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



[[Page 21933]]



_______________________________________________________________________


Part XII



Department of Labor



_______________________________________________________________________

Semiannual Regulatory Agenda

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DEPARTMENT OF LABOR (DOL)                                              


  



_______________________________________________________________________

DEPARTMENT OF LABOR

Office of the Secretary

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

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

30 CFR Ch. I

41 CFR Ch. 60

48 CFR Ch. 29

Semiannual Agenda of Regulations

AGENCY: Office of the Secretary, Labor.

ACTION: Semiannual regulatory agenda.

_______________________________________________________________________

SUMMARY: This document sets forth the Department's semiannual agenda of 
regulations that have been selected for review or development during 
the coming year. The agenda complies with the requirements of both 
Executive Order 12866 and the Regulatory Flexibility Act. The agenda 
lists all regulations that are expected to be under review or 
development between April 1997 and April 1998, as well as those 
completed during the past 6 months.

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

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

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

    The Regulatory Flexibility Act became effective on January 1, 
1981, and applies only to regulations for which a notice of 
proposed rulemaking was issued on or after that date. It requires 
the Department of Labor to publish an agenda listing all the 
regulations it expects to propose or promulgate that are likely to 
have a ``significant economic impact on a substantial number of 
small entities'' (5 U.S.C. 602).

    Executive Order 12866 became effective September 30, 1993, and 
in substance, requires the Department of Labor to publish an agenda 
listing all the regulations it expects to have under active 
consideration for promulgation, proposal, or review during the 
coming 1-year period. The focus of all departmental regulatory 
activity will be on the development of effective rules that are 
understandable and usable to the employers and employees in all 
affected workplaces.

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

    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.

Cynthia A. Metzler,

Acting Secretary of Labor.

                                  Office of the Secretary--Proposed Rule Stage                                  
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation 
 Sequence                                           Title                                            Identifier 
  Number                                                                                               Number   
----------------------------------------------------------------------------------------------------------------
1814        Protection of Individual Privacy and Access to Records Under the Privacy Act of 1974..    1290-AA16 
----------------------------------------------------------------------------------------------------------------


                                   Office of the Secretary--Long-Term Actions                                   
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation 
 Sequence                                           Title                                            Identifier 
  Number                                                                                               Number   
----------------------------------------------------------------------------------------------------------------
1815        Coordinated Enforcement of Farm Labor Protective Statutes.............................    1290-AA11 
1816        Supplemental Standards of Ethical Conduct for Employees of the Department of Labor....    1290-AA15 
----------------------------------------------------------------------------------------------------------------


                            Employment Standards Administration--Proposed Rule Stage                            
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation 
 Sequence                                           Title                                            Identifier 
  Number                                                                                               Number   
----------------------------------------------------------------------------------------------------------------
1817        Child Labor Regulations, Orders, and Statements of Interpretation (ESA/W-H)...........    1215-AA09 
1818        Defining and Delimiting the Term ``Any Employee Employed in a Bona Fide Executive,                  
            Administrative, or Professional Capacity'' (ESA/W-H)..................................    1215-AA14 
1819        Procedures for Predetermination of Wage Rates (29 CFR Part 1) and Labor Standards                   
            Provisions Applicable to Contracts Covering Federally Financed and Assisted                         
            Construction (29 CFR Part 5)..........................................................    1215-AA94 
1820        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 
1821        Records To Be Kept by Employers Under the Fair Labor Standards Act....................    1215-AB03 
1822        Assessment and Collection of User Fees................................................    1215-AB06 
1823        Federal Employees' Compensation Act; Claims for Compensation for Work-Related Injury/               
            Death.................................................................................    1215-AB07 

[[Page 21935]]

                                                                                                                
1824        Minimum Wages in American Samoa.......................................................    1215-AB08 
1825        Employment of Student-Learners, Apprentices, Learners, Messengers, and Student Workers              
            Under Section 14 of the Fair Labor Standards Act......................................    1215-AB10 
1826        Exemptions Applicable to Agriculture, Processing of Agricultural Commodities, and                   
            Related Subjects Under the Fair Labor Standards Act...................................    1215-AB11 
1827        Miscellaneous Exemptions Under the Fair Labor Standards Act...........................    1215-AB12 
1828        Implementation of the 1996 Amendments to the Fair Labor Standards Act.................    1215-AB13 
----------------------------------------------------------------------------------------------------------------


                              Employment Standards Administration--Final Rule Stage                             
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation 
 Sequence                                           Title                                            Identifier 
  Number                                                                                               Number   
----------------------------------------------------------------------------------------------------------------
1829        Government Contractors: Nondiscrimination and Affirmative Action Obligations (ESA/                  
            OFCCP) (Section 610 Review)...........................................................    1215-AA01 
1830        Affirmative Action and Nondiscrimination Obligations of Contractors and Subcontractors              
            for Special Disabled Veterans and Veterans of the Vietnam Era.........................    1215-AA62 
1831        Application of the Fair Labor Standards Act to Domestic Service.......................    1215-AA82 
1832        Procedures for Handling Discrimination Complaints Under Federal ``Whistleblower''                   
            Protection Statutes...................................................................    1215-AA83 
1833        Standards for Waivers Under Section 503 of the Rehabilitation Act.....................    1215-AA84 
1834        Executive Order 12933 of October 20, 1994, ``Nondisplacement of Qualified Workers                   
            Under Certain Conditions''............................................................    1215-AA95 
1835        Benefits Under the Federal Coal Mine Safety and Health Act of 1977, as Amended                      
            Affecting the Black Lung Benefits Act.................................................    1215-AA99 
1836        Labor Condition Applications and Requirements for Employers Using Nonimmigrants on H-               
            1B Visas in Specialty Occupations and as Fashion Models...............................    1215-AB09 
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                             Employment Standards Administration--Long-Term Actions                             
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation 
 Sequence                                           Title                                            Identifier 
  Number                                                                                               Number   
----------------------------------------------------------------------------------------------------------------
1837        Enforcement of Contractual Obligations for Temporary Alien Agricultural Workers                     
            Admitted Under Section 216 of the Immigration and Nationality Act.....................    1215-AA43 
1838        Reporting by Labor Relations Consultants and Other Persons............................    1215-AB14 
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                             Employment Standards Administration--Completed Actions                             
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation 
 Sequence                                           Title                                            Identifier 
  Number                                                                                               Number   
----------------------------------------------------------------------------------------------------------------
1839        Labor Standards for Federal Service Contracts.........................................    1215-AA78 
1840        Migrant and Seasonal Agricultural Worker Protection (29 CFR Part 500).................    1215-AA93 
1841        Technical Amendments of Rules Relating to Labor-Management Standards and Standards of               
            Conduct for Federal Sector Labor Organizations........................................    1215-AB16 
----------------------------------------------------------------------------------------------------------------


                           Employment and Training Administration--Proposed Rule Stage                          
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation 
 Sequence                                           Title                                            Identifier 
  Number                                                                                               Number   
----------------------------------------------------------------------------------------------------------------
1842        Airline Deregulation: Employee Benefit Program........................................    1205-AA07 
1843        Job Training Partnership Act: Indian and Native American Programs.....................    1205-AA96 
1844        Job Training Partnership Act: Migrant and Seasonal Farmworker Programs................    1205-AA99 
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[[Page 21936]]


                            Employment and Training Administration--Final Rule Stage                            
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation 
 Sequence                                           Title                                            Identifier 
  Number                                                                                               Number   
----------------------------------------------------------------------------------------------------------------
1845        Disaster Unemployment Assistance Program, Amendment to Regulations....................    1205-AB02 
1846        Trade Adjustment Assistance for Workers--Implementation of 1988 Amendments............    1205-AB05 
1847        Trade Adjustment Assistance for Workers--Transitional Adjustment Assistance NAFTA-TAA.    1205-AB07 
1848        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   
----------------------------------------------------------------------------------------------------------------
1849        Services to Migrant and Seasonal Farmworkers, Job Service Complaint System,                         
            Monitoring, and Enforcement...........................................................    1205-AA37 
1850        Labor Certification Process for the Permanent Employment of Aliens in the United                    
            States................................................................................    1205-AA66 
1851        Amendments to the Labor Certification Process for Temporary Agricultural Employment in              
            the United States (H-2A)..............................................................    1205-AB09 
1852        Federal-State Unemployment Compensation Program; Unemployment Insurance Performance                 
            System................................................................................    1205-AB10 
1853        Establishment of Fees for Immigration Programs Administered by the Employment and                   
            Training Administration...............................................................    1205-AB14 
----------------------------------------------------------------------------------------------------------------


                           Pension and Welfare Benefits Administration--Prerule Stage                           
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation 
 Sequence                                           Title                                            Identifier 
  Number                                                                                               Number   
----------------------------------------------------------------------------------------------------------------
1854        Relating Relating to Notice Requirements for Continuation of Health Care Coverage.....    1210-AA60 
----------------------------------------------------------------------------------------------------------------


                        Pension and Welfare Benefits Administration--Proposed Rule Stage                        
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation 
 Sequence                                           Title                                            Identifier 
  Number                                                                                               Number   
----------------------------------------------------------------------------------------------------------------
1855        Revision of the Form 5500 Series and Implementing and Related Regulations Under the                 
            Employee Retirement Income Security Act of 1974 (ERISA)...............................    1210-AA52 
1856        Civil Monetary Penalty Adjustment Regulation..........................................    1210-AA56 
1857        Enforcement Policy on AICPA SOP 92-6..................................................    1210-AA57 
1858        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 
1859        Amendment of Regulations Relating to Definitions of ``Plan Assets'' - Participant                   
            Contributions (SIMPLE PLAN)...........................................................    1210-AA59 
----------------------------------------------------------------------------------------------------------------


                          Pension and Welfare Benefits Administration--Final Rule Stage                         
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation 
 Sequence                                           Title                                            Identifier 
  Number                                                                                               Number   
----------------------------------------------------------------------------------------------------------------
1860        Qualified Domestic Relations Orders...................................................    1210-AA19 
1861        Definition of Collective Bargaining Agreement (ERISA Section 3(40))...................    1210-AA48 
1862        Regulations Implementing the Health Care Access, Portability and Renewability                       
            Provisions of the Health Insurance Portability and Accountability Act of 1996.........    1210-AA54 
1863        Amendment of Summary Plan Description and Related ERISA Regulations to Implement                    
            Statutory Changes in the Health Insurance Portability and Accountability Act of 1996..    1210-AA55 
----------------------------------------------------------------------------------------------------------------


[[Page 21937]]


                         Pension and Welfare Benefits Administration--Long-Term Actions                         
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation 
 Sequence                                           Title                                            Identifier 
  Number                                                                                               Number   
----------------------------------------------------------------------------------------------------------------
1864        Adequate Consideration................................................................    1210-AA15 
1865        Civil Penalties Under ERISA Section 502(l)............................................    1210-AA37 
1866        Reporting and Disclosure Under the Employee Retirement Income Security Act of 1974....    1210-AA44 
----------------------------------------------------------------------------------------------------------------


                              Mine Safety and Health Administration--Prerule Stage                              
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation 
 Sequence                                           Title                                            Identifier 
  Number                                                                                               Number   
----------------------------------------------------------------------------------------------------------------
1867        Safety Standards for the Use of Roof Bolting Machines.................................    1219-AA94 
1868        Training and Retraining of Miners (Section 610 Review)................................    1219-AB02 
----------------------------------------------------------------------------------------------------------------


                           Mine Safety and Health Administration--Proposed Rule Stage                           
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation 
 Sequence                                           Title                                            Identifier 
  Number                                                                                               Number   
----------------------------------------------------------------------------------------------------------------
1869        Diesel Particulate....................................................................    1219-AA74 
1870        Belt Entry Use as Intake Aircourses to Ventilate Working Sections.....................    1219-AA76 
1871        Advisory Committee on the Elimination of Pneumoconiosis Among Coal Miners.............    1219-AA81 
1872        Metal/Nonmetal Impoundments...........................................................    1219-AA83 
1873        Safety Standard Revisions for Underground Anthracite Mines............................    1219-AA96 
1874        Improving and Eliminating Regulations.................................................    1219-AA98 
1875        Safety Standards for Roof Bolts in Metal and Nonmetal Mines and Underground Coal Mines    1219-AB00 
1876        Electrical Standards for Metal and Nonmetal Mines.....................................    1219-AB01 
1877        Criteria and Procedures for Proposed Assessment of Civil Penalties....................    1219-AB03 
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                             Mine Safety and Health Administration--Final Rule Stage                            
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation 
 Sequence                                           Title                                            Identifier 
  Number                                                                                               Number   
----------------------------------------------------------------------------------------------------------------
1878        Hazard Communication..................................................................    1219-AA47 
1879        Air Quality, Chemical Substances, and Respiratory Protection Standards................    1219-AA48 
1880        Noise Standard........................................................................    1219-AA53 
1881        Longwall Equipment (Including High-Voltage)...........................................    1219-AA75 
1882        Mine Shift Atmospheric Condition; Respirable Dust Sample..............................    1219-AA82 
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                            Mine Safety and Health Administration--Long-Term Actions                            
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation 
 Sequence                                           Title                                            Identifier 
  Number                                                                                               Number   
----------------------------------------------------------------------------------------------------------------
1883        Confined Spaces.......................................................................    1219-AA54 
1884        Carbon Monoxide Monitor Approval......................................................    1219-AA72 
1885        Decertification of Certified and Qualified Persons....................................    1219-AA79 
1886        Independent Laboratory Testing........................................................    1219-AA87 
1887        Safety Standards for Methane in Metal and Nonmetal Mines..............................    1219-AA90 
1888        Requirements for Approval of Flame-Resistant Conveyor Belts...........................    1219-AA92 
1889        Surface Haulage.......................................................................    1219-AA93 
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[[Page 21938]]


