponding PELs 
for the construction, maritime, and agriculture industries. On July 10, 
1992, the Eleventh Circuit Court for Appeals overturned OSHA's standard 
for general industry, citing the Agency's generic rulemaking approach 
as inadequate. While determining appropriate action, OSHA delayed 
public hearings and indefinitely extended the public comment period for 
the construction, agriculture and maritime industries. OSHA intends to 
publish a new proposal to address its inadequate PELs for general 
industry, construction, maritime, and agriculture.

Timetable:
_______________________________________________________________________

Action                            Date                      FR Cite

_______________________________________________________________________

NPRM                            06/12/92                    57 FR 26001
Comment Period Extended 
Indefinitely                    08/18/92                    57 FR 37125
Final Action                    00/00/00

Small Entities Affected: Undetermined

Government Levels Affected: Undetermined

Agency Contact: John Martonik, Acting Director, Health Standards 
Programs, Department of Labor, Occupational Safety and Health 
Administration, 200 Constitution Avenue NW., Room N3718, FP Building, 
Washington, DC 20210, 202 219-7075

RIN: 1218-AB26
______________________________________________________________________




______________________________________________________________________

DEPARTMENT OF LABOR (DOL)                             Final Rule Stage
Occupational Safety and Health Administration (OSHA)
______________________________________________________________________

2166. ACCREDITATION OF TRAINING PROGRAMS FOR HAZARDOUS WASTE 
OPERATIONS (PART 1910)

Priority:  Other Significant

Legal Authority:  29 USC 655(b); PL 101-549 (November 15, 1990); 5 USC 
552(a); 5 USC 533

CFR Citation:  29 CFR 1910.121, subpart H

Legal Deadline: None

Abstract: The Superfund Amendments and Reauthorization Act of 1986 
(Public Law 99-499) established the criteria under which OSHA should 
develop and promulgate the Hazardous Waste Operations and Emergency 
Response standards. OSHA issued an interim final standard on December 
19, 1986, (51 FR 45654) to comply with the law requirements. OSHA 
issued a permanent final rule for provisions on training to replace 
this interim rule on March 9, 1989 (29 CFR 1910.120).
On December 22, 1987, as part of an omnibus budget reconciliation bill 
(PL 100-202), section 126(d)(3) of SARA was amended to include 
accreditation of training programs for hazardous waste operations. OSHA 
issued a proposal on January 26, 1990 (55 FR 2776) addressing this 
issue. OSHA held a public comment period following the issuance of the 
proposal and held a limited reopening of the public record in June 1992 
to allow additional public comment on an effectiveness of training 
study conducted by OSHA. OSHA has also developed nonmandatory 
guidelines to further address minimum training criteria.

Timetable:
_______________________________________________________________________

Action                            Date                      FR Cite

_______________________________________________________________________

NPRM                            01/26/90                     55 FR 2776
NPRM Comment Period End         04/26/90                     55 FR 2776
Final Action                    06/00/95

Small Entities Affected: Undetermined

Government Levels Affected: State, Local, Federal

Agency Contact: Thomas H. Seymour, Acting Director, Safety Standards 
Programs, Department of Labor, Occupational Safety and Health 
Administration, 200 Constitution Avenue NW., Room N3605, FP Bldg, 
Washington, DC 20210, 202 219-8061

RIN: 1218-AB27
______________________________________________________________________




______________________________________________________________________

DEPARTMENT OF LABOR (DOL)                             Final Rule Stage
Occupational Safety and Health Administration (OSHA)
______________________________________________________________________

