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



[[Page 23231]]




_______________________________________________________________________


Part XII



Department of Labor



_______________________________________________________________________

Semiannual Regulatory Agenda

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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 regulatory agenda.

_______________________________________________________________________

SUMMARY: This document sets forth the Department's semiannual agenda of 
regulations that have been selected for review or development during 
the coming year. The agenda complies with the requirements of both 
Executive Order 12866 and the Regulatory Flexibility Act. The agenda 
lists all regulations that are expected to be under review or 
development between April 1996 and April 1997, as well as those 
completed during the past 6 months.

    In accordance with the President's 1995 directive, this agenda 
for the Department of Labor includes a significant number of items 
that will streamline existing regulations or eliminate unnecessary 
pages.

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.

    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   
----------------------------------------------------------------------------------------------------------------
1877        Coordinated Enforcement of Farm Labor Protective Statutes.............................    1290-AA11 
----------------------------------------------------------------------------------------------------------------


                                   Office of the Secretary--Completed Actions                                   
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation 
 Sequence                                           Title                                            Identifier 
  Number                                                                                               Number   
----------------------------------------------------------------------------------------------------------------
1878        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   
----------------------------------------------------------------------------------------------------------------
1879        Government Contractors: Nondiscrimination and Affirmative Action Obligations (ESA/                  
            OFCCP)................................................................................    1215-AA01 
1880        Defining and Delimiting the Term ``Any Employee Employed in a Bona Fide Executive,                  
            Administrative, or Professional Capacity'' (ESA/W-H)..................................    1215-AA14 
1881        Labor Standards for Federal Service Contracts.........................................    1215-AA78 
1882        Standards for Waivers Under Section 503 of the Rehabilitation Act.....................    1215-AA84 
1883        Migrant and Seasonal Agricultural Worker Protection (29 CFR Part 500).................    1215-AA93 
1884        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 

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1885        Benefits Under the Federal Coal Mine Safety and Health Act of 1977, as Amended                      
            Affecting the Black Lung Benefits Act.................................................    1215-AA99 
1886        Records To Be Kept by Employers Under the Fair Labor Standards Act....................    1215-AB03 
1887        Assessment and Collection of User Fees................................................    1215-AB06 
1888        Federal Employees' Compensation Act; Claims for Compensation for Work-Related Injury/               
            Death.................................................................................    1215-AB07 
1889        Minimum Wages in American Samoa.......................................................    1215-AB08 
1890        Employment of Student-Learners, Apprentices, Learners, Messengers, and Student Workers              
            Under Section 14 of the Fair Labor Standards Act......................................    1215-AB10 
----------------------------------------------------------------------------------------------------------------



                              Employment Standards Administration--Final Rule Stage                             
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation 
 Sequence                                           Title                                            Identifier 
  Number                                                                                               Number   
----------------------------------------------------------------------------------------------------------------
1891        Affirmative Action and Nondiscrimination Obligations of Contractors and Subcontractors              
            for Special Disabled Veterans and Veterans of the Vietnam Era.........................    1215-AA62 
1892        Affirmative Action and Nondiscrimination Obligations of Contractors and Subcontractors              
            for Individuals With Disabilities.....................................................    1215-AA76 
1893        Application of the Fair Labor Standards Act to Domestic Service.......................    1215-AA82 
1894        Procedures for Handling Discrimination Complaints Under Federal ``Whistleblower''                   
            Protection Statutes...................................................................    1215-AA83 
1895        Attestations by Employers Using Alien Crewmembers for Longshore Activities in U.S.                  
            Ports.................................................................................    1215-AA90 
1896        Executive Order 12933 of October 20, 1994, ``Nondisplacement of Qualified Workers                   
            Under Certain Conditions''............................................................    1215-AA95 
1897        Labor Condition Applications and Requirements for Employers Using Nonimmigrants on H-               
            1B Visas in Specialty Occupations and as Fashion Models...............................    1215-AB09 
----------------------------------------------------------------------------------------------------------------


                             Employment Standards Administration--Long-Term Actions                             
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation 
 Sequence                                           Title                                            Identifier 
  Number                                                                                               Number   
----------------------------------------------------------------------------------------------------------------
1898        Child Labor Regulations, Orders, and Statements of Interpretation (ESA/W-H)...........    1215-AA09 
1899        Enforcement of Contractual Obligations for Temporary Alien Agricultural Workers                     
            Admitted Under Section 216 of the Immigration and Nationality Act.....................    1215-AA43 
1900        Procedures for Predetermination of Wage Rates (29 CFR Part 1) and Labor Standards                   
            Provisions Applicable to Contracts Covering Federally Financed and Assisted                         
            Construction (29 CFR Part 5)..........................................................    1215-AA94 
----------------------------------------------------------------------------------------------------------------


                             Employment Standards Administration--Completed Actions                             
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation 
 Sequence                                           Title                                            Identifier 
  Number                                                                                               Number   
----------------------------------------------------------------------------------------------------------------
1901        Attestations by Employers for Off-Campus Work Authorization for Alien Students (F-1                 
            Nonimmigrants)........................................................................    1215-AA68 
1902        Training Wage and Seasonal Industry Provisions of the Fair Labor Standards Act........    1215-AB04 
1903        Workers Employed in Seasonal Agricultural Services Under Section 210A of the                        
            Immigration and Nationality Act.......................................................    1215-AB05 
----------------------------------------------------------------------------------------------------------------


                           Employment and Training Administration--Proposed Rule Stage                          
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation 
 Sequence                                           Title                                            Identifier 
  Number                                                                                               Number   
----------------------------------------------------------------------------------------------------------------
1904        Job Training Partnership Act: Indian and Native American Programs.....................    1205-AA96 
1905        Job Training Partnership Act: Migrant and Seasonal Farmworker Programs................    1205-AA99 
1906        Disaster Unemployment Assistance Program, Amendment to Regulations....................    1205-AB02 
1907        Amendments to the Labor Certification Process for Temporary Agricultural Employment in              
            the United States (H-2A)..............................................................    1205-AB09 

[[Page 23234]]

                                                                                                                
1908        Federal-State Unemployment Compensation Program; Unemployment Insurance Performance                 
            System................................................................................    1205-AB10 
1909        Labor Certification Process for the Permanent Employment of Aliens; Researchers                     
            Employed by Colleges and Universities.................................................    1205-AB11 
----------------------------------------------------------------------------------------------------------------



                            Employment and Training Administration--Final Rule Stage                            
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation 
 Sequence                                           Title                                            Identifier 
  Number                                                                                               Number   
----------------------------------------------------------------------------------------------------------------
1910        Attestations by Employers Using Alien Crewmembers for Longshore Activities in U.S.                  
            Ports, the Alaska Exception...........................................................    1205-AB03 
1911        Trade Adjustment Assistance for Workers--Implementation of 1988 Amendments............    1205-AB05 
1912        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   
----------------------------------------------------------------------------------------------------------------
1913        Airline Deregulation: Employee Benefit Program........................................    1205-AA07 
1914        Services to Migrant and Seasonal Farmworkers, Job Service Complaint System,                         
            Monitoring, and Enforcement...........................................................    1205-AA37 
1915        Labor Certification Process for the Permanent Employment of Aliens in the United                    
            States................................................................................    1205-AA66 
----------------------------------------------------------------------------------------------------------------


                        Pension and Welfare Benefits Administration--Proposed Rule Stage                        
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation 
 Sequence                                           Title                                            Identifier 
  Number                                                                                               Number   
----------------------------------------------------------------------------------------------------------------
1916        Qualified Domestic Relations Orders...................................................    1210-AA19 
1917        Removal of Obsolete Regulations and Interpretive Bulletins............................    1210-AA51 
1918        Revision of the Form 5500 Series and Implementing and Related Regulations Under the                 
            Employee Retirement Income Security Act of 1974 (ERISA)...............................    1210-AA52 
----------------------------------------------------------------------------------------------------------------


                          Pension and Welfare Benefits Administration--Final Rule Stage                         
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation 
 Sequence                                           Title                                            Identifier 
  Number                                                                                               Number   
----------------------------------------------------------------------------------------------------------------
1919        Definition of Collective Bargaining Agreement (ERISA Section 3(40))...................    1210-AA48 
1920        Interpretive Bulletin on Participant Education........................................    1210-AA50 
1921        Regulations Relating to Definition of Plan Assets: Participant Contributions..........    1210-AA53 
----------------------------------------------------------------------------------------------------------------


                         Pension and Welfare Benefits Administration--Long-Term Actions                         
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation 
 Sequence                                           Title                                            Identifier 
  Number                                                                                               Number   
----------------------------------------------------------------------------------------------------------------
1922        Adequate Consideration................................................................    1210-AA15 
1923        Civil Penalties Under ERISA Section 502(l)............................................    1210-AA37 
1924        Reporting and Disclosure Under the Employee Retirement Income Security Act of 1974....    1210-AA44 
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[[Page 23235]]



                               Office of the American Workplace--Long-Term Actions                              
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation 
 Sequence                                           Title                                            Identifier 
  Number                                                                                               Number   
----------------------------------------------------------------------------------------------------------------
1925        Reporting by Labor Relations Consultants and Other Persons............................    1294-AA12 
----------------------------------------------------------------------------------------------------------------


                               Office of the American Workplace--Completed Actions                              
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation 
 Sequence                                           Title                                            Identifier 
  Number                                                                                               Number   
----------------------------------------------------------------------------------------------------------------
1926        Eligibility Requirements for Candidacy for Union Office...............................    1294-AA09 
1927        Guidelines, Section 5333(b), Federal Transit Law......................................    1294-AA14 
----------------------------------------------------------------------------------------------------------------


                              Mine Safety and Health Administration--Prerule Stage                              
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation 
 Sequence                                           Title                                            Identifier 
  Number                                                                                               Number   
----------------------------------------------------------------------------------------------------------------
1928        Advisory Committee on the Elimination of Pneumoconiosis Among Coal Miners.............    1219-AA81 
1929        Surface Haulage.......................................................................    1219-AA93 
1930        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   
----------------------------------------------------------------------------------------------------------------
1931        Noise Standard........................................................................    1219-AA53 
1932        Diesel Particulate....................................................................    1219-AA74 
1933        Belt Entry Use as Intake Aircourses to Ventilate Working Sections.....................    1219-AA76 
1934        Safety Standard Revisions for Underground Anthracite Mines............................    1219-AA96 
----------------------------------------------------------------------------------------------------------------


                             Mine Safety and Health Administration--Final Rule Stage                            
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation 
 Sequence                                           Title                                            Identifier 
  Number                                                                                               Number   
----------------------------------------------------------------------------------------------------------------
1935        Diesel-Powered Equipment for Underground Coal Mines...................................    1219-AA27 
1936        Hazard Communication..................................................................    1219-AA47 
1937        Air Quality, Chemical Substances, and Respiratory Protection Standards................    1219-AA48 
1938        Longwall Equipment (Including High-Voltage)...........................................    1219-AA75 
1939        Single-Shift Sampling Notice..........................................................    1219-AA82 
1940        Safety Standards for Explosives at Metal and Nonmetal Mines...........................    1219-AA84 
1941        First-Aid at Metal and Nonmetal Mines.................................................    1219-AA97 
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                            Mine Safety and Health Administration--Long-Term Actions                            
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation 
 Sequence                                           Title                                            Identifier 
  Number                                                                                               Number   
----------------------------------------------------------------------------------------------------------------
1942        Confined Spaces.......................................................................    1219-AA54 
1943        Carbon Monoxide Monitor Approval......................................................    1219-AA72 
1944        Decertification of Certified and Qualified Persons....................................    1219-AA79 
1945        Metal/Nonmetal Impoundments...........................................................    1219-AA83 
1946        Independent Laboratory Testing........................................................    1219-AA87 
1947        Safety Standards for Methane in Metal and Nonmetal Mines..............................    1219-AA90 
1948        Requirements for Approval of Flame-Resistant Conveyor Belts...........................    1219-AA92 

[[Page 23236]]

                                                                                                                
1949        Improving and Eliminating Regulations.................................................    1219-AA98 
1950        Respirable Dust Standard for Underground and Surface Coal Mines; NIOSH Criteria                     
            Document..............................................................................    1219-AA99 
1951        Safety Standards for Roof Bolts in Metal and Nonmetal Mines and Underground Coal Mines    1219-AB00 
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                            Mine Safety and Health Administration--Completed Actions                            
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation 
 Sequence                                           Title                                            Identifier 
  Number                                                                                               Number   
----------------------------------------------------------------------------------------------------------------
1952        Underground Coal Mine Ventilation.....................................................    1219-AA11 
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             Office of the Assistant Secretary for Administration and Management--Long-Term Actions             
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation 
 Sequence                                           Title                                            Identifier 
  Number                                                                                               Number   
----------------------------------------------------------------------------------------------------------------
1953        Department of Labor Acquisition Regulations...........................................    1291-AA20 
1954        Nondiscrimination on the Basis of Age in Programs and Activities Receiving Federal                  
            Financial Assistance From the Department of Labor.....................................    1291-AA21 
----------------------------------------------------------------------------------------------------------------


                       Occupational Safety and Health Administration--Proposed Rule Stage                       
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation 
 Sequence                                           Title                                            Identifier 
  Number                                                                                               Number   
----------------------------------------------------------------------------------------------------------------
1955        Steel Erection (Part 1926) (Safety Protection for Ironworking)........................    1218-AA65 
1956        Recording and Reporting Occupational Injuries and Illnesses (Simplified Injury/Illness              
            Recordkeeping Requirements)...........................................................    1218-AB24 
1957        Comprehensive Occupational Safety and Health Programs.................................    1218-AB41 
1958        Occupational Exposure to Tuberculosis.................................................    1218-AB46 
1959        Confined Spaces for Construction (Part 1926) (Construction: Preventing Suffocation/                 
            Explosions in Confined Spaces)........................................................    1218-AB47 
1960        General Working Conditions in Shipyards (Part 1915, Subpart F) (Phase II) (Shipyards:               
            General Working Conditions)...........................................................    1218-AB50 
1961        Permissible Exposure Limits (PELS) for Air Contaminants...............................    1218-AB54 
1962        Revision of Certain Standards Promulgated Under Section 6(a) of the Williams-Steiger                
            Occupational Safety and Health Act of 1970............................................    1218-AB55 
----------------------------------------------------------------------------------------------------------------


                         Occupational Safety and Health Administration--Final Rule Stage                        
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation 
 Sequence                                           Title                                            Identifier 
  Number                                                                                               Number   
----------------------------------------------------------------------------------------------------------------
1963        Respiratory Protection (Proper Use of Modern Respirators).............................    1218-AA05 
1964        Scaffolds (Part 1926) (Construction: Safer Scaffolds).................................    1218-AA40 
1965        Safety and Health Regulations for Longshoring (Part 1918) and Marine Terminals (Part                
            1917) (Shipyards: Protecting Longshoring Workers).....................................    1218-AA56 
1966        Scaffolds in Shipyards (Part 1915--Subpart N) (Phase I) (Shipyards: Safer Scaffolds)..    1218-AA68 
1967        Access and Egress in Shipyards (Part 1915, Subpart E) (Phase I) (Shipyards: Emergency               
            Exits and Aisles).....................................................................    1218-AA70 
1968        Personal Protective Equipment in Shipyards (Part 1915) (Shipyards: Goggles, Gloves,                 
            and Other PPE)........................................................................    1218-AA74 
1969        1,3-Butadiene (Preventing Occupational Illness: Butadiene)............................    1218-AA83 
1970        Methylene Chloride (Preventing Occupational Illnesses: Methylene Chloride)............    1218-AA98 
1971        Walking Working Surfaces and Personal Fall Protection Systems (Part 1910) (Slips,                   
            Trips, and Fall Prevention)...........................................................    1218-AB04 
1972        Abatement Verification (Hazard Correction)............................................    1218-AB40 
1973        Permit Required Confined Spaces (General Industry: Preventing Suffocation/Explosions                
            in Confined Spaces)...................................................................    1218-AB52 

[[Page 23237]]

                                                                                                                
1974        Eliminating and Improving Regulations.................................................    1218-AB53 
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                        Occupational Safety and Health Administration--Long-Term Actions                        
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation 
 Sequence                                           Title                                            Identifier 
  Number                                                                                               Number   
----------------------------------------------------------------------------------------------------------------
1975        Glycol Ethers: 2-Methoxyethanol, 2-Ethoxyethanol, and Their Acetates Protecting                     
            Reproductive Health...................................................................    1218-AA84 
1976        Accreditation of Training Programs for Hazardous Waste Operations (Part 1910).........    1218-AB27 
1977        Control of Hazardous Energy (Lockout)--Construction (Part 1926) (Preventing                         
            Construction Injuries/Fatalities: Lockout)............................................    1218-AB30 
1978        Powered Industrial Truck Operator Training (Industrial Truck Safety Training).........    1218-AB33 
1979        Prevention of Work-Related Musculoskeletal Disorders..................................    1218-AB36 
1980        Indoor Air Quality in the Workplace...................................................    1218-AB37 
1981        Occupational Exposure to Hexavalent Chromium (Preventing Occupational Illness:                      
            Chromium).............................................................................    1218-AB45 
1982        Fire Protection in Shipyard Employment (Part 1915, Subpart P) (Phase II) (Shipyards:                
            Fire Safety)..........................................................................    1218-AB51 
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                        Occupational Safety and Health Administration--Completed Actions                        
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation 
 Sequence                                           Title                                            Identifier 
  Number                                                                                               Number   
----------------------------------------------------------------------------------------------------------------
1983        Grain Handling Facilities.............................................................    1218-AB56 
----------------------------------------------------------------------------------------------------------------

_______________________________________________________________________


DEPARTMENT OF LABOR (DOL)                             Long-Term Actions


Office of the Secretary (OS)



_______________________________________________________________________




1877. 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 and 
Hour; and the Assistant Secretary for Policy has assumed a role in farm 
labor programs at the national level. These and other changes 
necessitate

[[Page 23238]]

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
_______________________________________________________________________


DEPARTMENT OF LABOR (DOL)                             Completed Actions


Office of the Secretary (OS)



_______________________________________________________________________




1878. 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                    04/19/95                    60 FR 19658
Final Action Effective          05/19/95

Small Entities Affected: None

Government Levels Affected: None

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

RIN: 1290-AA13
_______________________________________________________________________


DEPARTMENT OF LABOR (DOL)                           Proposed Rule Stage


Employment Standards Administration (ESA)



_______________________________________________________________________




1879. GOVERNMENT CONTRACTORS: NONDISCRIMINATION AND AFFIRMATIVE ACTION 
OBLIGATIONS (ESA/OFCCP)

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

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

Legal Deadline: None

Abstract: These regulations cover nondiscrimination and affirmative 
action obligations of Federal contractors under Executive Order 11246, 
as amended; the Vietnam Era Veterans' Readjustment Assistance Act of 
1974 (38 USC 4212), as amended; and Section 503 of the Rehabilitation 
Act of 1973, as amended. The NPRM published 08/25/81 and supplemented 
on 04/23/82 extended the effective date of a final rule published 12/
30/80 and proposed amendments to that rule. OFCCP's review of 
regulatory options continues with emphasis on streamlining and 
clarifying the regulatory language and reducing paperwork requirements 
associated with compliance.