            Office of the Assistant Secretary for Administration and Management--Proposed Rule Stage            
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation 
 Sequence                                           Title                                            Identifier 
  Number                                                                                               Number   
----------------------------------------------------------------------------------------------------------------
1890        Nondiscrimination on the Basis of Age in Programs and Activities Receiving Federal                  
            Financial Assistance From the Department of Labor.....................................    1291-AA21 
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             Office of the Assistant Secretary for Administration and Management--Long-Term Actions             
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation 
 Sequence                                           Title                                            Identifier 
  Number                                                                                               Number   
----------------------------------------------------------------------------------------------------------------
1891        Department of Labor Acquisition Regulation............................................    1291-AA20 
----------------------------------------------------------------------------------------------------------------


                          Occupational Safety and Health Administration--Prerule Stage                          
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation 
 Sequence                                           Title                                            Identifier 
  Number                                                                                               Number   
----------------------------------------------------------------------------------------------------------------
1892        Standards Advisory Committee on Metalworking Fluids...................................    1218-AB58 
1893        Control of Hazardous Energy Sources (Lockout/Tagout) (Section 610 Review).............    1218-AB59 
1894        Occupational Exposure to Ethylene Oxide (Section 610 Review)..........................    1218-AB60 
1895        Fire Brigades.........................................................................    1218-AB64 
----------------------------------------------------------------------------------------------------------------


                       Occupational Safety and Health Administration--Proposed Rule Stage                       
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation 
 Sequence                                           Title                                            Identifier 
  Number                                                                                               Number   
----------------------------------------------------------------------------------------------------------------
1896        Steel Erection (Part 1926) (Safety Protection for Ironworking)........................    1218-AA65 
1897        Safety and Health Programs (for General Industry).....................................    1218-AB41 
1898        Occupational Exposure to Tuberculosis.................................................    1218-AB46 
1899        Confined Spaces for Construction (Part 1926) (Construction: Preventing Suffocation/                 
            Explosions in Confined Spaces)........................................................    1218-AB47 
1900        General Working Conditions in Shipyards (Part 1915, Subpart F) (Phase II) (Shipyards:               
            General Working Conditions)...........................................................    1218-AB50 
1901        Fire Protection in Shipyard Employment (Part 1915, Subpart P) (Phase II) (Shipyards:                
            Fire Safety)..........................................................................    1218-AB51 
1902        Permissible Exposure Limits (PELS) for Air Contaminants...............................    1218-AB54 
1903        Revision of Certain Standards Promulgated Under Section 6(a) of the Williams-Steiger                
            Occupational Safety and Health Act of 1970............................................    1218-AB55 
1904        Flammable and Combustible Liquids.....................................................    1218-AB61 
1905        Process Safety Management of Highly Hazardous Chemicals...............................    1218-AB63 
1906        Revocation of Certification Records for Tests, Inspection, and Training...............    1218-AB65 
1907        Revision of Certain Standards Promulgated Under Section 6(a) of the Williams-Steiger                
            Act (Phase II)........................................................................    1218-AB66 
----------------------------------------------------------------------------------------------------------------


                         Occupational Safety and Health Administration--Final Rule Stage                        
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation 
 Sequence                                           Title                                            Identifier 
  Number                                                                                               Number   
----------------------------------------------------------------------------------------------------------------
1908        Respiratory Protection (Proper Use of Modern Respirators).............................    1218-AA05 
1909        Safety and Health Regulations for Longshoring (Part 1918) and Marine Terminals (Part                
            1917) (Shipyards: Protecting Longshoring Workers).....................................    1218-AA56 
1910        Access and Egress in Shipyards (Part 1915, Subpart E) (Phase I) (Shipyards: Emergency               
            Exits and Aisles).....................................................................    1218-AA70 
1911        Glycol Ethers: 2-Methoxyethanol, 2-Ethoxyethanol, and Their Acetates: Protecting                    
            Reproductive Health...................................................................    1218-AA84 
1912        Walking Working Surfaces and Personal Fall Protection Systems (Part 1910) (Slips,                   
            Trips, and Fall Prevention)...........................................................    1218-AB04 
1913        Recording and Reporting Occupational Injuries and Illnesses (Simplified Injury/Illness              
            Recordkeeping Requirements)...........................................................    1218-AB24 
1914        Powered Industrial Truck Operator Training (Industrial Truck Safety Training).........    1218-AB33 

[[Page 21939]]

                                                                                                                
1915        Abatement Verification (Hazard Correction)............................................    1218-AB40 
1916        Permit Required Confined Spaces (General Industry: Preventing Suffocation/ Explosions               
            in Confined Spaces)...................................................................    1218-AB52 
1917        Eliminating and Improving Regulations.................................................    1218-AB53 
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                        Occupational Safety and Health Administration--Long-Term Actions                        
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation 
 Sequence                                           Title                                            Identifier 
  Number                                                                                               Number   
----------------------------------------------------------------------------------------------------------------
1918        Scaffolds in Shipyards (Part 1915--Subpart N) (Phase I) (Shipyards: Safer Scaffolds)..    1218-AA68 
1919        Accreditation of Training Programs for Hazardous Waste Operations (Part 1910).........    1218-AB27 
1920        Prevention of Work-Related Musculoskeletal Disorders..................................    1218-AB36 
1921        Indoor Air Quality in the Workplace...................................................    1218-AB37 
1922        Occupational Exposure to Hexavalent Chromium (Preventing Occupational Illness:                      
            Chromium).............................................................................    1218-AB45 
1923        Nationally Recognized Testing Labs Programs: Fees.....................................    1218-AB57 
1924        Fall Protection in the Construction Industry..........................................    1218-AB62 
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                        Occupational Safety and Health Administration--Completed Actions                        
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation 
 Sequence                                           Title                                            Identifier 
  Number                                                                                               Number   
----------------------------------------------------------------------------------------------------------------
1925        Methylene Chloride (Preventing Occupational Illnesses: Methylene Chloride)............    1218-AA98 
1926        Control of Hazardous Energy (Lockout)--Construction (Part 1926) (Preventing                         
            Construction Injuries/Fatalities: Lockout)............................................    1218-AB30 
----------------------------------------------------------------------------------------------------------------

_______________________________________________________________________


DEPARTMENT OF LABOR (DOL)                           Proposed Rule Stage


Office of the Secretary (OS)



_______________________________________________________________________




1814.  PROTECTION OF INDIVIDUAL PRIVACY AND ACCESS TO RECORDS 
UNDER THE PRIVACY ACT OF 1974

Priority:  Other Significant

Legal Authority:  29 USC 552a

CFR Citation:  29 CFR 70a; 29 CFR 71

Legal Deadline: None

Abstract: This proposed regulation will revise the existing regulation 
under the Privacy Act of 1974. The existing regulation was promulgated 
20 years ago and is in need of revision. The proposed regulation will 
conform Departmental requirements with the caselaw which has evolved 
over the past years. The regulation will govern the conduct of 
Departmental employees and members of the public, as it pertains to the 
treatment of records covered by the Privacy Act. The proposal will 
renumber Part 70a as Part 71, because the Office of the Federal 
Register no longer permits alphabetical entries for CFR parts.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            06/00/97

Small Entities Affected: None

Government Levels Affected: None

Agency Contact: Miriam McD. Miller, Co-Counsel for Administrative Law, 
Division of Legislation and Legislative Counsel, Department of Labor, 
Office of the Secretary, 200 Constitution Avenue NW., Room N-2428, FP 
Building, Washington, DC 20210
Phone: 202 219-8188
Fax: 202 219-6896
Email: [email protected]

RIN: 1290-AA16

[[Page 21940]]

_______________________________________________________________________


DEPARTMENT OF LABOR (DOL)                             Long-Term Actions


Office of the Secretary (OS)



_______________________________________________________________________




1815. 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 
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, Chairperson, 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
_______________________________________________________________________




1816. 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              11/06/96                    61 FR 57281
Final Action                    04/00/98

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

[[Page 21941]]

_______________________________________________________________________


DEPARTMENT OF LABOR (DOL)                           Proposed Rule Stage


Employment Standards Administration (ESA)



_______________________________________________________________________




1817. CHILD LABOR REGULATIONS, ORDERS, AND STATEMENTS OF INTERPRETATION 
(ESA/W-H)

Priority:  Other Significant

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

Legal Authority:  29 USC 203(1)

CFR Citation:  29 CFR 570

Legal Deadline: None

Abstract: Section 3(l) of the Fair Labor Standards Act requires the 
Secretary of Labor to issue regulations with respect to minors between 
14 and 16 years of age ensuring that the periods and conditions of 
their employment do not interfere with their schooling, health, or 
well-being. The Secretary is also directed to designate occupations 
that may be particularly hazardous for minors 16 and 17 years of age. 
Child Labor Regulation No. 3 sets forth the permissible industries and 
occupations in which 14- and 15-year-olds may be employed, and 
specifies the number of hours in a day and in a week, and time periods 
within a day, that such minors may be employed. The Department has 
invited public comment in considering whether changes in technology in 
the workplace and job content over the years require new hazardous 
occupation orders, and review of some of the applicable hazardous 
occupation orders and the method of their promulgation. Comment has 
also been solicited on whether revisions should be considered in the 
permissible hours and time of day standards for 14- and 15-year-olds. 
Comment has been sought on appropriate changes required to implement 
school-to-work transition programs. Additionally, Congress enacted 
Public Law 104-174 (August 6, 1996), which amended FLSA section 13(c) 
and requires changes in the regulations under Hazardous Occupation 
Order No. 12, regarding power-driven paper balers and compactors, to 
allow 16- and 17-year olds to load, but not operate or unload, machines 
meeting applicable American National Standards Institute (ANSI) safety 
standards and certain other conditions.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

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

Small Entities Affected: None

Government Levels Affected: None

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

RIN: 1215-AA09
_______________________________________________________________________




1818. DEFINING AND DELIMITING THE TERM ``ANY EMPLOYEE EMPLOYED IN A BONA 
FIDE EXECUTIVE, ADMINISTRATIVE, OR PROFESSIONAL CAPACITY'' (ESA/W-H)

Priority:  Economically Significant. Major under 5 USC 801.

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

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

CFR Citation:  29 CFR 541

Legal Deadline: None

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

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Indefinite Stay of Final Rule   02/12/81                    46 FR 11972
Proposal To Suspend Rule 
Indefinitely                    03/27/81                    46 FR 18998
ANPRM                           11/19/85                    50 FR 47696
Extension of ANPRM Comment 
Period From 01/21/86 to 03/22/8601/17/86                     51 FR 2525
ANPRM Comment Period End        03/22/86                     51 FR 2525
NPRM                            09/00/97

Small Entities Affected: Businesses, Governmental Jurisdictions, 
Organizations

Government Levels Affected: State, Local, Federal

Agency Contact: John R. Fraser, Deputy Administrator, Wage and Hour 
Division, Department of Labor, Employment Standards Administration, 200 
Constitution Avenue NW., Room S3502, FP Bldg., Washington, DC 20210

[[Page 21942]]

Phone: 202 219-8305

RIN: 1215-AA14
_______________________________________________________________________




1819. PROCEDURES FOR PREDETERMINATION OF WAGE RATES (29 CFR PART 1) AND 
LABOR STANDARDS PROVISIONS APPLICABLE TO CONTRACTS COVERING FEDERALLY 
FINANCED AND ASSISTED CONSTRUCTION (29 CFR PART 5)

Priority:  Economically Significant. Major under 5 USC 801.

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

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

CFR Citation:  29 CFR 1; 29 CFR 5

Legal Deadline: None

Abstract: The Department attempted to implement revised rules governing 
the circumstances in which ``helpers'' may be used on federally funded 
and assisted construction contracts subject to the Davis-Bacon Act in 
May 1982 (see 47 FR 23644, 23658 (May 28, 1982); 47 FR 32090 (July 20, 
1982)). After protracted litigation, a final rule was published in 
January 1989 (see 54 FR 4234) which became effective on February 4, 
1991. Thereafter, on two occasions, Congress acted to prevent the 
Department from expending any funds to implement these revised helper 
regulations--through the Dire Emergency Supplemental Appropriations Act 
of 1991, PL 102-27, 105 Stat. 130,151 (1991), and then through section 
104 of the DOL Appropriations Act of 1994, PL 103-112. There is no such 
prohibition in the DOL's Appropriations Act for fiscal year 1996, 
Public Law 104-134 (April 26, 1996). Given the uncertainty of 
continuation of such moratoriums, the Department has determined that 
the helper issue needs to be addressed through further rulemaking. A 
notice inviting public comment on a proposal to continue the suspension 
of the former helper regulations while the Department conducts 
additional rulemaking proceedings was published August 2, 1996 (61 FR 
40366). A final rule continuing the suspension while further rulemaking 
is considered was published December 30, 1996 (61 FR 68641).

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM Continue Suspension        08/02/96                    61 FR 40367
Final Continue Suspension       12/30/96                    61 FR 68641
NPRM                            07/00/97

Small Entities Affected: Businesses, Governmental Jurisdictions, 
Organizations

Government Levels Affected: State, Local, Tribal, Federal

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

RIN: 1215-AA94
_______________________________________________________________________




1820. 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.'' A final rule implementing the 
CWHSSA and PCA changes was published on August 5, 1996 (61 FR 40714).

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            09/07/95                    60 FR 46553
NPRM Comment Period End         10/10/95
Final Walsh-Healey/CWHSSA Rule  08/05/96                    61 FR 40714
NPRM Second                     06/00/97

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: John R. Fraser, Deputy 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
_______________________________________________________________________




1821. 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

[[Page 21943]]

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

RIN: 1215-AB03
_______________________________________________________________________




1822. 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                            06/00/97

Small Entities Affected: None

Government Levels Affected: None

Agency Contact: John R. Fraser, Deputy 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
_______________________________________________________________________




1823. 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, 
update rules to reflect legislative changes, modify the medical fee 
schedule to include hospital and pharmacy charges and simplify 
language.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            08/00/97
NPRM Comment Period End         10/00/97
Final Action                    12/00/97

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
_______________________________________________________________________




1824. 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.