2167. INDOOR AIR QUALITY IN THE WORKPLACE

Priority:  Economically Significant

Legal Authority:  29 USC 655

CFR Citation:  29 CFR 1910.1033

Legal Deadline: None

Abstract: OSHA was petitioned in March 1987 by the Action on Smoking or 
Health (ASH), Public Citizen, and the American Public Health 
Association to issue an emergency temporary standard on environmental 
tobacco smoke (ETS) in the workplace. In March 1992, OSHA was 
petitioned by the AFL-CIO to establish workplace IAQ standards. In 
December 1992, ASH again petitioned for rulemaking on ETS. In January 
1993, Labor Secretary Lynn Martin, under the Bush Administration, 
directed OSHA to begin rulemaking to address the hazards of exposure to 
ETS.
Everyday, more than 20 million American workers face an unnecessary 
health threat because of poor indoor air quality (IAQ) and ETS in the 
workplace. Thousands of heart disease deaths, hundreds of lung cancer 
deaths, respiratory disease, legionnaire's disease, asthma, and other 
ailments are linked to this occupational hazard. More specifically, it 
is estimated that each year, there are approximately 700 cases of lung 
cancer and 13,000 deaths from heart disease among nonsmoking workers 
exposed to ETS. Further, America's workers are at risk of developing 
over a hundred thousand upper respiratory symptoms, as well as many 
thousands of headaches from poor indoor air quality. EPA estimates that 
20 to 35 percent of all workers in modern mechanically ventilated 
buildings may experience air-quality problems that could result in 
illnesses, absenteeism, lost productivity, and discomfort.
Surveys have estimated that as many as 85 percent of the polled 
companies [[Page 23581]] had some sort of smoking restriction in place, 
due to either concerns about production safety or employee health and 
safety. The fact that this is a national problem suggests that it 
should be solved at the Federal level.
OSHA published a Request for Information on September 20, 1991, to 
collect information to determine if a standard regulating indoor air 
quality is justified and feasible. Information was requested on the 
ventilation system performance necessary to optimize indoor air 
quality, techniques for improving ventilation, building maintenance 
programs, existing workplace indoor air policies, and local and State 
laws addressing indoor air quality.
After reviewing and analyzing available information, OSHA published a 
proposed rule on April 5, 1994. The proposal would require employers to 
write and implement indoor air quality compliance plans that would 
include inspection and maintenance of current building ventilation 
systems to ensure they are functioning as designed. In buildings where 
smoking is allowed, the proposal would require designated smoking areas 
that would be separate, enclosed rooms where the air would be exhausted 
directly to the outside. Other proposed provisions would require 
employers to maintain healthy air quality during renovation, remodeling 
and similar activities. The provisions for indoor air quality would 
apply to 70 million workers and more than 4.5 million nonindustrial 
indoor work environments, including schools and training centers, 
offices, commercial establishments, health care facilities, cafeterias 
and factory break rooms. ETS provisions would apply to all 6 million 
industrial and nonindustrial work environments under OSHA jurisdiction. 
OSHA preliminarily estimates that 5,583 to 32,502 cancer deaths and 
97,700 to 577,818 coronary heart diseases related to occupational 
exposure to ETS will be prevented over the next 45 years. This 
represents 140 to 722 cancer deaths and 2,094 to 13,001 heart diseases 
each year. OSHA preliminarily estimates that the proposed standard will 
prevent 4.5 million upper respiratory problems over the next 45 years. 
This is approximately 105,000 upper respiratory symptoms per year. 
These estimates understate the prevalence of building-related symptoms 
since they only reflect excess risk in air conditioned buildings.

Timetable:
_______________________________________________________________________

Action                            Date                      FR Cite

_______________________________________________________________________

Request for Information         09/20/91                    56 FR 47892
Comment Period End              01/21/92                    56 FR 47892
NPRM                            04/05/94                    59 FR 15968
NPRM Comment Period End         08/13/94                    59 FR 30560
Final Action                    00/00/00

Small Entities Affected: Undetermined

Government Levels Affected: Undetermined

Agency Contact: John Martonik, Acting Director, Health Standards 
Programs, Department of Labor, Occupational Safety and Health 
Administration, 200 Constitution Avenue NW., Room N3718, FP Building, 
Washington, DC 20210, 202 219-7075

RIN: 1218-AB37
______________________________________________________________________




______________________________________________________________________

DEPARTMENT OF LABOR (DOL)                             Final Rule Stage
Occupational Safety and Health Administration (OSHA)
______________________________________________________________________


