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


_______________________________________________________________________

Part XII





Department of Labor





_______________________________________________________________________



Semiannual Regulatory Agenda

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 October 1995 and October 1996, as well as those 
completed during the past 6 months.

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 effective 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.

    For this edition of the Department of Labor's regulatory 
agenda, the most important significant regulatory actions are 
included in The Regulatory Plan, which appears in Part II of this 
issue of the Federal Register. The Regulatory Plan entries are 
listed in the Table of Contents below and are denoted by a 
bracketed bold reference, which directs the reader to the 
appropriate Sequence Number in Part II.

    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--Long-Term Actions                                   
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation 
 Sequence                                           Title                                            Identifier 
  Number                                                                                               Number   
----------------------------------------------------------------------------------------------------------------
2074        Coordinated Enforcement of Farm Labor Protective Statutes.............................    1290-AA11 
2075        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   
----------------------------------------------------------------------------------------------------------------
2076        Government Contractors: Nondiscrimination and Affirmative Action Obligations (ESA/                  
            OFCCP) (Reg Plan Seq. No. 65).........................................................    1215-AA01 
2077        Child Labor Regulations, Orders, and Statements of Interpretation (ESA/W-H) (Reg Plan               
            Seq. No. 66)..........................................................................    1215-AA09 
2078        Defining and Delimiting the Term ``Any Employee Employed in a Bona Fide Executive,                  
            Administrative, or Professional Capacity'' (ESA/W-H) (Reg Plan Seq. No. 67)...........    1215-AA14 
2079        Affirmative Action and Nondiscrimination Obligations of Contractors and Subcontractors              
            for Special Disabled Veterans and Veterans of the Vietnam Era.........................    1215-AA62 
2080        Labor Standards for Federal Service Contracts.........................................    1215-AA78 
2081        Standards for Waivers Under Section 503 of the Rehabilitation Act.....................    1215-AA84 
2082        Migrant and Seasonal Agricultural Worker Protection (29 CFR Part 500) (Reg Plan Seq.                
            No. 68)...............................................................................    1215-AA93 
2083        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) (Reg Plan Seq. No. 69)...................................    1215-AA94 
2084        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 
2085        Benefits Under the Federal Coal Mine Safety and Health Act of 1977, as Amended                      
            Affecting the Black Lung Benefits Act (Reg Plan Seq. No. 70)..........................    1215-AA99 
2086        Assessment and Collection of User Fees................................................   1215-AB06  
----------------------------------------------------------------------------------------------------------------
References in boldface appear in the Regulatory Plan in Part II of this issue of the Federal Register.          


                              Employment Standards Administration--Final Rule Stage                             
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation 
 Sequence                                           Title                                            Identifier 
  Number                                                                                               Number   
----------------------------------------------------------------------------------------------------------------
2087        Enforcement of Contractual Obligations for Temporary Alien Agricultural Workers                     
            Admitted Under Section 216 of the Immigration and Nationality Act.....................    1215-AA43 
2088        Attestations by Employers for Off-Campus Work Authorization for Alien Students (F-1                 
            Nonimmigrants)........................................................................    1215-AA68 
2089        Affirmative Action and Nondiscrimination Obligations of Contractors and Subcontractors              
            for Individuals With Disabilities.....................................................    1215-AA76 
2090        Application of the Fair Labor Standards Act to Domestic Service.......................    1215-AA82 
2091        Procedures for Handling Discrimination Complaints Under Federal ``Whistleblower''                   
            Protection Statutes...................................................................    1215-AA83 
2092        Attestations by Employers Using Alien Crewmembers for Longshore Activities in U.S.                  
            Ports.................................................................................    1215-AA90 
2093        Executive Order 12933 of October 20, 1994, ``Nondisplacement of Qualified Workers                   
            Under Certain Conditions''............................................................    1215-AA95 
2094        Training Wage and Seasonal Industry Provisions of the Fair Labor Standards Act........    1215-AB04 
2095        Workers Employed in Seasonal Agricultural Services Under Section 210A of the                        
            Immigration and Nationality Act.......................................................    1215-AB05 
----------------------------------------------------------------------------------------------------------------


                             Employment Standards Administration--Long-Term Actions                             
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation 
 Sequence                                           Title                                            Identifier 
  Number                                                                                               Number   
----------------------------------------------------------------------------------------------------------------
2096        Records To Be Kept By Employers Under the Fair Labor Standards Act....................    1215-AB03 
----------------------------------------------------------------------------------------------------------------


                             Employment Standards Administration--Completed Actions                             
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation 
 Sequence                                           Title                                            Identifier 
  Number                                                                                               Number   
----------------------------------------------------------------------------------------------------------------
2097        Child Labor Regulations, Orders, and Statements of Interpretation (Sports Attendants).    1215-AA89 
2098        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 
2099        Labor Standards for Service Contracts: Minimum Wage for Contracts Not Exceeding $2500.    1215-AA98 
2100        Industries in American Samoa; Wage Order..............................................    1215-AB00 
2101        Application of the Employee Polygraph Protection Act of 1988..........................    1215-AB01 
2102        Civil Money Penalties - Procedures for Assessing and Contesting Penalties.............    1215-AB02 
----------------------------------------------------------------------------------------------------------------


                           Employment and Training Administration--Proposed Rule Stage                          
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation 
 Sequence                                           Title                                            Identifier 
  Number                                                                                               Number   
----------------------------------------------------------------------------------------------------------------
2103        Airline Deregulation: Employee Benefit Program........................................    1205-AA07 
2104        Labor Certification Process for the Permanent Employment of Aliens in the United                    
            States (Reg Plan Seq. No. 71).........................................................    1205-AA66 
2105        Job Training Partnership Act: Indian and Native American Programs.....................    1205-AA96 
2106        Disaster Unemployment Assistance Program, Amendment to Regulations....................    1205-AB02 
2107        Amendments to the Labor Certification Process for Temporary Agricultural Employment in              
            the United States (H-2A)..............................................................    1205-AB09 
2108        Federal-State Unemployment Compensation Program; Unemployment Insurance Performance                 
            System................................................................................   1205-AB10  
----------------------------------------------------------------------------------------------------------------
References in boldface appear in the Regulatory Plan in Part II of this issue of the Federal Register.          


                            Employment and Training Administration--Final Rule Stage                            
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation 
 Sequence                                           Title                                            Identifier 
  Number                                                                                               Number   
----------------------------------------------------------------------------------------------------------------
2109        Attestations by Employers Using Alien Crewmembers for Longshore Activities in U.S.                  
            Ports, the Alaska Exception...........................................................    1205-AB03 
2110        Trade Adjustment Assistance for Workers--Implementation of 1988 Amendments............    1205-AB05 
2111        Trade Adjustment Assistance for Workers--Transitional Adjustment Assistance NAFTA-TAA.    1205-AB07 
----------------------------------------------------------------------------------------------------------------


                            Employment and Training Administration--Long-Term Actions                           
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation 
 Sequence                                           Title                                            Identifier 
  Number                                                                                               Number   
----------------------------------------------------------------------------------------------------------------
2112        Services to Migrant and Seasonal Farmworkers, Job Service Complaint System,                         
            Monitoring, and Enforcement...........................................................    1205-AA37 
2113        Job Training Partnership Act: Migrant and Seasonal Farmworker Programs................    1205-AA99 
----------------------------------------------------------------------------------------------------------------


                            Employment and Training Administration--Completed Actions                           
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation 
 Sequence                                           Title                                            Identifier 
  Number                                                                                               Number   
----------------------------------------------------------------------------------------------------------------
2114        Senior Community Service Employment Program...........................................    1205-AA29 
2115        Job Corps Allowances and Allotments...................................................    1205-AA98 
2116        Federal-State Unemployment Compensation Program; Unemployment Insurance Revenue                     
            Quality Control Program...............................................................    1205-AB00 
----------------------------------------------------------------------------------------------------------------


                        Pension and Welfare Benefits Administration--Proposed Rule Stage                        
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation 
 Sequence                                           Title                                            Identifier 
  Number                                                                                               Number   
----------------------------------------------------------------------------------------------------------------
2117        Definition of Collective Bargaining Agreement (ERISA Section 3(40))...................    1210-AA48 
2118        Removal of Obsolete Regulations and Interpretive Bulletins............................    1210-AA51 
2119        Revision of the Form 5500 Series and Related Regulations Under the Employee Retirement              
            Income Security Act of 1974 (ERISA) (Reg Plan Seq. No. 72)............................   1210-AA52  
----------------------------------------------------------------------------------------------------------------
References in boldface appear in the Regulatory Plan in Part II of this issue of the Federal Register.          


                          Pension and Welfare Benefits Administration--Final Rule Stage                         
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation 
 Sequence                                           Title                                            Identifier 
  Number                                                                                               Number   
----------------------------------------------------------------------------------------------------------------
2120        Interpretive Bulletin on Participant Education........................................    1210-AA50 
----------------------------------------------------------------------------------------------------------------


                         Pension and Welfare Benefits Administration--Long-Term Actions                         
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation 
 Sequence                                           Title                                            Identifier 
  Number                                                                                               Number   
----------------------------------------------------------------------------------------------------------------
2121        Adequate Consideration................................................................    1210-AA15 
2122        Qualified Domestic Relations Orders...................................................    1210-AA19 
2123        Civil Penalties Under ERISA Section 502(l)............................................    1210-AA37 
2124        Reporting and Disclosure Under the Employee Retirement Income Security Act of 1974....    1210-AA44 
----------------------------------------------------------------------------------------------------------------


                         Pension and Welfare Benefits Administration--Completed Actions                         
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation 
 Sequence                                           Title                                            Identifier 
  Number                                                                                               Number   
----------------------------------------------------------------------------------------------------------------
2125        Delinquent Filer Voluntary Compliance Program.........................................    1210-AA49 
----------------------------------------------------------------------------------------------------------------


                              Office of the American Workplace--Proposed Rule Stage                             
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation 
 Sequence                                           Title                                            Identifier 
  Number                                                                                               Number   
----------------------------------------------------------------------------------------------------------------
2126        Reporting by Labor Relations Consultants and Other Persons............................    1294-AA12 
----------------------------------------------------------------------------------------------------------------


                               Office of the American Workplace--Final Rule Stage                               
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation 
 Sequence                                           Title                                            Identifier 
  Number                                                                                               Number   
----------------------------------------------------------------------------------------------------------------
2127        Eligibility Requirements for Candidacy for Union Office...............................    1294-AA09 
2128        Guidelines, Section 5333(b), Federal Transit Law......................................    1294-AA14 
----------------------------------------------------------------------------------------------------------------


                               Office of the American Workplace--Completed Actions                              
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation 
 Sequence                                           Title                                            Identifier 
  Number                                                                                               Number   
----------------------------------------------------------------------------------------------------------------
2129        Permanent Replacement of Lawfully Striking Employees by Federal Contractors...........    1294-AA13 
----------------------------------------------------------------------------------------------------------------


                              Mine Safety and Health Administration--Prerule Stage                              
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation 
 Sequence                                           Title                                            Identifier 
  Number                                                                                               Number   
----------------------------------------------------------------------------------------------------------------
2130        Advisory Committee on the Elimination of Pneumoconiosis Among Coal Miners.............    1219-AA81 
2131        Surface Haulage.......................................................................    1219-AA93 
2132        Safety Standards for the Use of Roof Bolting Machines in Underground Coal Mines.......    1219-AA94 
----------------------------------------------------------------------------------------------------------------


                           Mine Safety and Health Administration--Proposed Rule Stage                           
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation 
 Sequence                                           Title                                            Identifier 
  Number                                                                                               Number   
----------------------------------------------------------------------------------------------------------------
2133        Noise Standard (Reg Plan Seq. No. 73).................................................    1219-AA53 
2134        Diesel Particulate....................................................................    1219-AA74 
2135        Belt Entry Use as Intake Aircourses to Ventilate Working Sections.....................    1219-AA76 
2136        Safety Standard Revisions for Underground Anthracite Mines............................    1219-AA96 
2137        First-Aid at Metal and Nonmetal Mines.................................................   1219-AA97  
----------------------------------------------------------------------------------------------------------------
References in boldface appear in the Regulatory Plan in Part II of this issue of the Federal Register.          