[[Page 21944]]

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            06/00/97

Small Entities Affected: None

Government Levels Affected: State, Local, Federal

Agency Contact: John R. Fraser, Deputy 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
_______________________________________________________________________




1825. 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

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                            02/14/97                     62 FR 7093
NPRM Comment Period End         04/15/97

Small Entities Affected: None

Government Levels Affected: State, Local, Federal

Agency Contact: John R. Fraser, Deputy 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
_______________________________________________________________________




1826. 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                            06/00/97

Small Entities Affected: None

Government Levels Affected: State, Federal

Agency Contact: John R. Fraser, Deputy 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
_______________________________________________________________________




1827. 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                            12/00/97

Small Entities Affected: None

Government Levels Affected: State, Federal

Agency Contact: John R. Fraser, Deputy 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

[[Page 21945]]

_______________________________________________________________________




1828. 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 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                            07/00/97

Small Entities Affected: None

Government Levels Affected: State, Local, Federal

Agency Contact: John R. Fraser, Deputy 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)



_______________________________________________________________________




1829. GOVERNMENT CONTRACTORS: NONDISCRIMINATION AND AFFIRMATIVE ACTION 
OBLIGATIONS (ESA/OFCCP) (SECTION 610 REVIEW)

Priority:  Other Significant

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

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

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

Legal Deadline: None

Abstract: These regulations cover nondiscrimination and affirmative 
action obligations of Federal contractors under Executive Order 11246, 
as amended; 38 USC 4212 of the Vietnam Era Veterans' Readjustment 
Assistance Act of 1974, as amended; and section 503 of the 
Rehabilitation Act of 1973, as amended (section 503). The NPRM 
published 08/25/81 and supplemented on 04/23/82 extended the effective 
date of a final rule published 12/30/80 and proposed amendments to that 
rule. The NPRM published 5/21/96 proposed revisions to reduce burdens 
on the regulated community and to improve the administration of the 
Executive Order. OFCCP's review of regulatory options continues with 
emphasis on streamlining and clarifying the regulatory language and 
reducing paperwork requirements associated with compliance.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           07/14/81                    46 FR 36213
NPRM Compliance Reviews (60-1)  05/21/96                    61 FR 25516
NPRM Compliance Reviews (60-60) 05/21/96                    61 FR 25516
FINAL Compliance Reviews (60-1) 06/00/97
FINAL Compliance Reviews (60-60)06/00/97
NPRM Affirmative Action Plans 
(60-2)                          07/00/97
FINAL Affirmative Action Plans 
(60-2)                          11/00/97

Small Entities Affected: Businesses, Governmental Jurisdictions, 
Organizations

Government Levels Affected: State

Additional Information: Under the reinventing government initiative, 
OFCCP's emphasis is on regulatory reform, e.g., to revise the Executive 
Order 11246 regulations to reduce paperwork burdens, eliminate 
unnecessary regulations, and simplify and clarify the regulations while 
improving the efficiency and effectiveness of the contract compliance 
program.

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

RIN: 1215-AA01
_______________________________________________________________________




1830. 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

[[Page 21946]]

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         12/27/96
Final Action                    07/00/97

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
_______________________________________________________________________




1831. 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                    06/00/97

Small Entities Affected: None

Government Levels Affected: State, Local, Federal

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

RIN: 1215-AA82
_______________________________________________________________________




1832. PROCEDURES FOR HANDLING DISCRIMINATION COMPLAINTS UNDER FEDERAL 
``WHISTLEBLOWER'' PROTECTION STATUTES

Priority:  Substantive, Nonsignificant

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

CFR Citation:  29 CFR 24

Legal Deadline: None

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

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            03/16/94                    59 FR 12506
NPRM Comment Period End         05/16/94
Final Action                    04/00/97

Small Entities Affected: None

Government Levels Affected: Federal

Agency Contact: John R. Fraser, Deputy 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
_______________________________________________________________________




1833. 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.

[[Page 21947]]

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            02/14/96                     61 FR 5902
NPRM Comment Period End         04/15/96
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-AA84
_______________________________________________________________________




1834. 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                    04/00/97

Small Entities Affected: None

Government Levels Affected: Federal

Agency Contact: John R. Fraser, Deputy 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
_______________________________________________________________________




1835. 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 administrative costs associated with these 
changes, but savings can be expected through streamlining.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            01/22/97                     62 FR 3338
NPRM Comment Period End         03/24/97
NPRM Comment Period End Extended 
to                              05/24/97                     62 FR 8201
Final Action                    10/00/97

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
Fax: 202 219-8568

RIN: 1215-AA99
_______________________________________________________________________




1836. LABOR CONDITION APPLICATIONS AND REQUIREMENTS FOR EMPLOYERS USING 
NONIMMIGRANTS ON H-1B VISAS IN SPECIALTY OCCUPATIONS AND AS FASHION 
MODELS

Priority:  Substantive, Nonsignificant

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

CFR Citation:  29 CFR 507

Legal Deadline: None

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

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            10/31/95                    60 FR 55339
NPRM Comment Period End         11/30/95
Final Action                    07/00/97

Small Entities Affected: None

Government Levels Affected: Federal

Agency Contact: John R. Fraser, Deputy 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

[[Page 21948]]

_______________________________________________________________________


DEPARTMENT OF LABOR (DOL)                             Long-Term Actions


Employment Standards Administration (ESA)



_______________________________________________________________________




1837. 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: John R. Fraser, Deputy 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
_______________________________________________________________________




1838. 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
_______________________________________________________________________


DEPARTMENT OF LABOR (DOL)                             Completed Actions


Employment Standards Administration (ESA)



_______________________________________________________________________




1839. LABOR STANDARDS FOR FEDERAL SERVICE CONTRACTS

Priority:  Economically Significant. Major under 5 USC 801.

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

[[Page 21949]]

Final Action                    12/30/96                    61 FR 68647
Final Action Effective          06/01/97

Small Entities Affected: Businesses

Government Levels Affected: Federal

Agency Contact: John R. Fraser, Deputy 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
_______________________________________________________________________




1840. MIGRANT AND SEASONAL AGRICULTURAL WORKER PROTECTION (29 CFR PART 
500)

Priority:  Other Significant

Legal Authority:  29 USC 1801 to 1872, as amended

CFR Citation:  29 CFR 500

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

Abstract: The legislative history of the Migrant and Seasonal 
Agricultural Worker Protection Act (MSPA) indicates that the principles 
found in Hodgson v. Griffin and Brand, 471 F.2d 235, are to be followed 
in determining whether a joint employment relationship exists in the 
employment of migrant and seasonal farm workers in a given fact 
situation. The Department intends to publish an NPRM to solicit 
comments on a clarification of the regulations to more closely comport 
with the legislative history of MSPA and the principles found in 
Hodgson v. Griffin and Brand and also possible modifications to the 
procedures for MSPA hearings, seeking more timely decisions. In 
addition, Public Law 104-49 (November 15, 1995) amended MSPA's private 
right of action, transportation insurance requirements, and disclosure 
obligations to agricultural workers. Implementing regulations were 
published May 16, 1996 (61 FR 24858), for the revised transportation 
insurance requirements. The joint employer NPRM was published March 29, 
1996 (61 FR 14035).

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Final Action                    03/12/97                    62 FR 11734
Final Action Effective          04/11/97
Joint Employment  NPRM 03/29/96 (61 FR 14035)  NPRM Comment Period End 
06/12/96

Worker's Compensation  NPRM 03/18/96 (61 FR 10911)  NPRM Comment Period 
End 04/17/96  Final Action 05/16/96 (61 FR 24858)

Small Entities Affected: None

Government Levels Affected: None

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

RIN: 1215-AA93
_______________________________________________________________________




1841.  TECHNICAL AMENDMENTS OF RULES RELATING TO LABOR-
MANAGEMENT STANDARDS AND STANDARDS OF CONDUCT FOR FEDERAL SECTOR LABOR 
ORGANIZATIONS

Priority:  Info./Admin./Other

Legal Authority:  Secretary's Order 5-96

CFR Citation:  29 CFR 401 to 406; 29 CFR 408 to 409; 29 CFR 417; 29 CFR 
451 to 453; 29 CFR 457 to 459

Legal Deadline: None

Abstract: This final rule makes technical amendments relating to the 
reorganization established by Secretary Order 5-96 and the enactment of 
the Congressional Accountability Act.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Final Action                    02/10/97                     62 FR 6090
Final Action Effective          02/10/97

Small Entities Affected: None

Government Levels Affected: None

Agency Contact: Kay H. Oshel, Chief, Division of Interpretations and, 
Standards, OLMS, 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-AB16
_______________________________________________________________________


DEPARTMENT OF LABOR (DOL)                           Proposed Rule Stage


Employment and Training Administration (ETA)



_______________________________________________________________________




1842. AIRLINE DEREGULATION: EMPLOYEE BENEFIT PROGRAM

Priority:  Other Significant

Legal Authority:  49 USC 1552

CFR Citation:  20 CFR 618

Legal Deadline: None

Abstract: U.S. District Court for the District of Columbia held that 
section 43 of the Airline Deregulation Act was unconstitutional. On 
July 16, 1985, the U.S. Court of Appeals decided that the employee 
protection provisions of section 43 were severable from the legislative 
veto provisions. The U.S. Supreme Court ruled on March 25, 1987 that 
the legislative veto provisions were unconstitutional but the first 
right-to-hire provisions were constitutional, therefore, rulemaking can 
proceed on the monetary benefits aspect of the employee protection 
provisions. In 1991 the DOT determined there were no job losses due to 
deregulation. In September 1993, the U.S. District Court for the 
District of Columbia ordered the DOT to develop broader guidelines to 
apply to the air carriers, which may result in a finding of job losses 
due to deregulation. 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                            06/00/97
NPRM Comment Period End         08/00/97
Final Action                    02/00/98

Small Entities Affected: None

[[Page 21950]]

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
_______________________________________________________________________




1843. 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                            06/00/97
NPRM Comment Period End         07/00/97
Final Action                    07/00/98

Small Entities Affected: Undetermined

Government Levels Affected: Tribal

Agency Contact: Anna Goddard, 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
_______________________________________________________________________




1844. 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
_______________________________________________________________________


DEPARTMENT OF LABOR (DOL)                              Final Rule Stage


Employment and Training Administration (ETA)



_______________________________________________________________________




1845. DISASTER UNEMPLOYMENT ASSISTANCE PROGRAM, AMENDMENT TO REGULATIONS

Priority:  Other Significant

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

CFR Citation:  20 CFR 625

Legal Deadline: None

Abstract: Experience in several recent disasters has highlighted the 
complexity and time-consuming nature of the monetary benefit provisions 
of the current regulations and brought into question other provisions 
of the current regulations which are perceived to be unduly restrictive 
and/or result in perceived inequities in some disaster situations. 
These issues will be addressed in two stages. First, an ANPRM was 
published, with a 60-day comment period, on 12/08/94 at 59 FR 63670. 
This ANPRM outlined provisions in the Disaster Unemployment Assistance 
(DUA) program regulations (20 CFR part 625), other than the monetary 
benefit provisions, that have come into question and solicits public 
comment and suggestions relative to these provisions and on other 
provisions for review and potential revision in a future NPRM. Second, 
an interim final rule was published May 11, 1995, with a 60-day comment 
period. This rule simplified the monetary assistance provisions by 
removing cumbersome 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.

[[Page 21951]]

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
Second Interim Final Rule       04/00/97
NPRM                            06/00/97
NPRM Comment Period End         08/00/97
Final Action                    02/00/98

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
_______________________________________________________________________




1846. 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                    12/00/97

Small Entities Affected: None

Government Levels Affected: None

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

RIN: 1205-AB05
_______________________________________________________________________




1847. 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. 
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                    12/00/97

Small Entities Affected: None

Government Levels Affected: None

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

RIN: 1205-AB07
_______________________________________________________________________




1848. 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                    06/00/97

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

[[Page 21952]]

_______________________________________________________________________


DEPARTMENT OF LABOR (DOL)                             Long-Term Actions


Employment and Training Administration (ETA)



_______________________________________________________________________




1849. 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
_______________________________________________________________________




1850. LABOR CERTIFICATION PROCESS FOR THE PERMANENT EMPLOYMENT OF ALIENS 
IN THE UNITED STATES

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

CFR Citation:  20 CFR 656

Legal Deadline: None

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

Timetable: Next Action Undetermined

Small Entities Affected: None

Government Levels Affected: State, Federal

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

RIN: 1205-AA66
_______________________________________________________________________




1851. 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
_______________________________________________________________________




1852. 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

________________________________________________________________________

ANPRM                           01/16/97                     62 FR 2543
ANPRM Comment Period End        03/17/97
NPRM                            00/00/00

Small Entities Affected: Undetermined

Government Levels Affected: State

Agency Contact: Sandra King, Chief, Division of Performance Review, 
Department of Labor, Employment and Training Administration, 200 
Constitution Avenue NW., Room S4522, FP Building, Washington, DC 20210
Phone: 202 219-5200

RIN: 1205-AB10
_______________________________________________________________________




1853.  ESTABLISHMENT OF FEES FOR IMMIGRATION PROGRAMS 
ADMINISTERED BY THE EMPLOYMENT AND TRAINING ADMINISTRATION

Priority:  Other Significant

Legal Authority:  Not yet determined

[[Page 21953]]

CFR Citation:  Not yet determined

Legal Deadline: None

Abstract: The regulation would implement a provision in the President's 
budget proposal that would establish a new fee charged to employers, 
for processing of alien labor certification and attestation 
applications by the Department of Labor (DOL) and State Employment 
Security Agencies. The user fee would be proposed in the FY 1998 
Reconciliation Bill. The user fee would be a government receipt and 
would be applied to Federal and State expenditures for Federal and 
State program administration in the State Unemployment Insurance and 
Employment Service account and the Program Operations Account in DOL's 
Employment and Training Administration (ETA).