2168. ABATEMENT VERIFICATION (HAZARD CORRECTION)

Priority:  Substantive, Nonsignificant

Legal Authority:  29 USC 657; 29 USC 658; 5 USC 553

CFR Citation:  29 CFR 1903

Legal Deadline: None

Abstract: A critical element of OSHA's comprehensive enforcement 
strategy under the Occupational Safety and Health Act is assurance that 
employers have abated cited hazards. A May 1991, General Accounting 
Office report entitled, ``Options to Improve Hazard-Abatement 
Procedures in the Workplace,'' pointed out deficiencies in OSHA's 
abatement procedures and how they could be improved. The Department of 
Labor Inspector General, as well as OSHA's internal audits, also 
identified similar problems. Currently, unless an employer voluntarily 
complies with OSHA's request to submit documentation, OSHA has no means 
to require employers to submit proof of hazard abatement. From 1972 to 
the present, OSHA has implemented several administrative measures to 
induce employers to provide abatement documentation, but at least 30 
percent of cited employers still do not voluntarily do so. OSHA's April 
19, 1994, proposal (29 FR 18508) would require cited employers to 
provide hazard abatement documentations. The NPRM addresses the kinds 
of evidence to be required, what notice to employees is needed, 
potential penalties for non-reporting, possible certification forms for 
compliance, and other questions.

Timetable:
_______________________________________________________________________

Action                            Date                      FR Cite

_______________________________________________________________________

NPRM                            04/19/94                    59 FR 18508
NPRM Comment Period End         07/18/94
Final Action                    06/00/95

Small Entities Affected: Undetermined

Government Levels Affected: State

Sectors Affected:  All

Analysis: Regulatory Flexibility Analysis

Agency Contact: Raymond E. Donnelly, Director, General Industry 
Compliance Assistance, Department of Labor, Occupational Safety and 
Health Administration, 200 Constitution Avenue NW., Room N3119, FP 
Building, Washington, DC 20210, 202 219-8041

RIN: 1218-AB40



______________________________________________________________________

DEPARTMENT OF LABOR (DOL)                   Completed/Longterm Actions
Occupational Safety and Health Administration (OSHA)
______________________________________________________________________

2169. LOGGING OPERATIONS (PART 1910)

Legal Authority:  29 USC 655(b)

CFR Citation:  29 CFR 1910.266 (Revision)

Legal Deadline: None

Abstract: Under the Bush Administration, on May 2, 1989, OSHA issued a 
proposal on to amend the existing pulpwood logging standard 29 CFR 
1910.266. The existing standard covered only the pulpwood logging 
industry which accounts for less than half of the logging activity in 
the United States. The entire logging industry has an incidence rate 
nearly [[Page 23582]] twice that of manufacturing, and a lost workday 
rate nearly four times as high. On October 12, 1994, OSHA published a 
final standard addressing the ever-present hazards of chain saw 
operations, falling objects (trees, branches), rolling or sliding logs, 
falls from trees, and materials handling accidents.

Timetable:
_______________________________________________________________________

Action                            Date                      FR Cite

_______________________________________________________________________

NPRM                            05/02/89                    54 FR 18798
NPRM Comment Period End         07/31/89
Public Hearing 07/24/90         05/11/90                    55 FR 19745
Final Action                    10/12/94                    59 FR 51672
Final Action Effective          02/09/95

Small Entities Affected: Undetermined

Government Levels Affected: None

Sectors Affected:  24 Lumber and Wood Products, Except Furniture

Agency Contact: Thomas H. Seymour, Acting Director, Safety Standards 
Programs, Department of Labor, Occupational Safety and Health 
Administration, 200 Constitution Avenue NW., Rm N3605, FP Building, 
Washington, DC 20210, 202 219-8061

RIN: 1218-AA52
______________________________________________________________________




______________________________________________________________________

DEPARTMENT OF LABOR (DOL)                   Completed/Longterm Actions
Occupational Safety and Health Administration (OSHA)
______________________________________________________________________

2170. MEDICAL SURVEILLANCE PROGRAMS FOR EMPLOYEES

Legal Authority:  29 USC 655(b)