                             Mine Safety and Health Administration--Final Rule Stage                            
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation 
 Sequence                                           Title                                            Identifier 
  Number                                                                                               Number   
----------------------------------------------------------------------------------------------------------------
2138        Underground Coal Mine Ventilation.....................................................    1219-AA11 
2139        Diesel-Powered Equipment for Underground Coal Mines (Reg Plan Seq. No. 74)............    1219-AA27 
2140        Hazard Communication..................................................................    1219-AA47 
2141        Air Quality, Chemical Substances, and Respiratory Protection Standards................    1219-AA48 
2142        Longwall Equipment (Including High-Voltage) (Reg Plan Seq. No. 75)....................    1219-AA75 
2143        Single-Shift Sampling Notice..........................................................    1219-AA82 
2144        Safety Standards for Explosives at Metal and Nonmetal Mines...........................    1219-AA84 
2145        Independent Laboratory Testing........................................................    1219-AA87 
2146        Requirements for Approval of Flame-Resistant Conveyor Belts...........................   1219-AA92  
----------------------------------------------------------------------------------------------------------------
References in boldface appear in the Regulatory Plan in Part II of this issue of the Federal Register.          


                            Mine Safety and Health Administration--Long-Term Actions                            
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation 
 Sequence                                           Title                                            Identifier 
  Number                                                                                               Number   
----------------------------------------------------------------------------------------------------------------
2147        Confined Spaces.......................................................................    1219-AA54 
2148        Carbon Monoxide Monitor Approval......................................................    1219-AA72 
2149        Decertification of Certified and Qualified Persons....................................    1219-AA79 
2150        Metal/Nonmetal Impoundments...........................................................    1219-AA83 
2151        Safety Standards for Methane in Metal and Nonmetal Mines..............................    1219-AA90 
----------------------------------------------------------------------------------------------------------------


                            Mine Safety and Health Administration--Completed Actions                            
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation 
 Sequence                                           Title                                            Identifier 
  Number                                                                                               Number   
----------------------------------------------------------------------------------------------------------------
2152        Respirator Approval...................................................................    1219-AA85 
----------------------------------------------------------------------------------------------------------------


            Office of the Assistant Secretary for Administration and Management--Proposed Rule Stage            
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation 
 Sequence                                           Title                                            Identifier 
  Number                                                                                               Number   
----------------------------------------------------------------------------------------------------------------
2153        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--Long-Term Actions             
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation 
 Sequence                                           Title                                            Identifier 
  Number                                                                                               Number   
----------------------------------------------------------------------------------------------------------------
2154        Department of Labor Acquisition Regulations...........................................    1291-AA20 
----------------------------------------------------------------------------------------------------------------


             Office of the Assistant Secretary for Administration and Management--Completed Actions             
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation 
 Sequence                                           Title                                            Identifier 
  Number                                                                                               Number   
----------------------------------------------------------------------------------------------------------------
2155        Uniform Administrative Requirements for Grants and Cooperative Agreements to State and              
            Local Governments (Thresholds)........................................................    1291-AA22 
2156        Nonprocurement Debarment and Suspension Common Rule To Achieve Reciprocity With                     
            Procurement...........................................................................    1291-AA23 
----------------------------------------------------------------------------------------------------------------


                       Occupational Safety and Health Administration--Proposed Rule Stage                       
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation 
 Sequence                                           Title                                            Identifier 
  Number                                                                                               Number   
----------------------------------------------------------------------------------------------------------------
2157        Steel Erection (Part 1926) (Safety Protection for Ironworking) (Reg Plan Seq. No. 76).    1218-AA65 
2158        Recording and Reporting Occupational Injuries and Illnesses (Simplified Injury/Illness              
            Recordkeeping Requirements) (Reg Plan Seq. No. 77)....................................    1218-AB24 
2159        Prevention of Work-Related Musculoskeletal Disorders (Reg Plan Seq. No. 78)...........    1218-AB36 
2160        Comprehensive Occupational Safety and Health Programs (Reg Plan Seq. No. 79)..........    1218-AB41 
2161        Occupational Exposure to Hexavalent Chromium (Preventing Occupational Illness:                      
            Chromium).............................................................................    1218-AB45 
2162        Occupational Exposure to Tuberculosis (Reg Plan Seq. No. 80)..........................    1218-AB46 
2163        General Working Conditions in Shipyards (Part 1915, Subpart F) (Phase II) (Shipyards:               
            General Working Conditions)...........................................................    1218-AB50 
2164        Eliminating and Improving Regulations (Reg Plan Seq. No. 81)..........................    1218-AB53 
2165        Permissible Exposure Limits (PELS) for Air Contaminants (Reg Plan Seq. No. 82)........    1218-AB54 
2166        Revision of Certain Standards Promulgated Under Section 6(a) of the Williams-Steiger                
            Occupational Safety and Health Act of 1970 (Reg Plan Seq. No. 83).....................    1218-AB55 
2167        Grain Handling Facilities.............................................................   1218-AB56  
----------------------------------------------------------------------------------------------------------------
References in boldface appear in the Regulatory Plan in Part II of this issue of the Federal Register.          


                         Occupational Safety and Health Administration--Final Rule Stage                        
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation 
 Sequence                                           Title                                            Identifier 
  Number                                                                                               Number   
----------------------------------------------------------------------------------------------------------------
2168        Respiratory Protection (Proper Use of Modern Respirators).............................    1218-AA05 
2169        Scaffolds (Part 1926) (Construction: Safer Scaffolds).................................    1218-AA40 
2170        Safety and Health Regulations for Longshoring (Part 1918) and Marine Terminals (Part                
            1917) (Shipyards: Protecting Longshoring Workers).....................................    1218-AA56 
2171        Scaffolds in Shipyards (Part 1915 - Subpart N) (Phase I) (Shipyards: Safer Scaffolds).    1218-AA68 
2172        Access and Egress in Shipyards (Part 1915, Subpart E) (Phase I) (Shipyards: Emergency               
            Exits and Aisles).....................................................................    1218-AA70 
2173        Personal Protective Equipment in Shipyards (Part 1915) (Shipyards: Goggles, Gloves,                 
            and Other PPE)........................................................................    1218-AA74 
2174        1,3-Butadiene (Preventing Occupational Illness: Butadiene)............................    1218-AA83 
2175        Glycol Ethers: 2-Methoxyethanol, 2-Ethoxyethanol, and Their Acetates Protecting                     
            Reproductive Health...................................................................    1218-AA84 
2176        Methylene Chloride (Preventing Occupational Illnesses: Methylene Chloride)............    1218-AA98 
2177        Walking Working Surfaces and Personal Fall Protection Systems (Part 1910) (Slips,                   
            Trips, and Falls Prevention) (Reg Plan Seq. No. 84)...................................    1218-AB04 
2178        Abatement Verification (Hazard Correction)............................................   1218-AB40  
----------------------------------------------------------------------------------------------------------------
References in boldface appear in the Regulatory Plan in Part II of this issue of the Federal Register.          


                        Occupational Safety and Health Administration--Long-Term Actions                        
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation 
 Sequence                                           Title                                            Identifier 
  Number                                                                                               Number   
----------------------------------------------------------------------------------------------------------------
2179        Accreditation of Training Programs for Hazardous Waste Operations (Part 1910).........    1218-AB27 
2180        Control of Hazardous Energy (Lockout)--Construction (Part 1926) (Preventing                         
            Construction Injuries/Fatalities: Lockout)............................................    1218-AB30 
2181        Powered Industrial Truck Operator Training (Industrial Truck Safety Training).........    1218-AB33 
2182        Indoor Air Quality in the Workplace...................................................    1218-AB37 
2183        Confined Spaces for Construction (Part 1926) (Construction: Preventing Suffocation/                 
            Explosions in Confined Spaces)........................................................    1218-AB47 
2184        Fire Protection in Shipyard Employment (Part 1915, Subpart P) (Phase II) (Shipyards:                
            Fire Safety)..........................................................................    1218-AB51 
2185        Permit Required Confined Spaces (General Industry: Preventing Suffocation/Explosions                
            in Confined Spaces)...................................................................    1218-AB52 
----------------------------------------------------------------------------------------------------------------


                        Occupational Safety and Health Administration--Completed Actions                        
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation 
 Sequence                                           Title                                            Identifier 
  Number                                                                                               Number   
----------------------------------------------------------------------------------------------------------------
2186        Air Contaminants Rule for Construction, Agriculture, and Maritime (Modernization of                 
            Chemical Exposure Limits).............................................................    1218-AB26 
2187        Miscellaneous Amendments to the Safety Standards for the Construction Industry (Part                
            1926) (Construction: Clarifications and Updates of Miscellaneous Provisions)..........    1218-AB48 
----------------------------------------------------------------------------------------------------------------

      
  
          
_______________________________________________________________________

DEPARTMENT OF LABOR (DOL)                             Long-Term Actions
Office of the Secretary (OS)
  
_______________________________________________________________________
  
2074. COORDINATED ENFORCEMENT OF FARM LABOR PROTECTIVE STATUTES

Priority:  Other

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: Ruth Samardick, 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
Phone: 202 219-6026

RIN: 1290-AA11
_______________________________________________________________________

2075. ADMINISTRATIVE CLAIMS UNDER THE FEDERAL TORTS CLAIMS ACT AND 
RELATED STATUTES

Priority:  Other

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                    00/00/00

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
Phone: 202 219-4405

RIN: 1290-AA13
_______________________________________________________________________

DEPARTMENT OF LABOR (DOL)                           Proposed Rule Stage
Employment Standards Administration (ESA)
  
_______________________________________________________________________
  
2076. GOVERNMENT CONTRACTORS: NONDISCRIMINATION AND AFFIRMATIVE 
ACTION OBLIGATIONS (ESA/OFCCP)

Regulatory Plan:  This entry is Seq. No. 65 in Part II of this issue of 
the Federal Register.

