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


_______________________________________________________________________

Part XII





Department of Labor





_______________________________________________________________________



Semiannual Regulatory Agenda

[[Page 62748]]



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 October 1996 and October 1997, as well as those 
completed during the past 6 months.

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

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

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

    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.

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

    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).

    The Regulatory Flexibility Act (under section 610) also 
requires agencies to periodically review rules ``which have or will 
have a significant economic impact upon a substantial number of 
small entities'' and to annually publish a list of the rules that 
will be reviewed during the succeeding 12 months. The purpose of 
the review is to determine whether the rule should be continued 
without change, amended, or rescinded. The 12-month review list for 
the Department of Labor is provided below, and public comment is 
invited on the listing. A brief description of each rule, the legal 
basis for the rule, and the agency contact are provided with each 
agenda item. Agencies will report on the results of each review in 
the October 1997 regulatory agenda.

Employment Standards Administration

    Government Contractors: Nondiscrimination and Affirmative 
Action Obligations; 41 CFR 60-1 and 41 CFR 60-2 (RIN 1215-AA01)

Mine Safety and Health Administration

    Training and Retraining of Miners; 30 CFR 48 (RIN 1219-AB02)

Occupational Safety and Health Administration

    The Control of Hazardous Energy (Lockout/tagout); 29 CFR 
1910.147 (RIN 1218-AB59)

    Ethylene Oxide; 29 CFR 1910.1047 (RIN 1218-AB60)

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

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

Robert B. Reich,

Secretary of Labor.

                                    Office of the Secretary--Final Rule Stage                                   
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation 
 Sequence                                           Title                                            Identifier 
  Number                                                                                               Number   
----------------------------------------------------------------------------------------------------------------
2148        Supplemental Standards of Ethical Conduct for Employees of the Department of Labor....    1290-AA15 
----------------------------------------------------------------------------------------------------------------


                                   Office of the Secretary--Long-Term Actions                                   
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation 
 Sequence                                           Title                                            Identifier 
  Number                                                                                               Number   
----------------------------------------------------------------------------------------------------------------
2149        Coordinated Enforcement of Farm Labor Protective Statutes.............................    1290-AA11 
----------------------------------------------------------------------------------------------------------------


[[Page 62749]]


                            Employment Standards Administration--Proposed Rule Stage                            
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation 
 Sequence                                           Title                                            Identifier 
  Number                                                                                               Number   
----------------------------------------------------------------------------------------------------------------
2150        Child Labor Regulations, Orders, and Statements of Interpretation (ESA/W-H) (Reg Plan               
            Seq. No. 55)..........................................................................    1215-AA09 
2151        Defining and Delimiting the Term ``Any Employee Employed in a Bona Fide Executive,                  
            Administrative, or Professional Capacity'' (ESA/W-H) (Reg Plan Seq. No. 56)...........    1215-AA14 
2152        Affirmative Action and Nondiscrimination Obligations of Contractors and Subcontractors              
            for Special Disabled Veterans and Veterans of the Vietnam Era.........................    1215-AA62 
2153        Procedures for Predetermination of Wage Rates (29 CFR Part 1) and Labor Standards                   
            Provisions Applicable to Contracts Covering Federally Financed and Assisted                         
            Construction (29 CFR Part 5) (Reg Plan Seq. No. 57)...................................    1215-AA94 
2154        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 
2155        Benefits Under the Federal Coal Mine Safety and Health Act of 1977, as Amended                      
            Affecting the Black Lung Benefits Act.................................................    1215-AA99 
2156        Records To Be Kept by Employers Under the Fair Labor Standards Act....................    1215-AB03 
2157        Assessment and Collection of User Fees................................................    1215-AB06 
2158        Federal Employees' Compensation Act; Claims for Compensation for Work-Related Injury/               
            Death.................................................................................    1215-AB07 
2159        Minimum Wages in American Samoa.......................................................    1215-AB08 
2160        Employment of Student-Learners, Apprentices, Learners, Messengers, and Student Workers              
            Under Section 14 of the Fair Labor Standards Act......................................    1215-AB10 
2161        Exemptions Applicable to Agriculture, Processing of Agricultural Commodities, and                   
            Related Subjects Under the Fair Labor Standards Act...................................    1215-AB11 
2162        Miscellaneous Exemptions Under the Fair Labor Standards Act...........................    1215-AB12 
2163        Implementation of the 1996 Amendments to the Fair Labor Standards Act.................   1215-AB13  
----------------------------------------------------------------------------------------------------------------
References in boldface appear in the Regulatory Plan in Part II of this issue of the Federal Register.          


                              Employment Standards Administration--Final Rule Stage                             
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation 
 Sequence                                           Title                                            Identifier 
  Number                                                                                               Number   
----------------------------------------------------------------------------------------------------------------
2164        Government Contractors: Nondiscrimination and Affirmative Action Obligations (ESA/                  
            OFCCP) (Section 610 Review) (Reg Plan Seq. No. 58)....................................    1215-AA01 
2165        Labor Standards for Federal Service Contracts.........................................    1215-AA78 
2166        Application of the Fair Labor Standards Act to Domestic Service.......................    1215-AA82 
2167        Procedures for Handling Discrimination Complaints Under Federal ``Whistleblower''                   
            Protection Statutes...................................................................    1215-AA83 
2168        Standards for Waivers Under Section 503 of the Rehabilitation Act.....................    1215-AA84 
2169        Migrant and Seasonal Agricultural Worker Protection (29 CFR Part 500) (Reg Plan Seq.                
            No. 59)...............................................................................    1215-AA93 
2170        Executive Order 12933 of October 20, 1994, ``Nondisplacement of Qualified Workers                   
            Under Certain Conditions''............................................................    1215-AA95 
2171        Labor Condition Applications and Requirements for Employers Using Nonimmigrants on H-               
            1B Visas in Specialty Occupations and as Fashion Models...............................   1215-AB09  
----------------------------------------------------------------------------------------------------------------
References in boldface appear in the Regulatory Plan in Part II of this issue of the Federal Register.          


                             Employment Standards Administration--Long-Term Actions                             
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation 
 Sequence                                           Title                                            Identifier 
  Number                                                                                               Number   
----------------------------------------------------------------------------------------------------------------
2172        Enforcement of Contractual Obligations for Temporary Alien Agricultural Workers                     
            Admitted Under Section 216 of the Immigration and Nationality Act.....................    1215-AA43 
2173        Reporting by Labor Relations Consultants and Other Persons............................    1215-AB14 
----------------------------------------------------------------------------------------------------------------


                             Employment Standards Administration--Completed Actions                             
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation 
 Sequence                                           Title                                            Identifier 
  Number                                                                                               Number   
----------------------------------------------------------------------------------------------------------------
2174        Affirmative Action and Nondiscrimination Obligations of Contractors and Subcontractors              
            for Individuals With Disabilities.....................................................    1215-AA76 

[[Page 62750]]

                                                                                                                
2175        Attestations by Employers Using Alien Crewmembers for Longshore Activities in U.S.                  
            Ports.................................................................................    1215-AA90 
2176        Permanent Replacement of Lawfully Striking Employees by Federal Contractors...........    1215-AB15 
----------------------------------------------------------------------------------------------------------------


                           Employment and Training Administration--Proposed Rule Stage                          
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation 
 Sequence                                           Title                                            Identifier 
  Number                                                                                               Number   
----------------------------------------------------------------------------------------------------------------
2177        Airline Deregulation: Employee Benefit Program........................................    1205-AA07 
2178        Labor Certification Process for the Permanent Employment of Aliens in the United                    
            States (Reg Plan Seq. No. 60).........................................................    1205-AA66 
2179        Job Training Partnership Act: Indian and Native American Programs.....................    1205-AA96 
2180        Job Training Partnership Act: Migrant and Seasonal Farmworker Programs................    1205-AA99 
2181        Disaster Unemployment Assistance Program, Amendment to Regulations....................    1205-AB02 
2182        Federal-State Unemployment Compensation Program; Unemployment Insurance Performance                 
            System................................................................................   1205-AB10  
----------------------------------------------------------------------------------------------------------------
References in boldface appear in the Regulatory Plan in Part II of this issue of the Federal Register.          


                            Employment and Training Administration--Final Rule Stage                            
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation 
 Sequence                                           Title                                            Identifier 
  Number                                                                                               Number   
----------------------------------------------------------------------------------------------------------------
2183        Trade Adjustment Assistance for Workers--Implementation of 1988 Amendments............    1205-AB05 
2184        Trade Adjustment Assistance for Workers--Transitional Adjustment Assistance NAFTA-TAA.    1205-AB07 
2185        Labor Certification Process for the Permanent Employment of Aliens; Researchers                     
            Employed by Colleges and Universities.................................................    1205-AB11 
----------------------------------------------------------------------------------------------------------------


                            Employment and Training Administration--Long-Term Actions                           
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation 
 Sequence                                           Title                                            Identifier 
  Number                                                                                               Number   
----------------------------------------------------------------------------------------------------------------
2186        Services to Migrant and Seasonal Farmworkers, Job Service Complaint System,                         
            Monitoring, and Enforcement...........................................................    1205-AA37 
2187        Amendments to the Labor Certification Process for Temporary Agricultural Employment in              
            the United States (H-2A)..............................................................    1205-AB09 
----------------------------------------------------------------------------------------------------------------


                            Employment and Training Administration--Completed Actions                           
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation 
 Sequence                                           Title                                            Identifier 
  Number                                                                                               Number   
----------------------------------------------------------------------------------------------------------------
2188        Attestations by Employers Using Alien Crewmembers for Longshore Activities in U.S.                  
            Ports, the Alaska Exception...........................................................    1205-AB03 
2189        Work Incentive (WIN) Programs for AFDC Recipients, Removal of Obsolete Work Program                 
            Regulations...........................................................................    1205-AB12 
2190        Removal of Duplicative Regulations Governing the H-1A Nurses Labor Attestation                      
            Program, the D-1 Foreign Maritime Crewmembers Program, the H-1B Nonimmigrant Labor                  
            Condition, and F-1 Students...........................................................    1205-AB13 
----------------------------------------------------------------------------------------------------------------


                           Pension and Welfare Benefits Administration--Prerule Stage                           
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation 
 Sequence                                           Title                                            Identifier 
  Number                                                                                               Number   
----------------------------------------------------------------------------------------------------------------
2191        Enforcement Policy on AICPA SOP 92-6..................................................    1210-AA57 
----------------------------------------------------------------------------------------------------------------


[[Page 62751]]


                        Pension and Welfare Benefits Administration--Proposed Rule Stage                        
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation 
 Sequence                                           Title                                            Identifier 
  Number                                                                                               Number   
----------------------------------------------------------------------------------------------------------------
2192        Qualified Domestic Relations Orders...................................................    1210-AA19 
2193        Revision of the Form 5500 Series and Implementing and Related Regulations Under the                 
            Employee Retirement Income Security Act of 1974 (ERISA) (Reg Plan Seq. No. 61)........    1210-AA52 
2194        Limitation of Liability for Insurers and Others Under Part 4 of Title I of ERISA and                
            Section 4975 of the Internal Revenue Code.............................................   1210-AA58  
----------------------------------------------------------------------------------------------------------------
References in boldface appear in the Regulatory Plan in Part II of this issue of the Federal Register.          