Statement of Need: Parts of the regulations implementing Executive 
Order 11246 need to be revised to reflect changes in the law that have 
occurred over time, streamlined, and clarified. Executive Order 11246 
requires all Federal contractors and subcontractors and federally 
assisted construction contractors and subcontractors to apply a policy 
of nondiscrimination and affirmative action in employment with respect 
to race, color, religion, sex, and national origin. The regulatory 
revisions are necessary in order to allow the Department of Labor (DOL) 
to effectively and efficiently enforce the provisions of the Order. As 
a first step in updating its Executive Order 11246 regulations, the 
Department intends to propose changes to the provisions that govern the 
pre-award review requirements; recordkeeping and record retention 
requirements; certification requirements; and related provisions. In 
addition, revisions will be made that will conform Executive Order 
11246 regulations to the recent changes made in the Department's 
regulations implementing Section 503 of the Rehabilitation Act.
A second phase of revision will contain proposals to change provisions 
that govern requirements for written affirmative action plans and the 
provisions concerning contractor evaluation procedures.

Alternatives: After careful review, it was decided that the most 
effective way to improve compliance with the Executive Order 11246 
provisions, and

[[Page 23239]]

reduce burdens on compliant contractors, was to propose revisions to 
these regulations. Administrative actions alone could not produce the 
desired results. A determination was also made to publish revisions to 
the remaining regulatory provisions of the Executive Order at a later 
date so that careful consideration can be given to what changes are 
needed in each of the parts of the regulations.

Anticipated Costs and Benefits: It is anticipated that the net effect 
of the proposed changes will be an increase in the rate of compliance 
with the nondiscrimination and affirmative action requirements of 
Executive Order 11246 and a reduction in compliance costs to Federal 
contractors. The Department will also be able to employ its resources 
more efficiently and more effectively.

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

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           07/14/81                    46 FR 36213
NPRM Compliance Reviews (60-1)  05/00/96
NPRM Compliance Reviews (60-60) 05/00/96
NPRM Affirmative Action Plans 
(60-2)                          07/00/96
FINAL Affirmative Action Plans 
(60-2)                          12/00/96
FINAL Compliance Reviews (60-1) 12/00/96
FINAL Compliance Reviews (60-60)12/00/96

Small Entities Affected: Businesses, Governmental Jurisdictions, 
Organizations

Government Levels Affected: State

Agency Contact: Joe N. Kennedy, Deputy Director, OFCCP, Department of 
Labor, Employment Standards Administration, 200 Constitution Avenue, 
Room C3325, FP Bldg., Washington, DC 20210
Phone: 202 219-9475

RIN: 1215-AA01
_______________________________________________________________________




1880. DEFINING AND DELIMITING THE TERM ``ANY EMPLOYEE EMPLOYED IN A BONA 
FIDE EXECUTIVE, ADMINISTRATIVE, OR PROFESSIONAL CAPACITY'' (ESA/W-H)

Priority:  Economically Significant

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

CFR Citation:  29 CFR 541

Legal Deadline: None

Abstract: These regulations set forth the criteria for exemption from 
the Fair Labor Standards Act's minimum wage and overtime requirements 
for ``executive,'' ``administrative,'' ``professional'' and ``outside 
sales employees.'' To be exempt, employees must meet certain tests 
relating to duties and responsibilities and be paid on a salary basis 
at specified levels. A final rule increasing the salary test levels was 
published on January 13, 1981 (46 FR 3010), to become effective on 
February 13, 1981, but was indefinitely stayed on February 12, 1981 (46 
FR 11972). On March 27, 1981, a proposal to suspend the final rule 
indefinitely was published (46 FR 18998), with comments due by April 
28, 1981. As a result of numerous comments and petitions from industry 
groups on the duties and responsibilities tests, and as a result of 
recent case law developments, the Department concluded that a more 
comprehensive review of these regulations was needed. An ANPRM 
reopening the comment period and broadening the scope of review to 
include all aspects of the regulations was published on November 19, 
1985, with the comment period subsequently extended to March 22, 1986.
The Department has revised these regulations since the ANPRM to address 
specific issues. In 1991, as the result of an amendment to the Fair 
Labor Standards Act (FLSA), the regulations were revised to permit 
certain computer systems analysts, computer programmers, software 
engineers, and other similarly skilled professional employees to 
qualify for the exemption, including those paid on an hourly basis if 
their rates of pay exceed 6-1/2 times the applicable minimum wage. 
Also, in 1992 the Department issued a final rule which provided, in 
part, that an otherwise exempt public sector employee would not be 
disqualified from the exemption's requirement for payment on a ``salary 
basis'' solely because the employee is paid according to a public pay 
and leave system that, absent the use of paid leave, requires the 
employee's pay to be reduced for absences of less than one workday. 
These revisions were limited in nature and the regulations are still in 
need of updating and clarification. In addition, recent court rulings 
have caused confusion as to what constitutes compliance with the 
regulation's ``salary basis'' criteria in both the public and private 
sectors. All of these factors have led the Department to conclude that 
a review of these regulations is both necessary and appropriate.

Statement of Need: These regulations set forth the criteria used in the 
determination of the application of the FLSA exemption for 
``executive,'' ``administrative,'' ``professional,'' and ``outside 
sales employees.'' The existing salary test levels used in determining 
which employees qualify as exempt from the minimum wage and overtime 
rules were adopted in 1975 on an interim basis. These salary level 
tests are outdated and offer little practical guidance in the 
application of the exemption. In addition, numerous comments and 
petitions have been received in recent years from industry groups 
regarding the duties and responsibilities tests in the regulations. 
These factors, as well as recent case law developments, have led the 
Department to conclude that a review of these regulations is needed.
These regulations have been revised in recent years to deal with 
specific issues. In 1991, as the result of an amendment to the FLSA, 
the regulations were revised to permit certain computer systems 
analysts, computer programmers, software engineers, and other similarly 
skilled professional employees to qualify for the exemption, including 
those paid on an hourly basis if their rates of pay exceed 6 1/2 times 
the applicable minimum wage. Also in 1991, the Department undertook 
separate rulemaking on another aspect of the regulations, the 
definition of ``salary basis'' for public-sector employers. This 
interim final rule provided, in part, that an otherwise exempt public-
sector employee would not be disqualified from the exemption's 
requirement for payment on a ``salary basis'' solely because the 
employee is paid according to a public pay and leave system that,

[[Page 23240]]

absent the use of paid leave, requires the employee's pay to be reduced 
for absences of less than one workday. In 1992, the Department issued 
its final rule on this matter.
Because of the limited nature of these revisions, the regulations are 
still in need of updating and clarification. In addition, recent court 
rulings have caused confusion as to what constitutes compliance with 
the regulation's ``salary basis'' criteria in both the public and 
private sectors.

Alternatives: The Department has met with affected interest groups in 
developing regulatory alternatives. Following completion of these 
outreach and consultation activities, full regulatory alternatives will 
be developed.
Although legislative proposals have been introduced in the Congress to 
address certain aspects of these regulations, the Department will 
continue to pursue revisions to the regulations as the appropriate 
response to the concerns raised. Alternatives likely to be considered 
include particular changes to address ``salary basis'' and salary level 
issues to a comprehensive overhaul of the regulations that also 
addresses the duties and responsibilities tests.

Anticipated Costs and Benefits: Some 23 million employees are estimated 
to be within the scope of these regulations. Legal developments in 
court cases are causing progressive loss of control of the guiding 
interpretations under this exemption and are creating law without 
considering a comprehensive analytical approach to current compensation 
concepts and workplace practices. These court rulings are creating 
apprehension in both the private and public sectors. Clear, 
comprehensive, and up-to-date regulations would provide for central, 
uniform control over the application of these regulations and 
ameliorate this apprehension. In the public sector, State and local 
government employers contend that the rules are based on production 
workplace environments from the 1940s and 1950s, and that they do not 
readily adapt to contemporary government functions. The Federal 
government also has concerns regarding the manner in which the courts 
and arbitration decisions are applying the exemption to the Federal 
workforce. Resolution of confusion over how the regulations are to be 
applied in the public sector will ensure that employees are protected, 
that employers are able to comply with their responsibilities under the 
law, and that the regulations are enforceable. Preliminary estimates of 
the specific costs and benefits of this regulatory action will be 
developed once the various regulatory alternatives are identified.

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

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Indefinite Stay of Final Rule   02/12/81                    46 FR 11972
Proposal To Suspend Rule 
Indefinitely                    03/27/81                    46 FR 18998
ANPRM                           11/19/85                    50 FR 47696
Extension of ANPRM Comment 
Period From 01/21/86 to 03/22/8601/17/86                     51 FR 2525
ANPRM Comment Period End        03/22/86                     51 FR 2525
NPRM                            01/00/97
NPRM Comment Period End         03/00/97

Small Entities Affected: Businesses, Governmental Jurisdictions, 
Organizations

Government Levels Affected: State, Local, Federal

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

RIN: 1215-AA14
_______________________________________________________________________




1881. 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:  Final, Judicial, July 31, 1996.

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
_______________________________________________________________________

[[Page 23241]]





1882. 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                            02/14/96                     61 FR 5902
NPRM Comment Period End         04/15/96
Final Action                    12/00/96

Small Entities Affected: Undetermined

Government Levels Affected: Undetermined

Agency Contact: Joe N. Kennedy, Deputy Director, OFCCP, Department of 
Labor, Employment Standards Administration, 200 Constitution Avenue 
NW., Room C3325, FP Building, Washington, DC 20210
Phone: 202 219-9475

RIN: 1215-AA84
_______________________________________________________________________




1883. MIGRANT AND SEASONAL AGRICULTURAL WORKER PROTECTION (29 CFR PART 
500)

Priority:  Other Significant

Legal Authority:  29 USC 1801 to 1872, as amended

CFR Citation:  29 CFR 500

Legal Deadline:  Final, Statutory, May 13, 1996.

Abstract: The legislative history of the Migrant and Seasonal 
Agricultural Worker Protection Act (MSPA) indicates that the principles 
found in Hodgson v. Griffin and Brand, 471 F.2d 235, are to be followed 
in determining whether a joint employment relationship exists in the 
employment of migrant and seasonal farm workers in a given fact 
situation. The Department intends to publish an NPRM to solicit 
comments on a clarification of the regulations to more closely comport 
with the legislative history of MSPA and the principles found in 
Hodgson v. Griffin and Brand and also possible modifications to the 
procedures for MSPA hearings, seeking more timely decisions. In 
addition, Public Law 104-49 (November 15, 1995) amended MSPA's private 
right of action, transportation insurance requirements, and disclosure 
obligations to agricultural workers. This enactment requires 
implementing rules under the transportation insurance requirements 
within 180 days of enactment (i.e., by 5/13/96).

Statement of Need: These regulations need to be revised in order to 
provide needed clarifications and to make the hearing process more 
efficient. In the legislative history to the Migrant and Seasonal 
Agricultural Worker Protection Act (MSPA), Congress stated that the 
term ``joint employment'' in MSPA was to have the same meaning as is 
found in the Fair Labor Standards Act (FLSA). Further remarks in the 
legislative history indicate that the principles found in Hodgson v. 
Griffin and Brand, 471 F.2d 235, were to be determinative. However, 
subsequent legal developments have created confusion as to appropriate 
criteria for determining the existence of a joint employment 
relationship. In its rulemaking, the Department will solicit comments 
to clarify the regulatory criteria for determining when a joint 
employment relationship exists between two or more employers. The 
Department will also consider modifying the rules relating to 
procedures for hearings, seeking more timely decisions.

Alternatives: Regulatory alternatives will be developed as part of this 
review.

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

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

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Final Action                    05/00/96
Joint Employment  NPRM 03/29/96 (61 FR 14035)  NPRM Comment Period End 
06/12/96

Worker's Compensation  NPRM 03/18/96 (61 FR 10911)  NPRM Comment Period 
End 04/17/96

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

RIN: 1215-AA93
_______________________________________________________________________




1884. 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

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 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 also amends the PCA 
to eliminate the requirements that contractors on covered contracts be 
either manufacturers or regular dealers

[[Page 23242]]

in the items to be supplied under the contract but retains 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                     04/00/96
Final Action                    04/00/96

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
_______________________________________________________________________




1885. BENEFITS UNDER THE FEDERAL COAL MINE SAFETY AND HEALTH ACT OF 
1977, AS AMENDED AFFECTING THE BLACK LUNG BENEFITS ACT

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 901 et seq

CFR Citation:  20 CFR 718; 20 CFR 722; 20 CFR 725; 20 CFR 726; 20 CFR 
727

Legal Deadline: None

Abstract: The Division of Coal Mine Workers' Compensation reviewed its 
existing regulations, pursuant to Executive Order 12866, with a goal of 
eliminating outdated and unnecessary rules and streamlining the 
processes. The result is a proposal to revise existing rules to 
facilitate alternative dispute resolution, including the informal 
conference process; streamline the litigation process by encouraging 
the early development and submission of evidence and decentralizing 
control; reduce the costs of copying and mailing; raise the dollar 
limit for prior approval for medical equipment; and rewrite existing 
rules to make them more customer-oriented.
There will be no additional costs associated with these changes, but 
savings can be expected through streamlining.

Statement of Need: The regulations implementing the Black Lung Benefits 
Act were last significantly revised in 1983. In the spirit of 
reinvention, the program proposes to update the rules to help improve 
services, streamline the adjudication process, and simplify the 
language.

Alternatives: Regulatory alternatives will be developed based on the 
public comments responding to the notice of proposed rulemaking.

Anticipated Costs and Benefits: Preliminary estimates of the 
anticipated costs and benefits of this regulatory action will be 
developed once decisions are reached on specific changes. Benefits will 
include a streamlined, more accessible process.