RIN: 1215-AA01
_______________________________________________________________________

2077. CHILD LABOR REGULATIONS, ORDERS, AND STATEMENTS OF 
INTERPRETATION (ESA/W-H)

Regulatory Plan:  This entry is Seq. No. 66 in Part II of this issue of 
the Federal Register.

RIN: 1215-AA09
_______________________________________________________________________

2078. DEFINING AND DELIMITING THE TERM ``ANY EMPLOYEE EMPLOYED IN A 
BONA FIDE EXECUTIVE, ADMINISTRATIVE, OR PROFESSIONAL CAPACITY'' (ESA/W-H)

Regulatory Plan:  This entry is Seq. No. 67 in Part II of this issue of 
the Federal Register.

RIN: 1215-AA14
_______________________________________________________________________

2079. AFFIRMATIVE ACTION AND NONDISCRIMINATION OBLIGATIONS OF 
CONTRACTORS AND SUBCONTRACTORS FOR SPECIAL DISABLED VETERANS AND VETERANS 
OF THE VIETNAM ERA

Priority:  Substantive, Nonsignificant

Reinventing Government: This rulemaking is part of the Reinventing 
Government effort. It will revise text in the CFR to reduce burden or 
duplication, or streamline requirements.

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                            02/00/96
Final Action                    09/00/96

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
Phone: 202 219-9430

RIN: 1215-AA62
_______________________________________________________________________

2080. 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 
methodology for determining 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. DOL is developing information on 
the occupational mix of service contract employees utilizing 
procurement data in the Federal Procurement Data System, and a survey 
of SCA-covered contracts is expected to be completed in early 1996. 
This study is expected to provide information necessary to more fully 
develop proposed fringe benefit methodologies and will also provide 
data for purposes of economic impact analyses. A notice of proposed 
rulemaking will invite comment on alternatives for developing an 
appropriate SCA fringe benefit determination procedure.

Timetable:
_________________________________________________________________________

Action                            Date                      FR Cite

_________________________________________________________________________

NPRM                            05/00/96

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
Phone: 202 219-8305
Fax: 202 219-5122

RIN: 1215-AA78
_______________________________________________________________________

2081. 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                            12/00/95
Final Action                    07/00/96

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
Phone: 202 219-9430

RIN: 1215-AA84
_______________________________________________________________________

2082. MIGRANT AND SEASONAL AGRICULTURAL WORKER PROTECTION (29 CFR 
PART 500)

Regulatory Plan:  This entry is Seq. No. 68 in Part II of this issue of 
the Federal Register.

RIN: 1215-AA93
_______________________________________________________________________

2083. 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)

Regulatory Plan:  This entry is Seq. No. 69 in Part II of this issue of 
the Federal Register.

RIN: 1215-AA94
_______________________________________________________________________

2084. 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 to 201; 41 CFR 50 to 206

Legal Deadline:  NPRM, Statutory, May 11, 1995. Final, Statutory, 
October 1, 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.'' Two separate 
regulatory actions are planned: (1) a notice of proposed rulemaking to 
implement the changes to CWHSSA and PCA (see 60 FR 46553; 9/7/95); and 
(2) proposed regulations governing the use of volunteers on certain 
federally-assisted construction projects subject to DB.

Timetable:
_________________________________________________________________________

Action                            Date                      FR Cite

_________________________________________________________________________

NPRM                            09/07/95                    60 FR 46553
NPRM Comment Period End         10/10/95
NPRM Second                     10/00/95
Final Action                    11/00/95

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
Phone: 202 219-8305
Fax: 202 219-5122

RIN: 1215-AA96
_______________________________________________________________________

2085.  BENEFITS UNDER THE FEDERAL COAL MINE SAFETY AND 
HEALTH ACT OF 1977, AS AMENDED AFFECTING THE BLACK LUNG BENEFITS ACT

Regulatory Plan:  This entry is Seq. No. 70 in Part II of this issue of 
the Federal Register.

RIN: 1215-AA99
_______________________________________________________________________

2086.  ASSESSMENT AND COLLECTION OF USER FEES

Priority:  Other

Legal Authority:  PL 97-470; 96 Stat 2583; 29 USC 1801 to 1872; 
Secretary's Order No. 1-93 (58 FR 21190); PL 99-603, sec 210A(f); 100 
Stat 3359; 8 USC 1161(f); 52 Stat 1068, sec 11 and 14; 75 Stat 74, sec 
11; 29 USC 211; 29 USC 214; 52 Stat 1066, sec 11; 63 Stat 910, sec 9; 
29 USC 211(d); 80 Stat 843 to 844, sec 501 and 602

CFR Citation:  29 CFR 500.45; 29 CFR 500.52; 29 CFR 519.3; 29 CFR 
519.13; 29 CFR 530.4; 29 CFR 530.102

Legal Deadline: None

Abstract: In accordance with the authority provided by Title V of the 
Independent Offices Appropriations Act of 1952, often referred to as 
the ``user fee statute,'' and the Departments of Labor, Health and 
Human Services, and Education and Related Agencies Appropriation Act of 
1995 (PL 103-333), the Department is proposing to establish and collect 
user fees to recover the costs of providing certain services that are 
required by law and, without which, the recipients of the services 
would not legally be allowed to engage in particular employment 
practices. The services for which user fees are to be collected include 
processing applications and issuing farm labor contractor certificates 
of registrations under the Migrant and Seasonal Agricultural Workers 
Protection Act; processing applications and issuing certificates 
authorizing employers to employ certain students at special minimum 
wages under section 14(b) of the Fair Labor Standards Act; and 
processing applications and issuing certificates authorizing employers 
to employ homeworkers under section 11(d) of the Fair Labor Standards 
Act.

Timetable:
_________________________________________________________________________

Action                            Date                      FR Cite

_________________________________________________________________________

NPRM                            11/00/95

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
Phone: 202 219-8305
Fax: 202 219-5122

RIN: 1215-AB06
_______________________________________________________________________

DEPARTMENT OF LABOR (DOL)                              Final Rule Stage
Employment Standards Administration (ESA)
  
_______________________________________________________________________
  
2087. 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                    12/00/95

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
Phone: 202 219-8305
Fax: 202 219-5122

RIN: 1215-AA43
_______________________________________________________________________

2088. 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
Extension of Joint Interim Final 
Rule                            06/30/95                    60 FR 34132
Extension of Joint Interim Final 
Rule                            07/31/95                    60 FR 38957
Extension of Joint Interim Final 
Rule                            09/27/95                    60 FR 49753
Final Action                    11/00/95

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 Bldg., Washington, DC 20210
Phone: 202 219-8305
Fax: 202 210-5122

RIN: 1215-AA68
_______________________________________________________________________

2089. AFFIRMATIVE ACTION AND NONDISCRIMINATION OBLIGATIONS OF 
CONTRACTORS AND SUBCONTRACTORS FOR INDIVIDUALS WITH DISABILITIES

Priority:  Other Significant

Reinventing Government: This rulemaking is part of the Reinventing 
Government effort. It will revise text in the CFR to reduce burden or 
duplication, or streamline requirements.

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                    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
Phone: 202 219-9430

RIN: 1215-AA76
_______________________________________________________________________

2090. APPLICATION OF THE FAIR LABOR STANDARDS ACT TO DOMESTIC 
SERVICE

Priority:  Substantive, Nonsignificant

Legal Authority:  Sec 13(a)(15), Fair Labor Standards Act (FLSA), as 
amended; Sec 13(b)(21), FLSA, as amended; 29 USC 213(a)(15); 29 USC 
213(b)(21) 88 Stat 62; Sec 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. DOL proposed 
certain technical amendments to update the regulations, 29 CFR Part 
552, Application of the Fair Labor Standards Act to Domestic Service, 
and 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. (58 FR 
69310) After reviewing the public comments, the Department intends to 
adopt the technical changes to update the regulations, including a 
revision necessitated by recently-enacted amendments to Title II of the 
Social Security Act under Public Law 103-387 (Social Security Domestic 
Employment Reform Act; 10/22/94, (see 60 FR 46766) and to reopen and 
extend the period for filing written comments on proposed revisions 
affecting third-party employers (Section 552.109).

Timetable:
_________________________________________________________________________

Action                            Date                      FR Cite

_________________________________________________________________________

NPRM                            12/30/93                    58 FR 69310
NPRM Comment Period End         02/28/94
NPRM Second                     09/08/95                    60 FR 46797
NPRM Comment Period Second      09/08/95                    60 FR 46797
Final Action                    09/00/96

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
Phone: 202 219-8305
Fax: 202 219-5122

RIN: 1215-AA82
_______________________________________________________________________

2091. 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                    11/00/95

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., Room S3502, FP Building, Washington, DC 20210
Phone: 202 219-8305
Fax: 202 219-5122

RIN: 1215-AA83
_______________________________________________________________________

2092. 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                    11/00/95

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
Phone: 202 219-8305

RIN: 1215-AA90
_______________________________________________________________________

2093. 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                            07/18/95                    60 FR 36756
NPRM Comment Period End         09/01/95                    60 FR 36756
Final Action                    12/00/95

Small Entities Affected: None

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
Phone: 202 219-8305
Fax: 202 219-5122

RIN: 1215-AA95
_______________________________________________________________________

2094.  TRAINING WAGE AND SEASONAL INDUSTRY PROVISIONS OF 
THE FAIR LABOR STANDARDS ACT

Priority:  Other

Reinventing Government: This rulemaking is part of the Reinventing 
Government effort. It will eliminate existing text in the CFR.

Legal Authority:  PL 101-157, sec 6; 103 Stat 938; 29 USC 210 et seq; 
52 Stat 1060, sec 1; 29 USC 201; 29 USC 207

CFR Citation:  29 CFR 517; 29 CFR 526

Legal Deadline: None

Abstract: The regulations at 29 CFR Parts 517 and 526 were promulgated 
under the Fair Labor Standards Act. These regulations implement 
provisions of the Act which have expired or have been repealed by 
subsequent amendments. The training wage authorization under 29 CFR 
Part 517 expired March 31, 1993, and the partial exemptions from the 
Act's overtime requirements for employees in industries of a seasonal 
nature or for employees in industries with annual recurring seasonal 
peaks of operation were repealed by the 1974 amendments effective 
December 31, 1976. The regulations do not affect the current operations 
of any program and are being removed from the CFR.

Timetable:
_________________________________________________________________________

Action                            Date                      FR Cite

_________________________________________________________________________

Final Action                    10/00/95

Small Entities Affected: None

Government Levels Affected: None

Agency Contact: Maria Echaveste, Administrator, Wage Hour Division, 
Department of Labor, Employment Standards Administration, 200 
Constitution Avenue NW., Room S3502, FP Building, Washington, DC 20210
Phone: 202 219-8305
Fax: 202 219-5122

RIN: 1215-AB04
_______________________________________________________________________

2095.  WORKERS EMPLOYED IN SEASONAL AGRICULTURAL SERVICES 
UNDER SECTION 210A OF THE IMMIGRATION AND NATIONALITY ACT

Priority:  Other

Reinventing Government: This rulemaking is part of the Reinventing 
Government effort. It will eliminate existing text in the CFR.