                          Pension and Welfare Benefits Administration--Final Rule Stage                         
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation 
 Sequence                                           Title                                            Identifier 
  Number                                                                                               Number   
----------------------------------------------------------------------------------------------------------------
2195        Regulations Implementing the Health Care Access, Portability and Renewability                       
            Provision of the Health Insurance Portability and Accountability Act of 1996 (Reg Plan              
            Seq. No. 62)..........................................................................    1210-AA54 
2196        Amendment of Summary Plan Description and Related ERISA Regulations to Implement                    
            Statutory Changes in the Health Insurance Portability and Accountability Act of 1996                
            (Reg Plan Seq. No. 63)................................................................    1210-AA55 
2197        Civil Monetary Penalty Adjustment Regulation..........................................   1210-AA56  
----------------------------------------------------------------------------------------------------------------
References in boldface appear in the Regulatory Plan in Part II of this issue of the Federal Register.          


                         Pension and Welfare Benefits Administration--Long-Term Actions                         
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation 
 Sequence                                           Title                                            Identifier 
  Number                                                                                               Number   
----------------------------------------------------------------------------------------------------------------
2198        Adequate Consideration................................................................    1210-AA15 
2199        Civil Penalties Under ERISA Section 502(l)............................................    1210-AA37 
2200        Reporting and Disclosure Under the Employee Retirement Income Security Act of 1974....    1210-AA44 
2201        Definition of Collective Bargaining Agreement (ERISA Section 3(40))...................    1210-AA48 
----------------------------------------------------------------------------------------------------------------


                         Pension and Welfare Benefits Administration--Completed Actions                         
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation 
 Sequence                                           Title                                            Identifier 
  Number                                                                                               Number   
----------------------------------------------------------------------------------------------------------------
2202        Interpretive Bulletin on Participant Education........................................    1210-AA50 
2203        Removal of Obsolete Regulations and Interpretive Bulletins............................    1210-AA51 
2204        Regulations Relating to Definition of Plan Assets: Participant Contributions..........    1210-AA53 
----------------------------------------------------------------------------------------------------------------


                               Office of the American Workplace--Completed Actions                              
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation 
 Sequence                                           Title                                            Identifier 
  Number                                                                                               Number   
----------------------------------------------------------------------------------------------------------------
2205        Reporting by Labor Relations Consultants and Other Persons............................    1294-AA12 
----------------------------------------------------------------------------------------------------------------


                              Mine Safety and Health Administration--Prerule Stage                              
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation 
 Sequence                                           Title                                            Identifier 
  Number                                                                                               Number   
----------------------------------------------------------------------------------------------------------------
2206        Advisory Committee on the Elimination of Pneumoconiosis Among Coal Miners (Reg Plan                 
            Seq. No. 64)..........................................................................    1219-AA81 
2207        Safety Standards for the Use of Roof Bolting Machines.................................    1219-AA94 
2208        Training and Retraining of Miners (Section 610 Review)................................   1219-AB02  
----------------------------------------------------------------------------------------------------------------
References in boldface appear in the Regulatory Plan in Part II of this issue of the Federal Register.          


[[Page 62752]]


                           Mine Safety and Health Administration--Proposed Rule Stage                           
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation 
 Sequence                                           Title                                            Identifier 
  Number                                                                                               Number   
----------------------------------------------------------------------------------------------------------------
2209        Noise Standard (Reg Plan Seq. No. 65).................................................    1219-AA53 
2210        Diesel Particulate (Reg Plan Seq. No. 66).............................................    1219-AA74 
2211        Belt Entry Use as Intake Aircourses to Ventilate Working Sections.....................    1219-AA76 
2212        Metal/Nonmetal Impoundments...........................................................    1219-AA83 
2213        Safety Standard Revisions for Underground Anthracite Mines............................    1219-AA96 
2214        Improving and Eliminating Regulations.................................................    1219-AA98 
2215        Safety Standards for Roof Bolts in Metal and Nonmetal Mines and Underground Coal Mines    1219-AB00 
2216        Electrical Standards for Metal and Nonmetal Mines.....................................   1219-AB01  
----------------------------------------------------------------------------------------------------------------
References in boldface appear in the Regulatory Plan in Part II of this issue of the Federal Register.          


                             Mine Safety and Health Administration--Final Rule Stage                            
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation 
 Sequence                                           Title                                            Identifier 
  Number                                                                                               Number   
----------------------------------------------------------------------------------------------------------------
2217        Hazard Communication..................................................................    1219-AA47 
2218        Air Quality, Chemical Substances, and Respiratory Protection Standards................    1219-AA48 
2219        Longwall Equipment (Including High-Voltage)...........................................    1219-AA75 
2220        Single-Shift Sampling Notice..........................................................    1219-AA82 
----------------------------------------------------------------------------------------------------------------


                            Mine Safety and Health Administration--Long-Term Actions                            
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation 
 Sequence                                           Title                                            Identifier 
  Number                                                                                               Number   
----------------------------------------------------------------------------------------------------------------
2221        Confined Spaces.......................................................................    1219-AA54 
2222        Carbon Monoxide Monitor Approval......................................................    1219-AA72 
2223        Decertification of Certified and Qualified Persons....................................    1219-AA79 
2224        Independent Laboratory Testing........................................................    1219-AA87 
2225        Safety Standards for Methane in Metal and Nonmetal Mines..............................    1219-AA90 
2226        Requirements for Approval of Flame-Resistant Conveyor Belts...........................    1219-AA92 
2227        Surface Haulage.......................................................................    1219-AA93 
----------------------------------------------------------------------------------------------------------------


                            Mine Safety and Health Administration--Completed Actions                            
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation 
 Sequence                                           Title                                            Identifier 
  Number                                                                                               Number   
----------------------------------------------------------------------------------------------------------------
2228        Diesel-Powered Equipment for Underground Coal Mines...................................    1219-AA27 
2229        Safety Standards for Explosives at Metal and Nonmetal Mines...........................    1219-AA84 
2230        First-Aid at Metal and Nonmetal Mines.................................................    1219-AA97 
2231        Respirable Dust Standard for Underground and Surface Coal Mines; NIOSH Criteria                     
            Document..............................................................................    1219-AA99 
----------------------------------------------------------------------------------------------------------------


            Office of the Assistant Secretary for Administration and Management--Proposed Rule Stage            
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation 
 Sequence                                           Title                                            Identifier 
  Number                                                                                               Number   
----------------------------------------------------------------------------------------------------------------
2232        Nondiscrimination on the Basis of Age in Programs and Activities Receiving Federal                  
            Financial Assistance From the Department of Labor.....................................    1291-AA21 
----------------------------------------------------------------------------------------------------------------


[[Page 62753]]


             Office of the Assistant Secretary for Administration and Management--Long-Term Actions             
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation 
 Sequence                                           Title                                            Identifier 
  Number                                                                                               Number   
----------------------------------------------------------------------------------------------------------------
2233        Department of Labor Acquisition Regulations...........................................    1291-AA20 
----------------------------------------------------------------------------------------------------------------


                          Occupational Safety and Health Administration--Prerule Stage                          
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation 
 Sequence                                           Title                                            Identifier 
  Number                                                                                               Number   
----------------------------------------------------------------------------------------------------------------
2234        Standards Advisory Committee on Metalworking Fluids (Reg Plan Seq. No. 67)............    1218-AB58 
2235        Control of Hazardous Energy Sources (Lockout/Tagout) (Section 610 Review).............    1218-AB59 
2236        Occupational Exposure to Ethylene Oxide (Section 610 Review)..........................   1218-AB60  
----------------------------------------------------------------------------------------------------------------
References in boldface appear in the Regulatory Plan in Part II of this issue of the Federal Register.          


                       Occupational Safety and Health Administration--Proposed Rule Stage                       
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation 
 Sequence                                           Title                                            Identifier 
  Number                                                                                               Number   
----------------------------------------------------------------------------------------------------------------
2237        Steel Erection (Part 1926) (Safety Protection for Ironworking) (Reg Plan Seq. No. 68).    1218-AA65 
2238        Prevention of Work-Related Musculoskeletal Disorders (Reg Plan Seq. No. 69)...........    1218-AB36 
2239        Comprehensive Safety and Health Programs (for General Industry and Agriculture) (Reg                
            Plan Seq. No. 70).....................................................................    1218-AB41 
2240        Occupational Exposure to Hexavalent Chromium (Preventing Occupational Illness:                      
            Chromium) (Reg Plan Seq. No. 71)......................................................    1218-AB45 
2241        Occupational Exposure to Tuberculosis (Reg Plan Seq. No. 72)..........................    1218-AB46 
2242        General Working Conditions in Shipyards (Part 1915, Subpart F) (Phase II) (Shipyards:               
            General Working Conditions)...........................................................    1218-AB50 
2243        Permissible Exposure Limits (PELS) for Air Contaminants (Reg Plan Seq. No. 73)........    1218-AB54 
2244        Revision of Certain Standards Promulgated Under Section 6(a) of the Williams-Steiger                
            Occupational Safety and Health Act of 1970 (Reg Plan Seq. No. 74).....................    1218-AB55 
2245        Flammable and Combustible Liquids.....................................................   1218-AB61  
----------------------------------------------------------------------------------------------------------------
References in boldface appear in the Regulatory Plan in Part II of this issue of the Federal Register.          