Risks: Groups with a vested interest in a lengthy and expensive 
adjudication process will complain.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            06/00/96

Small Entities Affected: None

Government Levels Affected: None

Agency Contact: James L. DeMarce, Director, Coal Mine Workers' 
Compensation, Department of Labor, Employment Standards Administration, 
200 Constitution Avenue NW., Room C3520, FP Building, Washington, DC 
20210
Phone: 202 219-6692

RIN: 1215-AA99
_______________________________________________________________________




1886. RECORDS TO BE KEPT BY EMPLOYERS UNDER THE FAIR LABOR STANDARDS ACT

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 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                            02/00/97

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
_______________________________________________________________________

[[Page 23243]]





1887. 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                            04/00/96

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-AB06
_______________________________________________________________________




1888.  FEDERAL EMPLOYEES' COMPENSATION ACT; CLAIMS FOR 
COMPENSATION FOR WORK-RELATED INJURY/DEATH

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:  5 USC 8101 et seq

CFR Citation:  20 CFR 1; 20 CFR 10

Legal Deadline: None

Abstract: The Office of Workers' Compensation Programs will carry out a 
comprehensive review of and revision to the regulations implementing 
the Federal Employees' Compensation Act (FECA) to eliminate outdated or 
unnecessary rules reflecting a streamlining of the claims process, 
updates to reflect legislative changes, modify the medical fee schedule 
to include hospital and pharmacy charges and simplify language.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            09/00/96
NPRM Comment Period End         11/00/96
Final Action                    02/00/97

Small Entities Affected: None

Government Levels Affected: Federal

Agency Contact: Thomas M. Markey, Director for Federal Employees' 
Compensation, OWCP, Department of Labor, Employment Standards 
Administration, 200 Constitution Avenue NW., Room S3229, FP Building, 
Washington, DC 20210
Phone: 202 219-7552
Fax: 202 219-7250

RIN: 1215-AB07
_______________________________________________________________________




1889.  MINIMUM WAGES IN AMERICAN SAMOA

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 205; 29 USC 206; 29 USC 208

CFR Citation:  29 CFR 511; 29 CFR 697

Legal Deadline: None

Abstract: The Fair Labor Standards Act minimum wage for American Samoa 
is determined industry-by-industry according to recommendations of 
special industry committees that examine economic and competitive 
conditions and propose minimum wage levels which will not substantially 
curtail employment. Part 511 contains procedures for convening industry 
committees; Part 697 defines industry classifications and prescribes 
the minimum wage rates to be paid. These separate regulations may be 
combined and consolidated to reduce unnecessary regulatory text as part 
of the regulatory reinvention initiative.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            06/00/96

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-AB08
_______________________________________________________________________




1890.  EMPLOYMENT OF STUDENT-LEARNERS, APPRENTICES, LEARNERS, 
MESSENGERS, AND STUDENT WORKERS UNDER SECTION 14 OF 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 214

CFR Citation:  29 CFR 520; 29 CFR 521; 29 CFR 522; 29 CFR 523; 29 CFR 
527

Legal Deadline: None

Abstract: Section 14(a) of the Fair Labor Standards Act provides that 
the Secretary of Labor shall by regulations

[[Page 23244]]

or orders provide for the employment of learners, apprentices and 
messengers under special certificates at wages lower than the 
applicable minimum wage, as needed to prevent curtailment of employment 
opportunities. Five separate parts of the CFR implement these statutory 
provisions, which can be consolidated and streamlined to reduce 
duplicative text as part of the regulatory reinvention initiative.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            06/00/96

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-AB10
_______________________________________________________________________


DEPARTMENT OF LABOR (DOL)                              Final Rule Stage


Employment Standards Administration (ESA)



_______________________________________________________________________




1891. 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) the affirmative action provision of the 
Vietnam Era Veterans' Readjustment Assistance Act of 1974 to: (1) make 
its provisions for special disabled veterans consistent with section 
503 of the Rehabilitation Act of 1973 (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

________________________________________________________________________

Interim Final Rule Invitation to 
Self-Identify (41 CFR 60-250 
5(d))                           04/00/96
NPRM                            06/00/96
Final Action                    11/00/96

Small Entities Affected: Undetermined

Government Levels Affected: Undetermined

Agency Contact: Joe N. Kennedy, Deputy Director, OFCCP, Department of 
Labor, Employment Standards Administration, 200 Constitution Avenue 
NW., Room C3325, FP Building, Washington, DC 20210
Phone: 202 219-9475

RIN: 1215-AA62
_______________________________________________________________________




1892. 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. 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                    04/00/96

Small Entities Affected: Undetermined

Government Levels Affected: Undetermined

Agency Contact: Joe N. Kennedy, Deputy Director, OFCCP, Department of 
Labor, Employment Standards Administration, 200 Constitution Avenue 
NW., Room C3325, FP Building, Washington, DC 20210
Phone: 202 219-9475

RIN: 1215-AA76
_______________________________________________________________________




1893. 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

[[Page 23245]]

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
_______________________________________________________________________




1894. 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                    04/00/96

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
_______________________________________________________________________




1895. 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                    04/00/96

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

RIN: 1215-AA90
_______________________________________________________________________




1896. 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

[[Page 23246]]

NPRM Comment Period End         09/01/95
Final Action                    06/00/96

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
_______________________________________________________________________




1897.  LABOR CONDITION APPLICATIONS AND REQUIREMENTS FOR 
EMPLOYERS USING NONIMMIGRANTS ON H-1B VISAS IN SPECIALTY OCCUPATIONS AND 
AS FASHION MODELS

Priority:  Substantive, Nonsignificant

Legal Authority:  8 USC 1101(a)(15)(H)(i)(b); 8 USC 1182(n); 8 USC 
1184; 29 USC 49 et seq; PL 102-232

CFR Citation:  29 CFR 507

Legal Deadline: None

Abstract: This proposed rule is a republication for notice and public 
comment of various provisions of the Department's final rule 
implementing provisions of the Immigration and Nationality Act as it 
relates to the temporary employment in the United States of 
nonimmigrants admitted under H-1B visas.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            10/31/95                    60 FR 55339
NPRM Comment Period End         11/30/95
Final Action                    04/00/96

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-AB09
_______________________________________________________________________


DEPARTMENT OF LABOR (DOL)                             Long-Term Actions


Employment Standards Administration (ESA)



_______________________________________________________________________




1898. CHILD LABOR REGULATIONS, ORDERS, AND STATEMENTS OF INTERPRETATION 
(ESA/W-H)

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 203(1)

CFR Citation:  29 CFR 570

Legal Deadline: None

Abstract: Section 3(l) of the Fair Labor Standards Act requires the 
Secretary of Labor to issue regulations with respect to minors between 
14 and 16 years of age ensuring that the periods and conditions of 
their employment do not interfere with their schooling, health, or 
well-being. The Secretary is also directed to designate occupations 
that may be particularly hazardous for minors 16 and 17 years of age. 
Child Labor Regulation No. 3 sets forth the permissible industries and 
occupations in which 14- and 15-year-olds may be employed, and 
specifies the number of hours in a day and in a week, and time periods 
within a day, that such minors may be employed. The Department has 
invited public comment in considering whether changes in technology in 
the workplace and job content over the years require new hazardous 
occupations orders, and review of some of the applicable hazardous 
occupation orders and the method of their promulgation. Comment has 
also been solicited on whether revisions should be considered in the 
permissible hours and time of day standards for 14- and 15-year-olds. 
Comment has been sought on appropriate changes required to implement 
school-to-work transition programs.

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

[[Page 23247]]

fair workplaces for young workers, and at the same time promoting job 
opportunities for young people and making regulatory standards less 
burdensome to the regulated community.

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

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

Risks: An assessment of the magnitude of the risk addressed by this 
action will be prepared once decisions are reached on particular 
proposed changes in the child labor regulations.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Final Action on HOs 2, 10, 12   11/20/91                    56 FR 58626
Final Action Effective Date     12/20/91
ANPRM                           05/13/94                    59 FR 25167
ANPRM Comment Period End        08/11/94                    59 FR 40318
NPRM                            04/00/97
NPRM Comment Period End         06/00/97

Small Entities Affected: Businesses, Governmental Jurisdictions, 
Organizations

Government Levels Affected: State, Local, Tribal, Federal

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

RIN: 1215-AA09
_______________________________________________________________________




1899. 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
Interim Final Rule              06/01/87                    52 FR 20524
Final Action                    00/00/00

Small Entities Affected: Undetermined

Government Levels Affected: Federal

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

RIN: 1215-AA43
_______________________________________________________________________




1900. PROCEDURES FOR PREDETERMINATION OF WAGE RATES (29 CFR PART 1) AND 
LABOR STANDARDS PROVISIONS APPLICABLE TO CONTRACTS COVERING FEDERALLY 
FINANCED AND ASSISTED CONSTRUCTION (29 CFR PART 5)

Priority:  Economically Significant

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

CFR Citation:  29 CFR 1; 29 CFR 5

Legal Deadline: None

Abstract: The Department attempted to implement revised rules governing 
the circumstances in which ``helpers'' may be used on federally funded 
and assisted construction contracts subject to the Davis-Bacon Act in 
May 1982 (see 47 FR 23644, 23658 (May 28, 1982); 47 FR 32090 (July 20, 
1982)). After protracted litigation, a final rule was published in 
January 1989 (see 54 FR 4234) which became effective on February 4, 
1991. Thereafter, on two occasions, Congress acted to prevent the 
Department from expending any funds to implement these revised helper 
regulations--through the Dire Emergency Supplemental Appropriations Act 
of 1991, PL 102-27, 105 Stat. 130,151 (1991), and then through section 
104 of the DOL Appropriations Act of 1994, PL 103-112. Given the 
uncertainty of continuation of such moratoriums, the Department has 
determined that the helper issue may need to be addressed through 
rulemaking.

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

Alternatives: The Administration has determined that there are only 
limited alternatives to addressing this issue through rulemaking, in 
addition to possible legislative changes. Specific regulatory 
alternatives have not yet been developed pending current appropriations 
actions in the Congress.

Anticipated Costs and Benefits: A new rulemaking regarding the helper 
criteria

[[Page 23248]]

will seek to make administration of the Davis-Bacon Act more efficient 
by establishing reasonable ``helper'' criteria and methodology--thus 
resolving the controversy and uncertainty currently experienced by 
interested parties. Changes in the helper regulations may affect prior 
estimates of potential construction procurement cost savings 
anticipated from the earlier rulemaking. Estimates of the financial 
impacts of revised ``helper'' regulations will be prepared for 
inclusion in the NPRM.

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

Timetable: Next Action Undetermined

Small Entities Affected: Businesses, Governmental Jurisdictions, 
Organizations

Government Levels Affected: State, Local, Tribal, Federal

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

RIN: 1215-AA94
_______________________________________________________________________


DEPARTMENT OF LABOR (DOL)                             Completed Actions


Employment Standards Administration (ESA)



_______________________________________________________________________




1901. 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                    11/29/95                    60 FR 61209
Final Action Effective          11/30/95

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
_______________________________________________________________________




1902. 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                    10/26/95                    60 FR 54804
Final Action Effective          11/27/95

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
_______________________________________________________________________




1903. 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

[[Page 23249]]

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                    10/26/95                    60 FR 54803
Final Action Effective          11/27/95

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)                           Proposed Rule Stage


Employment and Training Administration (ETA)



_______________________________________________________________________




1904. JOB TRAINING PARTNERSHIP ACT: INDIAN AND NATIVE AMERICAN PROGRAMS

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:  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
_______________________________________________________________________




1905. JOB TRAINING PARTNERSHIP ACT: MIGRANT AND SEASONAL FARMWORKER 
PROGRAMS

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:  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 $75 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
_______________________________________________________________________




1906. 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 was published May 11, 1995, with a 60-day comment 
period. This rule simplified the monetary assistance provisions by 
removing cumbersome

[[Page 23250]]

administrative provisions and inconsistencies in the computation of a 
weekly amount. A final rule will be published to incorporate comments 
and other minor technical amendments.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           12/08/94                    59 FR 63670
ANPRM Comment Period End        02/06/95
Interim Final Rule              05/11/95                    60 FR 25560
NPRM                            07/00/96
NPRM Comment Period End         09/00/96
Final Action                    11/00/96

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
_______________________________________________________________________




1907. 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                            04/00/96
NPRM Comment Period End         05/00/96
Final Action                    12/00/96

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
_______________________________________________________________________




1908. 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 revise text in the CFR to reduce burden or 
duplication, or streamline requirements.

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: Virginia Chupp, Chief, Division of Legislation, 
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
_______________________________________________________________________




1909.  LABOR CERTIFICATION PROCESS FOR THE PERMANENT EMPLOYMENT 
OF ALIENS; RESEARCHERS EMPLOYED BY COLLEGES AND UNIVERSITIES

Priority:  Other Significant

Legal Authority:  8 USC 1182(a)(5)(A)

CFR Citation:  20 CFR 656.40

Legal Deadline: None

Abstract: The Employment and Training Administration is proposing to 
amend its regulations relating to labor certification for permanent 
employment of immigrant aliens in the United States. The proposed 
amendments would change the way prevailing wage determinations are made 
for researchers employed by colleges and universities. The amendments 
would also change the way prevailing wages are determined for colleges 
and universities filing H-1B labor condition applications on behalf of 
researchers, since the regulations governing prevailing wage 
determinations for the permanent are followed in determining prevailing 
wages for the H-1B program.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            04/00/96
Final Action                    07/00/96

Small Entities Affected: None

Government Levels Affected: None

Agency Contact: John Beverly, Deputy Director, 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
Fax: 202 219-6643
Email: B[email protected]

RIN: 1205-AB11
_______________________________________________________________________

[[Page 23251]]




DEPARTMENT OF LABOR (DOL)                              Final Rule Stage


Employment and Training Administration (ETA)



_______________________________________________________________________




1910. 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                    04/00/96

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
_______________________________________________________________________




1911. 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                    12/00/96

Small Entities Affected: None

Government Levels Affected: None

Agency Contact: Robert Columbo, Director, 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
_______________________________________________________________________




1912. 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
Final Action                    08/00/96

Small Entities Affected: None

Government Levels Affected: None

Agency Contact: Robert Columbo, Director, 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)



_______________________________________________________________________




1913. 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,

[[Page 23252]]

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. Rulemaking is 
pending Departmental review of the monetary provisions of the employee 
protection program due to the provision in S.143 repealing this program

Timetable: Next Action Undetermined

Small Entities Affected: None

Government Levels Affected: State, Local, Federal

Additional Information: Next action is undetermined pending 
Departmental review due to provision repealing Airline Employee 
Protection Program contained in S.143.

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
_______________________________________________________________________




1914. 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: Next Action Undetermined

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
_______________________________________________________________________




1915. LABOR CERTIFICATION PROCESS FOR THE PERMANENT EMPLOYMENT OF ALIENS 
IN THE UNITED STATES

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

CFR Citation:  20 CFR 656

Legal Deadline: None

Abstract: The Department of Labor (DOL) is currently re-engineering the 
labor certification process that is set forth in DOL regulations at 20 
CFR 656. DOL's goals are to make fundamental changes and refinements 
that will (a) better serve customers, (b) streamline the process, (c) 
improve effectiveness, and (d) save resources. The re-engineering 
effort is a collaborative effort of Federal and State staff who are 
involved in the administration of alien certification programs. The re-
engineering effort also involves consultation throughout the process 
with sponsors, stakeholders, State partners, and outside interest 
groups to solicit ideas and suggestions for change.

Statement of Need: The labor certification process has been criticized 
as being complicated and time-consuming. It can take up to 2 years or 
more to complete the process; the process requires substantial 
government resources to administer, and it is reportedly costly and 
burdensome to employers. The Employment and Training Administration 
(ETA), therefore, is reexamining the effectiveness of the various 
regulatory requirements and the application processing procedure, with 
a view to achieving considerable savings in resources both for the 
Government and employers, without diminishing the significant 
protections now afforded U.S. workers by the current regulatory and 
administrative requirements.

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

Anticipated Costs and Benefits: As indicated above, it is anticipated 
that the re-engineering effort will result in significant cost savings 
to the Government and to the regulated community. DOL will be able to 
provide a more precise estimation of anticipated cost reductions after 
the re-engineering of the permanent labor certification process is 
completed.

Timetable: Next Action Undetermined

Small Entities Affected: None

Government Levels Affected: State, Federal

Agency Contact: Flora Richardson, Chief, Division of Foreign Labor 
Certifications, Department of Labor, Employment and Training 
Administration, 200 Constitution Avenue NW., Room N4456, FP Building, 
Washington, DC 20210
Phone: 202 219-5263

RIN: 1205-AA66
_______________________________________________________________________

[[Page 23253]]




DEPARTMENT OF LABOR (DOL)                           Proposed Rule Stage


Pension and Welfare Benefits Administration (PWBA)



_______________________________________________________________________




1916. 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
_______________________________________________________________________




1917. 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                            04/03/96                    61 FR 14690
NPRM Comment Period End         06/03/96

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
_______________________________________________________________________




1918. REVISION OF THE FORM 5500 SERIES AND IMPLEMENTING AND RELATED 
REGULATIONS UNDER THE EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974 
(ERISA)

Priority:  Economically 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 1021; 29 USC 1022; 29 USC 1023; 29 USC 1024; 
29 USC 1025; 29 USC 1026; 29 USC 1027; 29 USC 1029; 29 USC 1030; 29 USC 
1059; 29 USC 1135; 29 USC 1166; 29 USC 1168

CFR Citation:  Not yet determined

Legal Deadline: None

Abstract: Each year, pension and welfare benefit plans subject to title 
I of ERISA are generally required to file an annual return/report, the 
Form 5500 Series, regarding their financial condition, investments, and 
operations. The Form 5500 Series is the primary source of information 
concerning the operation, funding, assets, and investments of pension 
and other employee benefit plans. The Form 5500 Series is not only an 
important compliance and research tool for the Department, but is also 
a disclosure document for plan participants and beneficiaries and a 
source of information and data for use by other Federal agencies, 
Congress, and the private sector in assessing employee benefit, tax, 
and economic trends and policies. As part of the President's Pension 
Simplification proposal, the agencies are undertaking a comprehensive 
review of the annual return/report forms in an effort to streamline the 
information required to be reported and the methods by which such 
information is filed and processed.

Statement of Need: In the 20 years since Congress enacted ERISA to 
protect pension and other employee benefit promises made to employees, 
the laws and regulations have become more complex. There are many 
reasons for this: the desire for employers to have a high degree of 
flexibility in designing plans that best suit their work force; 
policies designed to ensure that all employees receive tax and savings 
benefits from retirement and other benefit plans that are comparable to 
those available to highly compensated employees and business owners; 
the need to protect the integrity of Federal tax revenues; and the 
prevention of tax-shelter abuses.
While each of these causes may have merit, and the private sector 
employee benefit system has been greatly strengthened as a result of 
ERISA, the cumulative result--together with frequent legislative 
changes--has been to raise compliance and administrative costs to a 
level that has created a disincentive for employers, and particularly 
small employers, to offer pension and other benefit plans to their 
employees.
A source of complexity and costs has been the Form 5500 Annual Return/
Report Series, which is filed annually by an estimated 750,000 employee 
benefit plans. The Form 5500 Series is a joint Department of Labor, 
Internal Revenue Service, and Pension Benefit Guaranty Corporation form 
and serves as the principal source of financial information and data 
available to the Agencies, and participants and beneficiaries, 
concerning the operations of employee benefit plans. The proposed 
revision to the Form 5500 Series is being coordinated with the Internal 
Revenue Service, the Treasury Department, and the Pension Benefit 
Guaranty Corporation as part of the

[[Page 23254]]

process of implementing the President's pension simplification 
proposal.
Title I of ERISA, sections 101 through 105, 107, 209, and 606, impose 
specific reporting and disclosure obligations on administrators of 
employee benefit plans. Section 104(a)(3) and 110 of ERISA provide the 
Secretary with the authority to prescribe exemptions and alternative 
methods of compliance for employee welfare benefit plans and employee 
pension benefit plans. Section 505 provides the Secretary with general 
authority to prescribe regulations necessary or appropriate to carry 
out the provisions of Title I of ERISA.