Timetable: Next Action Undetermined

Small Entities Affected: None

Government Levels Affected: State, Local

Additional Information: Funding of ETA immigration programs has been 
reduced by 39 percent since FY 1995. The fee proceeds would be used to 
offset the costs of administering the alien labor certification 
program. However, in each of Fiscal Years 1998 and 1999 regular 
appropriations of $41 million would be required in addition to user 
fees to work off a large backlog of applications already in the 
pipeline and future growing backlogs created primarily by 
appropriations reduction in FY 1996 and 1997.

Agency Contact: James Norris, Director, Division of Foreign Labor 
Certification, Department of Labor, Employment and Training 
Administration, 200 Constitution Avenue NW., Room N4641, FP Building, 
Washington, DC 20210
Phone: 202 219-5263
Fax: 202 219-5844
Email: [email protected]

RIN: 1205-AB14
_______________________________________________________________________


DEPARTMENT OF LABOR (DOL)                                 Prerule Stage


Pension and Welfare Benefits Administration (PWBA)



_______________________________________________________________________




1854.  RELATING RELATING TO NOTICE REQUIREMENTS FOR CONTINUATION 
OF HEALTH CARE COVERAGE

Priority:  Substantive, Nonsignificant

Legal Authority:  29 USC 1135; 29 USC 1136

CFR Citation:  Not yet determined

Legal Deadline: None

Abstract: This rulemaking will provide guidance concerning the 
notification requirements pertaining to continuation coverage under the 
Employee Retirement Income Security Act of 1974 (ERISA). Section 606 of 
ERISA requires that group health plans provide employees notification 
of the continuation coverage provisions of the plan and establishes 
notification obligations upon plan administrators, employers, employees 
and qualified beneficiaries relating to certain qualifying events.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           12/00/97

Small Entities Affected: Undetermined

Government Levels Affected: None

Agency Contact: Susan Lahne, Senior Pension Law Specialist, Department 
of Labor, Pension and Welfare Benefits Administration, 200 Constitution 
Avenue NW., Room N5669, FP Building, Washington, DC 20210
Phone: 202 219-0521

RIN: 1210-AA60
_______________________________________________________________________


DEPARTMENT OF LABOR (DOL)                           Proposed Rule Stage


Pension and Welfare Benefits Administration (PWBA)



_______________________________________________________________________




1855. REVISION OF THE FORM 5500 SERIES AND IMPLEMENTING AND RELATED 
REGULATIONS UNDER THE EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974 
(ERISA)

Priority:  Economically 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.

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

CFR Citation:  Not yet determined

Legal Deadline: None

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

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            09/00/97

[[Page 21954]]

Small Entities Affected: Undetermined

Government Levels Affected: Undetermined

Agency Contact: John J. Canary, Supervisory Pension Law Specialist, 
Department of Labor, Pension and Welfare Benefits Administration, 200 
Constitution Avenue NW., Room N5669, Washington, DC 20210
Phone: 202 219-8521

RIN: 1210-AA52
_______________________________________________________________________




1856. 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.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            04/00/97

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
_______________________________________________________________________




1857. 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.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Request for Comments            03/13/97                    62 FR 11424
NPRM Comment Period End         05/12/97
Interim Final Rule              09/00/97

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
_______________________________________________________________________




1858. 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) specifies 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 
Determinations, 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
_______________________________________________________________________




1859.  AMENDMENT OF REGULATIONS RELATING TO DEFINITIONS OF 
``PLAN ASSETS'' - PARTICIPANT CONTRIBUTIONS (SIMPLE PLAN)

Priority:  Substantive, Nonsignificant

Legal Authority:  PL 93-406, Sec 505 of ERISA, 88 STAT 894, 29 USC 
1135; Sec 102 of Reorg. Plan No. 4 of 1978 (43 FR 47713, 10/17/78); 
Secretary of Labor's Order No. 1- 87 (52 FR 13139, 4/21/87)

[[Page 21955]]

CFR Citation:  29 CFR 2510.3-102

Legal Deadline: None

Abstract: The purpose of this rulemaking is to harmonize the rules 
under Title I of ERISA concerning when participant contributions will 
be considered assets of the plan with a recent amendment of Section 
408(p) of the Internal Revenue Code Section 1426 of the Small Business 
Job Protection Act of 1996, P.L. 104-108) which specifies a different 
maximum time period for depositing salary reduction elective 
contributions to Savings Incentive Match Plans for Employees (SIMPLE 
plans) involving Individual Retirement Accounts (IRAs). Specifically, 
this amendment of the Department's plan asset - participant 
contributions regulation will provide for a maximum time period with 
respect to SIMPLE plans of 30 days following the last day of the month 
with respect to which the contributions are made, consistent with 
Section 408) of the Code.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            03/27/97                    63 FR 14760
NPRM Comment Period End         05/27/97
Interim Final Rule              09/00/97

Small Entities Affected: Undetermined

Government Levels Affected: None

Agency Contact: Amy Scheingold, Pension Laws Specialist, Department of 
Labor, Pension and Welfare Benefits Administration, 200 Constitution 
Avenue NW., Room N5669, FP Building, Washington, DC 20210
Phone: 202 219-8671
Fax: 202 219-7291

RIN: 1210-AA59
_______________________________________________________________________


DEPARTMENT OF LABOR (DOL)                              Final Rule Stage


Pension and Welfare Benefits Administration (PWBA)



_______________________________________________________________________




1860. 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
Final Action                    09/00/97

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
_______________________________________________________________________




1861. 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
_______________________________________________________________________




1862. REGULATIONS IMPLEMENTING THE HEALTH CARE ACCESS, PORTABILITY AND 
RENEWABILITY PROVISIONS OF THE HEALTH INSURANCE PORTABILITY AND 
ACCOUNTABILITY ACT OF 1996

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

Unfunded Mandates: Undetermined

Legal Authority:  PL 104-91 section 101; 29 USC 1027; 29 USC 1059; 29 
USC 1135; 29 USC 1171; 29 USC 1172; 29 USC 1177

CFR Citation:  Not yet determined

Legal Deadline:  NPRM, Statutory, April 1, 1997.
Per Section 707 of ERISA, as added by Section 101 of HIPAA

[[Page 21956]]

Abstract: The Health Insurance Portability and Accountability Act of 
1996 (HIPAA) amended Title I of ERISA by adding a new Part 7, designed 
to improve health care access, portability and renewability. This 
rulemaking will provide regulatory guidance to implement these 
provisions. The rule will be published on an interim final basis with a 
request for comments.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              04/08/97                    62 FR 16894
Interim Final Rule Effective    06/07/97
Interim Final Rule Comment 
Period End                      07/07/97

Small Entities Affected: Undetermined

Government Levels Affected: None

Agency Contact: Daniel J. Maguire, Senior Legislative and Regulatory 
Attorney, Plan Benefits Security Division, Department of Labor, Pension 
and Welfare Benefits Administration, 200 Constitution Avenue NW., Room 
N-4611, FP Building, Washington, DC 20210
Phone: 202 219-4592

RIN: 1210-AA54
_______________________________________________________________________




1863. AMENDMENT OF SUMMARY PLAN DESCRIPTION AND RELATED ERISA 
REGULATIONS TO IMPLEMENT STATUTORY CHANGES IN THE HEALTH INSURANCE 
PORTABILITY AND ACCOUNTABILITY ACT OF 1996

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

Unfunded Mandates: Undetermined

Legal Authority:  PL 104-191 section 101; PL 104-204 section 603

CFR Citation:  29 CFR 2520.102-3; 29 CFR 2520.104b-1; 29 CFR 2520.104b-
3

Legal Deadline:  NPRM, Statutory, April 1, 1997.
Per Section 707 of ERISA, as added by Section 101 of HIPAA.

Abstract: The Health Insurance Portability and Accountability Act of 
1996 (HIPAA) amended ERISA's summary plan description (SPD) and related 
reporting and disclosure provisions to require that participants and 
beneficiaries receive from their group health plans: (i) more timely 
notice if there is a material reduction in services or benefits under 
the plan; (ii) more information regarding the financing and 
administration of the plan; and (iii) specific identification of 
Department of Labor offices through which they can seek assistance or 
information about HIPAA. This rulemaking will amend the Department's 
SPD and related regulations to implement those statutory changes. The 
rule will be published on an interim final basis with a request for 
comments.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              04/08/97                    62 FR 16979
Interim Final Rule Comment 
Period End                      05/31/97
Interim Final Rule Effective    06/01/97

Small Entities Affected: Undetermined

Government Levels Affected: None

Agency Contact: John J. Canary, 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: 202 219-8521

RIN: 1210-AA55
_______________________________________________________________________


DEPARTMENT OF LABOR (DOL)                             Long-Term Actions


Pension and Welfare Benefits Administration (PWBA)



_______________________________________________________________________




1864. 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
_______________________________________________________________________




1865. 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

[[Page 21957]]

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
_______________________________________________________________________




1866. 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.

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

CFR Citation:  29 CFR 2520

Legal Deadline: None

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

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

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


Next Action Undetermined

Small Entities Affected: Undetermined

Government Levels Affected: Undetermined

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

RIN: 1210-AA44
_______________________________________________________________________


DEPARTMENT OF LABOR (DOL)                                 Prerule Stage


Mine Safety and Health Administration (MSHA)



_______________________________________________________________________




1867. 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.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           04/00/97

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
Fax: 703 235-5551
Email: [email protected]

RIN: 1219-AA94
_______________________________________________________________________




1868. 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

[[Page 21958]]

Fax: 703 235-5551
Email: [email protected]

RIN: 1219-AB02
_______________________________________________________________________


DEPARTMENT OF LABOR (DOL)                           Proposed Rule Stage


Mine Safety and Health Administration (MSHA)



_______________________________________________________________________




1869. DIESEL PARTICULATE

Priority:  Other Significant

Legal Authority:  30 USC 811

CFR Citation:  Not yet determined

Legal Deadline: None

Abstract: Several epidemiological studies have found that diesel 
exhaust presents potential health risks to workers. These possible 
health effects range from headaches and nausea to respiratory disease 
and cancer. In 1988, the National Institute for Occupational Safety and 
Health recommended that ``whole diesel exhaust be regarded as a 
potential occupational carcinogen.'' In addition, in 1989 the 
International Agency for Research on Cancer concluded that ``diesel 
engine exhaust is probably carcinogenic to humans.''
In 1988, a Secretarial advisory committee made recommendations to the 
Secretary of Labor concerning safety and health standards for the use 
of diesel-powered equipment in underground coal mines. One of the 
recommendations was for the Secretary of Labor to set in motion a 
mechanism whereby a diesel particulate standard could be set. Based on 
that recommendation, the Mine Safety and Health Administration (MSHA) 
published an advance notice of proposed rulemaking, in January 1992, 
seeking information relative to exposure limits, risk assessment, 
sampling and monitoring methods, and control feasibility. Because of 
the potential health risk to miners from exposure to diesel 
particulate, MSHA is investigating a variety of approaches that would 
control the exposure of miners to diesel particulate. In 1995, MSHA 
held a series of three public workshops bringing together U.S. 
organizations having a vested interest in limiting the exposure of 
miners to diesel particulate. The information gathered during these 
workshops supplements the information obtained as a result of the ANPRM 
and includes suggestions for possible approaches that would limit 
miners' exposure to diesel particulate.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           01/06/92                      57 FR 500
ANPRM Comment Period End        07/10/92                     57 FR 7906
NPRM                            07/00/97

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
Email: [email protected]

RIN: 1219-AA74
_______________________________________________________________________




1870. 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                            11/00/97

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
Fax: 703 235-5551
Email: [email protected]

RIN: 1219-AA76
_______________________________________________________________________




1871. ADVISORY COMMITTEE ON THE ELIMINATION OF PNEUMOCONIOSIS AMONG COAL 
MINERS

Priority:  Other Significant

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

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

Legal Deadline: None

Abstract: The Federal Coal Mine Health and Safety Act of 1969 
established the first comprehensive respirable dust standards for coal 
mines. These standards were designed to reduce the incidence of coal 
workers' pneumoconiosis (``black lung'') and silicosis and eventually 
eliminate these diseases. While significant progress has been made 
toward improving the health conditions in our Nation's coal mines, 
miners continue to be at risk of developing occupational lung disease,

[[Page 21959]]

according to the National Institute for Occupational Safety and Health 
(NIOSH). In January 1995, the Secretary of Labor established an 
advisory committee to make recommendations for the elimination of black 
lung and silicosis among coal miners. The advisory committee convened 
in February 1996, concluded its series of 5 public meetings in July 
1996, and in November 1996, the Advisory Committee submitted its report 
to the Secretary. The report contained numerous recommendations 
directed toward elimination of coal workers pneumoconiosis and 
silicosis. MSHA has completed a preliminary review of the Advisory 
Committee's recommendations. There are 20 principal recommendations. 
These recommendations are both extensive and significant, and warrant 
thorough consideration by the Agency. MSHA is consequently proceeding 
with an in-depth evaluation of the recommendations and will respond to 
them in an orderly fashion. Some of the recommendations can be 
implemented through internal administrative policy; while action on 
other recommendations may require rulemaking. MSHA is also considering 
actions other than rulemaking. MSHA will notify the mining community as 
it makes determinations regarding implementation of the Advisory 
Committee recommendations.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Availability of Recommendations 11/26/96                    61 FR 60120
Agency Response to Advisory 
Committee Recommendations       01/24/97                     62 FR 3717
Issue Policy Document Phase 1   04/00/97
NPRM - Phase 2                  07/00/97

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
Fax: 703 235-5551
Email: [email protected]

RIN: 1219-AA81
_______________________________________________________________________




1872. 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                            12/00/97

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
Fax: 703 235-5551
Email: [email protected]

RIN: 1219-AA83
_______________________________________________________________________




1873. 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                            12/00/97

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
Email: [email protected]

RIN: 1219-AA96
_______________________________________________________________________




1874. IMPROVING AND ELIMINATING REGULATIONS

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; 30 USC 957

CFR Citation:  30 CFR 1 to 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

[[Page 21960]]

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                       04/00/97
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
NPRM - Phase 3 Update to 
Reference IR 1240               00/00/00

Small Entities Affected: Businesses

Government Levels Affected: Undetermined

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
Fax: 703 235-5551
Email: [email protected]

RIN: 1219-AA98
_______________________________________________________________________




1875. 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                            04/00/97
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 Boulevard, Room 631, Arlington, VA 22203
Phone: 703 235-1910
Fax: 703 235-5551
Email: [email protected]

RIN: 1219-AB00
_______________________________________________________________________




1876. 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
Email: [email protected]

RIN: 1219-AB01
_______________________________________________________________________




1877.  CRITERIA AND PROCEDURES FOR PROPOSED ASSESSMENT OF CIVIL 
PENALTIES

Priority:  Info./Admin./Other

Legal Authority:  30 USC 957; PL 104-134 Debt Collection Improvement 
Act of 1996

CFR Citation:  30 CFR 100

Legal Deadline:  Final, Statutory, October 26, 1996.