                         Occupational Safety and Health Administration--Final Rule Stage                        
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation 
 Sequence                                           Title                                            Identifier 
  Number                                                                                               Number   
----------------------------------------------------------------------------------------------------------------
2246        Respiratory Protection (Proper Use of Modern Respirators).............................    1218-AA05 
2247        Safety and Health Regulations for Longshoring (Part 1918) and Marine Terminals (Part                
            1917) (Shipyards: Protecting Longshoring Workers).....................................    1218-AA56 
2248        Scaffolds in Shipyards (Part 1915--Subpart N) (Phase I) (Shipyards: Safer Scaffolds)..    1218-AA68 
2249        Access and Egress in Shipyards (Part 1915, Subpart E) (Phase I) (Shipyards: Emergency               
            Exits and Aisles).....................................................................    1218-AA70 
2250        Glycol Ethers: 2-Methoxyethanol, 2-Ethoxyethanol, and Their Acetates: Protecting                    
            Reproductive Health...................................................................    1218-AA84 
2251        Methylene Chloride (Preventing Occupational Illnesses: Methylene Chloride)............    1218-AA98 
2252        Walking Working Surfaces and Personal Fall Protection Systems (Part 1910) (Slips,                   
            Trips, and Fall Prevention) (Reg Plan Seq. No. 75)....................................    1218-AB04 
2253        Recording and Reporting Occupational Injuries and Illnesses (Simplified Injury/Illness              
            Recordkeeping Requirements) (Reg Plan Seq. No. 76)....................................    1218-AB24 
2254        Powered Industrial Truck Operator Training (Industrial Truck Safety Training).........    1218-AB33 
2255        Abatement Verification (Hazard Correction)............................................    1218-AB40 
2256        Permit Required Confined Spaces (General Industry: Preventing Suffocation/ Explosions               
            in Confined Spaces)...................................................................    1218-AB52 
2257        Eliminating and Improving Regulations.................................................   1218-AB53  
----------------------------------------------------------------------------------------------------------------
References in boldface appear in the Regulatory Plan in Part II of this issue of the Federal Register.          


[[Page 62754]]


                        Occupational Safety and Health Administration--Long-Term Actions                        
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation 
 Sequence                                           Title                                            Identifier 
  Number                                                                                               Number   
----------------------------------------------------------------------------------------------------------------
2258        Accreditation of Training Programs for Hazardous Waste Operations (Part 1910).........    1218-AB27 
2259        Control of Hazardous Energy (Lockout)--Construction (Part 1926) (Preventing                         
            Construction Injuries/Fatalities: Lockout)............................................    1218-AB30 
2260        Indoor Air Quality in the Workplace...................................................    1218-AB37 
2261        Confined Spaces for Construction (Part 1926) (Construction: Preventing Suffocation/                 
            Explosions in Confined Spaces)........................................................    1218-AB47 
2262        Fire Protection in Shipyard Employment (Part 1915, Subpart P) (Phase II) (Shipyards:                
            Fire Safety)..........................................................................    1218-AB51 
2263        Nationally Recognized Programs Testing Labs: Fees.....................................    1218-AB57 
----------------------------------------------------------------------------------------------------------------


                        Occupational Safety and Health Administration--Completed Actions                        
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation 
 Sequence                                           Title                                            Identifier 
  Number                                                                                               Number   
----------------------------------------------------------------------------------------------------------------
2264        Scaffolds (Part 1926) (Construction: Scaffolds Used in the Construction Industry).....    1218-AA40 
2265        Personal Protective Equipment in Shipyards (Part 1915) (Shipyards: Goggles, Gloves,                 
            and Other PPE)........................................................................    1218-AA74 
2266        1,3-Butadiene (Preventing Occupational Illness: Butadiene)............................    1218-AA83 
----------------------------------------------------------------------------------------------------------------

_______________________________________________________________________


DEPARTMENT OF LABOR (DOL)                              Final Rule Stage


Office of the Secretary (OS)



_______________________________________________________________________




2148.  SUPPLEMENTAL STANDARDS OF ETHICAL CONDUCT FOR EMPLOYEES 
OF THE DEPARTMENT OF LABOR

Priority:  Info./Admin./Other

Legal Authority:  5 USC 301; 5 USC 7301; 5 USC 7353; 5 USC App. (Ethics 
in Government Act); EO 12674; 18 USC 208

CFR Citation:  5 CFR 5201; 29 CFR 0; 3 CFR 1989 Comp; 5 CFR 2634; 5 CFR 
2635; 3 CFR 1990

Legal Deadline: None

Abstract: The Department of Labor is developing a rule for its 
employees that supplements the Standards of Ethical Conduct for 
Employees of the Executive Branch issued by the Office of Government 
Ethics (OGE). The rule would designate certain components of the 
Department as separate agencies for the purposes of provisions in the 
Executive Branch-wide standards regarding gifts from outside sources, 
the receipt of compensation for teaching, speaking, or writing, and 
fundraising in a personal capacity. The rule would also restrict the 
outside financial interests for employees of the Mine Safety and Health 
Administration and require approval of outside employment for employees 
of the Office of Inspector General It repeals existing regulations 
governing outside employment and financial interests. Issuance of this 
rule would require OGE concurrence.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              12/00/96
Final Action                    04/00/97
Final Action Effective          04/00/97

Small Entities Affected: None

Government Levels Affected: Federal

Agency Contact: Robert Shapiro, Associate Solicitor for Legislation 
and, Legal Counsel, Department of Labor, Office of the Secretary, 200 
Constitution Avenue NW., Room N2428, FP Building, Washington, DC 20210
Phone: 202 219-8201
Fax: 202 219-6896

RIN: 1290-AA15
_______________________________________________________________________


DEPARTMENT OF LABOR (DOL)                             Long-Term Actions


Office of the Secretary (OS)



_______________________________________________________________________




2149. COORDINATED ENFORCEMENT OF FARM LABOR PROTECTIVE STATUTES

Priority:  Info./Admin./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

[[Page 62755]]

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 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)                           Proposed Rule Stage


Employment Standards Administration (ESA)



_______________________________________________________________________




2150. CHILD LABOR REGULATIONS, ORDERS, AND STATEMENTS OF INTERPRETATION 
(ESA/W-H)

Regulatory Plan:  This entry is Seq. No. 55 in Part II of this issue of 
the Federal Register.

RIN: 1215-AA09
_______________________________________________________________________




2151. DEFINING AND DELIMITING THE TERM ``ANY EMPLOYEE EMPLOYED IN A BONA 
FIDE EXECUTIVE, ADMINISTRATIVE, OR PROFESSIONAL CAPACITY'' (ESA/W-H)

Regulatory Plan:  This entry is Seq. No. 56 in Part II of this issue of 
the Federal Register.

RIN: 1215-AA14
_______________________________________________________________________




2152. 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))                       05/01/96                    61 FR 19336
NPRM                            09/24/96                    61 FR 50079
NPRM Comment Period End         11/25/96
Final Action                    04/00/97

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 
NW., Room C3325, FP Building, Washington, DC 20210
Phone: 202 219-9475

RIN: 1215-AA62
_______________________________________________________________________




2153. PROCEDURES FOR PREDETERMINATION OF WAGE RATES (29 CFR PART 1) AND 
LABOR STANDARDS PROVISIONS APPLICABLE TO CONTRACTS COVERING FEDERALLY 
FINANCED AND ASSISTED CONSTRUCTION (29 CFR PART 5)

Regulatory Plan:  This entry is Seq. No. 57 in Part II of this issue of 
the Federal Register.

RIN: 1215-AA94

[[Page 62756]]

_______________________________________________________________________




2154. 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 
Walsh-Healey Public Contracts Act (PCA) to eliminate the requirements 
that contractors on covered contracts be either manufacturers or 
regular dealers in the items to be supplied under the contract but 
retains the Secretary of Labor's authority to define the terms 
``regular dealer'' and ``manufacturer.''

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            09/07/95                    60 FR 46553
NPRM Comment Period End         10/10/95
Final Walsh-Healy/CWHSSA Rule   08/05/96                    61 FR 40714
NPRM Second                     11/00/96

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
_______________________________________________________________________




2155. 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 during the informal 
conference; streamline the litigation process by encouraging the early 
development and submission of evidence; 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.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            12/00/96

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
_______________________________________________________________________




2156. 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                            06/00/97

Small Entities Affected: None

Government Levels Affected: State, Local, Federal

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

[[Page 62757]]

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

RIN: 1215-AB03
_______________________________________________________________________




2157. ASSESSMENT AND COLLECTION OF USER FEES

Priority:  Info./Admin./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 registration under the Migrant and Seasonal Agricultural Worker 
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                            12/00/96

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
_______________________________________________________________________




2158. 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                            12/00/96
NPRM Comment Period End         03/00/97
Final Action                    05/00/97

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
_______________________________________________________________________




2159. MINIMUM WAGES IN AMERICAN SAMOA

Priority:  Info./Admin./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                            11/00/96

Small Entities Affected: None

Government Levels Affected: State, Local, Federal

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

RIN: 1215-AB08
_______________________________________________________________________




2160. EMPLOYMENT OF STUDENT-LEARNERS, APPRENTICES, LEARNERS, MESSENGERS, 
AND STUDENT WORKERS UNDER SECTION 14 OF THE FAIR LABOR STANDARDS ACT

Priority:  Info./Admin./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

[[Page 62758]]

Legal Deadline: None

Abstract: Section 14(a) of the Fair Labor Standards Act provides that 
the Secretary of Labor shall by regulations 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                            11/00/96

Small Entities Affected: None

Government Levels Affected: State, Local, Federal

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

RIN: 1215-AB10
_______________________________________________________________________




2161.  EXEMPTIONS APPLICABLE TO AGRICULTURE, PROCESSING OF 
AGRICULTURAL COMMODITIES, AND RELATED SUBJECTS UNDER THE FAIR LABOR 
STANDARDS ACT

Priority:  Info./Admin./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 201 et seq

CFR Citation:  29 CFR 780

Legal Deadline: None

Abstract: This regulation interprets various exemptions applicable to 
employees in agriculture, processing of agricultural commodities, and 
related issues under the Fair Labor Standards Act (FLSA). The 
regulation has been targeted for updating and streamlining as part of 
the Department's regulatory reinvention initiative.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            03/00/97

Small Entities Affected: None

Government Levels Affected: State, Federal

Agency Contact: Maria Echaveste, Administrator, Wage and Hour Division, 
Department of Labor, Employment Standards Administration, 200 
Constitution Avenue NW., Room S-3502, FP Building, Washington, DC 20210
Phone: 202 219-8305
Fax: 202 219-5122

RIN: 1215-AB11
_______________________________________________________________________




2162.  MISCELLANEOUS EXEMPTIONS UNDER THE FAIR LABOR STANDARDS 
ACT

Priority:  Info./Admin./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 201 et seq

CFR Citation:  29 CFR 551; 29 CFR 783; 29 CFR 784; 29 CFR 786; 29 CFR 
788; 29 CFR 793; 29 CFR 794

Legal Deadline: None

Abstract: Each of the following CFR parts issued under the Fair Labor 
Standards Act (FLSA) provides guidance to employers on the requirements 
for exemption from minimum wage or overtime based on particular 
statutory provisions: 551, local delivery drivers and helpers, wage 
payment plans; 783, Application of the FLSA to employees employed as 
seamen; 784, Provisions of the FLSA applicable to fishing and 
operations on aquatic products; 786, Miscellaneous exemptions; 788, 
Forestry or logging operations in which not more than eight employees 
are employed; 793, Exemption of certain radio and television station 
employees from overtime pay requirements under section 13(b)(9) of the 
FLSA; and, 794, Partial overtime exemption for employees of wholesale 
or bulk petroleum distributors under section 7(b)(3) of the FLSA. 
Employers meeting the specified criteria may be exempt from FLSA's 
minimum wage or overtime pay requirements. The guidance under this 
miscellany of exemptions will be consolidated and streamlined into a 
single regulation to eliminate separate CFR parts and unnecessary pages 
of CFR text.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            09/00/97