CFR Citation:  Not yet determined

Legal Deadline: None

Abstract: Section 6(b) of the Act requires, where appropriate, 
provisions for medical surveillance in each 6(b) rulemaking for a 
harmful substance. A generic standard for medical surveillance would 
satisfy the requirements of the Act for future standards promulgated 
under paragraph (6)(b) of the Act, thus making available resources to 
deal with substantive issues. OSHA has collected considerable useful 
information as a result of the advance notice of proposed rulemaking 
published on September 27, 1988 under Bush Administration (53 FR 
37595). OSHA has also consulted with the Department of Health and Human 
Services, and is making full use of the expertise within the National 
Institute for Occupational Safety and Health to develop specific 
criteria to be used to determine when and what medical surveillance 
intervention may be appropriate. OSHA intends to address this issue in 
the agency's safety and health programs rulemaking.

Timetable:
_______________________________________________________________________

Action                            Date                      FR Cite

_______________________________________________________________________

ANPRM                           09/27/88                    53 FR 37595
ANPRM Comment Period End        12/27/88
Withdrawn                       03/31/95

Small Entities Affected: None

Government Levels Affected: None

Agency Contact: John Martonik, Acting Director, Health Standards 
Programs, Department of Labor, Occupational Safety and Health 
Administration, 200 Constitution Avenue NW., Rm N3718, FP Bldg., 
Washington, DC 20210, 202 219-7075

RIN: 1218-AB00
______________________________________________________________________




______________________________________________________________________

DEPARTMENT OF LABOR (DOL)                   Completed/Longterm Actions
Occupational Safety and Health Administration (OSHA)
______________________________________________________________________

2171. EXPOSURE ASSESSMENT PROGRAMS FOR EMPLOYEES EXPOSED TO 
HAZARDOUS CHEMICALS

Legal Authority:  29 USC 655(b)

CFR Citation:  Not yet determined

Legal Deadline: None

Abstract: Section 6(b)(7) of the Act requires, where appropriate, 
provisions for exposure monitoring for substances regulated by OSHA. 
OSHA does not have exposure monitoring provisions in the air 
contaminants standards (29 CFR 1910.1000). A generic standard for 
exposure assessment would satisfy the monitoring requirements of the 
Act, thus enabling the Agency to provide relevant protection for 
workers covered by the air contaminants standard OSHA published an 
advance notice of proposed rulemaking on September 27, 1988 under Bush 
Administration (53 FR 37591). OSHA intends to address this issue in the 
agency's safety and health programs rulemaking.

Timetable:
_______________________________________________________________________

Action                            Date                      FR Cite

_______________________________________________________________________

ANPRM                           09/27/88                    53 FR 37591
ANPRM Comment Period End        12/27/88
Withdrawn                       03/31/95

Small Entities Affected: None

Government Levels Affected: None

Agency Contact: John Martonik, Acting Director, Health Standards 
Programs, Department of Labor, Occupational Safety and Health 
Administration, 200 Constitution Avenue NW., Rm N3718, FP Bldg., 
Washington, DC 20210, 202 219-7075

RIN: 1218-AB01
______________________________________________________________________




______________________________________________________________________

DEPARTMENT OF LABOR (DOL)                   Completed/Longterm Actions
Occupational Safety and Health Administration (OSHA)
______________________________________________________________________

2172. OCCUPANT PROTECTION IN MOTOR VEHICLES (PREVENTION OF MOTOR 
VEHICLE FATALITIES)

Legal Authority:  29 USC 655(b)

CFR Citation:  29 CFR 1910.140; 29 CFR 1915.99; 29 CFR 1915.100; 29 CFR 
1917.44; 29 CFR 1918.73; 29 CFR 1926.33; 29 CFR 1928.58

Legal Deadline: None

Abstract: In 1989, President Bush introduced his Management by 
Objectives System. One of the objectives directed the Department of 
Transportation to support programs that reduced transportation 
fatalities and accidents. Some of the milestones identified by the 
President included increased use of safety belts and decreased number 
of alcohol and drug-related highway accidents and fatalities. As part 
of this initiative, under Labor Secretary Elizabeth Dole, OSHA worked 
with the National Safety Council and the National Highway Traffic 
Safety Administration to address the 2,100 occupational fatalities and 
91,000 injuries per year. In light of controversy sparked by a proposal 
introduced under the Bush Administration in 1990, (55 FR 28728), OSHA 
is reviewing policy options for dealing with the real causes of most 
motor vehicle-related occupational injuries and fatalities.