Alternatives: The annual reporting requirement could be left unaltered. 
However, the Pension and Welfare Benefits Administration (PWBA) 
believes that compliance with the requirement may be facilitated 
without harming the security of the employment-based benefits system. 
Simplifying the Form 5500 Series is one step in improving ERISA's 
reporting and disclosure system. This initiative includes revision of 
the Form 5500 Series and related regulations. Filer costs from 
preparing forms and government costs for processing the Form 5500 
Series can be reduced while enhancing the ability of the Government to 
protect workers' benefits by receiving more accurate and timely 
information on the operation, funding, investments, usefulness, and 
safety of employee pension and welfare benefit plans.

Anticipated Costs and Benefits: Meaningful burden hour, and cost 
reductions can be achieved only through an integrated implementation of 
changes to both the Form 5500 Series and the processing system. By 
simplifying the Form 5500 and creating an automated processing system 
for the filed reports, it is anticipated that filer costs of preparing 
forms, as well as Government processing costs, will be reduced. It is 
the goal of the Department to eliminate reporting requirements for 
information that is not needed to discharge its statutory 
responsibilities, while ensuring that participants and beneficiaries 
have access to the information they need to protect their rights and 
benefits under ERISA.

Risks: The Form 5500 Series is part of ERISA's reporting and disclosure 
framework, which is intended to assure that employee benefit plans are 
operated and managed in accordance with certain prescribed standards 
and that participants and beneficiaries, as well as regulators, are 
provided or have access to sufficient information to protect the rights 
and benefits of participants and beneficiaries under employee benefit 
plans. Better focused annual reporting, through regulatory changes, 
should serve to facilitate compliance by plan administrators, thereby 
reducing litigation and penalty risks to plan administrators, 
fiduciaries, and sponsors, without increasing risks of benefit losses 
by participants and beneficiaries.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            06/00/96

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, Washington, DC 20210
Phone: 202 219-7461

RIN: 1210-AA52
_______________________________________________________________________


DEPARTMENT OF LABOR (DOL)                              Final Rule Stage


Pension and Welfare Benefits Administration (PWBA)



_______________________________________________________________________




1919. 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                    09/00/96

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
_______________________________________________________________________




1920. 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 plan participants 
and

[[Page 23255]]

beneficiaries will not give rise to fiduciary liability under ERISA.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Final Action                    04/00/96

Small Entities Affected: None

Government Levels Affected: None

Agency Contact: Bette Briggs, Supervisory Pension Law Specialist, 
Office of Regulations and Interpretations, Department of Labor, Pension 
and Welfare Benefits Administration, 200 Constitution Avenue NW., Room 
N5669, FP Building, Washington, DC 20210
Phone: 202 219-8671

RIN: 1210-AA50
_______________________________________________________________________




1921.  REGULATIONS RELATING TO DEFINITION OF PLAN ASSETS: 
PARTICIPANT CONTRIBUTIONS

Priority:  Other Significant

Legal Authority:  29 USC 1135

CFR Citation:  29 CFR 2510.3-102

Legal Deadline: None

Abstract: This regulation will revise the definition of when 
participant monies paid to or withheld by an employer for contribution 
to an employee benefit plan, including a plan complying with section 
401(k) of the Internal Revenue Code, constitute ``plan assets'' for 
purposes of Title I of ERISA. In addition to making clear that 
participant contributions become plan assets as soon as they can 
reasonably be segregated from the employer's general assets, the 
regulation will shorten the 90-day maximum period permitted under the 
current regulation for segregation of participant contributions from 
the employers' general assets.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            12/20/95                    60 FR 66036
Public Hearing Scheduled 2/22/9601/24/96                     61 FR 1879
NPRM Comment Period End         02/05/96
Final Action                    05/00/96

Small Entities Affected: Undetermined

Government Levels Affected: None

Agency Contact: Rudy Nuissl, Supervisory Pension Law Specialist, Office 
of Regulations and Interpretations, 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-AA53
_______________________________________________________________________


DEPARTMENT OF LABOR (DOL)                             Long-Term Actions


Pension and Welfare Benefits Administration (PWBA)



_______________________________________________________________________




1922. 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
_______________________________________________________________________




1923. 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
_______________________________________________________________________




1924. 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.

[[Page 23256]]

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)                             Long-Term Actions


Office of the American Workplace (OAW)



_______________________________________________________________________




1925. 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                            00/00/00

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
Fax: 202 219-6459

RIN: 1294-AA12
_______________________________________________________________________


DEPARTMENT OF LABOR (DOL)                             Completed Actions


Office of the American Workplace (OAW)



_______________________________________________________________________




1926. 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: The OAW has revised the Department's regulation on the 
reasonableness of a union's meeting attendance requirement for union 
officer candidacy to reference the decision of the D.C. Circuit Court 
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). A new footnote summarizes the holding in Doyle that a 
meeting attendance requirement may be unreasonable

[[Page 23257]]

solely because it disqualifies a large portion of members from 
candidacy.

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                    11/14/95                    60 FR 57177
Final Action Effective          12/14/95

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
_______________________________________________________________________




1927. GUIDELINES, SECTION 5333(B), FEDERAL TRANSIT LAW

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:  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(c). 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                    12/07/95                    60 FR 62964
Final Action Effective          01/29/96                     61 FR 2117

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)                                 Prerule Stage


Mine Safety and Health Administration (MSHA)



_______________________________________________________________________




1928. 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 convened in February 1996 and should deliver its 
recommendations to the Secretary by September 1996.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Recommendations Expected        09/00/96

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
_______________________________________________________________________




1929. 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

[[Page 23258]]

linked to accidents involving surface haulage equipment.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           05/00/96

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-AA93
_______________________________________________________________________




1930. SAFETY STANDARDS FOR THE USE OF ROOF BOLTING MACHINES IN 
UNDERGROUND COAL 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: 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                           04/00/96
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-AA94
_______________________________________________________________________


DEPARTMENT OF LABOR (DOL)                           Proposed Rule Stage


Mine Safety and Health Administration (MSHA)



_______________________________________________________________________




1931. NOISE STANDARD

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 56; 30 CFR 57; 30 CFR 70; 30 CFR 71

Legal Deadline: None

Abstract: Many miners are exposed to noise levels that are at or near 
maximum levels currently permitted by Mine Safety and Health 
Administration (MSHA) regulations. Notwithstanding MSHA's enforcement 
of its current noise regulations, miners are continuing to incur 
hearing impairment. Data indicate that protective action needs to be 
taken at a lower noise level than is currently required. MSHA is 
developing a proposed rule that would establish uniform noise standards 
to apply to all mining, and which will consider requiring additional 
measures to protect miners, such as hearing protection and audiometric 
testing.

Statement of Need: MSHA's experience under its current standards for 
occupational exposure to hazardous noise levels indicates that current 
standards do not provide the protection intended. Many miners are 
exposed to noise levels that are near the maximum currently permitted 
by MSHA regulations. Notwithstanding MSHA's enforcement of existing 
noise standards, miners continue to suffer hearing impairment. This 
proposed rule will consider establishing a lower action level for 
requiring hearing protection and will address methods for controlling 
exposure. The proposed rule also will consider requiring hearing 
conservation programs to determine the effectiveness of control 
measures in reducing the amount of hearing damage in exposed miners.
In addition, MSHA's current noise standards for coal mines differ from 
those for metal and nonmetal mines. MSHA's proposed rule would provide 
consistent requirements for all mines.

Alternatives: MSHA published an advance notice of proposed rulemaking 
which requested industry comments and data on a number of issues. Based 
upon its own research and experience, and data and information 
submitted to the record, MSHA is considering numerous alternatives on a 
wide variety of complex issues. For example, MSHA is considering (a) 
the respective roles of personal hearing protection and engineering 
controls in controlling miners' exposures; (b) lowering the permissible 
exposure level; and (c) whether or not to require a hearing 
conservation program, including audiometric testing, exposure 
monitoring, and miner training. This proposed rule will be derived from 
MSHA's deliberations and decisions on these issues and alternatives.

Anticipated Costs and Benefits: Depending on the form of the rule, MSHA 
expects costs could be incurred for engineering controls, personal 
hearing protection, exposure monitoring, audiometric testing, training, 
and recordkeeping. The major benefit of implementing the protection 
sought would be an average annual reduction of several hundred cases of 
hearing impairment from occupational noise exposure in mining, assuming 
that existing exposure levels and the number of miners remained 
constant and that miners were exposed for 20 years at these levels. The 
scope and

[[Page 23259]]

nature of the proposed rule is currently under development and, thus, 
estimates of costs and benefits are preliminary.

Risks: 
Noise is a serious occupational hazard in the mining industry. 
Occupational exposure to loud noises results in hearing loss and 
hearing impairment, which affects both quality of life and functional 
capacity. The Agency believes that the health evidence forms a 
reasonable basis for proposing revisions to MSHA's existing noise 
standards. In addition, cases of hearing loss reported to MSHA indicate 
that a significant number of these miners received all of their noise 
exposure under existing standards.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           12/04/89                    54 FR 50209
ANPRM Comment Period End        06/22/90                     55 FR 6011
NPRM                            05/00/96

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-AA53
_______________________________________________________________________




1932. DIESEL PARTICULATE

Priority:  Other Significant

Legal Authority:  30 USC 811

CFR Citation:  Not yet determined

Legal Deadline: None

Abstract: 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, the National Institute for Occupational Safety and 
Health recommended that ``whole diesel exhaust be regarded as a 
potential occupational carcinogen.'' In addition, in 1989 the 
International Agency for Research on Cancer concluded that ``diesel 
engine exhaust is probably carcinogenic to humans.''
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                            06/00/96

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
_______________________________________________________________________




1933. 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
Final Action                    06/00/97

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
_______________________________________________________________________




1934. 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

[[Page 23260]]

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 300 variance requests from 
anthracite mine operators since January 1993. 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                            04/00/96

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

RIN: 1219-AA96
_______________________________________________________________________


DEPARTMENT OF LABOR (DOL)                              Final Rule Stage


Mine Safety and Health Administration (MSHA)



_______________________________________________________________________




1935. DIESEL-POWERED EQUIPMENT FOR UNDERGROUND COAL MINES

Priority:  Other Significant

Legal Authority:  30 USC 811; 30 USC 957

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

Legal Deadline: None

Abstract: The use of diesel-powered equipment in underground coal mines 
poses a risk of fire or explosion from two sources: internal combustion 
engines that introduce an ignition source into an environment where 
methane can be present; and underground handling and storage of diesel 
fuel. The Mine Safety and Health Administration (MSHA) currently has 
limited approval, safety, and health regulations that address the use 
of diesel-powered equipment in underground coal mines. In addition, 
some hazards are currently addressed in the mine ventilation plan. In 
1988, a Secretarial advisory committee made recommendations concerning 
safety and health standards for the use of diesel-powered equipment in 
underground coal mines. In 1989, MSHA published a proposed rule based 
on those recommendations. This final rule will address criteria for the 
approval of diesel equipment and provisions for the safe use of such 
equipment in underground coal mines.

Statement of Need: The use of diesel-powered equipment is increasing 
steadily in underground coal mines across the United States, from 175 
units in 30 mines in 1977 to more than 2,885 units in 170 mines in 
1995. Given the current state of the industry and assuming no change in 
existing regulations, MSHA projects that the presence of diesel 
equipment in the industry would increase to about 3,520 units in 250 
underground coal mines by the year 2000.
Currently, MSHA regulations do not specifically regulate this type of 
equipment, in contrast to other more conventional mining equipment. 
Diesel equipment in underground coal mines poses a risk of fire or 
explosion, as a result of the introduction of an ignition source (the 
diesel engine) into an environment that may contain methane gas. Poor 
fuel handling and fuel transfer procedures underground present 
significant fire hazards. Between 1979 and 1992, MSHA investigated 10 
diesel-equipment-related fires in underground coal mines. Because of 
the methane gas and coal dust present in the underground coal mining 
environment, any fire presents a significant risk of loss of life. 
Without rules for the design, use, and maintenance of diesel-powered 
equipment, the Agency also lacks an effective means to regulate health 
and safety hazards associated with diesel equipment.
Under current regulations, diesel-powered equipment is not required to 
have a number of important safety features that have long been required 
on electric equipment, such as cabs and canopies (which protect 
equipment operators from roof falls), automatic emergency parking 
brakes, and methane monitors, which shut equipment off when methane 
concentrations reach certain levels.
In July 1988, a Federal advisory committee convened by the Secretary of 
Labor made recommendations to the Secretary concerning safety and 
health standards for the use of diesel-powered equipment in underground 
coal mines. Based on those recommendations, in 1989 MSHA published a 
proposed rule that: included criteria for the approval of diesel 
engines and other related equipment; addressed exposure limits, 
monitoring, and recordkeeping requirements for certain diesel 
emissions; and provided corresponding safety standards for the use of 
diesel-powered equipment in underground coal mines, including the safe 
storage and transport of diesel fuel and the training of mechanics. 
MSHA is working on a final rule which will provide increased protection 
for miners, allow for flexibility in control technology, and minimize 
recordkeeping requirements.

Alternatives: On January 6, 1992, MSHA published an advance notice of 
proposed rulemaking soliciting comments on the potential health effects 
from occupational exposure to diesel exhaust particulates, especially 
in the closed environment of the underground mine. MSHA has decided to 
continue to address the potential health effects from exposure to 
diesel particulates in a separate rulemaking.
MSHA considered third-party testing and certification of the results as 
an alternative to MSHA testing for the approval of diesel-powered 
equipment. The final rule may contain a combination of approaches to 
address this issue.

Anticipated Costs and Benefits: The scope and nature of the final rule 
is currently under development and, thus, final estimates of costs and 
benefits have not been determined. MSHA had made a preliminary 
assessment in 1989 that the proposed rule would have had an incremental 
annual impact of over

[[Page 23261]]

$20 million on the mining industry. Subsequent estimates, however, 
project the incremental annual cost to be from $16 million to $35 
million, depending upon the alternatives selected.
MSHA projects that one benefit of implementing this regulatory 
protection will be a reduction in the risk of fires and explosions, and 
corresponding injuries, resulting from the use of diesel-powered 
equipment in underground gassy mines, as well as a reduction in the 
incidence of potential adverse health effects that result from exposure 
to diesel exhaust.
The final rule also will encourage the use of advanced diesel 
technology, such as flame arresters, spark arresters, water scrubbers, 
and exhaust filters in the approval of diesel engine design, all of 
which would improve the safety and health of miners. Also, because some 
hazards are currently addressed in the mine ventilation plan, the final 
rule will reduce the resources and paperwork associated with the 
submission and approval of this aspect of the ventilation plan. It also 
will provide for more uniform requirements, resulting in more 
consistent enforcement.

Risks: The use of diesel-powered equipment in underground coal mines 
poses a risk of fire or explosion by introducing an ignition source 
through the engine itself and from the underground handling and storage 
of diesel fuel. Without rules for the design, use, and maintenance of 
diesel-powered equipment, the Agency lacks an effective means to 
control safety and health hazards associated with diesel-powered 
equipment in the confined environment of the underground coal mine.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            10/04/89                    54 FR 40950
NPRM Comment Period End         05/10/91                    56 FR 13404
Final Action                    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-AA27
_______________________________________________________________________




1936. 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                    08/00/96

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
_______________________________________________________________________




1937. 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. The proposed 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. At this point, MSHA is exploring 
issuing the final rule in phases. For this phase of the final rule, 
MSHA is considering alternatives which may address PELs applicable to 
some of the most serious hazards found in metal and nonmetal and coal 
mines, thereby expediting the rulemaking and providing for more 
immediate protection. This phase may include provisions in addition to 
PELs. e.g., respiratory protection. MSHA has concluded that a gradual 
phase-in of provisions in the air quality rulemaking will be less 
burdensome for the industry and provide more immediate protection for 
the miners exposed to the most serious hazards.

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                    07/00/96

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

[[Page 23262]]

Administration, 4015 Wilson Boulevard, Room 631, Arlington, VA 22203
Phone: 703 235-1910

RIN: 1219-AA48
_______________________________________________________________________




1938. LONGWALL EQUIPMENT (INCLUDING HIGH-VOLTAGE)

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; 30 USC 957

CFR Citation:  30 CFR 18; 30 CFR 75

Legal Deadline: None

Abstract: Since 1970 MSHA regulations have required that high-voltage 
cables and transformers be kept at least 150 feet from the coal 
extraction area. The objective of this requirement is to prohibit the 
use of high-voltage cables and equipment that could serve as an 
ignition source for methane and coal dust in close proximity to the 
work area.
The modern development of highly productive longwall mining systems has 
resulted in their widespread use in the mining industry. Mine 
operators, however, currently must apply to MSHA for a variance from 
the existing standards in order to use this high-voltage equipment. The 
increased use of high-voltage longwalls in underground coal mines in 
recent years has led to the design of safe high-voltage electrical 
equipment and associated cables. These improvements have occurred 
specifically in the area of design and construction of explosion-proof 
equipment; insulation, short circuit, ground fault, and mechanical 
protection of cables; and equipment for safe handling of cables. For 
these reasons, in August 1992 MSHA published a proposed rule to 
establish safety requirements for the design, construction, 
installation, use, and maintenance of high-voltage longwall equipment 
and associated cables. The proposal would eliminate the need for a 
variance to use this equipment.