Small Entities Affected: None

Government Levels Affected: State, Federal

Agency Contact: Maria Echaveste, Administrator, Wage and Hour Division, 
Department of Labor, Employment Standards Administration, 200 
Constitution Avenue NW., Room S-3502, FP Building, Washington, DC 20210
Phone: 202 219-8305
Fax: 202 219-5122

RIN: 1215-AB12
_______________________________________________________________________




2163.  IMPLEMENTATION OF THE 1996 AMENDMENTS TO THE FAIR LABOR 
STANDARDS ACT

Priority:  Other Significant

Legal Authority:  PL 104-188, sec 2101 to 2105; 29 USC 201 et seq

CFR Citation:  29 CFR 4; 29 CFR 531; 29 CFR 541; 29 CFR 778; 29 CFR 
785; 29 CFR 790; 29 CFR 870; 41 CFR 50-202

Legal Deadline: None

Abstract: The ``Small Business Job Protection Act of 1996'' (H.R. 3448) 
was enacted on August 20, 1996, as Public Law 104-188. Title II of this 
enactment amended the Portal-to-Portal Act (PA) and the Fair Labor 
Standards Act (FLSA). The PA amendment excludes (under certain 
circumstances) from compensable ``hours worked'' the time spent by an 
employee in home-to-work travel in an employer-provided vehicle. The 
FLSA amendments: (1) increase the $4.25 Federal minimum hourly wage by 
$.90 in two steps over the next two years (i.e., to $4.75 on October 1, 
1996, and to $5.15 on September 1, 1997); (2) provide a $4.25 
subminimum wage for youth under age 20 in their first 90 calendar days 
of employment with an employer; (3) set the employer's direct wage 
payment obligation for tipped employees at $2.13 per hour (provided 
such employees receive the balance of the full minimum wage in tips); 
and (4) set the hourly compensation requirements at not less

[[Page 62759]]

than $27.63 per hour for certain exempt professional employees in 
computer-related occupations. Changes will be required in the 
regulations to reflect these amendments.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            11/00/96

Small Entities Affected: None

Government Levels Affected: State, Local, Federal

Agency Contact: Maria Echaveste, Administrator, Wage and Hour Division, 
Department of Labor, Employment Standards Administration, 200 
Constitution Avenue NW., Room S-3502, FP Building, Washington, DC 20210
Phone: 202 219-8305
Fax: 202 219-5122

RIN: 1215-AB13
_______________________________________________________________________


DEPARTMENT OF LABOR (DOL)                              Final Rule Stage


Employment Standards Administration (ESA)



_______________________________________________________________________




2164. GOVERNMENT CONTRACTORS: NONDISCRIMINATION AND AFFIRMATIVE ACTION 
OBLIGATIONS (ESA/OFCCP) (SECTION 610 REVIEW)

Regulatory Plan:  This entry is Seq. No. 58 in Part II of this issue of 
the Federal Register.

RIN: 1215-AA01
_______________________________________________________________________




2165. LABOR STANDARDS FOR FEDERAL SERVICE CONTRACTS

Priority:  Economically Significant. Major status under 5 USC 801 is 
undetermined.

Unfunded Mandates: Undetermined

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. A notice of proposed rulemaking 
invited comments on alternatives for developing an appropriate SCA 
fringe benefit determination procedure.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            05/02/96                    61 FR 19770
NPRM Comment Period End         07/01/96
Regulatory Impact Analysis      10/25/96                    61 FR 55239
Final Action                    12/00/96

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
_______________________________________________________________________




2166. APPLICATION OF THE FAIR LABOR STANDARDS ACT TO DOMESTIC SERVICE

Priority:  Substantive, Nonsignificant

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

CFR Citation:  29 CFR 552

Legal Deadline: None

Abstract: Section 13(a)(15) of the Fair Labor Standards Act (FLSA) 
provides an exemption from minimum wage and overtime compensation for 
domestic service employees engaged in providing companionship services. 
Section 13(b)(21) of the FLSA provides an exemption from overtime 
compensation for live-in domestic service employees. DOL proposed 
certain technical amendments to update the regulations, 29 CFR Part 
552, Application of the Fair Labor Standards Act to Domestic Service, 
and to clarify that these exemptions are applicable to third-party 
employers or temporary help agencies only where the domestic service 
worker is jointly employed by the third-party employer or temporary 
help agency and the family or household using their services. (58 FR 
69310) After reviewing the public comments, the Department adopted 
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 reopened the 
public comment period 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
Final Rule                      09/08/95                    60 FR 46766
Final Action                    12/00/96

Small Entities Affected: None

Government Levels Affected: State, Local, Federal

Agency Contact: Maria Echaveste, Administrator, Wage and Hour Division, 
Department of Labor,

[[Page 62760]]

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
_______________________________________________________________________




2167. 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                    12/00/96

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-AA83
_______________________________________________________________________




2168. 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: 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 
NW., Room C3325, FP Building, Washington, DC 20210
Phone: 202 219-9475

RIN: 1215-AA84
_______________________________________________________________________




2169. MIGRANT AND SEASONAL AGRICULTURAL WORKER PROTECTION (29 CFR PART 
500)

Regulatory Plan:  This entry is Seq. No. 59 in Part II of this issue of 
the Federal Register.

RIN: 1215-AA93
_______________________________________________________________________




2170. EXECUTIVE ORDER 12933 OF OCTOBER 20, 1994, ``NONDISPLACEMENT OF 
QUALIFIED WORKERS UNDER CERTAIN CONDITIONS''

Priority:  Other Significant

Legal Authority:  EO 12933

CFR Citation:  29 CFR 9

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

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

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            07/18/95                    60 FR 36756
NPRM Comment Period End         09/01/95
Final Action                    11/00/96

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
_______________________________________________________________________




2171. 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

[[Page 62761]]

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                    01/00/97

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)



_______________________________________________________________________




2172. 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: None

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
_______________________________________________________________________




2173. 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, Div. of Interpretations and 
Standards, Office of Labor-Management Standards, Department of Labor, 
Employment Standards Administration, 200 Constitution Avenue NW., Room 
N5605, FP Building, Washington, DC 20210
Phone: 202 219-7373
Fax: 202 219-6459

RIN: 1215-AB14

[[Page 62762]]

_______________________________________________________________________


DEPARTMENT OF LABOR (DOL)                             Completed Actions


Employment Standards Administration (ESA)



_______________________________________________________________________




2174. 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 revised 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                    05/01/96                    61 FR 19336
Final Action Effective          08/29/96

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 
NW., Room C3325, FP Building, Washington, DC 20210
Phone: 202 219-9475

RIN: 1215-AA76
_______________________________________________________________________




2175. 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                    09/05/96                    61 FR 46988
Final Action Effective          10/07/96

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
_______________________________________________________________________




2176.  PERMANENT REPLACEMENT OF LAWFULLY STRIKING EMPLOYEES BY 
FEDERAL CONTRACTORS

Priority:  Substantive, Nonsignificant

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

Legal Authority:  EO 12954

CFR Citation:  29 CFR 270

Legal Deadline: None

Abstract: This final rule removes 29 CFR 270, which implemented EO 
12954, because court decisions have voided EO 12954.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Final Action                    10/03/96                    61 FR 51596
Final Action Effective          10/03/96

Small Entities Affected: None

Government Levels Affected: None

Agency Contact: Kay H. Oshel, Chief, Division of Interpretations and 
Standards, Department of Labor, Employment Standards Administration, 
200 Constitution Avenue NW., Room N-5605, FP Building, Washington, DC 
20210
Phone: 202 219-7373
Fax: 202 219-6459

RIN: 1215-AB15
_______________________________________________________________________


DEPARTMENT OF LABOR (DOL)                           Proposed Rule Stage


Employment and Training Administration (ETA)



_______________________________________________________________________




2177. 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

[[Page 62763]]

aspect of the employee protection provisions. In 1991 the DOT 
determined there were no job losses due to deregulation. In September 
1993, the U.S. District Court for the District of Columbia ordered the 
DOT to develop broader guidelines to apply to the air carriers, which 
may result in a finding of job losses due to deregulation. The 
Department has reinitiated clearance on the proposed rule. No benefits 
are payable to eligible workers until the Department of Transportation 
certifies that an air carrier has experienced a qualifying dislocation 
after applying broader guidelines consistent with the court's order and 
Congress appropriates the money to award the benefits. Neither of these 
two events have occurred.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            03/00/97
NPRM Comment Period End         05/00/97
Final Action                    11/00/97

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: Betty Castillo, Chief, Division of Program Development 
and Implementation, Department of Labor, Employment and Training 
Administration, 200 Constitution Avenue NW., Room S4516, FP Bldg., 
Washington, DC 20210
Phone: 202 219-5626

RIN: 1205-AA07
_______________________________________________________________________




2178. LABOR CERTIFICATION PROCESS FOR THE PERMANENT EMPLOYMENT OF ALIENS 
IN THE UNITED STATES

Regulatory Plan:  This entry is Seq. No. 60 in Part II of this issue of 
the Federal Register.

RIN: 1205-AA66
_______________________________________________________________________




2179. JOB TRAINING PARTNERSHIP ACT: INDIAN AND NATIVE AMERICAN PROGRAMS

Priority:  Other Significant. Major status under 5 USC 801 is 
undetermined.

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. This rule would implement 
changes made by the 1992 amendments to JTPA.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            04/00/97
NPRM Comment Period End         06/00/97
Final Action                    12/00/97

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
_______________________________________________________________________




2180. JOB TRAINING PARTNERSHIP ACT: MIGRANT AND SEASONAL FARMWORKER 
PROGRAMS

Priority:  Other Significant. Major status under 5 USC 801 is 
undetermined.

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                            04/00/97
NPRM Comment Period End         06/00/97
Final Action                    12/00/97

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
_______________________________________________________________________




2181. 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

[[Page 62764]]

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 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                            01/00/97
Second Interim Final Rule       02/00/97
NPRM Comment Period End         03/00/97
Final Action                    09/00/97

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: 202 219-5626

RIN: 1205-AB02
_______________________________________________________________________




2182. 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); 42 
USC 1302

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                            12/00/96
NPRM Comment Period End         03/00/97

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: 202 219-5200
Fax: 202 219-8506

RIN: 1205-AB10
_______________________________________________________________________


DEPARTMENT OF LABOR (DOL)                              Final Rule Stage


Employment and Training Administration (ETA)



_______________________________________________________________________




2183. TRADE ADJUSTMENT ASSISTANCE FOR WORKERS--IMPLEMENTATION OF 1988 
AMENDMENTS

Priority:  Other Significant. Major status under 5 USC 801 is 
undetermined.