Timetable:
_______________________________________________________________________

Action                            Date                      FR Cite

_______________________________________________________________________

NPRM                            07/12/90                    55 FR 28728
NPRM Comment Period End         11/09/90                    55 FR 28728
Withdrawn                       03/31/95

Small Entities Affected: None

Government Levels Affected: None

Agency Contact: Thomas H. Seymour, Acting Director, Safety Standards 
Programs, Department of Labor, Occupational Safety and Health 
Administration, 200 Constitution Avenue NW., Room N3605, FP Building, 
Washington, DC 20210, 202 219-8061

RIN: 1218-AB28


______________________________________________________________________



______________________________________________________________________

DEPARTMENT OF LABOR (DOL)                   Completed/Longterm Actions
Occupational Safety and Health Administration (OSHA)
______________________________________________________________________


[[Page 23583]]
2173. CRANE SAFETY

Legal Authority:  29 USC 655(b); 40 USC 333; 33 USC 941

CFR Citation:  29 CFR 1926.550; 29 CFR 1926.552; 29 CFR 1926.553; 29 
CFR 1926.554; 29 CFR 1926.556; 29 CFR 1910.67; 29 CFR 1910.179; 29 CFR 
1910.180; 29 CFR 1919.181

Legal Deadline: None

Abstract: The present crane regulations for construction and general 
industry have not been revised since being promulgated in 1971. They 
rely heavily on outdated 1968 ANSI standards. OSHA has received 
comments that the existing provisions are inadequate and need revision 
to reflect current conditions and equipment. It has also been suggested 
that there is need to establish additional crane installation and use 
provisions, including possible certification programs for crane 
operators and riggers.

Timetable:
_______________________________________________________________________

Action                            Date                      FR Cite

_______________________________________________________________________

ANPRM                           10/19/92                    57 FR 47746
ANPRM Comment Period End        02/12/93
Withdrawn                       03/31/95

Small Entities Affected: None

Government Levels Affected: None

Agency Contact: Thomas H. Seymour, Acting Director, Safety Standards 
Programs, Department of Labor, Occupational Safety and Health 
Administration, 200 Constitution Avenue NW., Room N3605, FP Building, 
Washington, DC 20210, 202 219-8061

RIN: 1218-AB38



______________________________________________________________________

DEPARTMENT OF LABOR (DOL)                   Completed/Longterm Actions
Office of the Assistant Secretary for Veterans' Employment & Training 
(ASVET)
______________________________________________________________________


2174. UNIFORMED SERVICES EMPLOYMENT AND REEMPLOYMENT RIGHTS

Legal Authority:  Not yet determined

CFR Citation:  Not yet determined

Legal Deadline: None

Abstract: Effective October 13, 1994, The Veterans' Reemployment Rights 
Law was amended in its entirety by the Uniformed Services Employment 
and Reemployment Rights Act of 1994 (PL 103-353). The revised law 
clarifies the rights and obligations of both employers and members of 
the uniformed services. This revision also authorizes the Secretary of 
Labor to issue regulations. However, the Veterans' Employment and 
Training Service has no plans at this time to issue regulations.

Timetable:
_______________________________________________________________________

Action                            Date                      FR Cite

_______________________________________________________________________

Withdrawn                       03/31/95

Small Entities Affected: None

Government Levels Affected: None

Additional Information: If and when legislation is enacted.

Agency Contact: Jeffrey C. Crandall, Director, Office of Field 
Operations, Department of Labor, Office of the Assistant Secretary for 
Veterans' Employment & Training, 200 Constitution Avenue NW., Room 
S1316, FP Building, Washington, DC 20210, 202 219-9105

RIN: 1293-AA05
[FR Doc. 95-8761 Filed 05-05-95; 8:45 am]
BILLING CODE 4510-23-F