Abstract: This proposed rule would revise the Mine Safety and Health 
Administration's (MSHA) statutory penalties found in Sections 110(a), 
110(b), 110(c), and 110(g) of the Mine Act and the specific penalty 
amounts established in 30 CFR Part 100 as mandated by the Debt 
Collection Improvement Act of 1996 (DCIA). The DCIA requires that civil 
penalities be increased by up to 10 percent within 6 months of its 
enactment. It also requires subsequent increases at least once every 4 
years using a formula based on the Consumer Price Index. MSHA is 
issuing a proposed rule for notice and comment.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            04/00/97

Small Entities Affected: Businesses

Government Levels Affected: None

[[Page 21961]]

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
Email: [email protected]

RIN: 1219-AB03
_______________________________________________________________________


DEPARTMENT OF LABOR (DOL)                              Final Rule Stage


Mine Safety and Health Administration (MSHA)



_______________________________________________________________________




1878. 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
Fax: 703 235-5551
Email: [email protected]

RIN: 1219-AA47
_______________________________________________________________________




1879. AIR QUALITY, CHEMICAL SUBSTANCES, AND RESPIRATORY PROTECTION 
STANDARDS

Priority:  Other Significant

Unfunded Mandates: This action may affect State, local or tribal 
governments.

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. MSHA will be 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            09/00/97
Final Action Phase 3 - PELS     10/00/97

Small Entities Affected: Businesses

Government Levels Affected: State, Local, Tribal, Federal

Agency Contact: Patricia W. Silvey, Director, Office of Standards, 
Regulations, and Variances, Department of Labor, Mine Safety and Health 
Administration, 4015 Wilson Boulevard, Room 631, Arlington, VA 22203
Phone: 703 235-1910
Fax: 703 235-5551
Email: [email protected]

RIN: 1219-AA48
_______________________________________________________________________




1880. NOISE STANDARD

Priority:  Other Significant

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

Legal Authority:  30 USC 811

CFR Citation:  30 CFR 56; 30 CFR 57; 30 CFR 62; 30 CFR 70; 30 CFR 71

Legal Deadline: None

Abstract: Many miners are exposed consistently to noise levels that are 
at or near maximum levels currently permitted by Mine Safety and Health 
Administration (MSHA) regulations. Notwithstanding MSHA's enforcement 
of its current noise regulations, miners are continuing to incur 
hearing impairment. Data indicate that protective action needs to be 
taken at a lower noise level than is currently required. MSHA has 
published a proposed rule that would establish

[[Page 21962]]

uniform noise standards to apply to all mining, and which would require 
additional measures to protect miners, such as hearing protection and 
audiometric testing.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           12/04/89                    54 FR 50209
ANPRM Comment Period End        06/22/90                     55 FR 6011
NPRM                            12/17/96                    61 FR 66348
Extension of Comment Period to 
to 4/21/97; Notice of Public 
Hearings                        02/06/97                     62 FR 5554
NPRM Comment Period End         02/18/97
Final Action                    10/00/97

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
Fax: 703 235-5551
Email: [email protected]

RIN: 1219-AA53
_______________________________________________________________________




1881. LONGWALL EQUIPMENT (INCLUDING HIGH-VOLTAGE)

Priority:  Other Significant

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

Legal Authority:  30 USC 811; 30 USC 957

CFR Citation:  30 CFR 18; 30 CFR 75

Legal Deadline: None

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

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                    08/00/97

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
Fax: 703 235-5551
Email: [email protected]

RIN: 1219-AA75
_______________________________________________________________________




1882. MINE SHIFT ATMOSPHERIC CONDITION; RESPIRABLE DUST SAMPLE

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 rescind their 
earlier joint finding published in July 1971 and affirmed in February 
1972. MSHA believes that enforcement based on single, full-shift 
respirable dust 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
Supplemental Data to Record     09/30/94                    59 FR 50007
Reopen Record                   03/12/96                    61 FR 10012
Final Action                    07/00/97

Small Entities Affected: Businesses

Government Levels Affected: Federal

Additional Information: MSHA supplemented the record with additional 
information on September 9, 1994, with a notice in the Federal Register 
on September 30, 1994. The record closed November 30, 1994 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
Fax: 703 235-5551
Email: [email protected]

RIN: 1219-AA82

[[Page 21963]]

_______________________________________________________________________


DEPARTMENT OF LABOR (DOL)                             Long-Term Actions


Mine Safety and Health Administration (MSHA)



_______________________________________________________________________




1883. CONFINED SPACES

Priority:  Substantive, Nonsignificant

Legal Authority:  30 USC 811

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

Legal Deadline: None

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

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

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

Small Entities Affected: Businesses

Government Levels Affected: None

Agency Contact: Patricia W. Silvey, Director, Office of Standards, 
Regulations, and Variances, Department of Labor, Mine Safety and Health 
Administration, 4015 Wilson Boulevard, Room 631, Arlington, VA 22203
Phone: 703 235-1910
Fax: 703 235-5551
Email: [email protected]

RIN: 1219-AA54
_______________________________________________________________________




1884. 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 may 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
Fax: 703 235-5551
Email: [email protected]

RIN: 1219-AA72
_______________________________________________________________________




1885. 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
Fax: 703 235-5551
Email: [email protected]

RIN: 1219-AA79
_______________________________________________________________________




1886. 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
Public Hearing                  04/30/96                    61 FR 15743
Comment Period Closed           05/31/96                    61 FR 15743
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.

[[Page 21964]]

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
Email: [email protected]

RIN: 1219-AA87
_______________________________________________________________________




1887. 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.

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
Fax: 703 235-5551
Email: [email protected]

RIN: 1219-AA90
_______________________________________________________________________




1888. 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
Public Hearing                  05/02/95                    60 FR 16589
Record Closed                   06/05/95                    60 FR 16558
Extension of Comment Period     02/05/96                    60 FR 65509
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
Fax: 703 235-5551
Email: [email protected]

RIN: 1219-AA92
_______________________________________________________________________




1889. 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
Fax: 703 235-5551
Email: [email protected]

RIN: 1219-AA93

[[Page 21965]]

_______________________________________________________________________


DEPARTMENT OF LABOR (DOL)                           Proposed Rule Stage


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



_______________________________________________________________________




1890. 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)



_______________________________________________________________________




1891. DEPARTMENT OF LABOR ACQUISITION REGULATION

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 the 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, Director, Office of the Acquisition 
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)



_______________________________________________________________________




1892. STANDARDS ADVISORY COMMITTEE ON METALWORKING FLUIDS

Priority:  Economically Significant. Major under 5 USC 801.

Legal Authority:  Section 6(b)(1) and 7(b) of the OSH Act; 29 USC 
655(b)(1); 29 USC 656(b)

CFR Citation:  Not yet determined

Legal Deadline: None

Abstract: In December 1993, the International Union, United Automobile, 
Aerospace and Agricultural Implement Workers of America (UAW) 
petitioned OSHA to take emergency regulatory action to protect workers 
from the risks of occupational cancers and respiratory illnesses due to 
exposure to metalworking fluids. In July 1994, OSHA sent an interim 
response to the UAW stating that the decision to proceed with 
rulemaking would depend on the results of the OSHA Priority Planning 
Process. Following the December 1995 Priority Planning Process report, 
which identified metalworking fluids as an issue worthy of Agency 
action, the Assistant Secretary asked the National Advisory Committee 
on Occupational Safety and Health (NACOSH) for a recommendation about 
how to proceed with a rulemaking for metalworking fluids. In May 1996, 
NACOSH unanimously recommended that OSHA form a Standards Advisory 
Committee (SAC) to address the health risks caused by occupational 
exposure to metalworking fluids. The Assistant Secretary accepted the 
recommendation of NACOSH; OSHA intends to establish a 15-member SAC to 
make recommendations regarding a proposed

[[Page 21966]]

rule for occupational exposure to metalworking fluids under Sections 
6(b)(1) and 7(b) of the Occupational Safety and Health Act. The 
Committee is required to have a balanced membership, including 
individuals appointed to represent the following affected interests: 
industry; labor; federal and state safety and health organizations; 
professional organizations; and national standards-setting groups.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Appointed Names                 04/00/97
Charter                         04/00/97

Small Entities Affected: Businesses, Organizations

Government Levels Affected: None

Additional Information: The Agency is particularly concerned with the 
potential impact a metalworking fluids rule would have on small 
businesses. OSHA has been working closely with the Small Business 
Administration to reach small employers to involve them in the process 
at the earliest possible time. At least 30 small business interests 
have been identified to date. The Agency is required to have balanced 
committee representation, and small business will be represented on the 
SAC.

Agency Contact: Adam M. Finkel, Director, Directorate of 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

RIN: 1218-AB58
_______________________________________________________________________




1893. CONTROL OF HAZARDOUS ENERGY SOURCES (LOCKOUT/TAGOUT) (SECTION 610 
REVIEW)

Priority:  Info./Admin./Other

Legal Authority:  29 USC 655(b); 5 USC 553; 5 USC 610

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.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

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

Small Entities Affected: Businesses

Government Levels Affected: None

Agency Contact: Marthe Kent, Director, Office of Regulatory Analysis, 
Department of Labor, Occupational Safety and Health Administration, 200 
Constitution Avenue NW., Room N-3627, FP Building, Washington, DC 20210
Phone: 202 219-4690
Fax: 202 219-4383

RIN: 1218-AB59
_______________________________________________________________________




1894. OCCUPATIONAL EXPOSURE TO ETHYLENE OXIDE (SECTION 610 REVIEW)

Priority:  Info./Admin./Other

Legal Authority:  29 USC 655(b); 5 USC 553; 5 USC 610

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: Marthe Kent, Director, Office of Regulatory Analysis, 
Department of Labor, Occupational Safety and Health Administration, 200 
Constitution Avenue NW., Room N-3718, FP Building, Washington, DC 20210
Phone: 202 219-4690
Fax: 202 219-4383

RIN: 1218-AB60
_______________________________________________________________________




1895.  FIRE BRIGADES

Priority:  Other Significant

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

CFR Citation:  29 CFR 1910.156

Legal Deadline: None

Abstract: Fighting fires as members of fire brigades presents a 
significant risk of harm to employees. To mitigate these risks, OSHA 
promulgated a standard for fire brigades in 1980. However, the standard 
is now over 16 years old and does not reflect current advances in 
technology and safety. Consequently, the existing fire brigade standard 
would be revised to reflect the latest technology in safety, 
particularly with respect to personal protective equipment and 
emergency procedures. Gaps in coverage would also be addressed since 
the existing fire brigade standard does not cover wildland fire 
fighting or crash-rescue type fire fighting. Additionally, the fire 
brigade standard would be revised to better interface with the OSHA 
Hazardous Waste operations and Emergency Response Standard. The 
revision to the fire brigade standard would be initiated using the 
Negotiated Rulemaking process.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Notice of Intent to form 
Negotiated Rulemaking Committee 
for Fire Brigades               06/00/97

Small Entities Affected: Businesses

Government Levels Affected: None

Agency Contact: John F. Martonik, Acting Director, Directorate of 
Safety Standards Programs, Department of Labor, Occupational Safety and 
Health Administration, 200 Constitution Avenue NW., Room N3605, FP 
Building, Washington, DC 20210
Phone: 202 219-8061
Fax: 202 219-7477
Email: [email protected]

RIN: 1218-AB64

[[Page 21967]]

_______________________________________________________________________


DEPARTMENT OF LABOR (DOL)                           Proposed Rule Stage


Occupational Safety and Health Administration (OSHA)



_______________________________________________________________________




1896. STEEL ERECTION (PART 1926) (SAFETY PROTECTION FOR IRONWORKING)

Priority:  Economically 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; 40 USC 333

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

Legal Deadline: None

Abstract: On December 29, 1992, the Occupational Safety and Health 
Administration (OSHA) announced its intention to form a negotiated 
rulemaking advisory committee to negotiate issues associated with a 
revision of the existing steel erection standard. The Steel Erection 
Negotiated Rulemaking Advisory Committee (SENRAC), a 20-member 
committee, was established, and the SENRAC charter was signed by 
Secretary Reich on May 26, 1994, and was recently re-chartered for a 2-
year period. Four of the primary issues the committee has negotiated 
include the need to expand the scope and application of the existing 
standard, construction specifications and work practices, written 
construction safety erection plans , and fall protection. The Committee 
met 11 times over an 18-month period and completed work on the draft 
regulatory text for the proposed steel erection standard on December 1, 
1995.
The negotiated rulemaking process has been successful in bringing 
together the interested parties that will be affected by the proposed 
revision to the steel erection rule to work out contrasting positions, 
find common ground on the major issues, and develop language for a 
proposed rule. The use of this process and a neutral facilitator 
allowed the stakeholders to develop an ownership stake in the proposal 
that they would not have had without the use of this process.
The process has led to a draft revision to subpart R of 29 CFR 1926 
that contains innovative provisions that will help to minimize the 
major causes of steel erection injuries and fatalities. Many of these 
provisions could not have been developed without this process, which 
has brought together industry experts, via face-to-face negotiations, 
to discuss different approaches to resolving the issues. This process 
has proved mutually beneficial to all the parties involved (including 
OSHA), with each Committee member participating in resolving the issues 
and developing practical and effective rules to make the steel erection 
industry safer.
The Agency benefitted from this process by having industry members 
participate and add to the Agency's knowledge about steel erection. 
Also, the Agency has been able to work together constructively with the 
various parties and has avoided the adversarial environment that 
sometimes develops during OSHA rulemaking. The negotiated rulemaking 
process will enable the Agency to publish a proposal and go from 
proposal to final rule more quickly and with less controversy than 
would otherwise have been possible.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Notice of Committee 
Establishment                   05/11/94                    59 FR 24389
NPRM                            09/00/97

Small Entities Affected: Businesses

Government Levels Affected: None

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

RIN: 1218-AA65
_______________________________________________________________________




1897. SAFETY AND HEALTH PROGRAMS (FOR GENERAL INDUSTRY)

Priority:  Economically Significant. Major under 5 USC 801.