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                    05/00/97

Small Entities Affected: None

Government Levels Affected: None

Agency Contact: Russ Kile, 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
_______________________________________________________________________




2184. TRADE ADJUSTMENT ASSISTANCE FOR WORKERS--TRANSITIONAL ADJUSTMENT 
ASSISTANCE NAFTA-TAA

Priority:  Other Significant. Major status under 5 USC 801 is 
undetermined.

Legal Authority:  PL 103-182 title V

CFR Citation:  20 CFR 617

Legal Deadline: None

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.

[[Page 62765]]

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                    05/00/97

Small Entities Affected: None

Government Levels Affected: None

Agency Contact: Russ Kile, 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
_______________________________________________________________________




2185. LABOR CERTIFICATION PROCESS FOR THE PERMANENT EMPLOYMENT OF 
ALIENS; RESEARCHERS EMPLOYED BY COLLEGES AND UNIVERSITIES

Priority:  Other Significant. Major status under 5 USC 801 is 
undetermined.

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                            04/22/96                    61 FR 17610
NPRM Comment Period End         05/22/96
Final Action                    12/00/96

Small Entities Affected: None

Government Levels Affected: None

Agency Contact: John Beverly, 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
_______________________________________________________________________


DEPARTMENT OF LABOR (DOL)                             Long-Term Actions


Employment and Training Administration (ETA)



_______________________________________________________________________




2186. 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, Director, U.S. Employment Service, 
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
_______________________________________________________________________




2187. AMENDMENTS TO THE LABOR CERTIFICATION PROCESS FOR TEMPORARY 
AGRICULTURAL EMPLOYMENT IN THE UNITED STATES (H-2A)

Priority:  Other Significant. Major status under 5 USC 801 is 
undetermined.

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: Next Action Undetermined

Small Entities Affected: None

Government Levels Affected: State, Federal

Agency Contact: James Norris, 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

[[Page 62766]]

_______________________________________________________________________


DEPARTMENT OF LABOR (DOL)                             Completed Actions


Employment and Training Administration (ETA)



_______________________________________________________________________




2188. ATTESTATIONS BY EMPLOYERS USING ALIEN CREWMEMBERS FOR LONGSHORE 
ACTIVITIES IN U.S. PORTS, THE ALASKA EXCEPTION

Priority:  Other Significant. Major status under 5 USC 801 is 
undetermined.

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

CFR Citation:  20 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                    09/05/96                    61 FR 46988
Final Action Effective          10/07/96

Small Entities Affected: None

Government Levels Affected: Federal

Agency Contact: John R. Beverly, 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

RIN: 1205-AB03
_______________________________________________________________________




2189.  WORK INCENTIVE (WIN) PROGRAMS FOR AFDC RECIPIENTS, 
REMOVAL OF OBSOLETE WORK PROGRAM REGULATIONS

Priority:  Other Significant

Legal Authority:  PL 100-485

CFR Citation:  29 CFR 56

Legal Deadline: None

Abstract: The Department of Labor is removing obsolete provisions from 
the Code of Federal Regulations. These provisions involve work program 
activities under the Work Incentive (WIN) Programs, which were 
superseded when State Welfare agencies began their Job Opportunities 
and Basic Skills Programs in 1989-1990. Nationwide, these programs were 
repealed as of October 1, 1990. Thus, the regulations which governed 
these programs are obsolete.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Final Action                    06/28/96                    61 FR 33658
Final Action Effective          06/28/96

Small Entities Affected: None

Government Levels Affected: None

Agency Contact: Terence Finegan, Director, Division of Policy, 
Legislation, and Dissemination, Department of Labor, Employment and 
Training Administration, 200 Constitution Avenue NW., Room N5637, FP 
Building, Washington, DC 20210
Phone: 202 219-7669

RIN: 1205-AB12
_______________________________________________________________________




2190.  REMOVAL OF DUPLICATIVE REGULATIONS GOVERNING THE H-1A 
NURSES LABOR ATTESTATION PROGRAM, THE D-1 FOREIGN MARITIME CREWMEMBERS 
PROGRAM, THE H-1B NONIMMIGRANT LABOR CONDITION, AND F-1 STUDENTS

Priority:  Substantive, Nonsignificant

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

Legal Authority:  PL 101-238; PL 103-182; PL 102-232; PL 101-649

CFR Citation:  29 CFR 504; 29 CFR 506; 29 CFR 507; 29 CFR 508

Legal Deadline: None

Abstract: The Department of Labor is removing duplicative regulations 
from the Code of Federal Regulations.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Final Action                    09/30/96                    61 FR 51013
Final Action Effective          10/30/96

Small Entities Affected: None

Government Levels Affected: None

Agency Contact: Terrence Finegan, Director, Division of Policy, 
Legislation, and Dissemination, Department of Labor, Employment and 
Training Administration, 200 Constitution Avenue NW., Room N-5637, FP 
Building, Washington, DC 20210
Phone: 202 219-7664

RIN: 1205-AB13
_______________________________________________________________________


DEPARTMENT OF LABOR (DOL)                                 Prerule Stage


Pension and Welfare Benefits Administration (PWBA)



_______________________________________________________________________




2191.  ENFORCEMENT POLICY ON AICPA SOP 92-6

Priority:  Other Significant

Legal Authority:  29 USC 1021; 29 USC 1023; 29 USC 1024; 29 USC 1026; 
29 USC 1027; 29 USC 1029; 29 USC 1030; 29 USC 1135

CFR Citation:  Not yet determined

Legal Deadline: None

Abstract: The Department has received requests not to reject 
multiemployer welfare plan annual reports (Form 5500) or assess civil 
Penalties solely because the opinion of an independent qualified public 
accountant, that is required to be included with the Form 5500, either 
is adverse or qualified due to a failure to comply with the American 
Institute of Certified Public Accountants (AICPA) Statement of Position 
92-6 (SOP 92-6). Under SOP 92-6, the AICPA has modified generally 
accepted accounting principles to require health and other welfare 
plans to calculate and disclose as part of their financial statements 
the present value of their future post-retirement obligations. The 
Department has decided to invite public comment on the burdens, costs 
and benefits of accounting for post-retirement welfare benefit 
obligations in accordance with SOP 92-6 prior to adopting a formal 
position on this matter for 1997 and future plan years.

[[Page 62767]]

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Request for Comments            11/00/96

Small Entities Affected: Undetermined

Government Levels Affected: None

Agency Contact: Eric A. Raps, Pension Law Specialist, Department of 
Labor, Pension and Welfare Benefits Administration, 200 Constitution 
Avenue NW., Room N-5669, FP Building, Washington, DC 20210
Phone: 202 219-8515

RIN: 1210-AA57
_______________________________________________________________________


DEPARTMENT OF LABOR (DOL)                           Proposed Rule Stage


Pension and Welfare Benefits Administration (PWBA)



_______________________________________________________________________




2192. QUALIFIED DOMESTIC RELATIONS ORDERS

Priority:  Substantive, Nonsignificant. Major status under 5 USC 801 is 
undetermined.

Unfunded Mandates: Undetermined

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                     59 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
_______________________________________________________________________




2193. REVISION OF THE FORM 5500 SERIES AND IMPLEMENTING AND RELATED 
REGULATIONS UNDER THE EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974 
(ERISA)

Regulatory Plan:  This entry is Seq. No. 61 in Part II of this issue of 
the Federal Register.

RIN: 1210-AA52
_______________________________________________________________________




2194.  LIMITATION OF LIABILITY FOR INSURERS AND OTHERS UNDER 
PART 4 OF TITLE I OF ERISA AND SECTION 4975 OF THE INTERNAL REVENUE CODE

Priority:  Other Significant. Major status under 5 USC 801 is 
undetermined.

Unfunded Mandates: Undetermined

Legal Authority:  PL 104-188, Sec 1460; 29 USC 1101(c)(1); 29 USC 1135; 
29 USC 1021

CFR Citation:  29 CFR 2550.401(c); 29 CFR 2510.3-101

Legal Deadline:  NPRM, Statutory, June 30, 1997. Final, Statutory, 
December 30, 1997. Other, Statutory, September 30, 1997.
The public comment period must close on September 30, 1997. The statute 
also specifies that June 30, 1997 is the latest date as to which the 
regulation shall take effect (Cont in Add'l Info)

Abstract: Section 1460 of the Small Business Job Protection Act of 1991 
(Public Law 104-188) amended ERISA Section 401 to limit the liability 
of insurers and others under Part 4 of Title I of ERISA and Section 
4975 of the Internal Revenue Code with regard to certain claims 
concerning policies or contracts issued to or for the benefit of 
employee benefit plans which are supported by assets in the insurers' 
general accounts. New subsection 401(c) specified the timetable by 
which the Secretary must issue regulatory guidance concerning this 
provision.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            06/00/97
NPRM Comment Period End         09/00/97

Small Entities Affected: Undetermined

Government Levels Affected: None

Additional Information: LEGAL DEADLINE (CONT): and that the regulation 
shall not take effect until 18 months after it becomes final.

Agency Contact: Ivan L. Strasfeld, Director of Exemption Determination, 
Department of Labor, Pension and Welfare Benefits Administration, 200 
Constitution Avenue NW., Room N5649, FP Building, Washington, DC 20210
Phone: 202 219-8194
Fax: 202 219-7291

RIN: 1210-AA58

[[Page 62768]]

_______________________________________________________________________


DEPARTMENT OF LABOR (DOL)                              Final Rule Stage


Pension and Welfare Benefits Administration (PWBA)



_______________________________________________________________________




2195.  REGULATIONS IMPLEMENTING THE HEALTH CARE ACCESS, 
PORTABILITY AND RENEWABILITY PROVISION OF THE HEALTH INSURANCE 
PORTABILITY AND ACCOUNTABILITY ACT OF 1996

Regulatory Plan:  This entry is Seq. No. 62 in Part II of this issue of 
the Federal Register.

RIN: 1210-AA54
_______________________________________________________________________




2196.  AMENDMENT OF SUMMARY PLAN DESCRIPTION AND RELATED ERISA 
REGULATIONS TO IMPLEMENT STATUTORY CHANGES IN THE HEALTH INSURANCE 
PORTABILITY AND ACCOUNTABILITY ACT OF 1996

Regulatory Plan:  This entry is Seq. No. 63 in Part II of this issue of 
the Federal Register.