Statement of Need: Because of the existing regulatory prohibition 
against using high-voltage cables and transformers within 150 feet of 
the extraction area, underground coal mine operators who wish to use 
high-voltage longwall equipment must apply for a variance from the 
standard. Over the years, MSHA has granted high-voltage longwall 
variances which require that the mine operator comply with certain 
requirements, including the use of explosion-proof high-voltage 
equipment, specially designed cable, cable-handling systems, and state-
of-the-art ground fault and short-circuit protective devices. Since 
1985 MSHA has granted about 90 variances for use of high-voltage 
longwalls and has denied only one. Since 1992, when the proposed rule 
was published, MSHA has granted about 33 variances for use of high-
voltage longwalls.
The variance process involves substantial costs to the industry and 
MSHA. Most mine operators engage an attorney to prepare and submit a 
variance for the use of high-voltage longwall equipment. This part of 
the process alone can cost thousands of dollars. After receipt of the 
variance, MSHA processes the request, publishes a brief description in 
the Federal Register, has an inspector conduct an onsite investigation 
and prepare a report to the Administrator, and prepares a Proposed 
Decision and Order. Costs are incurred by industry in order to submit 
the appropriate documentation to support the variance. Agency costs are 
associated with processing, publication, and investigation of 
variances.

Alternatives: MSHA intends to revise its regulations to allow 
underground coal mine operators to use high-voltage longwall equipment 
and associated cables. The regulations would be based on the Agency's 
experience with variances, and would require the use of properly 
designed and constructed equipment and cables, as well as electrical 
and mechanical protective devices.

Anticipated Costs and Benefits: It is estimated that the rule would 
result in a cost savings. In the absence of the need to apply for 
variances, mine operators wishing to use high-voltage longwall 
equipment would realize reduced paperwork and significant savings 
associated with legal and administrative costs. In addition, high-
voltage longwall equipment could be installed without waiting for MSHA 
to approve a variance. The normal length of time for preparing and 
processing a variance and issuing a decision is about 6 months to a 
year; but, on occasion, the entire process has taken several years. 
Eliminating the need to process and investigate variances would 
increase the resources available to both industry and MSHA personnel 
that could be directed to the proper installation, inspection, and 
maintenance of the equipment.
High-voltage longwall systems improve miners' safety from electrical 
hazards through improved technology in the areas of cable design and 
construction, circuit and equipment electrical protection, and cable 
handling and support systems. Additional benefits are realized from the 
convenient location of disconnect devices for the purpose of performing 
electrical work, and the use of barriers and interlock switches in 
electrical equipment to help guard against accidental contact with 
energized circuits.

Risks: The mining industry, through the variance process, has been 
using high-voltage longwalls and associated cables since 1985. The 
Agency is unaware of any accidents attributable to the use of such 
equipment allowed under conditions approved through the variance 
process.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            08/27/92                    57 FR 39036
NPRM Comment Period End         11/13/92                    57 FR 46350
Reopen Record                   10/18/95                    60 FR 53891
Extended Comment Period         11/14/95                    60 FR 57203
Final Action                    09/00/96

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-AA75
_______________________________________________________________________




1939. SINGLE-SHIFT SAMPLING NOTICE

Priority:  Other Significant

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

CFR Citation:  Not yet determined

[[Page 23263]]

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
Notice Re-opening Record        03/12/96                    61 FR 10012
Final Action                    06/00/96

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
_______________________________________________________________________




1940. SAFETY STANDARDS FOR EXPLOSIVES 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: 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
Final Action                    04/00/96

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-AA84
_______________________________________________________________________




1941. 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. A public hearing is requested.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            10/27/95                    60 FR 55150
NPRM Comment Period End         12/11/95
Final Action                    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
Fax: 703 235-5551

RIN: 1219-AA97
_______________________________________________________________________


DEPARTMENT OF LABOR (DOL)                             Long-Term Actions


Mine Safety and Health Administration (MSHA)



_______________________________________________________________________




1942. 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

[[Page 23264]]

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
_______________________________________________________________________




1943. 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
_______________________________________________________________________




1944. 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
_______________________________________________________________________




1945. 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
_______________________________________________________________________




1946. 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

[[Page 23265]]

the National Performance Review. Public hearing scheduled for November 
1995 was cancelled due to funding lapse. The hearing will be 
rescheduled.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            11/30/94                    59 FR 61376
NPRM Comment Period End         02/21/95
Public Hearing Notice           10/10/95                    60 FR 52640
Final Action                    00/00/00

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
_______________________________________________________________________




1947. 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
_______________________________________________________________________




1948. 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                    00/00/00

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
_______________________________________________________________________




1949.  IMPROVING AND ELIMINATING REGULATIONS

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; 30 USC 957

CFR Citation:  30 CFR ch 1

Legal Deadline: None

Abstract: In response to the President's directive, the Mine Safety and 
Health Administration (MSHA) conducted a review of its existing 
regulations to identify provisions that are outdated, redundant, 
unnecessary, or otherwise in need of changing. Many of the changes 
require notice and comment rulemaking while other non-substantive 
changes can be implemented upon publication. So far, the Agency has 
identified nine regulations that could be removed entirely without any 
adverse impact on miner safety and health. In general, these 
regulations are obsolete or redundant. MSHA also has identified 
provisions in over 80 other regulations that need overhauling or the 
cleanup of non-substantive language. MSHA considers this project to be 
an evolving, ongoing process and will continue to accept 
recommendations from the public as the review progresses.

Timetable: Next Action Undetermined

Small Entities Affected: Businesses, Governmental Jurisdictions

Government Levels Affected: State, Local, Federal

Additional Information: As part of its regulatory improvement project, 
MSHA published final technical amendments updating addresses in 30 CFR 
Chapter 1 on July 11, 1995 (60 FR 35692).

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

RIN: 1219-AA98
_______________________________________________________________________




1950.  RESPIRABLE DUST STANDARD FOR UNDERGROUND AND SURFACE COAL 
MINES; NIOSH CRITERIA DOCUMENT

Priority:  Substantive, Nonsignificant

Legal Authority:  30 USC 811

CFR Citation:  30 CFR 70; 30 CFR 71

Legal Deadline: None

[[Page 23266]]

Abstract: The Mine Safety and Health Administration (MSHA) received a 
criteria document from the National Institute for Occupational Safety 
and Health (NIOSH) entitled ``Criteria for a Recommended Standard: 
Occupational Exposure to Respirable Coal Mine Dust'' (criteria 
document). The NIOSH criteria document contains a number of 
recommendations, including a reduction of the existing MSHA permissible 
exposure limit (PEL) for respirable coal mine dust. In addition, NIOSH 
recommends a separate PEL for respirable crystalline silica. The 
Federal Mine Safety and Health Act of 1977 (Mine Act) obligates MSHA to 
issue a public response to the NIOSH criteria document. This proposed 
rule is MSHA's response to the NIOSH criteria document. It would revise 
MSHA's existing PEL for respirable coal mine dust and would establish a 
separate PEL for respirable crystalline silica as recommended by NIOSH. 
The scientific justification for MSHA's proposal is based upon the 
health effects evidence in the NIOSH criteria document.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            00/00/00

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 627, Arlington, VA 22203
Phone: 703 235-1910

RIN: 1219-AA99
_______________________________________________________________________




1951.  SAFETY STANDARDS FOR ROOF BOLTS IN METAL AND NONMETAL 
MINES AND UNDERGROUND COAL MINES

Priority:  Other Significant

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

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

Legal Deadline: None

Abstract: MSHA is revising its safety standards for metal and nonmetal 
mines and underground coal mines by substituting a new reference to the 
1995 ASTM standard for roof bolts and accessories (ASTM F432-95). The 
new standard reflects technological advances in the design of roof and 
rock bolts and support materials and would improve the level of 
protection provided to miners. The safety standards for ground control 
and roof control at mines currently require that mine operators obtain 
a certification from the manufacturer that rock bolts and accessories 
are manufactured and tested in accordance with an American Society for 
Testing and Material (ASTM) publication ``Standard Specification for 
Roof and Rock Bolts and Accessories.'' MSHA regulations reference the 
1983 revision (ASTM F432-83 for metal and nonmetal mines and the 1988 
revision (ASTM 432-88) for coal mines. The ASTM standard is a consensus 
standard used throughout the United States. It contains specifications 
for the chemical, mechanical, and dimensional requirements for roof and 
rock bolts and accessories used for ground support systems.

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 627, Arlington, VA 22203
Phone: 703 235-1910

RIN: 1219-AB00
_______________________________________________________________________


DEPARTMENT OF LABOR (DOL)                             Completed Actions


Mine Safety and Health Administration (MSHA)



_______________________________________________________________________




1952. UNDERGROUND COAL MINE VENTILATION

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: The final rule revises 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 had been stayed. The final rule revised 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                    03/11/96                     61 FR 9764
Final Action Effective          06/10/96

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
_______________________________________________________________________

[[Page 23267]]




DEPARTMENT OF LABOR (DOL)                             Long-Term Actions


Office of the Assistant Secretary for Administration and Management 
(OASAM)



_______________________________________________________________________




1953. 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
_______________________________________________________________________




1954. 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                            04/00/97

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)                           Proposed Rule Stage


Occupational Safety and Health Administration (OSHA)



_______________________________________________________________________




1955. STEEL ERECTION (PART 1926) (SAFETY PROTECTION FOR IRONWORKING)

Priority:  Economically 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 655; 40 USC 333

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

Legal Deadline: None

Abstract: On December 29, 1992, the Occupational Safety and Health 
Administration (OSHA) announced its intention to form a negotiated 
rulemaking advisory committee to negotiate issues associated with a 
revision of the existing steel erection standard. Four of the primary 
issues to be negotiated include the need to expand the scope and 
application of the existing standard, construction specifications and 
work practices, written construction safety erection plan, and fall 
protection. The Steel Erection Negotiated Rulemaking Advisory Committee 
(SENRAC), a 20-member committee, was established, and the SENRAC 
charter was signed by Secretary Reich on May 26, 1994. The first 
meeting was held in the Washington area on June 14-16, 1994, and the 
Committee has met nine times since.
The negotiated rulemaking process has been successful in bringing 
together the interested parties that will be affected by the proposed 
revision to the steel erection rule to work out contrasting positions, 
find common ground on the major issues, and achieve consensus on a 
proposed rule. The use of this process and a neutral facilitator 
allowed the stakeholders to develop an ownership stake in the proposal 
that they would not have had without the use of this process.
The process has led to a draft revision to Subpart R of 29 CFR 1926 
that contains innovative provisions that will help to minimize the 
major causes of steel erection injuries and fatalities. Many of these 
provisions could not have been developed without this process, which 
has brought together industry experts, via face-to-face negotiations, 
to discuss different approaches to resolving the issues. This process 
has proved mutually beneficial

[[Page 23268]]

to all the parties involved (including OSHA), with each Committee 
member participating in resolving the issues and developing practical 
and effective rules to make the steel erection industry safer.
The Agency benefitted from this process by having industry members 
participate and add to the Agency's knowledge about steel erection. 
Also, the Agency has been able to work together constructively with the 
various parties and has avoided the adversarial environment that 
sometimes develops during OSHA rulemaking. The negotiated rulemaking 
process will enable the Agency to publish a proposal and go from 
proposal to final rule more quickly and with less controversy than 
would otherwise have been possible.

Statement of Need: In 1989, OSHA was petitioned by the Iron Workers 
Union and National Erectors Association to revise its construction 
safety standard for steel erection through the negotiated rulemaking 
process. OSHA asked an independent consultant to review the issues 
involved in a steel erection revision, render an independent opinion, 
and recommend a course of action to revise the standard. The consultant 
recommended that OSHA address the issues by using the negotiated 
rulemaking process. Based on the consultant's findings and the 
continued requests for negotiated rulemaking, OSHA decided to use the 
negotiated rulemaking process to develop a proposed revision of Subpart 
R. The use of negotiated rulemaking was thought to be the best approach 
to resolving steel erection safety issues, some of which have proven 
intractable in the past.

Alternatives: An alternative to using the negotiated rulemaking process 
is to publish a notice of proposed rulemaking developed by Agency staff 
and consider the concerns of the affected interests through the public 
comment and public hearing process. It is anticipated that using this 
alternative would result in an extremely long and contentious 
rulemaking proceeding, with subsequent challenge in the Court of 
Appeals. This alternative was therefore rejected. Another alternative 
would be not to revise the Agency's current steel erection rules for 
construction. This alternative was rejected because it would permit 
steel erection-related injuries and fatalities to continue.

Anticipated Costs and Benefits: The scope and nature of the proposed 
rule are currently under development, and thus estimates of costs and 
benefits have not been determined at this time. Costs are not likely to 
exceed $100 million annually, and benefits will include the prevention 
of numerous fatalities and hundreds of injuries associated with steel 
erection activities.

Risks: The magnitude of the risk associated with steel erection 
activities is great. It is estimated that about 40 workers are killed 
every year during steel erection activities. Falls are currently the 
number one killer of construction workers, and since the erection of 
buildings necessarily involves high exposure to fall hazards, the 
central focus of this rule will be to eliminate or reduce the risks 
associated with falls. All other construction trades are afforded a 
higher level of protection from falls by other rules in the 
construction safety and health standards.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Notice of Committee 
Establishment                   05/11/94                    59 FR 24389
NPRM                            10/00/96

Small Entities Affected: Undetermined

Government Levels Affected: None

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

RIN: 1218-AA65
_______________________________________________________________________




1956. RECORDING AND REPORTING OCCUPATIONAL INJURIES AND ILLNESSES 
(SIMPLIFIED INJURY/ILLNESS RECORDKEEPING REQUIREMENTS)

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 657; 29 USC 673

CFR Citation:  29 CFR 1904.1

Legal Deadline: None

Abstract: 
Over the years, concerns about the reliability and utility of injury 
and illness data derived from the employer-maintained OSHA records have 
been raised by Congress, NIOSH, BLS, the National Statistics (BLS), the 
National Academy of Sciences, the Office of Management and Budget 
(OMB), the General Accounting Office, business, and labor, as well as 
OSHA. In the late 1980s, to facilitate national policy dialogues, OSHA 
brought together representatives of industry, labor, government, and 
academia in a year-long effort to discuss problems with OSHA's injury 
and illness recordkeeping system. Keystone issued a report with 
specific recommendations on how to improve the system. Despite this 
effort, a regulatory revision was not formally begun. Earlier this year 
OSHA initiated an intensified effort to revive the revision process. 
Several meetings were again held with stakeholders from business, 
labor, and government in order to obtain feedback on a draft OSHA 
recordkeeping proposal and to gather related information. As a result 
of these meetings, OSHA is now planning to issue a proposed rule that 
will contain revised recordkeeping requirements, new recordkeeping 
forms, and new interpretive material to improve the Nation's injury and 
illness statistics, simplify the injury and illness recordkeeping 
system, and reduce the burden of the new rule on employers. Benefits 
will include: (1) a system that is more compatible with modern computer 
technology and is easier for employers, employees and government to 
use; (2) more reliable and useful records; (3) for the first time, 
comprehensive injury and illness records for construction sites; and 
(4) greater employee involvement in and awareness of safety and health 
matters.

Statement of Need: A revision to OSHA's outdated recordkeeping system 
has been contemplated for some time. The process of revision originated 
in BLS in 1987 and moved in 1990 to OSHA, when the recordkeeping 
function was transferred to the Agency.
The proposed rule reflects the input of many stakeholders, including 
OSHA field and national office staff, the participants in the 1987 
Keystone policy dialogue, staff from other government agencies (BLS, 
MSHA, the

[[Page 23269]]

Federal Railroad Administration (FRA) NIOSH and the States), and 
members of OSHA's advisory committees. OSHA has discussed the proposed 
revision with thousands of employers and representatives of the safety/
health community in over 100 presentations for employer groups, trade 
associations, safety councils, and union groups.
Recently, OSHA shared copies of the draft proposal with stakeholders 
from labor, industry, trade associations, and other government 
agencies. The proposal also was reprinted in several occupational 
safety and health trade publications, and OSHA held two stakeholder 
meetings to discuss the proposal and obtain feedback. As a result of 
this recent stakeholder input, OSHA made over 50 changes to the 
document. Although the various stakeholders did not agree on every 
detail of the proposal, OSHA is confident that the multiphase process 
followed in developing this proposal has resulted in substantial 
agreement on the issues and consensus on the desirability of publishing 
the proposal in the Federal Register to enable OSHA to obtain input 
from the public at large.
The occupational injury and illness records maintained by employers are 
an important component of OSHA's program. The records are used by 
employers and employees to discover and evaluate workplace safety and 
health hazards, and they provide OSHA personnel with necessary 
information during workplace inspections. The records also provide the 
source data for the Annual Survey of Occupational Injuries and 
Illnesses conducted by the BLS.
The records have their greatest value when they are used by employers 
and employees to manage and develop workplace safety and health 
programs. These records are an effective way to quantify a firm's 
injury and illness experience. When problems are quantified and 
presented to employers and employees, they are much more likely to be 
solved. Hazardous conditions, departments and jobs also can be 
identified by reviewing injury and illness records. Once hazards are 
discovered and corrective actions are taken, the records can be used to 
monitor the effectiveness of control approaches taken. Employers and 
employees can also use injury and illness records to develop and 
operate safety and health programs. When information on workplace 
injuries and illnesses is not available or is incorrect, the ability to 
identify problems and take corrective action is diminished.
The Government also has several uses for injury and illness records. 
These records are used by OSHA safety and health inspectors during 
worksite visits to highlight potential problems that require additional 
scrutiny. The records are the source documents for the Bureau of Labor 
Statistics Annual Survey of Occupational Injuries and Illnesses, the 
nation's primary source of information on workplace injury and illness. 
The resulting statistics on the frequency, rate, and factors 
contributing to job-related injury and illness are used to measure the 
performance of the Nation's safety and health policies, determine 
regulatory actions, and provide a point of comparison for an individual 
company's safety and health performance. The statistics are also used 
by NIOSH, academia, and other safety and health researchers to 
determine trends, discover emerging occupational conditions, and 
evaluate occupational safety and health policies.
The records will also be the source documents for OSHA's data 
collection initiative. This program will allow OSHA to use limited 
resources to focus intervention efforts (e.g., consultation, training, 
outreach, and enforcement) on worksites with the highest injury and 
illness rates. The data collection initiative will also provide OSHA 
with a means for measuring its performance in terms of outcomes--
changes in workplace injury and illness--rather than activities.