Legal Authority:  8 USC 1160; 8 USC 1161; 8 USC 1801 et seq

CFR Citation:  29 CFR 502; 29 CFR 503

Legal Deadline: None

Abstract: The regulations at 29 CFR Parts 502 and 503 were promulgated 
under section 210A of the Immigration and Nationality Act (INA), as 
amended by the Immigration Reform and Control Act of 1986 (ICRA), and 
implement requirements of a special program for aliens in seasonal 
agricultural services which ended with fiscal year 1992, or September 
30, 1992. The regulations do not affect the current operation of any 
program and are being removed from the CFR.

Timetable:
_________________________________________________________________________

Action                            Date                      FR Cite

_________________________________________________________________________

Final Action                    10/00/95

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
Phone: 202 219-8305
Fax: 202 219-5122

RIN: 1215-AB05
_______________________________________________________________________

DEPARTMENT OF LABOR (DOL)                             Long-Term Actions
Employment Standards Administration (ESA)
  
_______________________________________________________________________
  
2096.  RECORDS TO BE KEPT BY EMPLOYERS UNDER THE FAIR LABOR 
STANDARDS ACT

Priority:  Other

Reinventing Government: This rulemaking is part of the Reinventing 
Government effort. It will revise text in the CFR to reduce burden or 
duplication, or streamline requirements.

Legal Authority:  29 USC 211; 29 USC 201 et seq; 29 USC 207(g); 52 Stat 
1066, sec 11; 52 Stat 1060, sec 11; 103 Stat 944, sec 7

CFR Citation:  29 CFR 516 et seq

Legal Deadline: None

Abstract: This regulation gives guidance to employers on the 
information they must keep in records deemed essential for determining 
compliance with the monetary requirements of the Fair Labor Standards 
Act (FLSA) regarding payment of minimum wages and overtime compensation 
to covered and nonexempt employees, or for determining that certain 
statutory exemptions to FLSA's requirements for payment of the minimum 
wage or overtime (or both) may apply. This regulation was included in 
the Department's regulatory reinvention initiative as a candidate for 
possible simplification of regulatory language and streamlining of 
regulatory requirements to ensure that applicable standards are easily 
understandable and reasonable.

Timetable:
_________________________________________________________________________

Action                            Date                      FR Cite

_________________________________________________________________________

NPRM                            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
Phone: 202 219-8305
Fax: 202 219-5122

RIN: 1215-AB03
_______________________________________________________________________

DEPARTMENT OF LABOR (DOL)                             Completed Actions
Employment Standards Administration (ESA)
  
_______________________________________________________________________
  
2097. 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 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 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                    04/17/95                    60 FR 19336
Final Action Effective          05/17/95

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
Phone: 202 219-8305

RIN: 1215-AA89
_______________________________________________________________________

2098. 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:  Other

Reinventing Government: This rulemaking is part of the Reinventing 
Government effort. It will revise text in the CFR to reduce burden or 
duplication, or streamline requirements.

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                            05/08/95                    60 FR 22537
NPRM Comment Period End         07/07/95
Final Action                    10/02/95                    60 FR 51346
Final Action Effective          11/01/95

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
Phone: 202 219-8721

RIN: 1215-AA92
_______________________________________________________________________

2099.  LABOR STANDARDS FOR SERVICE CONTRACTS: MINIMUM WAGE 
FOR CONTRACTS NOT EXCEEDING $2500

Priority:  Substantive, Nonsignificant

Reinventing Government: This rulemaking is part of the Reinventing 
Government effort. It will eliminate existing text in the CFR.

Legal Authority:  41 USC 351(b)(1)

CFR Citation:  29 CFR 4.7

Legal Deadline: None

Abstract: Under section 4.7 of 29 CFR Part 4, any service contract of 
the Federal Government in an amount less than $2,500 that is subject to 
the McNamara-O'Hara Service Contract Act of 1965 must contain a clause 
specifying that the contractor or any subcontractor shall pay the 
minimum wage under the Fair Labor Standards Act. This rule deletes the 
clause requirement to conform the regulations to a new class of Federal 
government purchases established by the Federal Acquisition 
Streamlining Act of 1994. Requirements otherwise applicable to Federal 
contracting are eliminated for purchases under $2,500 for the purpose 
of facilitating the use of government credit cards for the making of 
low dollar value purchases of supplies and services. The rule 
facilitates the streamlining objectives of the new micro-purchase 
authority established by the Federal Acquisition Streamlining Act of 
1994.

Timetable:
_________________________________________________________________________

Action                            Date                      FR Cite

_________________________________________________________________________

NPRM                            06/16/95                    60 FR 31660
NPRM Comment Period End         07/17/95
Final Action                    10/03/95                    60 FR 51725
Final Action Effective          10/03/95

Small Entities Affected: None

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
Phone: 202 219-8305
Fax: 202 219-5122

RIN: 1215-AA98
_______________________________________________________________________

2100.  INDUSTRIES IN AMERICAN SAMOA; WAGE ORDER

Priority:  Routine and Frequent

Legal Authority:  52 Stat. 1062, sec 5, 6, 8; 52 Stat. 1064, sec 5, 6, 
8; 29 USC 205; 29 USC 206; 29 USC 208

CFR Citation:  29 CFR 697.1; 29 CFR 697.3

Legal Deadline: None

Abstract: Under the Fair Labor Standards Act, minimum wage rates in 
American Samoa are set by a special industry committee appointed by the 
Secretary of Labor. This document puts into effect the minimum wage 
rates recommended for various industry categories by Industry Committee 
No. 21, which met in Pago Pago, American Samoa during the week of June 
12, 1995.

Timetable:
_________________________________________________________________________

Action                            Date                      FR Cite

_________________________________________________________________________

Final Action                    09/13/95                    60 FR 47484
Final Action Effective          09/28/95

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
Phone: 202 219-8305
Fax: 202 219-5122

RIN: 1215-AB00
_______________________________________________________________________

2101.  APPLICATION OF THE EMPLOYEE POLYGRAPH PROTECTION ACT 
OF 1988

Priority:  Other

Reinventing Government: This rulemaking is part of the Reinventing 
Government effort. It will revise text in the CFR to reduce burden or 
duplication, or streamline requirements.

Legal Authority:  PL 100-347; 102 Stat 646; 29 USC 2001; 29 USC 2002; 
29 USC 2003; 29 USC 2004; 29 USC 2005; 29 USC 2006; 29 USC 2007; 29 USC 
2008; 29 USC 2009

CFR Citation:  29 CFR 801.53

Legal Deadline: None

Abstract: Pursuant to a streamlining initiative that decentralized the 
handling of hearing requests, this rule revises 29 CFR 801.53 to 
provide that such requests be made to the Wage and Hour official that 
issued the penalty assessment notice in care of the address of the 
office that originated the determination, rather than to the Wage and 
Hour Administrator in Washington, D.C. This clarification is necessary 
to conform the regulations to current agency practices.

Timetable:
_________________________________________________________________________

Action                            Date                      FR Cite

_________________________________________________________________________

Final Action                    09/07/95                    60 FR 46530
Final Action Effective          09/07/95

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
Phone: 202 219-8305
Fax: 202 219-5122

RIN: 1215-AB01
_______________________________________________________________________

2102.  CIVIL MONEY PENALTIES - PROCEDURES FOR ASSESSING AND 
CONTESTING PENALTIES

Priority:  Other

Reinventing Government: This rulemaking is part of the Reinventing 
Government effort. It will revise text in the CFR to reduce burden or 
duplication, or streamline requirements.

Legal Authority:  29 USC 9a; 29 USC 203; 29 USC 211; 29 USC 212; 29 USC 
216; Reorganization Plan No. 6 of 1950; 64 Stat 1263; 5 USC app; 88 
Stat 72, sec 25, 29; 88 Stat 76, sec 25, 29; 5 USC 500; 5 USC 503; 5 
USC 551; 5 USC 559; PL 101-157, sec 9; ...

CFR Citation:  29 CFR 580.6

Legal Deadline: None

Abstract: Pursuant to a streamlining initiative that decentralized the 
handling of hearing requests, this rule revises 29 CFR 580.6 to provide 
that such requests be made to the Wage and Hour official that issued 
the assessment notice in care of the address of the office that 
originated the determination, rather than to the Wage and Hour 
Administrator in Washington, D.C. This clarification is necessary to 
conform the regulations to current agency practices.

Timetable:
_________________________________________________________________________

Action                            Date                      FR Cite

_________________________________________________________________________

Final Action                    04/05/95                    60 FR 17221
Final Action Effective          04/05/95

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
Phone: 202 219-8305
Fax: 202 219-5122

RIN: 1215-AB02
_______________________________________________________________________

DEPARTMENT OF LABOR (DOL)                           Proposed Rule Stage
Employment and Training Administration (ETA)
  
_______________________________________________________________________
  
2103. AIRLINE DEREGULATION: EMPLOYEE BENEFIT PROGRAM

Priority:  Other Significant

Legal Authority:  49 USC 1552

CFR Citation:  20 CFR 618

Legal Deadline: None

Abstract: 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                            02/00/96
NPRM Comment Period End         04/00/96
Final Action                    10/00/96

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
Phone: 202 219-5309

RIN: 1205-AA07
_______________________________________________________________________

2104. LABOR CERTIFICATION PROCESS FOR THE PERMANENT EMPLOYMENT OF 
ALIENS IN THE UNITED STATES

Regulatory Plan:  This entry is Seq. No. 71 in Part II of this issue of 
the Federal Register.

RIN: 1205-AA66
_______________________________________________________________________

2105. 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                            06/00/96
NPRM Comment Period End         08/00/96
Final Action                    02/00/97

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
Phone: 202 219-5500

RIN: 1205-AA96
_______________________________________________________________________

2106. 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
NPRM                            01/00/96
NPRM Comment Period End         03/00/96
Final Action                    07/00/96

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
Phone: 202 219-5312

RIN: 1205-AB02
_______________________________________________________________________

2107. 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                            02/00/96
NPRM Comment Period End         04/00/96
Final Action                    09/00/96

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
Phone: 202 219-4369

RIN: 1205-AB09
_______________________________________________________________________

2108.  FEDERAL-STATE UNEMPLOYMENT COMPENSATION PROGRAM; 
UNEMPLOYMENT INSURANCE PERFORMANCE SYSTEM

Priority:  Other Significant

Reinventing Government: This rulemaking is part of the Reinventing 
Government effort. It will eliminate existing text in the CFR.

Legal Authority:  42 USC 503(a)(1); 42 USC 503(a)(6); 42 USC 503(b)

CFR Citation:  20 CFR 602; 20 CFR 640; 20 CFR 650

Legal Deadline: None

Abstract: This regulation will formally establish a comprehensive 
system for helping ensure continuous improvement in UI operational 
performance. It will enunciate as the system's building blocks 
principles for Federal and State cooperation, key nationwide 
performance measures, criteria distinguishing satisfactory from 
unsatisfactory performance, an annual planning process, and actions 
which the Department may take when a State fails to perform 
satisfactorily. This regulation will be as brief and general as 
possible; detail and measures, standards, criteria and plans will be 
contained in implementing handbooks.