Legal Authority:  29 USC 655

CFR Citation:  29 CFR 1910; 29 CFR 1928

Legal Deadline: None

Abstract: The Occupational Safety and Health Administration (OSHA), 
many of the States, members of the safety and health community, 
insurance companies, professional organizations, companies 
participating in the Agency's Voluntary Protection Program, and many 
proactive employers in all industries have recognized the value of 
worksite-specific safety and health programs in preventing job-related 
injuries, illnesses, and fatalities. The effectiveness of these 
programs is seen most dramatically in the reductions in job-related 
injuries and illnesses, workers' compensation costs, and absenteeism 
that occur after employers implement such programs. To assist employers 
in establishing safety and health programs, OSHA in 1989 (54 FR 3904) 
published nonmandatory guidelines that were based on a distillation of 
the best safety and health management practices observed by OSHA in the 
years since the Agency was established. OSHA's decision to expand on 
these guidelines by developing a safety and health programs rule is 
based on the Agency's recognition that occupational injuries, 
illnesses, and fatalities are continuing to occur at an unacceptably 
high rate, for example; an average of 17 workers were killed each day 
in 1995 in occupational fatalities.
Although the precise scope of the standard (e.g., what industries will 
be covered, what sizes of firms will be covered) has not yet been 
determined, the safety and health programs contained in the proposed 
rule will include at least the following elements: management 
leadership of the program; active employee participation in the 
program; analysis of the worksite to identify serious safety and health 
hazards of all types; and requirements that employers eliminate or 
control those hazards in an effective and timely way. OSHA is also 
developing a program evaluation directive and a program evaluation 
profile to be used by compliance officers to evaluate the completeness 
and effectiveness of an employer's safety and health program. Employers 
who have effective programs will receive penalty reductions for any 
cited violations found by the compliance officer. OSHA believes that 
the effect of these enforcement initiatives, coupled with the 
regulatory requirements of the safety and health programs rule, will 
act as incentives to employers to establish safety and health programs 
that protect workers, enhance productivity, and decrease employer 
costs. In addition, in response to extensive stakeholder involvement, 
OSHA has, among other things, focused the rule on serious hazards, 
deleted

[[Page 21968]]

required medical surveillance, and reduced burdens on small business.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            09/00/97

Small Entities Affected: Businesses

Government Levels Affected: Undetermined

Additional Information: Separate standards are being developed for the 
construction (29 CFR 1926) and the maritime (29 CFR 1915, 1917 and 
1918) industries, which are being coordinated with this standard.

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

RIN: 1218-AB41
_______________________________________________________________________




1898. OCCUPATIONAL EXPOSURE TO TUBERCULOSIS

Priority:  Economically Significant. Major under 5 USC 801.

Legal Authority:  29 USC 655(b)

CFR Citation:  29 CFR 1910.1035

Legal Deadline: None

Abstract: On August 25, 1993, the Occupational Safety and Health 
Administration (OSHA) was petitioned by the Labor Coalition to Fight TB 
in the Workplace to initiate rulemaking for a permanent standard to 
protect workers against occupational transmission of tuberculosis (TB). 
Although the Centers for Disease Control and Prevention (CDC) have 
developed recommendations for controlling the spread of TB in several 
work settings (e.g., correctional institutions, health-care facilities, 
and homeless shelters), the petitioners stated that in every recent TB 
outbreak investigated by the CDC, noncompliance with CDC's TB control 
guidelines was evident. After reviewing the available information, OSHA 
has preliminarily concluded that significant risk of occupational 
transmission of TB does exist for some workers and has decided to 
initiate a standard 6(b) rulemaking. The Agency is currently developing 
a proposed rule which would require certain employers to take steps to 
eliminate or minimize employee exposure to TB. OSHA already regulates 
the biological hazard of bloodborne pathogens (e.g., HIV, hepatitis B) 
under 29 CFR 1910.1030 and believes that development of a TB standard 
is consistent with the Agency's mission and previous activity.
OSHA is currently pursuing a dialog with parties outside of the Agency 
with regard to the developing proposal. The draft preliminary Risk 
Assessment has been peer-reviewed by four individuals with specific 
knowledge in the areas of tuberculosis and risk assessment. One 
reviewer is from the Centers for Disease Control and Prevention (CDC) 
and three are from academia. In addition, OSHA has conducted 
stakeholder meetings with representatives of relevant professional 
organizations, trade associations, labor unions, and other groups. 
These meetings provided the opportunity for both general and frontline 
stakeholder representatives to present OSHA with their individual 
comments, observations, and concerns about the contents of the draft 
proposal. The draft proposal has also been reviewed and commented on by 
affected small business entities under the Small Business Regulatory 
Enforcement Fairness Act of 1996 (SBREFA).

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            04/00/97

Small Entities Affected: Businesses, Organizations

Government Levels Affected: None

Additional Information: During the rulemaking, OSHA will meet with 
small business stakeholders to discuss their concerns, and will conduct 
an initial Regulatory Flexibility Analysis to identify any significant 
impacts on a substantial number of small entities.

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

RIN: 1218-AB46
_______________________________________________________________________




1899. CONFINED SPACES FOR CONSTRUCTION (PART 1926) (CONSTRUCTION: 
PREVENTING SUFFOCATION/EXPLOSIONS IN CONFINED SPACES)

Priority:  Substantive, Nonsignificant. 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:  29 USC 655(b)

CFR Citation:  29 CFR 1926.36

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 does 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 proposed rule 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
_______________________________________________________________________




1900. 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

[[Page 21969]]

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 shipyard standards that were applied in 
the shipbuilding, shiprepair, and shipbreaking industry. A shipyard 
employer has been subject to both the ``shipyard'' standards and OSHA's 
general industry standards for landside operations. This has sometimes 
resulted in inconsistent. and 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 was endorsed by the 
Shipyard Advisory Committee which was chartered in 1989 to update and 
consolidate existing shipyard standards. The operations that are 
addressed in this rulemaking relate to housekeeping, illumination, 
sanitation, first aid, and lockout/tagout. About 75,000 workers are 
exposed annually to these hazards.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            12/00/97

Small Entities Affected: Undetermined

Government Levels Affected: None

Agency Contact: John Martonik, 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
_______________________________________________________________________




1901. 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 shipyard standards that were applied in 
the shipbuilding, ship repair, and shipbreaking industry. A shipyard 
employer was subject to both the ``shipyard'' standards that and OSHA's 
general industry standards. This sometimes resulted in inconsistent, 
and 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 
was endorsed by the Shipyard Advisory Committee which was chartered in 
1989 to update and consolidate existing shipyard standards. The 
operations that are addressed in this rulemaking 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 negotiated rulemaking process.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            02/00/98

Small Entities Affected: Undetermined

Government Levels Affected: None

Agency Contact: John Martonik, 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
_______________________________________________________________________




1902. PERMISSIBLE EXPOSURE LIMITS (PELS) FOR AIR CONTAMINANTS

Priority:  Economically Significant. Major under 5 USC 801.

Legal Authority:  29 USC 655 (b)

CFR Citation:  Not yet determined

Legal Deadline: None

Abstract: OSHA enforces hundreds of permissible exposure limits (PELs) 
for toxic air contaminants found in U.S. workplaces. These PELs set 
OSHA-enforceable limits on the magnitude and duration of employee 
exposure to each contaminant. The amount of exposure permitted by a 
given PEL depends on the toxicity and other characteristics of the 
particular substance. OSHA's PELs for air contaminants are codified in 
29 CFR 1910.1000, Tables Z-1, Z-2, and Z-3. The air contaminant limits 
were adopted by OSHA in 1971 from existing national consensus standards 
issued by the American Conference of Governmental Industrial Hygienists 
and the American National Standards Institute. These PELs, which have 
not been updated since 1971, thus reflect the results of research 
conducted in the 1950s and 1960s. Since then, much new information has 
become available that indicates that, in most cases, these early limits 
are outdated and insufficiently protective of worker health. To correct 
this situation, OSHA published a proposal in 1988 updating the air 
contaminant limits in general industry. That proposal became a final 
rule in 1989 (54 FR 2332); it lowered the existing PEL for 212 toxic 
air

[[Page 21970]]

contaminants and established PELs for 164 previously unregulated air 
contaminants. On June 12, 1992 (57 FR 26001), OSHA proposed a rule that 
would have extended these limits to workplaces in the construction, 
maritime, and agriculture industries. However, on July 10, 1992, the 
Eleventh Circuit Court of Appeals vacated the 1989 final rule on the 
grounds that ``(1) OSHA failed to establish that existing exposure 
limits in the workplace presented significant risk of material health 
impairment or that new standards eliminated or substantially lessened 
the risk; (2) OSHA did not meet its burden of establishing that its 428 
new permissible exposure limits (PELs) were either economically or 
technologically feasible.'' The Court's decision to vacate the rule 
forced the Agency to return to the earlier, insufficiently protective 
limits.
OSHA continues to believe that establishing a rulemaking approach that 
will permit the Agency to update existing air contaminant limits and 
establish new ones as toxicological evidence of the need to do so 
becomes available is a high priority. The rulemaking described in this 
Regulatory Plan entry reflects OSHA's intention to move forward with 
this process. In determining how to proceed, OSHA is being guided by 
the OSH Act and the Eleventh District Court decision regarding the 
extent of the risk and feasibility analyses required to support revised 
and new air contaminant limits. The Agency will rely on a risk-based 
prioritization system to identify those air contaminants that present 
significant risks to exposed employees and for which technologically 
and economically feasible controls exist. State-of-the-art risk 
assessment methodologies will be utilized for both carcinogens and 
noncarcinogens, and the determinations of feasibility contained in the 
economic analysis accompanying the proposal will be extensive. OSHA 
published (61 FR 1947) the substances selected for proposed new PELs 
for the first update of the air contaminants rule: carbon disulfide, 
carbon monoxide, chloroform, dimethyl sulfate, epichlorohydrin, 
ethylene dichloride, glutaraldehyde, n-hexane, 2-hexanone, hydrazine, 
hydrogen sulfide, manganese and compounds, mercury and compounds, 
nitrogen dioxide, perchloroethylene, sulfur dioxide, toluene, toluene 
diisocyanate, trimellitic anhydride, and vinyl bromide. The specific 
hazards associated with the air contaminants preliminarily selected for 
regulation include cancer, neurotoxicity, respiratory sensitivity, etc. 
As in the Priority Planning Process, OSHA evaluated each substance 
using the following criteria: severity of the health effect, the number 
of exposed workers, toxicity of the substance, uses and prevailing 
exposure levels of the substance, the potential risk reduction, 
availability and quality of information useful in quantitative risk 
assessment to ensure that significant risks are addressed and that 
workers will experience substantial benefits in the form of enhanced 
health and safety. Publication of the proposal will allow OSHA to 
institutionalize a mechanism for updating and extending its air 
contaminant limits, which will, at the same time, provide added 
protection to many workers who are currently being overexposed to toxic 
substances in the workplace.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            12/00/97

Small Entities Affected: Businesses

Government Levels Affected: State, Federal

Additional Information: During the rulemaking,OSHA will meet with small 
business stakeholders to discuss their concerns, and will conduct an 
initial Regulatory Flexibility Analysis to identify any significant 
impacts on a substantial number of small entities.