Alternatives: One alternative to publication of the proposed revision 
is to take no action and continue to administer the injury and illness 
recordkeeping system using the current regulation, forms and 
guidelines. Another alternative is to publish the proposal without 
changing the coverage and scope of the rule (i.e., continue the current 
rule's small employer and Standard Industrial Classification 
exemptions).
The first alternative is unacceptable because it does not address the 
recognized problems of the current system. The second alternative is 
also unacceptable. Evaluation of the most current injury and illness 
data available shows that modification of the existing coverage (of 
small employers and employers in certain Standard Industrial 
Classification Codes) will lead to the collection of more injury and 
illness information and reduce the paperwork burden on employers with 
smaller-sized establishments and those operating in less hazardous 
private industry sectors.

Anticipated Costs and Benefits: The average establishment affected by 
the proposed changes to the recordkeeping requirements would incur a 
net reduction in recordkeeping costs. Thus the proposed rule will not 
impose adverse economic impacts on firms in the regulated community. 
The proposed exemption from the regulation of all nonconstruction 
establishments with fewer than 20 employees will mean that small 
entities are likely to experience the greatest cost savings.

Risks: Benefits will include: (a) a system that is more compatible with 
and easier for government to use; (b) more reliable and useful records; 
(c) construction sites; and (d) greater employee involvement.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            02/02/96                     61 FR 4030
NPRM Comment Period End         05/02/96
Final Action                    10/00/96

Small Entities Affected: Businesses, Governmental Jurisdictions, 
Organizations

Government Levels Affected: State, Local

Sectors Affected:  All

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

RIN: 1218-AB24
_______________________________________________________________________




1957. COMPREHENSIVE OCCUPATIONAL SAFETY AND HEALTH PROGRAMS

Priority:  Economically 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 655

[[Page 23270]]

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

Legal Deadline: None

Abstract: The Occupational Safety and Health Administration (OSHA), 
many of the States, members of the safety and health community, 
insurance companies, professional organizations, companies 
participating in the Agency's Voluntary Protection Program, and many 
proactive employers in all industries have recognized the value of 
worksite-specific safety and health programs in preventing job-related 
injuries, illnesses, and fatalities. The effectiveness of these 
programs is seen most dramatically in the reductions in job-related 
injuries and illnesses, workers' compensation costs, and absenteeism 
that occur after employers implement such programs. To assist employers 
in establishing safety and health programs, OSHA in 1989 (54 FR 3904) 
published nonmandatory guidelines that were based on a distillation of 
the best safety and health management practices observed by OSHA in the 
years since the Agency was established. OSHA's decision to expand on 
these guidelines by developing a safety and health programs rule is 
based on the Agency's recognition that occupational injuries, 
illnesses, and fatalities are continuing to occur at an unacceptably 
high rate. In fact, in the most recent year for which data are 
available--1993--fatalities rose by 1.7 percent over 1992, and injuries 
and illnesses continued at approximately the same rate as in the past.
Although the precise scope of the standard (e.g., what industries will 
be covered, what sizes of firms will be covered) has not yet been 
determined, the safety and health programs contained in the proposed 
rule will include at least the following elements: management 
leadership of the program; active employee participation in the 
program; analysis of the worksite to identify safety and health hazards 
of all types; requirements that employers eliminate or control those 
hazards in an effective and timely way; safety and health training for 
employees, supervisors, and managers; and regular evaluation of the 
effectiveness of the safety and health program. In addition, in 
response to preliminary meetings with OSHA stakeholders, the Agency has 
decided to incorporate several program elements into this rule that 
were under consideration for separate rulemaking action. These elements 
include exposure assessment and medical surveillance for workers 
exposed to chemical hazards in their places of work. In the last 
Regulatory Plan (see 59 FR 57138, November 14, 1994), for example, OSHA 
presented separate entries for a proposed rule addressing Exposure 
Assessment Programs for Employees Exposed to Hazardous Chemicals and 
for a proposed rule on Medical Surveillance Programs for Employees. At 
the present time, however, OSHA intends to address exposure assessment 
as part of the worksite analysis that will be required of employers by 
the proposed safety and health programs rule and to obtain additional 
input from stakeholders about the need for a medical surveillance 
module in this rulemaking. OSHA has also decided, in response to 
President Clinton's April 24, 1995, Regulatory Reinvention Initiative, 
to undertake a general consolidation of duplicative elements across 
current standards. For example, OSHA plans to consolidate hundreds of 
training and records maintenance provisions, that are currently found 
throughout OSHA's general industry, construction, and maritime 
standards, into the proposed safety and health programs rule. This 
means that, once the programs rule has been promulgated, all of the 
Agency's procedural requirements for training and records maintenance 
(e.g., who must be trained, how often training must be conducted, how 
long training records must be kept) will be found in one place--in the 
programs rule--rather than in hundreds of individual standards, as is 
current practice. In keeping with the President's directive, this 
regulatory consolidation will eliminate duplicative paperwork, make 
compliance easier for employers, and standardize the procedural aspects 
of training and records maintenance. OSHA is also developing a program 
evaluation directive and a program evaluation profile to be used by 
compliance officers to evaluate the completeness and effectiveness of 
an employer's safety and health program. Those employers who can 
demonstrate effective and comprehensive programs will receive penalty 
reductions for any cited violations found by the compliance officer. 
OSHA believes that the effect of these enforcement initiatives, coupled 
with the regulatory requirements of the safety and health programs 
rule, will act as incentives to employers to establish safety and 
health programs that protect workers, enhance productivity, and 
decrease employer costs.

Statement of Need: Worksite-specific safety and health programs are 
increasingly being recognized as the most effective way of reducing 
job-related accidents, injuries, and illnesses. Ten States have to date 
passed legislation and/or regulations mandating such programs for some 
or all employers, and insurance companies have also been encouraging 
their client companies to implement these programs, because the results 
they have achieved have been so dramatic. In addition, all of the 
companies in OSHA's Voluntary Protection Program have established such 
programs and are reporting injury and illness rates that are sometimes 
only 20 percent of the average for other establishments in their 
industry. Safety and health programs apparently achieve these results 
by actively engaging front-line employees, who are closest to 
operations in the workplace and have the highest stake in preventing 
job-related accidents, in the process of identifying and correcting 
occupational hazards. Finding and fixing workplace hazards is a cost-
effective process, both in terms of the avoidance of pain and suffering 
and the prevention of the expenditure of large sums of money to pay for 
the direct and indirect costs of these injuries and illnesses. For 
example, many employers report that these programs return between $5 
and $9 for every dollar invested in the program, and almost all 
employers with such programs experience substantial reductions in their 
workers' compensation premiums. OSHA believes that having employers 
evaluate the job-related safety and health hazards in their workplace 
and address any hazards identified before they cause occupational 
injuries, illnesses, or deaths is an excellent example of ``regulating 
smarter,'' because all parties will benefit: workers will avoid the 
injuries and illnesses they are currently experiencing; employers will 
save substantial sums of money and increase their productivity and 
competitiveness; and OSHA's scarce resources will be leveraged as 
employers and employees join together to identify, correct, and

[[Page 23271]]

prevent job-related safety and health hazards.

Alternatives: In the last few years, OSHA has considered both 
nonregulatory and regulatory alternatives in the area of safety and 
health program management. First, OSHA published, in 1989, a set of 
voluntary management guidelines designed to assist employers to 
establish and maintain programs such as the one envisioned by the 
proposed safety and health programs rule. Although these guidelines 
have received widespread praise from many employers and professional 
safety and health associations, they have not been effective in 
stemming the growing tide of job-related deaths, injuries, and 
illnesses, which have continued to occur at unacceptably high levels. 
Many of the States have also recognized the value of these programs and 
have mandated that some or all covered employers establish them; 
however, this has led to inconsistent coverage from State-to-State, 
with many States having no coverage and others imposing stringent 
program requirements. OSHA believes that this experience clearly points 
to the need for a national regulation that will be consistent across 
State lines, will apply to all or to a clearly identified group of 
employers, will have provisions that are widely recognized as being 
effective, and will be cost-effective in implementation.

Anticipated Costs and Benefits: The scope and nature of the proposed 
rule are currently under development, and thus estimates of costs and 
benefits have not been determined at this time. Costs are likely to 
exceed $1 billion annually, and benefits will include the prevention of 
many of the thousands of fatalities and millions of injuries and 
illnesses associated with a broad spectrum of occupational hazards.

Risks: Workers in all major industry sectors in the United States 
continue to experience an unacceptably high rate of occupational 
fatalities, injuries, and illnesses. In 1993, the latest year for which 
statistics are available, the Bureau of Labor Statistics reports that 
5,590 fatalities and 6.7 million injuries and illnesses occurred within 
private industry. There is increasing evidence that addressing hazards 
in a piecemeal fashion, as employers tend to do in the absence of a 
comprehensive safety and health program, is considerably less effective 
in reducing accidents than a systematic approach. Dramatic evidence of 
the seriousness of this problem can be found in the staggering workers' 
compensation bill paid by America's employers and employees: $54 
billion annually. These risks can be reduced by the implementation of 
safety and health programs, as evidenced by the experience of OSHA's 
Voluntary Protection Program participants, who regularly achieve injury 
and illness rates averaging one-fifth to one-third those of competing 
firms in their industries. Other benefits of reducing accidents include 
enhanced productivity, improved employee morale, and reduced 
absenteeism. Because these programs address all job-related hazards--
including those that are covered by OSHA standards as well as those not 
currently addressed by these standards--the proposed rule will be 
effective in ensuring a systematic approach to the control of long-
recognized hazards, such as lead, and emerging hazards, such as lasers 
and heat stress.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            09/00/96

Small Entities Affected: Businesses

Government Levels Affected: Federal

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

RIN: 1218-AB41
_______________________________________________________________________




1958. OCCUPATIONAL EXPOSURE TO TUBERCULOSIS

Priority:  Economically Significant

Legal Authority:  29 USC 655(b)

CFR Citation:  Not yet determined

Legal Deadline: None

Abstract: On August 25, 1993, the Occupational Safety and Health 
Administration (OSHA) was petitioned by the Labor Coalition to Fight TB 
in the Workplace to initiate rulemaking for a permanent standard to 
protect workers against occupational transmission of tuberculosis (TB). 
Although the Centers for Disease Control and Prevention (CDC) have 
developed recommendations for controlling the spread of TB in several 
work settings (correctional institutions, health-care facilities, 
homeless shelters, long-term care facilities for the elderly, and drug 
treatment centers), the petitioners stated that in every recent TB 
outbreak investigated by the CDC noncompliance with CDC's TB control 
guidelines was evident. After reviewing the available information, OSHA 
has preliminarily concluded that significant risk of occupational 
transmission of TB does exist for some workers and has decided to 
initiate a standard 6(b) rulemaking. The Agency is currently developing 
a proposed rule which would require certain employers to take steps to 
eliminate or minimize employee exposure to TB. OSHA already regulates 
the biological hazard of bloodborne pathogens (e.g., HIV, hepatitis B) 
under 29 CFR 1910.1030 and believes that development of a TB standard 
is consistent with the Agency's mission and previous activity.
OSHA is currently pursuing a dialog with parties outside of the Agency 
with regard to the developing proposal. The draft preliminary Risk 
Assessment is being peer-reviewed by four individuals with specific 
knowledge in the areas of tuberculosis and risk assessment. One 
reviewer is from the Centers for Disease Control and Prevention (CDC) 
and three are from academia. In addition, OSHA is conducting 
stakeholder meetings with representatives of relevant professional 
organizations, trade associations, labor unions, and other groups. 
These meetings provide the opportunity for both general and frontline 
stakeholder representatives to present OSHA with their individual 
comments, observations, and concerns about the contents of the draft 
proposal. OSHA is also remaining cognizant of the activities of other 
Federal agencies relative to TB. In October of 1994, CDC published 
revised guidelines for protection against transmission of TB. 
Similarly, the National Institute for Occupational Safety and Health 
published new respirator certification procedures in June 1995. OSHA 
will give careful consideration to these documents during development 
of the proposed standard.

Statement of Need: For centuries, TB has been responsible for the 
deaths of millions of people throughout the world. TB is a contagious 
disease caused by the bacterium

[[Page 23272]]

Mycobacterium tuberculosis. Infection is generally acquired by the 
inhalation of airborne particles carrying the bacterium. These airborne 
particles, called droplet nuclei, can be generated when persons with 
pulmonary or laryngeal tuberculosis in the infectious state of the 
disease cough, sneeze, speak, or sing. In some individuals exposed to 
droplet nuclei, TB bacilli enter the alveoli and establish an 
infection. In most cases, the bacilli are contained by the individual's 
immune response. However, in some cases, the bacilli are not contained 
by the immune system and continue to grow and invade the tissue, 
leading to the progressive destruction of the organ involved. While in 
most cases this organ is the lung (i.e., pulmonary tuberculosis), other 
organs outside of the lung may also be infected and become diseased 
(i.e., extrapulmonary tuberculosis).
From 1953, when active cases began to be reported in the United States, 
until 1984, the number of annual reported cases declined 74 percent, 
from 84,304 to 22,255. However, this steady decline in TB cases has not 
continued. Instead, from 1985 through 1992, the number of reported TB 
cases increased 20.1 percent. In 1992, more than 26,000 new cases of 
active TB were reported in the United States. In New York City alone, 
3,700 cases of active TB were reported in 1991. Although a 5.1 percent 
decrease was observed in 1993, this number still represents a 14 
percent increase over the number of cases reported in 1985. In addition 
to the resurgence of TB, strains of tuberculosis have emerged that are 
resistant to several of the first-line anti-TB drugs. This multidrug-
resistant TB (MDR-TB) has a higher probability of being fatal due to 
the difficulty of halting the progression of the disease. Individuals 
with MDR-TB often remain infectious for longer periods of time due to 
delays in diagnosing resistance patterns and initiating proper 
treatment. This lengthened period of infectiousness increases the risk 
that the organism will be transmitted to other persons coming in 
contact with such individuals.
As the number of individuals with tuberculosis who require health care 
for the disease increases, so does occupational exposure to TB among 
health care workers. In fact, several outbreaks of tuberculosis, 
including MDR-TB, have recently occurred in health care facilities, 
resulting in transmission to both patients and health care workers. CDC 
found that factors contributing to these outbreaks included delayed 
diagnosis of TB, delayed recognition of drug resistance, delayed 
initiation of effective therapy, delayed initiation and inadequate 
duration of TB isolation, inadequate ventilation in TB isolation rooms, 
lapses in TB isolation practices, inadequate precautions for cough-
inducing procedures, and lack of adequate respiratory protection. CDC's 
analysis of data collected from three of the health care facilities 
involved in the outbreaks indicated that transmission of TB decreased 
significantly or ceased entirely in areas where recommended TB control 
measures were implemented.

Alternatives: Before deciding to publish a proposal, OSHA considered a 
number of options, including whether or not to develop an emergency 
temporary standard, publish an advance notice of proposed rulemaking, 
or enforce existing regulations.

Anticipated Costs and Benefits: Costs will be incurred by employers for 
engineering controls, respiratory protection, medical surveillance, 
training, exposure control, recordkeeping, and work practice controls. 
Benefits will include the prevention of occupationally related TB 
transmissions and infections, and a corresponding reduced risk of 
exposure among the general population. The scope and nature of the 
proposed rule are currently under development and thus estimates of 
costs and benefits have not been determined at this time.