Timetable:
_________________________________________________________________________

Action                            Date                      FR Cite

_________________________________________________________________________

NPRM                            06/00/96
NPRM Comment Period End         07/00/96

Small Entities Affected: Undetermined

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
Phone: 202 219-5220
Fax: 202 219-8506

RIN: 1205-AB10
_______________________________________________________________________

DEPARTMENT OF LABOR (DOL)                              Final Rule Stage
Employment and Training Administration (ETA)
  
_______________________________________________________________________
  
2109. 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                    01/00/96

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
Phone: 202 219-5257

RIN: 1205-AB03
_______________________________________________________________________

2110. 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
Phone: 202 219-5555

RIN: 1205-AB05
_______________________________________________________________________

2111. TRADE ADJUSTMENT ASSISTANCE FOR WORKERS--TRANSITIONAL 
ADJUSTMENT ASSISTANCE NAFTA-TAA

Priority:  Other Significant

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 12/31/
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.

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, Program Manager, Office of Trade 
Adjustment Assistance, Department of Labor, Employment and Training 
Administration, 200 Constitution Avenue NW., Room C4318, FP Building, 
Washington, DC 20210
Phone: 202 219-5555

RIN: 1205-AB07
_______________________________________________________________________

DEPARTMENT OF LABOR (DOL)                             Long-Term Actions
Employment and Training Administration (ETA)
  
_______________________________________________________________________
  
2112. 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: John R. Beverly, Deputy Director, USES, Department of 
Labor, Employment and Training Administration, 200 Constitution Ave. 
NW., Rm N4470, FP Building, Washington, DC 20210
Phone: 202 219-8174

RIN: 1205-AA37
_______________________________________________________________________

2113. 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                            11/00/96
NPRM Comment Period End         12/00/96

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
Phone: 202 219-5500

RIN: 1205-AA99
_______________________________________________________________________

DEPARTMENT OF LABOR (DOL)                             Completed Actions
Employment and Training Administration (ETA)
  
_______________________________________________________________________
  
2114. 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 End 
5/26/94                         04/26/94                    59 FR 21874
Final Action                    05/19/95                    60 FR 26574
Final Action Effective          06/30/96

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
Phone: 202 219-5500

RIN: 1205-AA29
_______________________________________________________________________

2115. JOB CORPS ALLOWANCES AND ALLOTMENTS

Priority:  Other

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                    04/14/95                    60 FR 18993
Final Action Effective          04/15/95

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
Phone: 202 219-6568

RIN: 1205-AA98
_______________________________________________________________________

2116. 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

_________________________________________________________________________

Withdrawn - Will be covered in 
broader regulation.             06/02/95

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
Phone: 202 219-5220

RIN: 1205-AB00
_______________________________________________________________________

DEPARTMENT OF LABOR (DOL)                           Proposed Rule Stage
Pension and Welfare Benefits Administration (PWBA)
  
_______________________________________________________________________
  
2117. 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 its 
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                            08/01/95                    60 FR 39208
NPRM Comment Period Extended to 
11/16/95                        09/29/95                    60 FR 50508
NPRM Comment Period End         10/02/95                    60 FR 39208
Final Action                    05/00/96

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
Phone: 202 219-8671

RIN: 1210-AA48
_______________________________________________________________________

2118.  REMOVAL OF OBSOLETE REGULATIONS AND INTERPRETIVE 
BULLETINS

Priority:  Other

Reinventing Government: This rulemaking is part of the Reinventing 
Government effort. It will eliminate existing text in the CFR.

Legal Authority:  29 USC 1135; 29 USC 1021 to 1025; 29 USC 1029 to 
1031; 29 USC 1107; 29 USC 1112; 29 USC 1114

CFR Citation:  29 CFR 2509; 29 CFR 2520; 29 CFR 2550

Legal Deadline: None

Abstract: PWBA plans to propose the removal from the Code of Federal 
Regulations certain regulations and interpretive bulletins under the 
Employee Retirement Income Security Act of 1974 (ERISA) that have been 
determined to be obsolete and unnecessary. Many of these obsolete 
regulations and interpretive bulletins provided transitional rules to 
assist plan sponsors, plan administrators, and others subject to the 
requirements of title I of ERISA, in coming into compliance with 
ERISA's requirements following ERISA's enactment in 1974.

Timetable:
_________________________________________________________________________

Action                            Date                      FR Cite

_________________________________________________________________________

NPRM                            03/00/96
NPRM Comment Period End         05/00/96

Small Entities Affected: None

Government Levels Affected: None

Agency Contact: Katherine D. Lewis, Pension Law Specialist, Department 
of Labor, Pension and Welfare Benefits Administration, 200 Constitution 
Avenue NW., Room N5669, FP Building, Washington, DC 20210
Phone: 202 219-7461

RIN: 1210-AA51
_______________________________________________________________________

2119.  REVISION OF THE FORM 5500 SERIES AND RELATED 
REGULATIONS UNDER THE EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974 
(ERISA)

Regulatory Plan:  This entry is Seq. No. 72 in Part II of this issue of 
the Federal Register.

RIN: 1210-AA52
_______________________________________________________________________

DEPARTMENT OF LABOR (DOL)                              Final Rule Stage
Pension and Welfare Benefits Administration (PWBA)
  
_______________________________________________________________________
  
2120. INTERPRETIVE BULLETIN ON PARTICIPANT EDUCATION

Priority:  Other Significant

Legal Authority:  29 USC 1135

CFR Citation:  29 CFR 2509

Legal Deadline: None

Abstract: This interpretive bulletin will provide guidance to plan 
sponsors, fiduciaries, participants and beneficiaries concerning the 
circumstances under which the provision of investment-related 
educational information, programs and materials to ERISA section 404(c) 
plan participants and beneficiaries will not rise to fiduciary 
liability under ERISA.

Timetable:
_________________________________________________________________________

Action                            Date                      FR Cite

_________________________________________________________________________

Final Action                    12/00/95

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
Phone: 202 219-8671

RIN: 1210-AA50
_______________________________________________________________________

DEPARTMENT OF LABOR (DOL)                             Long-Term Actions
Pension and Welfare Benefits Administration (PWBA)
  
_______________________________________________________________________
  
2121. ADEQUATE CONSIDERATION

Priority:  Other Significant

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


Next Action Undetermined

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
Phone: 202 219-4592

RIN: 1210-AA15
_______________________________________________________________________

2122. 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                            12/00/96

Small Entities Affected: Undetermined

Government Levels Affected: Undetermined

Agency Contact: Susan Lahne, Supervisory Pension Law Specialist, 
Department of Labor, Pension and Welfare Benefits Administration, 200 
Constitution Ave. NW., Rm N5669, FP Building, Washington, DC 20210
Phone: 202 219-7461

RIN: 1210-AA19
_______________________________________________________________________

2123. CIVIL PENALTIES UNDER ERISA SECTION 502(L)

Priority:  Other Significant

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(l): ``applicable recovery amount,'' ``breach of fiduciary 
responsibility or violation,'' ``settlement agreement'', and ``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


Next Action Undetermined

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
Phone: 202 219-8610

RIN: 1210-AA37
_______________________________________________________________________

2124. REPORTING AND DISCLOSURE UNDER THE EMPLOYEE RETIREMENT INCOME 
SECURITY ACT OF 1974

Priority:  Other Significant

Reinventing Government: This rulemaking is part of the Reinventing 
Government effort. It will revise text in the CFR to reduce burden or 
duplication, or streamline requirements.

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: PWBA has undertaken a comprehensive review of the current 
reporting and disclosure framework to identify changes that will serve 
to assure the disclosure of useful and timely information, while 
eliminating any unnecessary administrative burdens and costs on plans 
and plan sponsors attendant to compliance with these requirements. As 
an initial step in this process, PWBA solicited comments, 
recommendations and information from the public concerning the need for 
regulatory and legislative changes in the disclosure area. PWBA 
concluded that only marginal changes to the disclosure requirements can 
be accomplished through the regulatory process and, therefore, reform 
efforts should focus on regulatory changes relating to the streamlining 
of the Form 5500 Series, and related annual reporting regulations, in 
addition to possible legislative changes to both the reporting and 
disclosure provisions.

Timetable:
_________________________________________________________________________

Action                            Date                      FR Cite

_________________________________________________________________________

ANPRM                           12/27/93                    58 FR 68339
ANPRM Comment Period End        02/25/94
End Review                      06/30/95


Next Action Undetermined

Small Entities Affected: Undetermined

Government Levels Affected: Undetermined

Agency Contact: John J. Canary, Supervisory Pension Law Specialist, 
Department of Labor, Pension and Welfare Benefits Administration, 200 
Constitution Avenue NW., Room N5669, FP Building, Washington, DC 20210
Phone: 202 219-7461

RIN: 1210-AA44
_______________________________________________________________________

DEPARTMENT OF LABOR (DOL)                             Completed Actions
Pension and Welfare Benefits Administration (PWBA)
  
_______________________________________________________________________
  
2125. 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 voluntarily complying with the 
annual reporting requirements under Title I of ERISA, encourages 
reporting compliance.

Timetable:
_________________________________________________________________________

Action                            Date                      FR Cite

_________________________________________________________________________

Final Action                    04/27/95                    60 FR 20874
Final Action Effective          04/27/95

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
Phone: 202 219-8868

RIN: 1210-AA49
_______________________________________________________________________

DEPARTMENT OF LABOR (DOL)                           Proposed Rule Stage
Office of the American Workplace (OAW)
  
_______________________________________________________________________
  
2126. REPORTING BY LABOR RELATIONS CONSULTANTS AND OTHER PERSONS

Priority:  Substantive, Nonsignificant

Reinventing Government: This rulemaking is part of the Reinventing 
Government effort. It will revise text in the CFR to reduce burden or 
duplication, or streamline requirements.

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                            11/00/95

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
Phone: 202 219-7373

RIN: 1294-AA12
_______________________________________________________________________

DEPARTMENT OF LABOR (DOL)                              Final Rule Stage
Office of the American Workplace (OAW)
  
_______________________________________________________________________
  
2127. ELIGIBILITY REQUIREMENTS FOR CANDIDACY FOR UNION OFFICE

Priority:  Substantive, Nonsignificant

Reinventing Government: This rulemaking is part of the Reinventing 
Government effort. It will revise text in the CFR to reduce burden or 
duplication, or streamline requirements.

Legal Authority:  29 USC 481; 29 USC 482

CFR Citation:  29 CFR 452.38

Legal Deadline: None

Abstract: A NPRM has been issued soliciting comments on a proposed 
revision of the Department's regulation on the reasonableness of a 
union's meeting attendance requirement for union officer candidacy so 
that the regulation will 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 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. The NPRM was prepared after reviewing comments from the 
public on the previously issued ANPRM.