RIN: 1210-AA55
_______________________________________________________________________




2197.  CIVIL MONETARY PENALTY ADJUSTMENT REGULATION

Priority:  Info./Admin./Other

Unfunded Mandates: Undetermined
Major: Undetermined

Legal Authority:  PL 104-134 section 3720E; 29 USC 1135; 29 USC 
1132(c)(1)(A); 29 USC 1132(c)(1)(B); 29 USC 1132(c)(2); 29 USC 
1132(c)(3); 29 USC 1132(c)(4); 29 USC 1059(b)

CFR Citation:  Not yet determined

Legal Deadline:  Final, Statutory, October 23, 1996.

Abstract: Section 3720E of the Debt Collection Improvement Act of 1996 
(PL 104-134) provides that the head of each agency shall not later than 
180 days after enactment and at least once every 4 years thereafter by 
regulation adjust each civil monetary penalty administered by the 
agency by the inflation adjustment described in the Act. The first 
penalty adjustment is required by October 23, 1996.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Final Action                    11/00/96

Small Entities Affected: Undetermined

Government Levels Affected: Undetermined

Agency Contact: Rudy Nuissl, Supervisory Pension Law Specialist, 
Department of Labor, Pension and Welfare Benefits Administration, 200 
Constitution Avenue NW., Room N-5669, FP Building, Washington, DC 20210
Phone: 202 219-7961
Fax: 202 219-7291

RIN: 1210-AA56
_______________________________________________________________________


DEPARTMENT OF LABOR (DOL)                             Long-Term Actions


Pension and Welfare Benefits Administration (PWBA)



_______________________________________________________________________




2198. ADEQUATE CONSIDERATION

Priority:  Other Significant. Major status under 5 USC 801 is 
undetermined.

Unfunded Mandates: Undetermined

Legal Authority:  29 USC 1002(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
_______________________________________________________________________




2199. CIVIL PENALTIES UNDER ERISA SECTION 502(L)

Priority:  Other Significant. Major status under 5 USC 801 is 
undetermined.

Unfunded Mandates: Undetermined

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
_______________________________________________________________________




2200. REPORTING AND DISCLOSURE UNDER THE EMPLOYEE RETIREMENT INCOME 
SECURITY ACT OF 1974

Priority:  Other Significant. Major status under 5 USC 801 is 
undetermined.

Unfunded Mandates: Undetermined
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 62769]]

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
_______________________________________________________________________




2201. 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                    12/00/97

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
_______________________________________________________________________


DEPARTMENT OF LABOR (DOL)                             Completed Actions


Pension and Welfare Benefits Administration (PWBA)



_______________________________________________________________________




2202. 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 beneficiaries will not give rise to fiduciary liability under 
ERISA.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Final Action                    06/11/96                    61 FR 29586

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
_______________________________________________________________________




2203. REMOVAL OF OBSOLETE REGULATIONS AND INTERPRETIVE BULLETINS

Priority:  Info./Admin./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

[[Page 62770]]

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
Final Action                    07/01/96                    61 FR 33847
Final Action Effective          07/01/96

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
_______________________________________________________________________




2204. 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                    60 FR 66036
Final Action                    08/07/96                    61 FR 41220
Final Action Effective          02/03/97

Small Entities Affected: Businesses

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)                             Completed Actions


Office of the American Workplace (OAW)



_______________________________________________________________________




2205. REPORTING BY LABOR RELATIONS CONSULTANTS AND OTHER PERSONS

Completed:
________________________________________________________________________

Reason                            Date                      FR Cite

________________________________________________________________________

Transfer Development to RIN 
1215-AB14                       11/19/96

RIN: 1294-AA12
_______________________________________________________________________


DEPARTMENT OF LABOR (DOL)                                 Prerule Stage


Mine Safety and Health Administration (MSHA)



_______________________________________________________________________




2206. ADVISORY COMMITTEE ON THE ELIMINATION OF PNEUMOCONIOSIS AMONG COAL 
MINERS

Regulatory Plan:  This entry is Seq. No. 64 in Part II of this issue of 
the Federal Register.

RIN: 1219-AA81
_______________________________________________________________________




2207. SAFETY STANDARDS FOR THE USE OF ROOF BOLTING MACHINES

Priority:  Other Significant

Legal Authority:  30 USC 811

CFR Citation:  30 CFR 57; 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.

[[Page 62771]]

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           01/00/97

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
_______________________________________________________________________




2208.  TRAINING AND RETRAINING OF MINERS (SECTION 610 REVIEW)

Priority:  Substantive, Nonsignificant

Unfunded Mandates: This action may affect State, local or tribal 
governments and the private sector.

Legal Authority:  30 USC 811; 30 USC 825

CFR Citation:  30 CFR 48

Legal Deadline: None

Abstract: The Mine Act and 30 CFR part 48 require all mine operators to 
have approved training plans. Those plans set forth requirements for 
training miners. MSHA will review these training requirements as part 
of its Regulatory Flexibility review to determine if changes are 
appropriate.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Begin Review                    10/01/96
End Review                      09/00/97

Small Entities Affected: Businesses, Governmental Jurisdictions

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

RIN: 1219-AB02
_______________________________________________________________________


DEPARTMENT OF LABOR (DOL)                           Proposed Rule Stage


Mine Safety and Health Administration (MSHA)



_______________________________________________________________________




2209. NOISE STANDARD

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

RIN: 1219-AA53
_______________________________________________________________________




2210. DIESEL PARTICULATE

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

RIN: 1219-AA74
_______________________________________________________________________




2211. 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                            06/00/97

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
_______________________________________________________________________




2212. 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 may explore negotiated 
rulemaking to address this action.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            05/00/97

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

[[Page 62772]]

_______________________________________________________________________




2213. 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 different from underground bituminous 
coal mines. Mining methods in anthracite mines include minimal use of 
mechanized equipment, slow rate of advance into the coal seam, and 
pitching and undulating seams. Because of these differences, some mine 
operators find it difficult to comply with existing safety standards at 
their anthracite mines. These 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 over 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                            05/00/97

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
_______________________________________________________________________




2214. 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 1-199

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:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM - Phase 1 Removal of 30 CFR 
21 and 24                       08/30/96                    61 FR 45925
NPRM - Phase 2 Removal of 30 CFR 
26 and 29                       11/00/96
FINAL RULE - Phase 1 Removal of 
30 CFR 21 and 24                07/00/97
FINAL RULE - Phase 2 Removal of 
30 CFR 26 and 29                08/00/97

Small Entities Affected: Businesses

Government Levels Affected: None

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, Arlington, VA 22203
Phone: 703 235-1910

RIN: 1219-AA98
_______________________________________________________________________




2215. SAFETY STANDARDS FOR ROOF BOLTS IN METAL AND NONMETAL MINES AND 
UNDERGROUND COAL MINES

Priority:  Substantive, Nonsignificant

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 to reference 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                            12/00/96
Final Action                    09/00/97

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

[[Page 62773]]

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

RIN: 1219-AB00
_______________________________________________________________________




2216.  ELECTRICAL STANDARDS FOR METAL AND NONMETAL MINES

Priority:  Substantive, Nonsignificant

Legal Authority:  30 USC 811

CFR Citation:  30 CFR 56; 30 CFR 57

Legal Deadline: None

Abstract: This proposed rule would revise the Mine Safety and Health 
Administration (MSHA) safety standards for the grounding of circuits, 
equipment, and metal enclosures at surface and underground metal and 
nonmetal mines.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            04/00/97

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
Fax: 703 235-5551

RIN: 1219-AB01
_______________________________________________________________________


DEPARTMENT OF LABOR (DOL)                              Final Rule Stage


Mine Safety and Health Administration (MSHA)



_______________________________________________________________________




2217. 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                    08/00/97

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-AA47
_______________________________________________________________________




2218. 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 final rule would update permissible 
exposure limits (PELs) applicable to hazards encountered in metal and 
nonmetal and coal mines, revise requirements for exposure monitoring, 
improve precautions for handling restricted-use chemicals, provide for 
miner observation of monitoring, and establish provisions for medical 
surveillance and transfer of miners required to use respirators and 
miners exposed to certain carcinogens. At this point, MSHA is exploring 
issuing the final rule in phases. For example, one phase may address 
respiratory protection. MSHA also is considering alternatives which may 
address PELs applicable to some of the most serious hazards found in 
metal and nonmetal and coal mines. These phases expedite the rulemaking 
and provide for more immediate 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 Phase 2            01/00/97
Final Action Phase 3            09/00/97

Small Entities Affected: Businesses

Government Levels Affected: None

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

RIN: 1219-AA48
_______________________________________________________________________




2219. LONGWALL EQUIPMENT (INCLUDING HIGH-VOLTAGE)

Priority:  Other Significant

Reinventing Government: This rulemaking is part of the Reinventing

[[Page 62774]]

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.

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
Extension of Comment Period     11/14/95                    60 FR 57203
Comment Period Closed           12/18/95                    60 FR 57203
Final Action                    04/00/97

Small Entities Affected: None

Government Levels Affected: None

Additional Information: MSHA reopened the record on October 18, 1995. 
The comment period finally closed on December 18, 1995.

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
_______________________________________________________________________




2220. SINGLE-SHIFT SAMPLING NOTICE

Priority:  Other Significant

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

CFR Citation:  Not yet determined

Legal Deadline: None

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

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Notice of Coal Mine Respirable 
Dust Standard Noncompliance 
Determinations                  02/18/94                     59 FR 8356
Extension of Comment Period     04/08/94                    59 FR 16958
Public Hearing Notice           06/06/94                    59 FR 29348
Public Hearing Notice           07/07/94                    59 FR 34868
Extension of Comment Period     08/01/94                    59 FR 38988
Reopen Record                   03/12/96                    61 FR 10012
Final Action                    12/00/96

Small Entities Affected: Businesses

Government Levels Affected: Federal

Additional Information: MSHA reopened the record in March 1996, and 
held a public hearing in May 1996. The record closed on June 10, 1996. 
The agencies are reviewing the public comments received.

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
_______________________________________________________________________


DEPARTMENT OF LABOR (DOL)                             Long-Term Actions


Mine Safety and Health Administration (MSHA)



_______________________________________________________________________




2221. CONFINED SPACES

Priority:  Substantive, Nonsignificant

Legal Authority:  30 USC 811

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

Legal Deadline: None

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

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

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

Small Entities Affected: Businesses

[[Page 62775]]

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
_______________________________________________________________________




2222. 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
_______________________________________________________________________




2223. 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
_______________________________________________________________________




2224. INDEPENDENT LABORATORY TESTING

Priority:  Substantive, Nonsignificant

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

Legal Authority:  30 USC 957

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

Legal Deadline: None

Abstract: To ensure that only safe products are used in mines, MSHA 
sets approval requirements and tests products itself. This rulemaking 
would allow MSHA to accept testing of certain mine equipment performed 
by independent laboratories. It also would allow MSHA to approve 
products which satisfied alternative testing and evaluation 
requirements, provided that the alternative requirements were 
equivalent to MSHA's own, or could be enhanced to be equivalent. By 
reducing its testing activities, MSHA could direct more resources 
toward verifying that products in use have been manufactured in 
compliance with the relevant approval. This rulemaking is consistent 
with a recommendation of the National Performance Review.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

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

Small Entities Affected: Businesses

Government Levels Affected: Federal

Additional Information: Public hearing was held April 30, 1996. Comment 
period closed May 31, 1996.