Risks: Since 1985, the number of reported cases of TB in the United 
States increased, reversing a previous 30-year downward trend. In 
addition to the resurgence of TB, strains of multidrug-resistant TB 
have emerged which are even more likely to be fatal. Along with the 
increase of TB among the general population is an increased risk of 
occupational transmission to employees in work settings such as health 
care or correctional facilities who have contact with infectious 
individuals. TB is a contagious disease spread by airborne particles 
known as droplet nuclei. Active disease can cause signs and symptoms 
such as fatigue, weight loss, fever, night sweats, loss of appetite, 
persistent cough, and shortness of breath, and may possibly result in 
serious respiratory illness or death.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            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., Room N3718, FP Building, Washington, DC 20210
Phone: 202 219-7075

RIN: 1218-AB46
_______________________________________________________________________




1959. 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                            09/00/96

Small Entities Affected: Undetermined

Government Levels Affected: None

Agency Contact: Russell B. Swanson, Director, Construction Standards,

[[Page 23273]]

Department of Labor, Occupational Safety and Health Administration, 200 
Constitution Avenue NW., Room N3306, FP Building, Washington, DC 20210
Phone: 202 219-8644

RIN: 1218-AB47
_______________________________________________________________________




1960. 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                            12/00/96

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
_______________________________________________________________________




1961. PERMISSIBLE EXPOSURE LIMITS (PELS) FOR AIR CONTAMINANTS

Priority:  Economically Significant

Legal Authority:  29 USC 655 (b)

CFR Citation:  Not yet determined

Legal Deadline: None

Abstract: OSHA enforces hundreds of permissible exposure limits (PELs) 
for toxic air contaminants found in U.S. workplaces. These PELs set 
OSHA-enforceable limits on the magnitude and duration of employee 
exposure to each contaminant. The amount of exposure permitted by a 
given PEL depends on the toxicity and other characteristics of the 
particular substance. OSHA's PELs for air contaminants are codified in 
29 CFR 1910.1000, Tables Z-1, Z-2, and Z-3. The air contaminant limits 
were adopted by OSHA in 1971 from existing national consensus standards 
issued by the American Conference of Governmental Industrial Hygienists 
and the American National Standards Institute. These PELs, which have 
not been updated since 1971, thus reflect the results of research 
conducted in the 1950s and 1960s. Since then, much new information has 
become available that indicates that, in most cases, these early limits 
are outdated and insufficiently protective of worker health. To correct 
this situation, OSHA published a proposal in 1988 updating the air 
contaminant limits in general industry. That proposal became a final 
rule in 1989 (54 FR 2332); it lowered the existing PEL for 212 toxic 
air contaminants and established PELs for 164 previously unregulated 
air contaminants. On June 12, 1992 (57 FR 26001), OSHA proposed a rule 
that would have extended these limits to workplaces in the 
construction, maritime, and agriculture industries. However, on July 
10, 1992, the Eleventh Circuit Court of Appeals vacated the 1989 final 
rule on the grounds that ``(1) OSHA failed to establish that existing 
exposure limits in the workplace presented significant risk of material 
health impairment or that new standards eliminated or substantially 
lessened the risk; (2) OSHA did not meet its burden of establishing 
that its 428 new permissible exposure limits (PELs) were either 
economically or technologically feasible.'' The Court's decision to 
vacate the rule forced the Agency to return to the earlier, 
insufficiently protective limits.
OSHA continues to believe that establishing a rulemaking approach that 
will permit the Agency to update existing air contaminant limits and 
establish new ones as toxicological evidence of the need to do so 
becomes available is a high priority. The rulemaking described in this 
Regulatory Plan entry reflects OSHA's intention to move forward with 
this process. In determining how to proceed, OSHA is being guided by 
the OSH Act and the Eleventh District Court decision regarding the 
extent of the risk and feasibility analyses required to support revised 
and new air contaminant limits. OSHA is planning to propose new PELs 
for a smaller number of substances (substantially fewer than in the 
1989 rulemaking) by July of 1996. The Agency will rely on a risk-based 
prioritization system to identify those air contaminants that present 
significant risks to exposed employees and for which technologically 
and economically feasible controls exist. State-of-the-art risk 
assessment methodologies will be utilized for both carcinogens and 
noncarcinogens, and the determinations of feasibility

[[Page 23274]]

contained in the economic analysis accompanying the proposal will be 
extensive. The specific hazards associated with the air contaminants to 
be regulated will depend on the particular contaminants selected for 
rulemaking. Using priority planning criteria, such as the severity of 
the health effect, either acute or chronic, and the number of exposed 
workers, will ensure that significant risks are addressed and that 
workers will experience substantial benefits in the form of enhanced 
health and safety. Publication of the proposal will allow OSHA to 
institutionalize a mechanism for updating and extending its air 
contaminant limits, which will, at the same time, provide added 
protection to many workers who are currently being overexposed to toxic 
substances in the workplace.

Statement of Need: OSHA's current Tables Z-1, Z-2, and Z-3 contain 
approximately 470 PELs for various forms (e.g., dust, fumes, vapors) of 
the regulated contaminants, many of which are widely used in industrial 
settings. These PELs, which were adopted wholesale by OSHA in 1971 and 
have not been revised since then, are in many cases seriously 
unprotective of worker health. In addition, new chemicals are 
constantly being introduced into the working environment, and exposure 
to these substances can result in both acute and chronic health 
effects, with chronic effects being the more frequent and serious. 
Acute effects include respiratory and sensory irritation, chemical 
burns, and ocular damage; chronic effects include cardiovascular 
disease, respiratory, liver and kidney disease, reproductive effects, 
neurological damage, and cancer. For these reasons, it is a high OSHA 
priority to establish an ongoing regular process that will allow OSHA 
routinely to update existing PELs and establish limits for previously 
unregulated substances. The first step in achieving this goal is to 
publish an air contaminants proposal for a limited number of substances 
that will establish streamlined but scientifically sound and defensible 
procedures for conducting risk assessments and performing feasibility 
analyses that will permit regular updating and review of permissible 
exposure limits for air contaminants. The ability to lower existing 
limits and establish limits for new contaminants is an essential 
component of OSHA's mandate to protect the health and functional well-
being of America's workers.

Alternatives: OSHA has considered a variety of nonregulatory approaches 
to address the problem of the Agency's outdated exposure limits for air 
contaminants. These include the issuance of nonmandatory guidelines, 
enforcing lower limits through the ``general duty'' cause of the OSH 
Act in cases where substantial evidence exists that exposure presents a 
recognized hazard of serious physical harm, and the issuance of hazard 
alerts. OSHA believes, however, that the problem of overexposure to 
hazardous air contaminants is so widespread, and the Agency's current 
limits are so out of date, that only a regulatory approach will achieve 
the necessary level of protection. The regulatory approach also has 
advantages for employers, because it gives them the information they 
need to establish appropriate control strategies to protect their 
workers and reduce the costs of job-related illnesses. This first phase 
of an ongoing air contaminants updating and revision process thus will 
begin to resolve a problem of long-standing and major occupational 
health import.

Anticipated Costs and Benefits: The scope of the proposed rule is 
currently under development, and thus quantitative estimates of costs 
and benefits have not been determined at this time. Implementation 
costs associated with the proposed standard include primarily those 
related to identifying and correcting over-exposures using engineering 
controls and work practices. Additional costs may be incurred for the 
implementation of administrative controls and the purchase and use of 
personal protective equipment. Estimates of the magnitude of the 
problem of occupational illnesses, both acute and chronic, vary 
considerably. In 1989, OSHA concluded that its Air Contaminants rule in 
general industry, which lowered 212 exposure limits and added 164 where 
none had previously existed, would result in a reduction of 
approximately 55,000 illnesses and over 23,300 lost-workday illnesses 
annually. Chronic effects include cardiovascular disease, respiratory, 
liver and kidney disease, reproductive effects, neurological damage, 
and cancer. Acute effects include respiratory and sensory irritation, 
chemical burns, and ocular effects.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            12/00/96

Small Entities Affected: Undetermined

Government Levels Affected: Federal

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-AB54
_______________________________________________________________________




1962. REVISION OF CERTAIN STANDARDS PROMULGATED UNDER SECTION 6(A) OF 
THE WILLIAMS-STEIGER OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970

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 655(b); 5 USC 533

CFR Citation:  29 CFR 1910.106; 29 CFR 1910.107; 29 CFR 1910.108; 29 
CFR 1910.94(c); 29 CFR 1910.94(d); 29 CFR 1911

Legal Deadline: None

Abstract: The Occupational Safety and Health Administration (OSHA) 
adopted its initial package of workplace safety and health standards 
from various nationally recognized consensus standards and from 
standards that had already been promulgated by other Federal agencies. 
These standards reflected technologies that were current at the time 
the Williams-Steiger Occupational Safety and Health Act of 1970 (the 
Act) became law. Section 6(a) of the Act permitted OSHA to adopt 
significant nationally recognized consensus standards, developed by 
groups such as the National Fire Protection Association (NFPA) and the 
American National Standards Institute (ANSI), and existing Federal 
standards for use as OSHA standards without public participation or 
public comment. OSHA refers to the standards it adopted under section 
6(a) of the Act as ``6(a) standards.'' Since their adoption, many of 
these 6(a) standards have been

[[Page 23275]]

identified by the regulated community as being overly complex, 
difficult to read and follow, and out of date with current technology.
This project is part of a Presidential initiative to respond to the 
general criticism concerning the complexity and obsolescence of certain 
Federal regulations. OSHA believes that some of the Agency's section 
6(a) standards in subpart H of part H of part 1910 meet the criteria 
for critical review set forth in the Presidential initiative. OSHA has 
identified three standards from subpart H that need to be revised and 
updated to eliminate their complexity and obsolescence. These standards 
include 29 CFR 1910.106, Flammable and Combustible Liquids; 29 CFR 
1910.107, Spray Finishing Using Flammable and Combustible Materials; 
and 29 CFR 1910.108, Dip Tanks Containing Flammable or Combustible 
Materials.
With this project, OSHA is initiating three separate rulemakings that 
will revise and update three of OSHA's most complex and out-of-date 
section 6(a) standards. These specific sections address flammable and 
combustible liquid storage, handling, and use; spray finishing using 
flammable and combustible liquids; and dip tanks containing flammable 
and combustible liquids. The regulations contained in 29 CFR 1910.106, 
1910.107, and 1910.108 have long been criticized by labor, management, 
and government for their complexity, duplicative nature, and 
obsolescence. 29 CFR 1910.106 contains outdated and duplicative 
standards as well. 29 CFR 1910.107 and 1910.108 also contain 
substantive ventilation requirements that are duplicative with 
ventilation requirements contained in 29 CFR 1910.104, paragraphs (c) 
and (d).
OSHA intends to issue three separate proposals individually addressing 
29 CFR 1910.106; 29 CFR 1910.107 and 1910.94(c); and 29 CFR 1910.108 
and 1910.94(d). The purpose of these rulemakings will be to solicit 
public participation in the revision and updating of these standards to 
current levels of technology. It is also the purpose of the rulemakings 
to eliminate the complexity, duplicative nature, and obsolescence of 
the current existing standards and to write them in ``plain language,'' 
as directed by the President's report.

Statement of Need: These three OSHA safety standards are being revised 
and updated as part of the President's initiative on Federal 
regulations discussed in the U.S. Department of Labor report of June 
15, 1995. The Department of Labor report was issued in response to the 
President's Regulatory Reform Initiative dated April 24, 1995.
Fire hazards in the workplace associated with exposure to flammable and 
combustible liquids create a variety of safety and health problems, 
including thermal burns, chemical burns, smoke inhalation, respiratory 
inflammations, nausea, dizziness, other serious physical injuries and 
death. Overexposure to vapors, fumes, and mists created during spray 
applications or dipping processes involving flammable or combustible 
liquids create a variety of health problems, including respiratory 
infections, nausea, dizziness, respiratory allergies, heart disease, 
lung cancer, decreases in pulmonary function, other serious illnesses, 
and death.
Fires and explosions continue to occur frequently in the industrial 
environment. Such fires, which are often catastrophic, are often caused 
by improper storage, handling and use of flammable and combustible 
liquids, including improper or inadequate ventilation of their vapors, 
fumes, or mists. Control of the fire and health hazards that employees 
are exposed to during operations involving flammable and combustible 
liquids requires adequate fire control and ventilation procedures. 
These procedures can protect employees from the adverse physical safety 
or health effects resulting from exposure to flammable and combustible 
liquids and their vapor, fumes, or mists.
Employees are also exposed to significant health hazards when they work 
around spray finishing operations or dip tank operations that use 
nonflammable or noncombustible liquids. Many employers will use such 
nonflammable or noncombustible liquids in spray finishing or dipping 
operations to eliminate fire or explosion hazards. However, some 
chemicals, such as perchlorethylene, create significant health hazards 
to employees when used by spray finishing and dip tank operations. 
Health problems such as respiratory infections, nausea, dizziness, 
respiratory allergies, heart disease, lung cancer, decreases in 
pulmonary function, other serious illnesses, and death may occur if 
employee exposure to toxic, nonflammable or toxic noncombustible 
liquids are not controlled.
When 29 CFR 1910.94(c), 1910.94(d), 1910-106, 1910.107, and 1910.108 
were promulgated, many of the protective technologies and work 
practices recognized today in industries using flammable and 
combustible liquids did not exist. Advances in fire prevention 
strategies and equipment and in ventilation techniques and equipment 
necessitate the updating of these OSHA standards. Revising and updating 
these sections of Subpart H to recognize these new technologies and 
work practices will improve the occupational safety and health of 
employees by introducing new fire control and ventilation techniques 
into the workplace. The revision of these standards will also make them 
consistent with current nationally recognized consensus standards 
adopted by various authorities having jurisdiction over fire safety and 
health hazards. A consistent set of standards will make compliance with 
these rules easier for the regulated populations of employees and 
employers.

Alternatives: OSHA has considered several alternative approaches to 
controlling these hazards, including issuing guidelines, using the 
``general duty clause'' of the OSHA Act to cite serious and unsafe work 
practices not regulated by the existing standards, issuing hazard 
alerts, issuing program directives, and revising and updating the 
current OSHA standards to reflect the updated national consensus 
standards. OSHA believes that, in this case, revising and updating 
these standards is the most appropriate way to proceed. It is the only 
approach that will assure public participation in the updating and 
revision of outdated, complex, and obsolete rules. It will also assure 
that employers will provide the most recent technologies to protect 
their employees from fire and explosion hazards.

Anticipated Costs and Benefits: The benefits and costs associated with 
these revisions are undetermined at this time; however, OSHA 
anticipates that cost savings and increased benefits will be associated 
with these actions due to the use of newer technologies, equipment,

[[Page 23276]]

and procedures to reduce employee injuries and fatalities in the 
workplace.

Risks: Physical injuries and fatalities caused by thermal burns, 
chemical burns, smoke inhalation and traumatic injuries are common 
among employees exposed to fire or explosion hazards in the workplace. 
In addition, overexposure to vapors, fumes, and mists created during 
spray applications or dipping processes involving flammable or 
combustible liquids can create a variety of health problems, including 
respiratory infections, nausea, dizziness, respiratory allergies, heart 
disease, lung cancer, decreases in pulmonary function, other serious 
illnesses, and death.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            04/00/96
NPRM Access/Egress              05/00/96
NPRM Flammable and Combustible  07/00/96
NPRM Dip Tanks                  09/00/96
NPRM Spray Finishing            09/00/96

Small Entities Affected: Businesses, Governmental Jurisdictions

Government Levels Affected: State, Local, Federal

Additional Information: Flammable and Combustible Liquids, 29 CFR 
1910.106, Spray Finishing Using Flammable and Combustible Materials, 29 
CFR 1910.107, Dip Tanks Containing Flammable and Combustible Liquids, 
29 CFR 1010.108 are three standards selected for revision and updating 
under a Presidential Initiative to revise and update outdated, 
duplicative, or obsolete federal regulations. These standards were 
adopted under section 6(a) of the Williams-Steiger Occupational Safety 
and Health Act of 1970. 29 CFR 1910.106 will be revised and updated to 
be consisted with the current National Fire Protection Association 
source standard. It will also be formatted to make it easier to read. 
29 CFR 1910.94(d) will be combined with 29 CFR 1910.108 to eliminate 
duplicative standards.

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-AB55
_______________________________________________________________________


DEPARTMENT OF LABOR (DOL)                              Final Rule Stage


Occupational Safety and Health Administration (OSHA)



_______________________________________________________________________




1963. RESPIRATORY PROTECTION (PROPER USE OF MODERN RESPIRATORS)

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 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 for 
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. 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. 
Hearings began on June 6, 1995 and ended on June 20, 1995. The post-
hearing comment period ended on September 20, 1995.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

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




1964. 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

[[Page 23277]]

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                    06/00/96

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
_______________________________________________________________________




1965. 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                    05/00/96

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
_______________________________________________________________________




1966. 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                    09/00/96

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
_______________________________________________________________________

[[Page 23278]]





1967. 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                    12/00/96

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
_______________________________________________________________________




1968. 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                    04/00/96

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
_______________________________________________________________________

[[Page 23279]]





1969. 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. In March 1996, OSHA 
reopened the rulemaking record to receive comments on safety and health 
information presented to the Agency by business and labor. Work on a 
final rule is continuing

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
Limited Reopening of Rulemaking 
Record - Comments due by 4/8/96 03/08/96                     61 FR 9381
Final Action                    06/00/96

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-AA83
_______________________________________________________________________




1970. 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. The 
record was also reopened in late 1995 to receive new data and 
information on MC-related risks. Work on a final rule is continuing.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           11/24/86                    51 FR 42257
ANPRM Comment Period End        02/23/87
NPRM                            11/07/91                    56 FR 57036
NPRM Comment Period End         04/06/92
Final Action                    07/00/96

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
_______________________________________________________________________




1971. WALKING WORKING SURFACES AND PERSONAL FALL PROTECTION SYSTEMS 
(PART 1910) (SLIPS, TRIPS, AND FALL PREVENTION)

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 655(b)

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

[[Page 23280]]

Legal Deadline: None

Abstract: Standards for walking and working surfaces and personal fall 
protection systems will be issued concurrently as a final rule. The 
Occupational Safety and Health Administration's (OSHA's) existing 
standards for walking and working surfaces need to be revised because 
they are out of date and limit technological innovation in the means 
employers can use to comply. The final rule is performance-oriented, 
written in plain language, and flexible in the means of compliance 
permitted. In addition, OSHA's existing standards do not contain 
criteria for personal fall protection systems. Consequently, 
requirements containing criteria for such systems will be added to 29 
CFR Part 1910, Subpart I, Personal Protection Equipment, to enhance 
employee protection from injury and death due to falls to different 
elevations.

Statement of Need: The existing standards for walking/working surfaces 
were originally adopted in 1971 under Section 6(a) rulemaking 
procedures. These standards are now out of date, restrict technological 
innovation, and contain gaps in coverage. Currently, there are also no 
standards for personal fall protection systems that cover all general 
industry applications. This rulemaking action will thus revise and 
update OSHA's existing regulations for walking/working surfaces (29 CFR 
Part 1910, Subpart D) and add new coverage for personal fall protection 
systems to the current personal protective equipment standards (29 CFR 
Part 1910, Subpart I). The revised rules will be written in plain 
English so that they will be easier for employers and employees to 
understand.
The new standard will use a performance-oriented approach to permit 
flexibility in the means of compliance and to encourage innovation. New 
criteria for personal fall protection systems will be added to allow 
these systems to be used as additional alternatives to provide fall 
protection and to ensure that this type of equipment functions properly 
and is used correctly.
The legal basis for this action is that employees in general industry 
are exposed to a significant risk of falls, both falls on the same 
level and falls from an elevation. However, this action is not 
specifically required by statute, and is not required by court order.
The new standard will reduce risks to workers by providing clearer, up-
to-date requirements to minimize fall hazards. The standard will also 
cover new areas of fall protection such as special surfaces and manhole 
steps, and the use of qualified climbers. The new standard will also 
recognize personal fall protection systems as an acceptable option for 
fall protection, as well as provide the criteria to ensure that such 
systems will safely stop a worker's fall.