Timetable:
_________________________________________________________________________

Action                            Date                      FR Cite

_________________________________________________________________________

ANPRM                           06/15/94                    59 FR 30834
ANPRM Comment Period End        08/15/94
NPRM                            05/17/95                    60 FR 26388
NPRM Comment Period End         07/17/95
Final Action                    11/00/95

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
Phone: 202 219-7373

RIN: 1294-AA09
_______________________________________________________________________

2128.  GUIDELINES, SECTION 5333(B), FEDERAL TRANSIT LAW

Priority:  Substantive, Nonsignificant

Legal Authority:  49 USC 5333(b) Federal Transit Law

CFR Citation:  29 CFR 215

Legal Deadline: None

Abstract: The Office of the American Workplace proposes to revise the 
guidelines concerning its procedures for administering section 5333(b) 
of the Federal Transit law, commonly known as section 13(l). These 
revised guidelines will replace the existing guidelines in their 
entirety. Section 5333(b) requires that certain protective arrangements 
for transit employees be in place as a condition of Federal financial 
assistance for transit projects. The proposed changes have been 
developed to standardize the certification process, thereby insuring 
certification of protective arrangements in a prompt manner after an 
application has been submitted, and to make the certification process 
more predictable for the parties involved.

Timetable:
_________________________________________________________________________

Action                            Date                      FR Cite

_________________________________________________________________________

NPRM                            06/29/95                    60 FR 34072
NPRM Comment Period End         07/31/95
Final Action                    11/00/95

Small Entities Affected: None

Government Levels Affected: None

Additional Information: This effort was not part of a formal 
reinventing government activity, but it is designed specifically to 
reduce the regulatory burden and streamline requirements.

Agency Contact: Charles L. Smith, Deputy Assistant Secretary, 
Department of Labor, Office of the American Workplace, 200 Constitution 
Avenue NW., Room S2203, FP Building, Washington, DC 20210
Phone: 202 219-6045
Fax: 202 219-4315

RIN: 1294-AA14
_______________________________________________________________________

DEPARTMENT OF LABOR (DOL)                             Completed Actions
Office of the American Workplace (OAW)
  
_______________________________________________________________________
  
2129. 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 regulation implements Executive Order 12954, ``Ensuring 
the Economical and Efficient Administration and Completion of Federal 
Government Contracts.'' The Order states that it 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 regulation establishes 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                    05/25/95                    60 FR 27856
Final Action Effective          06/26/95                    60 FR 27856

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, Deputy Assistant Secretary, 
Department of Labor, Office of the American Workplace, 200 Constitution 
Avenue NW., Room S2203, FP Building, Washington, DC 20210
Phone: 202 219-6045

RIN: 1294-AA13
_______________________________________________________________________

DEPARTMENT OF LABOR (DOL)                                 Prerule Stage
Mine Safety and Health Administration (MSHA)
  
_______________________________________________________________________
  
2130. ADVISORY COMMITTEE ON THE ELIMINATION OF PNEUMOCONIOSIS AMONG 
COAL MINERS

Priority:  Other Significant

Legal Authority:  30 USC 811; 30 USC 812; 5 USC app

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

Legal Deadline: None
The Committee will terminate 180 days from the date of its appointment.

Abstract: The Federal Coal Mine Health and Safety Act of 1969 
established the first comprehensive respirable dust standards for coal 
mines. These standards were designed to reduce the incidence of coal 
workers' pneumoconiosis (``black lung'') and silicosis and eventually 
eliminate these diseases. While significant progress has been made 
toward improving the health conditions in our Nation's coal mines, 
miners continue to be at risk of developing occupational lung disease, 
according to the National Institute for Occupational Safety and Health 
(NIOSH). On January 31, 1995, Secretary of Labor Robert Reich announced 
his intention to appoint an advisory committee to make recommendations 
for the elimination of black lung and silicosis among coal miners. The 
advisory committee is expected to convene in late 1995.

Timetable:
_________________________________________________________________________

Action                            Date                      FR Cite

_________________________________________________________________________

Recommendations Expected        06/00/96

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, Arlington, VA 22203
Phone: 703 235-1910

RIN: 1219-AA81
_______________________________________________________________________

2131. SURFACE HAULAGE

Priority:  Other Significant

Legal Authority:  30 USC 811

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

Legal Deadline: None

Abstract: Accidents involving surface haulage equipment constitute a 
major safety problem in the mining industry. A review of fatal mining 
accidents during the past 3 years shows that 30% of the deaths involved 
surface haulage equipment. This equipment includes large 240 ton 
haulage vehicles, over-the-road trucks, front-end loaders, and other 
equipment. Causes of surface haulage accidents include brake failures, 
unsafe grades, overloaded vehicles, and ``blindspots.'' To address this 
problem, MSHA intends to issue an advance notice of proposed rulemaking 
which would request information on the safe operation of surface 
haulage equipment and which would focus on these and other factors 
linked to accidents involving surface haulage equipment.

Timetable:
_________________________________________________________________________

Action                            Date                      FR Cite

_________________________________________________________________________

ANPRM                           01/00/96
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, Arlington, VA 22203
Phone: 703 235-1910

RIN: 1219-AA93
_______________________________________________________________________

2132. 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 intends to issue an Advance Notice of 
Proposed Rulemaking to obtain additional information and data on mine 
operators' experiences with these machines. The Agency is exploring the 
use of negotiated rulemaking to address this issue.

Timetable:
_________________________________________________________________________

Action                            Date                      FR Cite

_________________________________________________________________________

ANPRM                           01/00/96

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, Arlington, VA 22203
Phone: 703 235-1910

RIN: 1219-AA94
_______________________________________________________________________

DEPARTMENT OF LABOR (DOL)                           Proposed Rule Stage
Mine Safety and Health Administration (MSHA)
  
_______________________________________________________________________
  
2133. NOISE STANDARD

Regulatory Plan:  This entry is Seq. No. 73 in Part II of this issue of 
the Federal Register.

RIN: 1219-AA53
_______________________________________________________________________

2134. DIESEL PARTICULATE

Priority:  Other Significant

Legal Authority:  30 USC 811

CFR Citation:  Not yet determined

Legal Deadline: None

Abstract: Several epidemiological studies have found that diesel 
exhaust presents potential health risks to workers. These possible 
health effects range from headaches and nausea to respiratory disease 
and cancer.
In 1988, a Secretarial advisory committee made recommendations to the 
Secretary of Labor concerning safety and health standards for the use 
of diesel-powered equipment in underground coal mines. One of the 
recommendations was for the Secretary of Labor to set in motion a 
mechanism whereby a diesel particulate standard could be set. Based on 
that recommendation, the Mine Safety and Health Administration (MSHA) 
published an advance notice of proposed rulemaking, in January 1992, 
seeking information relative to exposure limits, risk assessment, 
sampling and monitoring methods, and control feasibility. Because of 
the potential health risk to miners from exposure to diesel 
particulate, MSHA is investigating a variety of approaches that would 
control the exposure of miners to diesel particulate.

Timetable:
_________________________________________________________________________

Action                            Date                      FR Cite

_________________________________________________________________________

ANPRM                           01/06/92                      57 FR 500
ANPRM Comment Period End        07/10/92                     57 FR 7906
NPRM                            02/00/96

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, Arlington, VA 22203
Phone: 703 235-1910

RIN: 1219-AA74
_______________________________________________________________________

2135. BELT ENTRY USE AS INTAKE AIRCOURSES TO VENTILATE WORKING 
SECTIONS

Priority:  Other Significant

Reinventing Government: This rulemaking is part of the Reinventing 
Government effort. It will revise text in the CFR to reduce burden or 
duplication, or streamline requirements.

Legal Authority:  30 USC 811

CFR Citation:  30 CFR 75

Legal Deadline: None

Abstract: Since 1970, Mine Safety and Health Administration (MSHA) 
regulations have generally prohibited belt haulage entries from being 
used to ventilate active working places. The intention of this 
prohibition is to prevent smoke from a belt conveyor fire from being 
coursed to miners in their workplace. Improved technology, including 
sophisticated atmospheric monitoring systems, has since made it 
possible to safely use ``belt air'' to ventilate active working places. 
This rulemaking would permit the use of belt air, provided that certain 
safety requirements are met. In many cases, the use of belt air may 
result in more efficient and effective ventilation systems, enhancing 
the health and safety of miners. Additionally, because this regulation 
will eliminate the need for mine operators to seek regulatory variances 
from MSHA, costs and burdens on both industry and MSHA will be reduced.

Timetable:
_________________________________________________________________________

Action                            Date                      FR Cite

_________________________________________________________________________

NPRM                            06/00/96

Small Entities Affected: Businesses

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, Arlington, VA 22203
Phone: 703 235-1910

RIN: 1219-AA76
_______________________________________________________________________

2136.  SAFETY STANDARD REVISIONS FOR UNDERGROUND ANTHRACITE 
MINES

Priority:  Other Significant

Reinventing Government: This rulemaking is part of the Reinventing 
Government effort. It will revise text in the CFR to reduce burden or 
duplication, or streamline requirements.

Legal Authority:  30 USC 811

CFR Citation:  30 CFR 75

Legal Deadline: None

Abstract: There are two major types of coal mines -- bituminous and 
anthracite. The mining methods used and hazards encountered in 
underground anthracite mines are significantly different from 
underground bituminous coal mines. Mining methods in anthracite mines 
include minimal use of mechanized equipment, slow rate of advance into 
the coal seam, pitching and undulating seams, and non-explosiveness of 
coal dust. Because of these differences, some mine operators find it 
difficult to comply with existing safety standards at their anthracite 
mines. These individual anthracite mine operators must request a 
variance from existing standards to change the requirements. The 
variance process costs time and money. Because anthracite mines are 
usually small operations, this burden can be significant. MSHA has 
received 250 variance requests from anthracite mine operators over the 
last 2 years. MSHA intends to issue a proposed rule to modify several 
existing safety standards to address more appropriately the specific 
conditions of the anthracite mining industry.

Timetable:
_________________________________________________________________________

Action                            Date                      FR Cite

_________________________________________________________________________

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 Blvd, Room 631, Arlington, VA 22203
Phone: 703 235-1910
Fax: 703 235-5551

RIN: 1219-AA96
_______________________________________________________________________

2137.  FIRST-AID AT METAL AND NONMETAL MINES

Priority:  Substantive, Nonsignificant

Reinventing Government: This rulemaking is part of the Reinventing 
Government effort. It will revise text in the CFR to reduce burden or 
duplication, or streamline requirements.

Legal Authority:  30 USC 811

CFR Citation:  30 CFR 56; 30 CFR 57

Legal Deadline: None

Abstract: Existing standards for metal and nonmetal mines require that 
selected supervisors be trained in first aid and that first-aid 
training be made available to all interested persons. The intent of 
this standard was to ensure that, in the event of an emergency, a 
person competent to administer first aid was available at the mine site 
during each working shift. MSHA recognizes that there are persons 
highly trained and competent to administer first aid other than 
supervisors; yet, the standard, as written, does not allow the mine 
operator this flexibility. MSHA, therefore, is developing a proposed 
rule to revise this standard to remove the requirement that selected 
supervisors have to be trained in first aid, and to substitute the 
requirement that a person trained and capable of administering first 
aid be available at the mine on all shifts. This proposal would be 
consistent with a petition for rulemaking submitted to the Secretary by 
a large segment of the mining industry.