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
_______________________________________________________________________




2225. 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, idled, 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.

[[Page 62776]]

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
_______________________________________________________________________




2226. 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 relevant 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
_______________________________________________________________________




2227. 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 initially explore non-regulatory options.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           00/00/00

Small Entities Affected: Businesses

Government Levels Affected: None

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

RIN: 1219-AA93
_______________________________________________________________________


DEPARTMENT OF LABOR (DOL)                             Completed Actions


Mine Safety and Health Administration (MSHA)



_______________________________________________________________________




2228. DIESEL-POWERED EQUIPMENT FOR 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; 30 USC 957

CFR Citation:  30 CFR 7; 30 CFR 70; 30 CFR 75; 30 CFR 31; 30 CFR 32; 30 
CFR 36

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.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            10/04/89                    54 FR 40950
NPRM Comment Period End         05/10/91                    56 FR 13404
Final Action - Removal of 30 CFR 
Parts 31 and 32                 10/25/96                    61 FR 55412

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

[[Page 62777]]

_______________________________________________________________________




2229. 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 addresses 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                    07/12/96                    61 FR 36790
Final Action Effective          09/10/96

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-AA84
_______________________________________________________________________




2230. FIRST-AID AT METAL AND NONMETAL MINES

Priority:  Substantive, Nonsignificant

Unfunded Mandates: Undetermined
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 final 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 final rule is 
consistent with a petition for rulemaking submitted to the Secretary by 
a large segment of the mining industry.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            10/27/95                    60 FR 55150
NPRM Comment Period End         12/11/95
Final Action                    09/26/96                    61 FR 50432
Final Action Effective          12/26/96

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
_______________________________________________________________________




2231. 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

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 notice is 
MSHA's response to the NIOSH criteria document.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Notice - NPRM Deferred Combined 
with 1219-AA81                  04/25/96                    61 FR 18308

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-AA99

[[Page 62778]]

_______________________________________________________________________


DEPARTMENT OF LABOR (DOL)                           Proposed Rule Stage


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



_______________________________________________________________________




2232. 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)                             Long-Term Actions


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



_______________________________________________________________________




2233. DEPARTMENT OF LABOR ACQUISITION REGULATIONS

Priority:  Info./Admin./Other

Unfunded Mandates: Undetermined
Major: Undetermined

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 and the Federal Acquisition Reform 
Act of 1995.

Agency Contact: Milton A. Stewart, Acting Director, Office of 
Procurement and Advocate, Department of Labor, Office of the Assistant 
Secretary for Administration and Management, 200 Constitution Avenue 
NW., Room N5425, FP Bldg., Washington, DC 20210
Phone: 202 219-9174

RIN: 1291-AA20
_______________________________________________________________________


DEPARTMENT OF LABOR (DOL)                                 Prerule Stage


Occupational Safety and Health Administration (OSHA)



_______________________________________________________________________




2234.  STANDARDS ADVISORY COMMITTEE ON METALWORKING FLUIDS

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

RIN: 1218-AB58
_______________________________________________________________________




2235.  CONTROL OF HAZARDOUS ENERGY SOURCES (LOCKOUT/TAGOUT) 
(SECTION 610 REVIEW)

Priority:  Info./Admin./Other

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

CFR Citation:  29 CFR 1910.1047

Legal Deadline: None

Abstract: The standard will be reviewed to determine impacts on small 
entities in accordance with the requirements of the Regulatory 
Flexibility Act and EO 12866. The review will cover the continued need 
for the rule; the nature of complaints or comments received from the 
public concerning the rule; the complexity of the rule; the extent to 
which the rule overlaps, duplicates or conflicts with other Federal 
rules and, to the extent feasible, with State and local rules; and the 
degree to which technology, economic conditions, or other factors have 
changed in the industries affected by the rule.

[[Page 62779]]

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

End Review                      09/00/97

Small Entities Affected: Businesses

Government Levels Affected: None

Agency Contact: Thomas H. Seymour, Acting Director, Safety Standard 
Programs, Department of Labor, Occupational Safety and Health 
Administration, 200 Constitution Avenue NW., Room N-3605, FP Building, 
Washington, DC 20210
Phone: 202 219-8061
Fax: 202 219-7477

RIN: 1218-AB59
_______________________________________________________________________




2236.  OCCUPATIONAL EXPOSURE TO ETHYLENE OXIDE (SECTION 610 
REVIEW)

Priority:  Info./Admin./Other

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

CFR Citation:  29 CFR 1910.1047

Legal Deadline: None

Abstract: OSHA will be undertaking a review of the ETO standard in 
accordance with the requirements of the Regulatory Flexibility Act and 
EO 12866. The review will consider the continued need for the rule, 
comments on the rule received from the public, the complexity of the 
rule, whether the rule overlaps, duplicates or conflicts with other 
federal, state, or local regulations, and the degree to which 
technology, economic conditions or other factors may have changed since 
the rule was last evaluated.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

End Review                      09/00/97

Small Entities Affected: Businesses

Government Levels Affected: None

Agency Contact: Adam Finkel, Director, Health Standards Programs, 
Department of Labor, Occupational Safety and Health Administration, 200 
Constitution Avenue NW., Room N-3718, FP Building, Washington, DC 20210
Phone: 202 219-7075
Fax: 202 219-7125

RIN: 1218-AB60
_______________________________________________________________________


DEPARTMENT OF LABOR (DOL)                           Proposed Rule Stage


Occupational Safety and Health Administration (OSHA)



_______________________________________________________________________




2237. STEEL ERECTION (PART 1926) (SAFETY PROTECTION FOR IRONWORKING)

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

RIN: 1218-AA65
_______________________________________________________________________




2238. PREVENTION OF WORK-RELATED MUSCULOSKELETAL DISORDERS

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

RIN: 1218-AB36
_______________________________________________________________________




2239. COMPREHENSIVE SAFETY AND HEALTH PROGRAMS (FOR GENERAL INDUSTRY AND 
AGRICULTURE)

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

RIN: 1218-AB41
_______________________________________________________________________




2240. OCCUPATIONAL EXPOSURE TO HEXAVALENT CHROMIUM (PREVENTING 
OCCUPATIONAL ILLNESS: CHROMIUM)

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

RIN: 1218-AB45
_______________________________________________________________________




2241. OCCUPATIONAL EXPOSURE TO TUBERCULOSIS

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

RIN: 1218-AB46
_______________________________________________________________________




2242. 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: During the 1980s, 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 1915 (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

[[Page 62780]]

75,000 workers are exposed annually to these hazards.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            06/00/97

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-AB50
_______________________________________________________________________




2243. PERMISSIBLE EXPOSURE LIMITS (PELS) FOR AIR CONTAMINANTS

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

RIN: 1218-AB54
_______________________________________________________________________




2244. REVISION OF CERTAIN STANDARDS PROMULGATED UNDER SECTION 6(A) OF 
THE WILLIAMS-STEIGER OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970

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

RIN: 1218-AB55
_______________________________________________________________________




2245.  FLAMMABLE AND COMBUSTIBLE LIQUIDS

Priority:  Info./Admin./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 655(b); 5 USC 533

CFR Citation:  29 CFR 1910.106

Legal Deadline: None

Abstract: This project is part of a presidential initiative to respond 
to the general criticism concerning the complexity and obsolescence of 
certain Federal regulations. With this project, OSHA is initiating 
rulemaking that will revise and update the regulations containing in 29 
CFR 1910.106 addressing the flammable and combustible liquid storage. 
The purpose of this rulemaking will be to solicit public participation 
in the revision and updating of this standard to current levels of 
technology. It is also the purpose of the rulemaking to eliminate the 
complexity, duplicative nature, and obsolescence of the current 
existing standard and to write it in ``plain language'' as directed by 
the President's report.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            12/00/96

Small Entities Affected: Businesses

Government Levels Affected: None

Additional Information: The Flammable and Combustible Liquids Plain 
Language Revision Project 29 CFR 1910.106 was originally one of four 
projects listed under RIN 1218-AB55.

Agency Contact: Thomas H. Seymour, Acting Director, Safety Standards 
Programs, Department of Labor, Occupational Safety and Health 
Administration, 200 Constitution Avenue NW., Room N-3605, FP Building, 
Washington, DC 20210
Phone: 202 219-8061
Fax: 202 219-7477

RIN: 1218-AB61
_______________________________________________________________________


DEPARTMENT OF LABOR (DOL)                              Final Rule Stage


Occupational Safety and Health Administration (OSHA)



_______________________________________________________________________




2246. RESPIRATORY PROTECTION (PROPER USE OF MODERN RESPIRATORS)

Priority:  Other Significant. Major under 5 USC 801.

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: During the 1980s, 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. On November 7, 1995 OSHA reopened the record of the 
rulemaking (60 FR 56127) for the purpose of receiving comments on 
OSHA's scientific methodology for the development of Assigned 
Protection Factors (APF), referred to as the ``Nicas Report''. OSHA 
extended the comment period on the Nicas Report (61 FR 1725) to January 
29, 1996.

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

[[Page 62781]]

NPRM                            11/15/94                    59 FR 58884
Final Action                    12/00/96

Small Entities Affected: Businesses

Government Levels Affected: State, Local, Federal

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: 202 219-7125

RIN: 1218-AA05
_______________________________________________________________________




2247. 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                    12/00/96

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
_______________________________________________________________________




2248. 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: During the 1980s, 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                    04/00/97

Small Entities Affected: Businesses

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-AA68
_______________________________________________________________________




2249. 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

[[Page 62782]]

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

Legal Deadline: None

Abstract: In the 1980s, 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                    03/00/97

Small Entities Affected: Businesses

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

RIN: 1218-AA70
_______________________________________________________________________




2250. 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 Substance 
Control Act, stating that EPA has reasonable basis to conclude that the 
risk of injury to worker health from exposure to four glycol ethers 
during their manufacture, processing and use is unreasonable, and that 
this risk may be prevented or reduced to a significant extent by OSHA 
regulatory action. EPA gave OSHA 180 days in which to respond to its 
report. OSHA published its response on December 11, 1986, stating that 
OSHA had preliminarily concluded that occupational exposures to the 
subject glycol ethers at the current OSHA permissible exposure limits 
may present significant risks to the health of workers. OSHA published 
an Advance Notice of Proposed rulemaking (ANPRM) on April 2, 1987, (52 
FR 10586). OSHA used the information received in response to the ANPRM, 
as well as other information and analysis, and published a proposal, 
March 23, 1993 (58 FR 15526), that would reduce the permissible 
exposure limits for four glycol ethers and provide protection for 
approximately 46,000 workers exposed to the substances.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           04/02/87                    52 FR 10586
ANPRM Comment Period End        07/31/87
NPRM                            03/23/93                    58 FR 15526
NPRM Comment Period End         06/07/93
Final Action                    09/00/97

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
_______________________________________________________________________




2251. METHYLENE CHLORIDE (PREVENTING OCCUPATIONAL ILLNESSES: METHYLENE 
CHLORIDE)

Priority:  Other Significant. Major under 5 USC 801.