Alternatives: The following alternatives were considered for analysis:
1. Retaining the existing regulation unchanged. A number of the 
existing requirements are specification-oriented provisions that in 
some situations are inappropriate, unnecessarily costly, and 
inflexible. For example, the existing standard mandates guardrails for 
most roof perimeters and requires that fixed ladders on most towers and 
other structures be fitted with cages or ladder safety devices; but in 
some limited circumstances, such requirements are unnecessarily 
restrictive. Also, personal fall protection systems, which are suited 
to many difficult fall protection situations, are not permitted under 
the existing rule.
2. Issuing the final rule without an exemption for qualified climbers. 
This option would require that all fixed ladders over 24 feet in height 
utilize cages or ladder-safety devices. Under this option, the benefits 
of the standard would be about the same as they are for the version 
reflected in the final rule, but the first-year capital cost of 
compliance would be increased by more than a factor of eleven.
3. Issuing the revised final rule as a final standard, including the 
exemption for qualified climbers, requirements for fall protection 
systems, and other flexible provisions for such protective devices as 
guardrails. OSHA believes that this alternative will result in the 
greatest amount of employee protection at the least cost to employers 
of all the alternatives considered.

Anticipated Costs and Benefits: Modifications to existing requirements 
are expected to involve annual costs of less than $20 million. Benefits 
include the prevention of dozens of fatalities and thousands of 
injuries associated with falls and other work-surface-related 
incidents.

Risks: Nearly all workplaces and employees covered by the OSHA general-
industry standards are affected by the standards for walking and 
working surfaces. These standards cover about 84 million workers. 
Examples of walking and working surfaces included in these standards 
are stairs, step bolts, manhole steps, ramps, ladders, floors, fall-
protection systems, scaffolds, and mobile ladder stands.
The Bureau of Labor Statistics (BLS) reported from the 1987 and 1988 
annual surveys that falls accounted for 12 percent of all deaths of 
employees in workplaces with 11 or more employees.
The National Institute of Occupational Safety and Health (NIOSH) 
publication, ``Fatal Injuries to Workers in the United States, 1980-
1989: A Decade of Surveillance,'' reports that deaths from falls are 
the fourth leading cause of occupational fatalities, accounting for 10 
percent of all deaths in the workplace. According to the Insurance 
Institute for Highway Safety, falls are the second largest cause of 
occupational fatalities, next after death due to over-the-road motor 
vehicle accidents. Falls are also second only to motor vehicle 
accidents as a cause of brain injuries.
OSHA has determined that hazards associated with walking and working 
surfaces persist and must be addressed with improved standards. OSHA's 
preliminary regulatory impact analysis estimated that as many as 
105,000 disabling injuries and 132 fatalities that occur annually are 
potentially preventable by compliance with the revised final rule.
A number of special studies have also been conducted to gain a better 
understanding of the nature and causes of employee injuries, and the 
methods required for reducing their numbers. One such study on ladders, 
conducted by BLS, indicated that in about 55 percent of ladder-related 
accidents where employee injuries occurred, the ladder either moved, 
slipped, fell or broke. The study also indicated that ladders were not 
secured or braced in about 50 percent of these injury incidents. 
Furthermore, in nearly 60 percent of the incidents, employees were 
carrying something in their hands at the time of the incident. The 
final standard will address these problems by requiring design criteria 
and employee training in the use of ladders.

[[Page 23281]]

Another study of scaffold fatalities and catastrophes developed by OSHA 
indicated that 90 percent of fatally injured employees were performing 
their normal job activities at the time of the accident, and 55 percent 
of these employees were performing their basic or primary work tasks.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            04/10/90                    55 FR 13360
NPRM Comment Period End         08/22/90
Hearing                         09/11/90                    55 FR 29224
Final Action                    09/00/96

Small Entities Affected: Undetermined

Government Levels Affected: None

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

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

RIN: 1218-AB04
_______________________________________________________________________




1972. 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 
addressed 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. Work on the 
final regulation is continuing.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            04/19/94                    59 FR 18508
NPRM Comment Period End         07/18/94
Final Action                    04/00/96

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
_______________________________________________________________________




1973. 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                    07/00/96

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
_______________________________________________________________________




1974. ELIMINATING AND IMPROVING REGULATIONS

Priority:  Other Significant

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

Legal Authority:  29 USC 655(b)

CFR Citation:  29 CFR 1901; 29 CFR 1910; 29 CFR 1926; 29 CFR 1928; 29 
CFR 1950; 29 CFR 1951

Legal Deadline: None

Abstract: OSHA has made a continuing effort to eliminate confusing, 
outdated, and duplicative regulations. In 1978 and again in 1984, the 
Agency conducted comprehensive revocation and revision projects that 
resulted in the elimination of hundreds of

[[Page 23282]]

unnecessary rules. In response to the President's Memorandum of March 
4, 1995, and the April 24, 1995, Presidential Directive, the Agency is 
again renewing its effort to eliminate unnecessary regulations and 
improve others. Following a page-by-page review of regulations that was 
required as part of the President's April 24, 1995 regulatory reform 
initiative, OSHA developed a list of standards it proposes to revoke or 
revise. These standards were deemed to be out of date, duplicative, 
inconsistent with other OSHA standards, or preempted by the regulations 
of other Federal agencies. Administrative changes will also be 
addressed in this rulemaking.

Statement of Need: This rulemaking is part of OSHA's response to the 
President's Regulatory Reform Initiative, as embodied in the Department 
of Labor's report of June 15, 1995. In carrying out OSHA's 
responsibilities under the Presidential directive, and as part of 
OSHA's reinvention efforts, the Agency is reworking many health and 
safety standards, particularly those that were first adopted by OSHA in 
1971, into standards that are more understandable to employers and 
employees, are flexible in their means of compliance, and are founded 
in common-sense approaches to preventing or controlling workplace 
safety and health hazards. This standards project is a key part of the 
Agency's initial effort to meet this objective.
Workplace safety and health standards should be both protective of 
workers and user-friendly for employers and employees. If OSHA 
standards are duplicative, employers have more difficulty in achieving 
compliance. For example, rubber insulating equipment requirements in 29 
CFR 1910.268(f) should be revoked, because these same requirements 
appear in a more up-to-date form in 29 CFR 1910.137. Similarly, 
information given in respirator fit test procedures contained in 29 CFR 
1910.1000 is repeated in a number of other locations in OSHA health 
standards and could be eliminated by the addition of a cross reference 
to a single source.
In addition, any OSHA standards that are out of date as a result of 
industry changes in the use of materials or equipment should be revised 
to accommodate these changes. For example, only approved metal safety 
cans can be used for the storage and handling of flammable and 
combustible liquids in the construction industry, as required in 29 CFR 
1926.152(a)(1). Since plastic cans are now also approved and acceptable 
for this purpose, the OSHA standard should be revised to allow this 
industry to use such equipment if desired.
OSHA standards that are preempted by similar standards enforced by 
other Federal agencies (as specified in Section 4(b)(1) of the OSH Act) 
should also be removed from OSHA's regulations. For example, the 
capacity limits for liquefied petroleum gas (LPG) cylinders addressed 
in 29 CFR 1910.110(e)(10) are preempted by regulations enforced by the 
Department of Transportation for the same equipment. The inclusion of 
such standards in OSHA regulations unnecessarily increases the burden 
on employers trying to understand and comply with applicable standards.
There are also some OSHA standards that conflict with the rules of 
other Federal agencies. For example, OSHA requires empty boxes that 
previously contained high explosives that are being disposed of to be 
burned (29 CFR 1910.109(e)(2)), although some employers have been 
prohibited from burning these boxes by local air pollution 
requirements. OSHA will be revising these standards to allow 
flexibility and common-sense alternative methods and procedures.
Administrative actions will also be proposed in this rulemaking to 
reduce employer burden. These actions include the elimination of 
obsolete standards that address such matters as effective dates and 
sources of standards.

Alternatives: OSHA has considered issuing de minimis citations for 
noncompliance with many of the duplicative, outdated, or confusing 
standards that would be addressed in this notice. Such enforcement 
actions, however, do not eliminate the continuing problem for employers 
who must attempt to identify the standards that apply to their 
worksites. OSHA believes that the selective elimination of unnecessary 
standards and the revision and updating of others is the most 
satisfactory approach to resolving this problem.

Anticipated Costs and Benefits: No additional costs are anticipated for 
employers. Employers should benefit from this action because it will 
enhance their ability to comply with OSHA standards that are more user-
friendly.

Risks: Employee protection is likely to be enhanced to some extent by 
this action, which will clarify and update regulatory requirements.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Final - Consolidation of Similar 
Requirements                    03/07/96                     61 FR 9228
Final - Consolidation of Similar 
Requirements Effective Date 5/6/
96                              03/07/96
Final - Longshoring             04/00/96
NPRM - Elimination of 
Duplicative Pages               07/00/96
NPRM - Elimination of Problem 
Regulations                     07/00/96
Final - Respirators             09/00/96

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-AB53
_______________________________________________________________________

[[Page 23283]]




DEPARTMENT OF LABOR (DOL)                             Long-Term Actions


Occupational Safety and Health Administration (OSHA)



_______________________________________________________________________




1975. 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                    06/00/97

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
_______________________________________________________________________




1976. 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
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
_______________________________________________________________________




1977. 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.

[[Page 23284]]

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            06/00/97

Small Entities Affected: Undetermined

Government Levels Affected: Undetermined

Agency Contact: Russell B. Swanson, Director, Construction Standards, 
Department of Labor, Occupational Safety and Health Administration, 200 
Constitution Avenue NW., Room N3306, FP Building, Washington, DC 20210
Phone: 202 219-8644

RIN: 1218-AB30
_______________________________________________________________________




1978. 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 give guidance as to what 
information the instruction should include. There will also be other 
amendments to the standard to increase its effectiveness. This 
proposal, if adopted, would apply to general industry, the maritime 
industries and construction.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            03/14/95                    60 FR 13782
NPRM Comment Period End         07/12/95
NPRM Second and Hearing         01/30/96                     61 FR 3092
Final Action                    09/00/97

Small Entities Affected: Undetermined

Government Levels Affected: Undetermined

Additional Information: Hearing to be held 4/30/96 and May 1, 1996.

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
_______________________________________________________________________




1979. PREVENTION OF WORK-RELATED MUSCULOSKELETAL DISORDERS

Priority:  Economically Significant

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

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

Legal Deadline: None

Abstract: Work-related musculoskeletal disorders are a leading cause of 
pain, suffering, and disability in American workplaces. Since the 
1980's, the Occupational Safety and Health Administration (OSHA) has 
had a number of initiatives related to addressing these problems, 
including enforcement under the general duty clause, issuance of 
guidelines for the meatpacking industry, and development of other 
compliance-assistance materials.
Ultimately, the Agency decided that, given the increasing magnitude of 
the problem, a regulatory approach should be explored to ensure that 
the largest possible number of employers and employees become aware of 
the problems and ways of preventing work-related musculoskeletal 
disorders. The Agency was precluded from issuing a standard or 
guidelines in this area by a rider on its fiscal year 1995 rescission 
bill. It is unclear at this point whether similar Congressional 
restrictions will prevent OSHA from addressing this issue in fiscal 
year 1996.
An open process to develop and consider regulatory alternatives was 
initiated by the Bush Administration with the publication of an advance 
notice of proposed rulemaking on August 3, 1992 (57 FR 34192). About 
300 comments were received in response to that request. In addition to 
the public comments, OSHA has examined and analyzed the extensive 
scientific literature documenting the problem of work-related 
musculoskeletal disorders, the causes of the problem, and effective 
solutions; conducted a telephone survey of over 3,000 establishments 
regarding their current practices to prevent work-related 
musculoskeletal disorders; and completed a number of site visits to 
facilities with existing programs. The Agency has also held numerous 
stakeholder meetings to solicit input from individuals regarding the 
possible contents of a standard to prevent work-related musculoskeletal 
disorders, and on a draft proposed regulatory text and supporting 
documents. Agency representatives have delivered numerous outreach 
presentations to people who are interested in this subject; consulted 
professionals in the field to obtain expert opinions on various aspects 
of the options considered by the Agency; and had some employers field-
test certain requirements under consideration for the standard. A 
quantitative risk assessment has been drafted, as well as a preliminary 
assessment of potential costs and benefits.
OSHA is in the process of refining its regulatory approach based on 
stakeholder input and other information for inclusion in an NPRM. The 
Agency believes that the scientific evidence supports the need for a 
standard and that the availability of effective and reasonable means to 
control these hazards has been demonstrated. The criteria that have 
been developed for setting OSHA priorities support the Agency's 
determination that action is needed now to stop the escalating 
occurrence of work-related musculoskeletal disorders.

Statement of Need: OSHA estimates that the occurrence of work-related 
musculoskeletal disorders in the United

[[Page 23285]]

States ranges from more than 700,000 lost workday injuries and 
illnesses (30% of all lost workdays reported to the Bureau of Labor 
Statistics (BLS)) to more than 2.7 million annually awarded workers' 
compensation claims. These disorders now account for one out of every 
three dollars spent on workers' compensation. It is estimated that 
employers spend $20 billion a year on direct costs for workers' 
compensation, and up to five times that much for indirect costs, such 
as those associated with hiring and training replacement workers. In 
addition to these monetary effects, these disorders often impose a 
substantial personal toll on workers who experience their effects, and 
as a result are no longer able to work or to perform simple personal 
tasks like buttoning their clothes or brushing their hair.
Scientific evidence associates these disorders with stresses to various 
body parts caused by the way certain tasks are performed. The 
positioning of the body and the type of physical work that must be done 
to complete the tasks of a job may cause persistent pain and lead over 
time to deterioration of the affected joints, tissues, and muscles. The 
longer the time the worker must maintain a fixed or awkward posture, 
exert force, repeat the same movements, experience vibration, or handle 
heavy items, the greater the chance that such a disorder will occur. 
These job-related stresses are referred to as ``workplace risk 
factors,'' and the scientific literature demonstrates that exposure to 
these risk factors, particularly in combination with each other, 
significantly increases an employee's risk of developing a work-related 
musculoskeletal disorder. Jobs involving exposure to workplace risk 
factors appear in all types of industries and in all sizes of 
facilities. Musculoskeletal disorders occur in all parts of the body--
the upper extremity, the lower extremity, and the back.
The evidence OSHA has assembled and analyzed indicates that there are 
technologically and economically feasible measures available that can 
significantly reduce exposures to workplace risk factors and the risk 
of developing work-related musculoskeletal disorders. Many companies 
that have voluntarily implemented ergonomics programs have demonstrated 
that effective ergonomic interventions are available and implementation 
of them is beneficial to the employer and the employee. Many of these 
interventions are simple and inexpensive, but nevertheless have a 
significant effect on the occurrence of work-related musculoskeletal 
disorders. Substantial savings in workers' compensation costs, 
increased productivity, and decreased turnover are among the benefits 
found.

Alternatives: OSHA has considered many different regulatory 
alternatives since initiating the rulemaking process. These include 
variations in the scope of coverage, particularly with regard to 
industrial sectors; various phasing options related to the size of 
facility; and limitations to the types of disorders to be covered by 
the proposed rule. In particular, OSHA is examining scope options that 
would narrow or focus coverage to a similar percentage of the 
population at risk. The Agency is also looking at different ways to 
address the issue, such as having a program-oriented approach rather 
than focusing on the process for identifying and controlling hazards.

Anticipated Costs and Benefits: Implementation costs associated with a 
regulatory approach would include those related to identifying and 
correcting problem jobs using engineering and administrative controls. 
Benefits expected include reduced pain and suffering, both from 
prevented disorders as well as reduced severity in those disorders that 
do occur, fewer workers' compensation claims and lower associated 
costs, and reduced lost work time. Secondary benefits may accrue from 
improved quality and productivity due to better designed work systems.

Risks: The data OSHA has obtained and analyzed indicate that employees 
are at a significant risk of developing or aggravating musculoskeletal 
disorders due to exposure to risk factors in the workplace. In 
addition, information OSHA has obtained from site visits, scientific 
literature, compliance experience, and other sources indicates that 
there are economically and technologically feasible means of addressing 
and reducing these risks to prevent the development or aggravation of 
such disorders, or to reduce their severity. These data and analyses 
will be presented in the preamble to any proposed standard published in 
the Federal Register.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

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

Small Entities Affected: Businesses

Government Levels Affected: Undetermined

Agency Contact: 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-AB36
_______________________________________________________________________




1980. 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

[[Page 23286]]

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
_______________________________________________________________________




1981. 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                            06/00/97

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
_______________________________________________________________________




1982. 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

[[Page 23287]]

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
_______________________________________________________________________


DEPARTMENT OF LABOR (DOL)                             Completed Actions


Occupational Safety and Health Administration (OSHA)



_______________________________________________________________________




1983. 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) covers employee entry into bins, silos, 
and tanks. Formerly, paragraph (g) did not apply to certain grain 
storage buildings or to certain tanks unless entry into such tanks was 
made from the top of the structure. This rule amended paragraph (g) of 
section 1910.272 to assure and to clarify OSHA's original intent that 
this paragraph apply to all entries into structures that are made above 
the level of the grain.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            10/19/95                    60 FR 54047
NPRM Comment Period End         11/20/95
Final Action                    03/08/96                     61 FR 9578
Final Action Effective          04/08/96

Small Entities Affected: None

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
[FR Doc. 96-6946 Filed 05-10-96; 8:45 am]
BILLING CODE 4510-23-F