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

RIN: 1218-AB54
_______________________________________________________________________




1903. REVISION OF CERTAIN STANDARDS PROMULGATED UNDER SECTION 6(A) OF 
THE WILLIAMS-STEIGER OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970

Priority:  Other Significant

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

Legal Authority:  29 USC 655(b); 5 USC 553

CFR Citation:  29 CFR 1910.106; 29 CFR 1910.107; 29 CFR 1910.108; 29 
CFR 1910.94(c); 29 CFR 1910.94(d); 29 CFR 1910.35; 29 CFR 1910.36; 29 
CFR 1910.37; 29 CFR 1910.38

Legal Deadline: None

Abstract: The Occupational Safety and Health Administration (OSHA) 
adopted its initial package of workplace safety and health standards 
from various nationally recognized consensus standards and from 
standards that had already been promulgated by other Federal agencies. 
These standards reflected technologies that were current at the time 
the Williams-Steiger Occupational Safety and Health Act of 1970 (the 
Act) became law. Section 6(a) of the Act permitted OSHA to adopt 
nationally recognized consensus standards, developed by groups such as 
the National Fire Protection Association (NFPA) and the American 
National Standards Institute (ANSI), and existing Federal standards for 
use as OSHA standards without public participation or public comment. 
OSHA refers to the standards it adopted under section 6(a) of the Act 
as ``6(a) standards.'' Since their adoption, many of these 6(a) 
standards have been identified by the regulated community as being 
overly complex, difficult to read and follow, and out of date with 
current technology.
This project is part of a Presidential initiative to respond to the 
general criticism concerning the complexity and obsolescence of certain 
Federal regulations. OSHA believes that some of the Agency's section 
6(a) standards in subpart E and subpart H of part 1910 meet the 
criteria for critical review set forth in the Presidential initiative. 
OSHA has identified the means of egress standard from subpart E and two 
standards from subpart H that need to be revised and updated to 
eliminate their complexity and obsolescence. These standards include 29 
CFR 1910, subpart E - Means of Egress, 29 CFR 1910.107, Spray Finishing 
using flammable and combustible materials; and 29 CFR 1910.108, Dip 
Tanks Containing flammable or combustible materials.

[[Page 21971]]


With this project, OSHA is initiating three separate rulemakings that 
will revise and update three of OSHA's most complex and out-of-date 
section 6(a) standards. These specific sections address means of egress 
(exit routes), spray finishing using flammable and combustible liquids; 
and dip tanks containing flammable and combustible liquids. The 
regulations contained in 29 CFR 1910.35 through 1910.38, 1910.107, and 
1910.108 have long been noted by labor, management, and government for 
their complexity, duplicative nature, and obsolescence. 29 CFR 1910.107 
and 1910.108 also contain substantive ventilation requirements that are 
duplicative with ventilation requirements contained in 29 CFR 1910.94, 
paragraphs (c) and (d).
OSHA intends to issue two separate proposals individually addressing 29 
CFR 1910.107 and 1910.94(c); 29 CFR 1910.108 and 1910.94(d); and 
continue work on a final rule for means of egress 29 CFR 1910.35 
through 1910.38 The purpose of these rulemakings will be to solicit 
public participation in the revision and updating of these standards to 
current levels of technology. It is also the purpose of the rulemakings 
to eliminate the complexity, duplicative nature, and obsolescence of 
the current existing standards and to write them in ``plain language,'' 
as directed by the President's report.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM Exit Routes (Means of 
Egress)                         09/10/96                    61 FR 47712
Notice of Informal Public 
Hearing on Exit Routes          03/03/97                     62 FR 9402
NPRM Hearing on Exit Routes     04/00/97
NPRM Dip Tanks                  06/00/97
NPRM Spray Finishing            06/00/97

Small Entities Affected: None

Government Levels Affected: Undetermined

Additional Information: Means of Egress, 29 CFR 1910 subpart E, Spray 
Finishing Using Flammable and Combustible Materials, 29 CFR 1910.107, 
Dip Tanks Containing Flammable and Combustible Liquids, 29 CFR 1910.108 
are three standards selected for revision and updating under a 
Presidential Initiative to revise and update outdated, duplicative, or 
obsolete federal regulations. They will also be formatted to make them 
easier to read. 29 CFR 1910.94(c) will be combined with 29 CFR 1910.107 
to eliminate duplicative standards, as will 29 CFR 1910.94(d) and 29 
CFR 1910.108. Flammable and Combustible Liquids, 1910.106, has been 
moved to RIN 1218-AB61.

Agency Contact: John Martonik, Acting Director, Safety Standards 
Programs, Department of Labor, Occupational Safety and Health 
Administration, 200 Constitution Avenue NW., Room N3605, FP Building, 
Washington, DC 20210
Phone: 202 219-8061
Fax: 202 219-7477

RIN: 1218-AB55
_______________________________________________________________________




1904. FLAMMABLE AND COMBUSTIBLE LIQUIDS

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); 5 USC 553

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 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                            07/00/97

Small Entities Affected: None

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: John Martonik, 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
_______________________________________________________________________




1905.  PROCESS SAFETY MANAGEMENT OF HIGHLY HAZARDOUS CHEMICALS

Priority:  Other Significant

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

CFR Citation:  29 CFR 1910.119

Legal Deadline: None

Abstract: The notice proposes to make corrections and technical 
amendments to the final rule on Process Safety Management of Highly 
Hazardous Chemicals, published in the Federal Register on February 
24,1992, at 57 FR 6356. In addition, it proposes to modify the final 
rule by adding certain chemicals included in the Environmental 
Protection Agency's Risk Management Program but not in the OSHA final 
rule. OSHA has been requested to bring its chemical list into closer 
alignment with the Environmental Protection Agency's program. The 
notice also will request information from the public regarding certain 
issues that have arisen since the standard became effective in 1992.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            07/00/97

Small Entities Affected: Undetermined

Government Levels Affected: Undetermined

Agency Contact: Chappell D. Pierce, Director, Office of Fire Protection 
Engineering, Department of Labor, Occupational Safety and Health 
Administration, 200 Constitution Avenue NW., Room N3609, FP Building, 
Washington, DC 20210
Phone: 202 219-7216

RIN: 1218-AB63

[[Page 21972]]

_______________________________________________________________________




1906.  REVOCATION OF CERTIFICATION RECORDS FOR TESTS, 
INSPECTION, AND TRAINING

Priority:  Other Significant

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

CFR Citation:  29 CFR 1910; 29 CFR 1915; 29 CFR 1928

Legal Deadline: None

Abstract: OSHA is proposing to revoke certain requirements for 
employers to prepare and maintain records (certification records) which 
certify that employers have performed certain tests or inspections of 
equipment or machinery or that the employer has conducted certain 
training specified in the standards. The purpose of proposing to revoke 
these certification records is to minimize the paperwork burdens 
imposed on employers. OSHA does not believe there will be any reduction 
in employee safety and health as a result of reducing requirements to 
fill out paperwork.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            06/00/97

Small Entities Affected: Businesses

Government Levels Affected: None

Agency Contact: John F. Martonik, Acting Director, Directorate of 
Safety Standards Programs, Department of Labor, Occupational Safety and 
Health Administration, 200 Constitution Avenue NW., Room N3605, FP 
Building, Washington, DC 202l0
Phone: 202 219-8061
Fax: 202 219-7477
Email: [email protected]

RIN: 1218-AB65
_______________________________________________________________________




1907.  REVISION OF CERTAIN STANDARDS PROMULGATED UNDER SECTION 
6(A) OF THE WILLIAMS-STEIGER ACT (PHASE II)

Priority:  Substantive, Nonsignificant

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

Legal Authority:  29 USC 655(b); 5 USC 553

CFR Citation:  29 CFR 1910.219

Legal Deadline: None

Abstract: OSHA has identified two standards from part 1910 that need to 
be revised and updated to eliminate their complexity and obsolescence 
as part of the President's initiative on Federal regulations discussed 
in the U.S. Department Labor Report of June 15, 1995. These standards 
include 29 CFR 1910.219. Mechanical Power-Transmission Apparatus and 29 
CFR 1910. Subpart P, Hand and Portable Powered Tools and Other Hand-
Held Equipment. OSHA intends to issue two separate rules that will 
address the following specific sections: Mechanical power-transmission 
apparatus guarding and maintenance and hand and portable powered tools 
guarding, use and maintanence. These rules, which are codified at 29 
CRF 1910.219 and Part 1910, Subpart P have long been criticized by 
labor, management, and Government for their complexity, duplicative 
nature, and obsolescence.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM Hand and Portable Tools and 
Other Hand-Held Equipment       03/00/98
NPRM Mechanical Power-
Transmission Apparatus          00/00/00

Small Entities Affected: Undetermined

Government Levels Affected: None

Agency Contact: John F. Martonik, Acting Director, Directorate of 
Safety Standards Programs, Department of Labor, Occupational Safety and 
Health Administration, 200 Constitution Avenue NW., Room N3605, FP 
Building, Washington, DC 20210
Phone: 202 219-8061
Fax: 202 219-7477
Email: [email protected]

RIN: 1218-AB66
_______________________________________________________________________


DEPARTMENT OF LABOR (DOL)                              Final Rule Stage


Occupational Safety and Health Administration (OSHA)



_______________________________________________________________________




1908. RESPIRATORY PROTECTION (PROPER USE OF MODERN RESPIRATORS)

Priority:  Economically 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

[[Page 21973]]

ANPRM Comment Period End        09/13/82
Public Comment Period on 
Preproposal Draft Ends          11/29/85
NPRM                            11/15/94                    59 FR 58884
Final Action                    07/00/97

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: 202 219-7075

RIN: 1218-AA05
_______________________________________________________________________




1909. SAFETY AND HEALTH REGULATIONS FOR LONGSHORING (PART 1918) AND 
MARINE TERMINALS (PART 1917) (SHIPYARDS: PROTECTING LONGSHORING WORKERS)

Priority:  Substantive, Nonsignificant

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

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

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

Legal Deadline: None

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

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            06/06/94                    59 FR 28594
NPRM Comment Period End         09/23/94
Final Action                    04/00/97

Small Entities Affected: Businesses

Government Levels Affected: None

Sectors Affected:  44 Water Transportation

Agency Contact: John Martonik, 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
_______________________________________________________________________




1910. ACCESS AND EGRESS IN SHIPYARDS (PART 1915, SUBPART E) (PHASE I) 
(SHIPYARDS: EMERGENCY EXITS AND AISLES)

Priority:  Substantive, Nonsignificant

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

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

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

Legal Deadline: None

Abstract: In the 1980s, OSHA embarked on a project to update and 
consolidate the varying OSHA standards standards that were applied in 
the shipbuilding, shiprepair, and shipbreaking industry. A shipyard 
employer has been subject to both the ``shipyard'' standards nd OSHA's 
general industry standards. This has sometimes resulted in consistent, 
and sometimes contradictory, requirements for essentially the same 
operation.
Phase 1 of this project aimed at establishing a truly vertical standard 
for shipyard employment and addressed six subparts (Confined Spaces, 
Welding, Access/Egress, Personal Protective Equipment, Fall Protection 
and Scaffolding). Proposals on these hazards were issued in November 
1988 (53 FR 48092). The remaining hazards were categorized as Phase II 
of the consolidation project (including general work practices and fire 
safety). This action is endorsed by the Shipyard Advisory Committee 
which was chartered in 1989 to update and consolidate existing shipyard 
standards.
This particular standard will revise the existing shipyard employment 
standards covering access and egress and will consolidate all related 
and applicable 29 CFR part 1910 provisions into 29 CFR part 1915. The 
revision will develop, in part, performance-oriented standards, address 
current gaps in coverage, address new technology, and eliminate 
outmoded and redundant provisions. 75,000 workers are potentially 
exposed to these hazards annually.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            11/29/88                    53 FR 48130
NPRM Comment Period End         02/27/89
Final Action                    09/00/97

Small Entities Affected: Businesses

Government Levels Affected: Undetermined

Agency Contact: John Martonik, 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
_______________________________________________________________________




1911. 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)

[[Page 21974]]

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                    12/00/97

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
_______________________________________________________________________




1912. WALKING WORKING SURFACES AND PERSONAL FALL PROTECTION SYSTEMS 
(PART 1910) (SLIPS, TRIPS, AND FALL PREVENTION)

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:  29 USC 655(b)

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

Legal Deadline: None

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

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            04/10/90                    55 FR 13360
NPRM Comment Period End         08/22/90
Hearing                         09/11/90                    55 FR 29224
Final Action                    09/00/97

Small Entities Affected: Undetermined

Government Levels Affected: None

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

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

RIN: 1218-AB04
_______________________________________________________________________




1913. RECORDING AND REPORTING OCCUPATIONAL INJURIES AND ILLNESSES 
(SIMPLIFIED INJURY/ILLNESS RECORDKEEPING REQUIREMENTS)

Priority:  Other Significant

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

Legal Authority:  29 USC 657; 29 USC 673

CFR Citation:  29 CFR 1904; 29 CFR 1952.4

Legal Deadline: None

Abstract: 
Over the years, concerns about the reliability and utility of injury 
and illness data derived from the employer-maintained OSHA records have 
been raised by Congress, NIOSH, the Bureau of Labor Statistics (BLS), 
the National Academy of Sciences, the Office of Management and Budget 
(OMB), the General Accounting Office, business, and labor, as well as 
OSHA. In the late 1980s, to facilitate national policy dialogues, OSHA 
brought together representatives of industry, labor, government, and 
academia in a year-long effort to discuss problems with OSHA's injury 
and illness recordkeeping system. Keystone issued a report with 
specific recommendations on how to improve the system. Despite this 
effort, a regulatory revision was not formally begun. Early last year 
OSHA initiated an intensified effort to revive the revision process. 
Several meetings were again held with stakeholders from business, 
labor, and government in order to obtain feedback on a draft OSHA 
recordkeeping proposal and to gather related information. As a result 
of these efforts, OSHA published a Notice of Proposed Rulemaking (NPRM) 
in the February 2, 1996 Federal Register that contained revised 
recordkeeping requirements, new recordkeeping forms, and new 
interpretive material. The stated goals of the NPRM are to improve the 
Nation's injury and illness statistics, simplify the injury and illness 
recordkeeping system, and reduce the burden of the new rule on 
employers. Benefits will include: (1) a system that is more compatible 
with modern computer technology and is easier for employers, employees 
and government to use; (2) more reliable