Timetable:
_________________________________________________________________________

Action                            Date                      FR Cite

_________________________________________________________________________

NPRM                            10/27/95                    60 FR 55150
NPRM Comment Period End         12/11/95

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, Arlington, VA 22203
Phone: 703 235-1910
Fax: 703 235-5551

RIN: 1219-AA97
_______________________________________________________________________

DEPARTMENT OF LABOR (DOL)                              Final Rule Stage
Mine Safety and Health Administration (MSHA)
  
_______________________________________________________________________
  
2138. UNDERGROUND COAL MINE VENTILATION

Priority:  Other Significant

Legal Authority:  30 USC 811

CFR Citation:  30 CFR 75

Legal Deadline: None

Abstract: The final 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. The application of 3 provisions of the existing 
rule has been stayed. The final rule would revise the stayed and other 
provisions to respond to the mining community and 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                    02/00/96

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, Arlington, VA 22203
Phone: 703 235-1910

RIN: 1219-AA11
_______________________________________________________________________

2139. DIESEL-POWERED EQUIPMENT FOR UNDERGROUND COAL MINES

Regulatory Plan:  This entry is Seq. No. 74 in Part II of this issue of 
the Federal Register.

RIN: 1219-AA27
_______________________________________________________________________

2140. 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; to 
emerging hazards, including hazardous wastes burned as fuel supplements 
at cement kilns; and to changing hazards from the many chemicals 
brought onto mine property. 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 developing this 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, 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                    01/00/96

Small Entities Affected: Businesses

Government Levels Affected: None

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

RIN: 1219-AA47
_______________________________________________________________________

2141. AIR QUALITY, CHEMICAL SUBSTANCES, AND RESPIRATORY PROTECTION 
STANDARDS

Priority:  Other Significant

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: The Mine Safety and Health Administration's (MSHA's) current 
air quality standards for exposure to hazardous airborne contaminants 
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 permissible 
exposure limits (PELs) 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 exposed to 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                    01/00/96

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, Arlington, VA 22203
Phone: 703 235-1910

RIN: 1219-AA48
_______________________________________________________________________

2142. LONGWALL EQUIPMENT (INCLUDING HIGH-VOLTAGE)

Regulatory Plan:  This entry is Seq. No. 75 in Part II of this issue of 
the Federal Register.

RIN: 1219-AA75
_______________________________________________________________________

2143. 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 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                    05/00/96

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, Arlington, VA 22203
Phone: 703 235-1910

RIN: 1219-AA82
_______________________________________________________________________

2144. 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 and the Agency's enforcement experience with 
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                    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, Arlington, VA 22203
Phone: 703 235-1910

RIN: 1219-AA84
_______________________________________________________________________

2145. INDEPENDENT LABORATORY TESTING

Priority:  Substantive, Nonsignificant

Reinventing Government: This rulemaking is part of the Reinventing 
Government effort. It will revise text in the CFR to reduce burden or 
duplication, or streamline requirements.

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: To ensure that only safe products are used in mines, MSHA 
sets approval requirements and tests products itself. This rulemaking 
would allow MSHA to accept testing of certain mine equipment performed 
by independent laboratories. It also would allow MSHA to approve 
products which satisfied alternative testing and evaluation 
requirements, provided that the alternative requirements were 
equivalent to MSHA's own, or could be enhanced to be equivalent. By 
reducing its testing activities, MSHA could direct more resources 
toward verifying that products in use have been manufactured in 
compliance with the relevant approval. This rulemaking is consistent 
with a 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
Public Hearing Notice           10/10/95                    60 FR 52640
Final Action                    05/00/96

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, Arlington, VA 22203
Phone: 703 235-1910

RIN: 1219-AA87
_______________________________________________________________________

2146. 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                    04/00/96

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, Arlington, VA 22203
Phone: 703 235-1910

RIN: 1219-AA92
_______________________________________________________________________

DEPARTMENT OF LABOR (DOL)                             Long-Term Actions
Mine Safety and Health Administration (MSHA)
  
_______________________________________________________________________
  
2147. 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. Due to the many chemicals used and 
stored in mining, the toxic 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                            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, Arlington, VA 22203
Phone: 703 235-1910

RIN: 1219-AA54
_______________________________________________________________________

2148. 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, Arlington, VA 22203
Phone: 703 235-1910

RIN: 1219-AA72
_______________________________________________________________________

2149. 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 regulations 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 has not 
adhered to required regulatory procedures. The final rule would 
establish 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 regulations 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                    00/00/00

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, Arlington, VA 22203
Phone: 703 235-1910

RIN: 1219-AA79
_______________________________________________________________________

2150. 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, and some 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, Arlington, VA 22203
Phone: 703 235-1910

RIN: 1219-AA83
_______________________________________________________________________

2151. 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: Current MSHA regulations place metal and nonmetal mines with 
a history of, or a potential for, methane liberation (gassy mines) into 
several categories. Safety standards for methane detection and 
prevention apply to a mine depending on its category. Recent legal 
decisions have narrowed the application of existing gassy mine 
standards, leading MSHA to conclude that the standards may need to be 
revised to protect adequately all miners who work in gassy mines. 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, Arlington, VA 22203
Phone: 703 235-1910

RIN: 1219-AA90
_______________________________________________________________________

DEPARTMENT OF LABOR (DOL)                             Completed Actions
Mine Safety and Health Administration (MSHA)
  
_______________________________________________________________________
  
2152. RESPIRATOR APPROVAL

Priority:  Other

Legal Authority:  30 USC 811; 30 USC 957; 30 USC 961

CFR Citation:  30 CFR 11; 30 CFR 49; 30 CFR 56; 30 CFR 57; 30 CFR 58; 
30 CFR 70; 30 CFR 72; 30 CFR 75

Legal Deadline: None

Abstract: Under the 1977 Mine Act, MSHA and the National Institute for 
Occupational Safety and Health jointly approved respirators for use in 
hazardous atmospheres. NIOSH's rulemaking upgrades existing provisions 
for Federal certification of respirators in a new 42 CFR Part 84 which 
replaces 30 CFR Part 11. Under the new regulations, MSHA and NIOSH 
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                    06/08/95                    60 FR 30336
Final Action Effective          07/10/95

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, Arlington, VA 22203
Phone: 703 235-1910

RIN: 1219-AA85
_______________________________________________________________________

DEPARTMENT OF LABOR (DOL)                           Proposed Rule Stage
Office of the Assistant Secretary for Administration and Management 
(OASAM)
  
_______________________________________________________________________
  
2153. 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                            04/00/96

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
Phone: 202 219-8927

RIN: 1291-AA21
_______________________________________________________________________

DEPARTMENT OF LABOR (DOL)                             Long-Term Actions
Office of the Assistant Secretary for Administration and Management 
(OASAM)
  
_______________________________________________________________________
  
2154. DEPARTMENT OF LABOR ACQUISITION REGULATIONS

Priority:  Other

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

Procurement: This is a procurement-related action for which there is a 
statutory requirement. The agency has not yet determined whether there 
is a paperwork burden associated with this action.
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 
N5425, FP Bldg., Washington, DC 20210
Phone: 202 219-9174

RIN: 1291-AA20
_______________________________________________________________________

DEPARTMENT OF LABOR (DOL)                             Completed Actions
Office of the Assistant Secretary for Administration and Management 
(OASAM)
  
_______________________________________________________________________
  
2155. UNIFORM ADMINISTRATIVE REQUIREMENTS FOR GRANTS AND 
COOPERATIVE AGREEMENTS TO STATE AND LOCAL GOVERNMENTS (THRESHOLDS)

Priority:  Other

Legal Authority:  5 USC 301; OMB Circular A-102

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                    04/19/95                    60 FR 19638
Final Action Effective          04/19/95

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.

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 
N5425, FP Building, Washington, DC 20210
Phone: 202 219-9174

RIN: 1291-AA22
_______________________________________________________________________

2156. 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
Final Action                    06/26/95                    60 FR 33037
Final Action Effective          08/25/95

Small Entities Affected: None

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 and 
Grant Policy, Department of Labor, Office of the Assistant Secretary 
for Administration and Management, 200 Constitution Avenue NW., Room 
N5425, FP Building, Washington, DC 20210
Phone: 202 219-9174

RIN: 1291-AA23
_______________________________________________________________________

DEPARTMENT OF LABOR (DOL)                           Proposed Rule Stage
Occupational Safety and Health Administration (OSHA)
  
_______________________________________________________________________
  
2157. STEEL ERECTION (PART 1926) (SAFETY PROTECTION FOR 
IRONWORKING)

Regulatory Plan:  This entry is Seq. No. 76 in Part II of this issue of 
the Federal Register.

RIN: 1218-AA65
_______________________________________________________________________

2158. RECORDING AND REPORTING OCCUPATIONAL INJURIES AND ILLNESSES 
(SIMPLIFIED INJURY/ILLNESS RECORDKEEPING REQUIREMENTS)

Regulatory Plan:  This entry is Seq. No. 77 in Part II of this issue of 
the Federal Register.

RIN: 1218-AB24
_______________________________________________________________________

2159. PREVENTION OF WORK-RELATED MUSCULOSKELETAL DISORDERS

Regulatory Plan:  This entry is Seq. No. 78 in Part II of this issue of 
the Federal Register.

RIN: 1218-AB36
_______________________________________________________________________

2160. COMPREHENSIVE OCCUPATIONAL SAFETY AND HEALTH PROGRAMS

Regulatory Plan:  This entry is Seq. No. 79 in Part II of this issue of 
the Federal Register.

RIN: 1218-AB41
_______________________________________________________________________

2161. 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                            07/00/96

Small Entities Affected: Businesses

Government Levels Affected: Undetermined

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

RIN: 1218-AB45
_______________________________________________________________________

2162. OCCUPATIONAL EXPOSURE TO TUBERCULOSIS

Regulatory Plan:  This entry is Seq. No. 80 in Part II of this issue of 
the Federal Register.

RIN: 1218-AB46
_______________________________________________________________________

2163. GENERAL WORKING CONDITIONS IN SHIPYARDS (PART 1915, SUBPART 
F) (PHASE II) (SHIPYARDS: GENERAL WORKING CONDITIONS)

Priority:  Substantive, Nonsignificant

Reinventing Government: This rulemaking is part of the Reinventing 
Government effort. It will revise text in the CFR to reduce burden or 
duplication, or streamline requirements.

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, 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                            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
Phone: 202 219-8061

RIN: 1218-AB50
_______________________________________________________________________

2164.  ELIMINATING AND IMPROVING REGULATIONS

Regulatory Plan:  This entry is Seq. No. 81 in Part II of this issue of 
the Federal Register.

RIN: 1218-AB53
_______________________________________________________________________

2165.  PERMISSIBLE EXPOSURE LIMITS (PELS) FOR AIR 
CONTAMINANTS

Regulatory Plan:  This entry is Seq. No. 82 in Part II of this issue of 
the Federal Register.