Legal Authority:  29 USC 655; 29 USC 657

CFR Citation:  29 CFR 1910.1052; 29 CFR 1926.1162; 29 CFR 1915.1102

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 MC 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,

[[Page 62783]]

and information regarding the use of MC as a solvent in adhesive 
formulation and flexible foam manufacturing. The record was also 
reopened in late 1995 to receive new data and information on MC-related 
risks. The draft final rule is currently undergoing review by the 
Office of Management and Budget.

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                    11/00/96

Small Entities Affected: Businesses

Government Levels Affected: State, Federal

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
_______________________________________________________________________




2252. WALKING WORKING SURFACES AND PERSONAL FALL PROTECTION SYSTEMS 
(PART 1910) (SLIPS, TRIPS, AND FALL PREVENTION)

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

RIN: 1218-AB04
_______________________________________________________________________




2253. RECORDING AND REPORTING OCCUPATIONAL INJURIES AND ILLNESSES 
(SIMPLIFIED INJURY/ILLNESS RECORDKEEPING REQUIREMENTS)

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

RIN: 1218-AB24
_______________________________________________________________________




2254. POWERED INDUSTRIAL TRUCK OPERATOR TRAINING (INDUSTRIAL TRUCK 
SAFETY TRAINING)

Priority:  Substantive, Nonsignificant

Unfunded Mandates: This action may affect the private sector under       
    PL 104-4.
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

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
_______________________________________________________________________




2255. 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 regulation 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, 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                    03/00/97

Small Entities Affected: Businesses

Government Levels Affected: State, Federal

Agency Contact: Raymond E. Donnelly, Director, General Industry 
Compliance Assistance, Department of Labor, Occupational Safety and 
Health Administration, 200 Constitution

[[Page 62784]]

Avenue NW., Room N3119, FP Building, Washington, DC 20210
Phone: 202 219-8041

RIN: 1218-AB40
_______________________________________________________________________




2256. 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 suffocations/ 
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 
revisions to paragraph (k) of the existing rule, Rescue and Emergency 
Services, to clarify the standard. OSHA also proposed to allow more 
flexibility in the point of a retrieval line attachment. OSHA also 
asked 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 were 
held September 27-28, 1995. The post hearing comment period ended on 
December 20, 1995. In February 1996, the record was closed.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            11/28/94                    59 FR 60735
NPRM Comment Period End         02/27/95
Final Action                    12/00/96

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
_______________________________________________________________________




2257. 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 653; 29 USC 655; 29 USC 657; 40 USC 333

CFR Citation:  29 CFR 1910; 29 CFR 1926

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 unnecessary rules. 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. The agency began this process with an administrative notice 
(62 FR 9228, March 7, 1996). This document proposes substantive changes 
to standards which the Agency believed were unnecessary or ineffective 
in protecting worker health or safety. The Agency followed up this 
effort by issuing two proposals addressing substantive changes.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Final - Miscellaneous Minor & 
Technical Amendments            03/07/96                     61 FR 9228
NPRM - Consolidation of 
Repetitive Provisions; Technical 
Amendments                      06/20/96                    61 FR 31427
NPRM - Miscellaneous Changes to 
General Industry & Construction 
Standards                       07/22/96                    61 FR 37849
Final - Longshoring             12/00/96
Final - Respirators             02/00/97

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
_______________________________________________________________________


DEPARTMENT OF LABOR (DOL)                             Long-Term Actions


Occupational Safety and Health Administration (OSHA)



_______________________________________________________________________




2258. 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's 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

[[Page 62785]]

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

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
_______________________________________________________________________




2259. CONTROL OF HAZARDOUS ENERGY (LOCKOUT)--CONSTRUCTION (PART 1926) 
(PREVENTING CONSTRUCTION INJURIES/FATALITIES: LOCKOUT)

Priority:  Other Significant. Major under 5 USC 801.

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). OSHA has not yet 
issued a rule for 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 hazard.
The effective control of hazardous energy at construction sites is made 
more difficult by several factors. These factors include 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.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            03/00/98

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
_______________________________________________________________________




2260. INDOOR AIR QUALITY IN THE WORKPLACE

Priority:  Economically Significant. Major under 5 USC 801.

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 indoor air pollution 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 (IAQ). EPA 
estimates that 20 to 35 percent of all workers in modern mechanically 
ventilated buildings may experience air-quality problems that could 
result in illnesses, absenteeism, lost productivity, and discomfort.
Surveys have estimated that as many as 85 percent of the polled 
companies had some sort of smoking restriction in place, due to either 
concerns about production safety or employee health and safety. The 
fact that this is a national problem suggests that it should be solved 
at the Federal level.
OSHA published a Request for Information on September 20, 1991, to 
collect information to determine if a standard regulating indoor air 
quality is justified and feasible. Information was requested on the 
ventilation system performance necessary to optimize indoor air 
quality, techniques for improving ventilation, building maintenance 
programs, existing workplace indoor air policies, and local and State 
laws addressing indoor air quality.
After reviewing and analyzing available information, OSHA published a 
proposed rule on April 5, 1994. The proposal would require employers to 
write and implement indoor air quality compliance plans that would 
include inspection and maintenance of current building ventilation 
systems to ensure they are functioning as designed. In buildings where 
smoking is allowed, the proposal would require designated smoking areas 
that would be separate, enclosed rooms where the air would be exhausted 
directly to the outside. Other proposed provisions would require 
employers to maintain healthy air quality during renovation, remodeling 
and similar activities. The provisions for indoor air quality would 
apply to 70 million workers and more than 4.5 million nonindustrial 
indoor work environments, including schools and training centers, 
offices, commercial establishments, health care facilities,

[[Page 62786]]

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
_______________________________________________________________________




2261. CONFINED SPACES FOR CONSTRUCTION (PART 1926) (CONSTRUCTION: 
PREVENTING SUFFOCATION/EXPLOSIONS IN CONFINED SPACES)

Priority:  Substantive, Nonsignificant. Major status under 5 USC 801 is 
undetermined.

Unfunded Mandates: This action may affect State, local or tribal 
governments.
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                            03/00/98

Small Entities Affected: Undetermined

Government Levels Affected: None

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-AB47
_______________________________________________________________________




2262. FIRE PROTECTION IN SHIPYARD EMPLOYMENT (PART 1915, SUBPART P) 
(PHASE II) (SHIPYARDS: FIRE SAFETY)

Priority:  Substantive, Nonsignificant

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

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

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

Legal Deadline: None

Abstract: During the 1980s, 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 
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 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. This will be addressed using the Neg/Reg Process.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            11/00/97

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-AB51

[[Page 62787]]

_______________________________________________________________________




2263.  NATIONALLY RECOGNIZED PROGRAMS TESTING LABS: FEES

Priority:  Substantive, Nonsignificant

Legal Authority:  31 USC 9701; 29 USC 653; 29 USC 655; 29 USC 657

CFR Citation:  29 CFR 1910.7

Legal Deadline: None

Abstract: A number of OSHA standards require that certain products and 
equipment used in the workplace be tested and certified by a laboratory 
that has been recognized and accredited by OSHA. Through the Nationally 
Recognized Testing Laboratory (NRTL) Program to date, OSHA has 
recognized 14 laboratories operating approximately 25 sites in the U.S. 
and Canada as NRTLs. OSHA is proposing to revise 29 CFR 1910.7 to allow 
OSHA to charge fees to NRTLs for services that are provided to the 
NRTLs. The fees will be computed on the basis of the cost of the 
services to the Government. In determining the amount of such fees, 
OSHA will follow the guidelines established by the Office of Management 
and Budget as stated in Circular Number A-25.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            00/00/00

Small Entities Affected: None

Government Levels Affected: None

Agency Contact: Ann Cyr, Acting Director, Information and Consumer, 
Affairs, Department of Labor, Occupational Safety and Health 
Administration, 200 Constituion Avenue NW., Room N-3647, FP Building, 
Washington, DC 20210
Phone: 202 219-8148

RIN: 1218-AB57
_______________________________________________________________________


DEPARTMENT OF LABOR (DOL)                             Completed Actions


Occupational Safety and Health Administration (OSHA)



_______________________________________________________________________




2264. SCAFFOLDS (PART 1926) (CONSTRUCTION: SCAFFOLDS USED IN THE 
CONSTRUCTION INDUSTRY)

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: During the 1980s, 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 recently issued final 
rule updates and streamlines coverage of scaffold design and use. It 
also resolves several significant issues including (1) the use of 
crossbraces as guardrails, (2) the use of fall protection during 
scaffold erection and dismantling operations, and (3) the role of 
engineers in scaffold design.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            11/25/86                    51 FR 42680
NPRM Comment Period End         08/14/87                    52 FR 20616
Record Reopened                 03/29/93                    58 FR 16509
Record Reopened                 02/01/94                     59 FR 4615
Final Action Sec. 1926.453(a)(2) 
effective date will be announced08/30/96                    61 FR 46026
Final Action Effective          11/29/96

Small Entities Affected: Businesses

Government Levels Affected: State, Local, Federal

Agency Contact: Russell B. Swanson, Director, Directorate of 
Construction, 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-AA40
_______________________________________________________________________




2265. 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: During the 1980s, 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 is performance-oriented and addresses current 
gaps in coverage, recognizes new technology, and eliminates outmoded or 
redundant provisions. It consolidates 29 CFR part 1915 and applicable 
29 CFR part 1910 standards into one set of provisions regarding gloves, 
goggles, and other personal protective equipment.

[[Page 62788]]



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                    05/24/96                    61 FR 26321

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 Ave. NW., Rm N3605, FP Bldg., 
Washington, DC 20210
Phone: 202 219-8061

RIN: 1218-AA74
_______________________________________________________________________




2266. 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 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. 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. The post-
hearing comment period closed on February 10, 1992. In March 1996, OSHA 
reopened the rulemaking record to receive comments on safety and health 
information presented to the Agency by business and labor. The record 
closed April 26, 1996.

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 4/26/9603/08/96                     61 FR 9381
Final Action                    11/04/96                    61 FR 56746
Final Action Effective          02/03/97

Small Entities Affected: Businesses

Government Levels Affected: None

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
[FR Doc. 96-26270 Filed 11-27-96; 8:45 am]
BILLING CODE 4510-23-F