[[Page 21975]]

and useful records; (3) for the first time, comprehensive injury and 
illness records for construction sites; and (4) greater employee 
involvement in and awareness of safety and health matters. The original 
90-day public comment period was extended another 60 days and ended 
July 1, 1996. In addition, two public meetings were held in Washington, 
DC (March 26-29 and April 30-May 1). Over 450 sets of comments were 
entered into Docket R-02, along with 1200 pages of input derived from 
nearly 60 presentations given at the public meetings.
OSHA is now planning to issue a final rule that incorporates changes 
based upon an analysis of the comments and testimony received during 
the public comment period discussed above.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            02/02/96                     61 FR 4030
NPRM Comment Period End         05/02/96
Final Rule Injury and Illness 
Survey of Ten or More Employers 02/11/97                     62 FR 6433
Final Rule Effective Date       03/13/97
Final Action                    06/00/97
Final Action Effective          01/00/98

Small Entities Affected: Businesses, Organizations

Government Levels Affected: None

Sectors Affected:  All

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

RIN: 1218-AB24
_______________________________________________________________________




1914. POWERED INDUSTRIAL TRUCK OPERATOR TRAINING (INDUSTRIAL TRUCK 
SAFETY TRAINING)

Priority:  Substantive, Nonsignificant

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

Legal Authority:  29 USC 655(b)

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

Legal Deadline: None

Abstract: Operation of powered industrial trucks, such as forklifts, 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 Second and Hearing         01/30/96                     61 FR 3092
NPRM Comment Period End         08/15/96
Final Action                    09/00/97

Small Entities Affected: Undetermined

Government Levels Affected: Undetermined

Agency Contact: John Martonik, 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
_______________________________________________________________________




1915. 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                    04/00/97

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

RIN: 1218-AB40

[[Page 21976]]

_______________________________________________________________________




1916. 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 
Steelworkers 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 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                    06/00/97

Small Entities Affected: Undetermined

Government Levels Affected: None

Agency Contact: John Martonik, 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
_______________________________________________________________________




1917. 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 contained non-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             04/00/97
Final - Respirators             04/00/97

Small Entities Affected: None

Government Levels Affected: None

Agency Contact: John Martonik, 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)



_______________________________________________________________________




1918. 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

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 has been subject to both shipyard the ``shipyard'' standards 
and OSHA's general industry standards. This has sometimes resulted in 
inconsistent, and 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

[[Page 21977]]

consolidation project (including general work practices and fire 
safety). This action was endorsed by the Shipyard Advisory Committee 
which was chartered in 1989 to update and consolidate existing shipyard 
standards.
This particular regulatory action will revise the existing shipyard 
employment standards covering scaffolds and will consolidate all 
related and applicable 29 CFR part 1910 provisions. It will develop, in 
part, performance-oriented standards, address current gaps in coverage, 
address new technology, and eliminate outmoded and redundant 
provisions.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            11/29/88                    53 FR 48182
NPRM Comment Period End         02/27/89
Reopened Record Comment Period 
Ended 6/13/94                   04/12/94                    59 FR 17290
Final Action                    09/00/98

Small Entities Affected: Businesses

Government Levels Affected: None

Agency Contact: John Martonik, 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
_______________________________________________________________________




1919. 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 553

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 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: None

Agency Contact: John Martonik, 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
_______________________________________________________________________




1920. PREVENTION OF WORK-RELATED MUSCULOSKELETAL DISORDERS

Priority:  Economically Significant. Major under 5 USC 801.

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

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

Legal Deadline: None

Abstract: Work-related musculoskeletal disorders are a leading cause of 
pain, suffering, and disability in American workplaces. Since the 
1980's, the Occupational Safety and Health Administration (OSHA) has 
had a number of initiatives related to addressing these problems, 
including enforcement under the general duty clause, issuance of 
guidelines for the meatpacking industry, and development of other 
compliance-assistance materials.
Ultimately, the Agency decided that, given the increasing magnitude of 
the problem, a regulatory approach should be explored to ensure that 
the largest possible number of employers and employees become aware of 
the problems and ways of preventing work-related musculoskeletal 
disorders. An open process to develop and consider regulatory 
alternatives was initiated by the Bush Administration with the 
publication of an advance notice of proposed rulemaking on August 3, 
1992 (57 FR 34192). About 300 comments were received in response to 
that request. In addition to the public comments, OSHA has examined and 
analyzed the extensive scientific literature documenting the problem of 
work-related musculoskeletal disorders, the causes of the problem, and 
effective solutions; conducted a telephone survey of over 3,000 
establishments regarding their current practices to prevent work-
related musculoskeletal disorders; and completed a number of site 
visits to facilities with existing programs. The Agency has also held 
numerous stakeholder meetings to solicit input from individuals 
regarding the possible contents of a standard to prevent work-related 
musculoskeletal disorders, and on a draft proposed regulatory text and 
supporting documents. Agency representatives have delivered numerous 
outreach presentations to people who are interested in this subject; 
consulted professionals in the field to obtain expert opinions on 
various aspects of the options considered by the Agency; and had some 
employers field-test certain requirements under consideration for the 
standard. A quantitative risk assessment has been drafted, as well as a 
preliminary summary of potential costs and benefits.
The Agency believes that the scientific evidence supports the need for 
a standard and that the availability of effective and reasonable means 
to control these hazards has been amply demonstrated. The criteria that 
have been developed for setting OSHA priorities support the Agency's 
determination that action is needed now to stop the escalating 
occurrence of work-related musculoskeletal disorders. The Agency was 
precluded from issuing a standard or guidelines in this area by a rider 
on its FY 96 appropriations bill. Congressional restrictions have been 
lifted, and the

[[Page 21978]]

Agency is currently considering options to develop a proposed rule for 
ergonomics.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

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

Small Entities Affected: Businesses

Government Levels Affected: Undetermined

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

RIN: 1218-AB36
_______________________________________________________________________




1921. 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 Action on Smoking and 
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 
OSHA began 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 in the workplace. 
Thousands of heart disease deaths, hundreds of lung cancer deaths, 
respiratory disease, Legionnaire's disease, asthma, and other ailments 
are estimated to be linked to this occupational hazard. Further, 
America's workers are at risk of developing thousand upper respiratory 
symptoms and 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 of companies have estimated that as many as 85 percent of them 
had some sort of smoking restriction in place, due to either concerns 
about production safety or employee health and safety. The fact that 
this is a national problem suggests that it should be solved at the 
Federal level.
OSHA published a Request for Information on September 20, 1991, to 
collect information to determine if a standard regulating indoor air 
quality is justified and feasible. Information was requested on the 
ventilation system performance necessary to optimize indoor air 
quality, techniques for improving ventilation, building maintenance 
programs, existing workplace indoor air policies, and local and State 
laws addressing indoor air quality.
After reviewing and analyzing available information, OSHA published a 
proposed rule on April 5, 1994. The proposal would require employers to 
write and implement indoor air quality compliance plans that would 
include inspection and maintenance of current building ventilation 
systems to ensure they are functioning as designed. In buildings where 
smoking is allowed, the proposal would require designated smoking areas 
that would be separate, enclosed rooms where the air would be exhausted 
directly to the outside. Other proposed provisions would require 
employers to maintain healthy air quality during renovation, remodeling 
and similar activities. The provisions for indoor air quality would 
apply to 70 million workers and more than 4.5 million nonindustrial 
indoor work environments, including schools and training centers, 
offices, commercial establishments, health care facilities, cafeterias 
and factory break rooms. ETS provisions would apply to all 6 million 
industrial and nonindustrial work environments under OSHA jurisdiction. 
OSHA preliminarily estimates that 5,583 to 32,502 cancer deaths and 
97,700 to 577,818 coronary heart diseases related to occupational 
exposure to ETS will be prevented over the next 45 years. This 
represents 140 to 722 cancer deaths and 2,094 to 13,001 heart diseases 
each year. OSHA preliminarily estimates that the proposed standard will 
prevent 4.5 million upper respiratory problems over the next 45 years. 
This is approximately 105,000 upper respiratory symptoms per year. 
These estimates understate the prevalence of building-related symptoms 
since they only reflect excess risk in air conditioned buildings.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

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

Small Entities Affected: Undetermined

Government Levels Affected: Undetermined

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

RIN: 1218-AB37
_______________________________________________________________________




1922. OCCUPATIONAL EXPOSURE TO HEXAVALENT CHROMIUM (PREVENTING 
OCCUPATIONAL ILLNESS: CHROMIUM)

Priority:  Other Significant. Major under 5 USC 801.

Legal Authority:  29 USC 655(b); 29 USC 657

CFR Citation:  Not yet determined

Legal Deadline: None

Abstract: In July 1993, the Occupational Safety and Health 
Administration (OSHA) was petitioned for an emergency temporary 
standard (ETS) to reduce the permissible exposure limit (PEL) for 
occupational exposures to hexavalent chromium. The Oil, Chemical, and 
Atomic Workers International Union (OCAW) and Public Citizen's Health 
Research Group (HRG) petitioned OSHA to promulgate an ETS to lower the 
PEL for chromium (CrVI) compounds to 0.5 micrograms per cubic meter of 
air (ug/m3) as an eight-hour, time-weighted average (TWA). This 
represents) (VI) a significant reduction in the current PEL. The 
current PEL in general industries is found in 29 CFR 1910.1000 Table Z 
and is a ceiling value of 100 ug/m3 for ``Chromic acid

[[Page 21979]]

and chromates (as CrO3).'' These are measured as chromium (VI) and 
reported as chromic anhydride (CrO3). This equates to a PEL of 52 ug/m3 
of chromium (VI) measured and reported as chromium (VI). This ceiling 
limit applies to all forms of hexavalent chromium (VI) including 
chromic acid and chromates, lead chromate, and zinc chromate. The 
current PEL for chromium (VI) in the construction industry is 100 ug/m3 
as a TWA PEL.
The major illnesses associated with occupational exposures to 
hexavalent chromium are lung cancer and dermatoses. OSHA estimates that 
between 200,000 - 700,000 workers are exposed to hexavalent chromium on 
a regular basis in all industries. The major uses of hexavalent 
chromium are: as a structural and anti-corrosive element in the 
production of stainless steel, ferrochromium, iron and steel, and in 
electroplating, welding, and painting. After reviewing the petition, 
OSHA denied the request for an ETS and initiated a section (6)(b) 
rulemaking. OSHA is currently pursuing a dialog with interested parties 
outside the Agency with regard to the development of the proposal.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            09/00/98

Small Entities Affected: Businesses

Government Levels Affected: Undetermined

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

RIN: 1218-AB45
_______________________________________________________________________




1923. NATIONALLY RECOGNIZED TESTING LABS PROGRAMS: 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:  Office of 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
_______________________________________________________________________




1924.  FALL PROTECTION IN THE CONSTRUCTION INDUSTRY

Priority:  Other Significant

Legal Authority:  29 USC 655(b)

CFR Citation:  29 CFR 1926

Legal Deadline: None

Abstract: OSHA is considering a revision of its existing standards for 
fall protection in construction to expand coverage to telecommunication 
towers and tanks; to eliminate certain paperwork requirements and to 
make editorial revisions. OSHA is also considering raising a number of 
issues that may lead to further changes to the fall protection rules as 
they now apply to roofing work, residential construction operations, 
climbing reinforcement steel and to vendors delivering materials (for 
example, roofing materials). Such a revision would bring to the 
attention of the public issues that have arisen since promulgation of 
the most recent fall protection standard for construction workers that 
was issued in August 1994.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            00/00/00

Small Entities Affected: None

Government Levels Affected: None

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
Fax: 202 219-6599

RIN: 1218-AB62
_______________________________________________________________________


DEPARTMENT OF LABOR (DOL)                             Completed Actions


Occupational Safety and Health Administration (OSHA)



_______________________________________________________________________




1925. METHYLENE CHLORIDE (PREVENTING OCCUPATIONAL ILLNESSES: METHYLENE 
CHLORIDE)

Priority:  Economically 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 1915.1052

Legal Deadline: None

Abstract: In 1985, OSHA was petitioned by the UAW to issue an emergency 
temporary standard; and to begin work on a 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 237,496 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

[[Page 21980]]

petition requesting the issuance of an emergency temporary standard. 
OSHA published an ANPRM on November 24, 1986 (51 FR 42257). After 
reviewing and analyzing the comments received in response to the ANPRM, 
OSHA published a proposal in the Federal Register on November 7, 1991 
(56 FR 57036). The comment period closed on April 6, 1992. On June 9, 
1992, OSHA published a notice of informal public hearings that were 
held in Washington, DC September 16-24 and in San Francisco, CA on 
October 14-16, 1992. The post-hearing comment period for new evidence 
closed on January 14, 1993, and the final date for submitting post-
hearing summations and briefs was March 15, 1993. The record was 
reopened on March 11, 1994, for 45 days to address MC exposure in the 
furniture stripping industry, an NCI study relating brain cancer to 
occupational exposure to MC, and information regarding the use of MC as 
a solvent in adhesive formulation and flexible foam manufacturing. The 
record was also reopened in late 1995 to receive new data and 
information on MC-related risks. After reviewing and analyzing all of 
the information in the rulemaking record, OSHA published the final 
methylene chloride rule in the Federal Register on January 10, 1997 (62 
FR 1493). The effective date of the standard is April 10, 1997.

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                    01/10/97                     62 FR 1493
Final Action Effective          04/10/97

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 Ave. NW., Rm N3718, FPBldg., Washington, DC 20210
Phone: 202 219-7075

RIN: 1218-AA98
_______________________________________________________________________




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

Priority:  Other Significant

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

Legal Authority:  29 USC 655(b)

CFR Citation:  29 CFR 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

________________________________________________________________________

Integrated with 1218-AB47       02/19/97

Small Entities Affected: None

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-AB30
[FR Doc. 97-6691 Filed 04-24-97; 8:45 am]
BILLING CODE 4510-23-F