RIN: 1218-AB54
_______________________________________________________________________

2166.  REVISION OF CERTAIN STANDARDS PROMULGATED UNDER 
SECTION 6(A) OF THE WILLIAMS-STEIGER OCCUPATIONAL SAFETY AND HEALTH ACT 
OF 1970

Regulatory Plan:  This entry is Seq. No. 83 in Part II of this issue of 
the Federal Register.

RIN: 1218-AB55
_______________________________________________________________________

2167.  GRAIN HANDLING FACILITIES

Priority:  Other Significant

Legal Authority:  29 USC 655(b); 5 USC 533

CFR Citation:  29 CFR 1910.272; 29 CFR 1911

Legal Deadline: None

Abstract: Paragraph (g) of OSHA's standard for grain handling 
facilities (section 1910.272) cover employee entry into bins, gilos, 
and tanks. Currently, paragraph (g) does not apply to certain grain 
storage buildings; nor to certain tanks unless entry into such tanks is 
made from the top of the structure. This proposed rule would amend 
paragraph (g) of section 1910.272 to assure and to clarify OSHA's 
original intent that this paragraph is applicable to all entries into 
structures that are made above the level of the grain.

Timetable:
_________________________________________________________________________

Action                            Date                      FR Cite

_________________________________________________________________________

NPRM                            12/00/95

Small Entities Affected: Undetermined

Government Levels Affected: None

Sectors Affected:  272 Periodicals: Publishing, or Publishing and 
Printing; 422 Public Warehousing and Storage; 515 Farm-product Raw 
Materials; 204 Grain Mill Products

Analysis: Regulatory Flexibility Analysis

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
Phone: 202 219-8061
Fax: 202 219-7477

RIN: 1218-AB56
_______________________________________________________________________

DEPARTMENT OF LABOR (DOL)                              Final Rule Stage
Occupational Safety and Health Administration (OSHA)
  
_______________________________________________________________________
  
2168. 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). On April 17, 1995 (60 FR 19162), OSHA extended 
the comment period until May 15, 1995. Hearings began on June 6, 1995 
and ended on June 20, 1995. The post-hearing comment period is 
scheduled to end on September 20, 1995.
On May 25, 1995 (60 FR 27707), OSHA published a notice to schedule a 
technical panel discussion on assigned protection factors as part of 
the pending rulemaking hearing.

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                            11/15/94                    59 FR 58884
Final Action                    09/00/96

Small Entities Affected: Undetermined

Government Levels Affected: Undetermined

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

RIN: 1218-AA05
_______________________________________________________________________

2169. SCAFFOLDS (PART 1926) (CONSTRUCTION: SAFER SCAFFOLDS)

Priority:  Substantive, Nonsignificant

Reinventing Government: This rulemaking is part of the Reinventing 
Government effort. It will revise text in the CFR to reduce burden or 
duplication, or streamline requirements.

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                    12/00/95

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
Phone: 202 219-8061

RIN: 1218-AA40
_______________________________________________________________________

2170. SAFETY AND HEALTH REGULATIONS FOR LONGSHORING (PART 1918) AND 
MARINE TERMINALS (PART 1917) (SHIPYARDS: PROTECTING LONGSHORING WORKERS)

Priority:  Substantive, Nonsignificant

Reinventing Government: This rulemaking is part of the Reinventing 
Government effort. It will revise text in the CFR to reduce burden or 
duplication, or streamline requirements.

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                    04/00/96

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
Phone: 202 219-8061

RIN: 1218-AA56
_______________________________________________________________________

2171. SCAFFOLDS IN SHIPYARDS (PART 1915 - SUBPART N) (PHASE I) 
(SHIPYARDS: SAFER SCAFFOLDS)

Priority:  Substantive, Nonsignificant

Reinventing Government: This rulemaking is part of the Reinventing 
Government effort. It will revise text in the CFR to reduce burden or 
duplication, or streamline requirements.

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 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                    06/00/96

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
Phone: 202 219-8061

RIN: 1218-AA68
_______________________________________________________________________

2172. ACCESS AND EGRESS IN SHIPYARDS (PART 1915, SUBPART E) (PHASE 
I) (SHIPYARDS: EMERGENCY EXITS AND AISLES)

Priority:  Substantive, Nonsignificant

Reinventing Government: This rulemaking is part of the Reinventing 
Government effort. It will revise text in the CFR to reduce burden or 
duplication, or streamline requirements.

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                    07/00/96

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
Phone: 202 219-8061

RIN: 1218-AA70
_______________________________________________________________________

2173. PERSONAL PROTECTIVE EQUIPMENT IN SHIPYARDS (PART 1915) 
(SHIPYARDS: GOGGLES, GLOVES, AND OTHER PPE)

Priority:  Substantive, Nonsignificant

Reinventing Government: This rulemaking is part of the Reinventing 
Government effort. It will revise text in the CFR to reduce burden or 
duplication, or streamline requirements.

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
Reopened Record Comment Period 
Ends 8/22/94                    07/06/94                    59 FR 34586
Comment Period Ended 1/25/95    12/13/94                    59 FR 64173
Final Action                    12/00/95

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
Phone: 202 219-8061

RIN: 1218-AA74
_______________________________________________________________________

2174. 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 November 
26, 1991, and February 10, 1992, respectively.

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                    12/00/95

Small Entities Affected: Undetermined

Government Levels Affected: Undetermined

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

RIN: 1218-AA83
_______________________________________________________________________

2175. 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                    09/00/96

Small Entities Affected: Undetermined

Government Levels Affected: Undetermined

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

RIN: 1218-AA84
_______________________________________________________________________

2176. 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 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                    04/00/96

Small Entities Affected: Undetermined

Government Levels Affected: Undetermined

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

RIN: 1218-AA98
_______________________________________________________________________

2177. WALKING WORKING SURFACES AND PERSONAL FALL PROTECTION SYSTEMS 
(PART 1910) (SLIPS, TRIPS, AND FALLS PREVENTION)

Regulatory Plan:  This entry is Seq. No. 84 in Part II of this issue of 
the Federal Register.

RIN: 1218-AB04
_______________________________________________________________________

2178. 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 verification 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                    12/00/95

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
Phone: 202 219-8041

RIN: 1218-AB40
_______________________________________________________________________

DEPARTMENT OF LABOR (DOL)                             Long-Term Actions
Occupational Safety and Health Administration (OSHA)
  
_______________________________________________________________________
  
2179. 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                    00/00/00

Small Entities Affected: Undetermined

Government Levels Affected: State, Local, Federal

Analysis: Regulatory Flexibility Analysis

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
Phone: 202 219-8061

RIN: 1218-AB27
_______________________________________________________________________

2180. CONTROL OF HAZARDOUS ENERGY (LOCKOUT)--CONSTRUCTION (PART 
1926) (PREVENTING CONSTRUCTION INJURIES/FATALITIES: LOCKOUT)

Priority:  Substantive, Nonsignificant

Reinventing Government: This rulemaking is part of the Reinventing 
Government effort. It will revise text in the CFR to reduce burden or 
duplication, or streamline requirements.

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                            06/00/97

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
Phone: 202 219-8061

RIN: 1218-AB30
_______________________________________________________________________

2181. POWERED INDUSTRIAL TRUCK OPERATOR TRAINING (INDUSTRIAL TRUCK 
SAFETY TRAINING)

Priority:  Substantive, Nonsignificant

Reinventing Government: This rulemaking is part of the Reinventing 
Government effort. It will revise text in the CFR to reduce burden or 
duplication, or streamline requirements.

Legal Authority:  29 USC 655(b)

CFR Citation:  29 CFR 1910.178; 29 CFR 1915.120; 29 CFR 1917.43; 29 CFR 
1918.77; 29 CFR 1926.602

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
Phone: 202 219-8061

RIN: 1218-AB33
_______________________________________________________________________

2182. 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 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
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: Adam Finkel, Director, Health Standards Programs, 
Department of Labor, Occupational Safety and Health Administration, 200 
Constitution Avenue NW., Room N3718, FP Building, Washington, DC 20210
Phone: 202 219-7075

RIN: 1218-AB37
_______________________________________________________________________

2183. CONFINED SPACES FOR CONSTRUCTION (PART 1926) (CONSTRUCTION: 
PREVENTING SUFFOCATION/EXPLOSIONS IN CONFINED SPACES)

Priority:  Substantive, Nonsignificant

Reinventing Government: This rulemaking is part of the Reinventing 
Government effort. It will revise text in the CFR to reduce burden or 
duplication, or streamline requirements.

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                            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., Room N3605, FP Building, 
Washington, DC 20210
Phone: 202 219-8061

RIN: 1218-AB47
_______________________________________________________________________

2184. FIRE PROTECTION IN SHIPYARD EMPLOYMENT (PART 1915, SUBPART P) 
(PHASE II) (SHIPYARDS: FIRE SAFETY)

Priority:  Substantive, Nonsignificant

Reinventing Government: This rulemaking is part of the Reinventing 
Government effort. It will revise text in the CFR to reduce burden or 
duplication, or streamline requirements.

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                            00/00/00

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
Phone: 202 219-8061

RIN: 1218-AB51
_______________________________________________________________________

2185. PERMIT REQUIRED CONFINED SPACES (GENERAL INDUSTRY: PREVENTING 
SUFFOCATION/EXPLOSIONS IN CONFINED SPACES)

Priority:  Substantive, Nonsignificant

Reinventing Government: This rulemaking is part of the Reinventing 
Government effort. It will revise text in the CFR to reduce burden or 
duplication, or streamline requirements.

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. Hearings are 
scheduled to be held September 27, 1995 - October 2, 1995.

Timetable:
_________________________________________________________________________

Action                            Date                      FR Cite

_________________________________________________________________________

NPRM                            11/28/94                    59 FR 60735
NPRM Comment Period End         02/27/95
Final Action                    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., Room N3605, FP Building, 
Washington, DC 20210
Phone: 202 219-8061

RIN: 1218-AB52
_______________________________________________________________________

DEPARTMENT OF LABOR (DOL)                             Completed Actions
Occupational Safety and Health Administration (OSHA)
  
_______________________________________________________________________
  
2186. 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
Integrated with RIN 1218-AB54   08/31/95

Small Entities Affected: None

Government Levels Affected: None

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

RIN: 1218-AB26
_______________________________________________________________________

2187. MISCELLANEOUS AMENDMENTS TO THE SAFETY STANDARDS FOR THE 
CONSTRUCTION INDUSTRY (PART 1926) (CONSTRUCTION: CLARIFICATIONS AND 
UPDATES OF MISCELLANEOUS PROVISIONS)

Priority:  Substantive, Nonsignificant

Reinventing Government: This rulemaking is part of the Reinventing 
Government effort. It will revise text in the CFR to reduce burden or 
duplication, or streamline requirements.

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

_________________________________________________________________________

Integrated with RIN 1218-AB53   09/02/95

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
Phone: 202 219-8061

RIN: 1218-AB48
[FR Doc. 95-26778 Filed 11-24-95; 8:45 am]
BILLING CODE 4510-23-F