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


_______________________________________________________________________

Part XII





Department of Labor





_______________________________________________________________________



Semiannual Regulatory Agenda

[[Page 22218]]



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 1998 and April 1999, 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. As permitted by law, the 
Department of Labor is combining the publication of its agendas under 
the Regulatory Flexibility Act and Executive Order 12866.

    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 advance 
the Department's goals and that are understandable and usable to 
the employers and employees in all affected workplaces.

    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).

    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.

Alexis M. Herman,

Secretary of Labor.

                                  Office of the Secretary--Proposed Rule Stage                                  
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation 
 Sequence                                           Title                                            Identifier 
  Number                                                                                               Number   
----------------------------------------------------------------------------------------------------------------
1885         Production or Disclosure of Information or Materials.................................    1290-AA17 
1886         Equal Access to Justice Act..........................................................    1290-AA18 
----------------------------------------------------------------------------------------------------------------


                                    Office of the Secretary--Final Rule Stage                                   
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation 
 Sequence                                           Title                                            Identifier 
  Number                                                                                               Number   
----------------------------------------------------------------------------------------------------------------
1887         Supplemental Standards of Ethical Conduct for Employees of the Department of Labor...    1290-AA15 
1888         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   
----------------------------------------------------------------------------------------------------------------
1889         Coordinated Enforcement of Farm Labor Protective Statutes............................    1290-AA11 
----------------------------------------------------------------------------------------------------------------


                            Employment Standards Administration--Proposed Rule Stage                            
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation 
 Sequence                                           Title                                            Identifier 
  Number                                                                                               Number   
----------------------------------------------------------------------------------------------------------------
1890         Government Contractors: Nondiscrimination and Affirmative Action Obligations (ESA/                 
            OFCCP) (Section 610 Review)...........................................................    1215-AA01 

[[Page 22219]]

                                                                                                                
1891         Child Labor Regulations, Orders, and Statements of Interpretation (ESA/W-H)..........    1215-AA09 
1892         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 
1893         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 
1894         Records To Be Kept by Employers Under the Fair Labor Standards Act...................    1215-AB03 
1895         Assessment and Collection of User Fees...............................................    1215-AB06 
1896         Exemptions Applicable to Agriculture, Processing of Agricultural Commodities, and                  
            Related Subjects Under the Fair Labor Standards Act...................................    1215-AB11 
1897         Implementation of the 1996 Amendments to the Fair Labor Standards Act................    1215-AB13 
1898         Minimum Wage and Overtime Violations--Civil Money Penalties (29 CFR 578); Child Labor              
            Violations - Civil Money Penalties (29 CFR 579); Adjustment of Civil Money Penalties                
            for Inflation.........................................................................    1215-AB20 
1899         Labor Standards Provisions Applicable to Contracts Covering Federally Financed and                 
            Assisted Construction (29 CFR Part 5), Definition of ``Site of the Work'' Under the                 
            Davis-Bacon Act.......................................................................    1215-AB21 
----------------------------------------------------------------------------------------------------------------


                              Employment Standards Administration--Final Rule Stage                             
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation 
 Sequence                                           Title                                            Identifier 
  Number                                                                                               Number   
----------------------------------------------------------------------------------------------------------------
1900         Affirmative Action and Nondiscrimination Obligations of Contractors and                            
            Subcontractors for Special Disabled Veterans and Veterans of the Vietnam Era..........    1215-AA62 
1901         Application of the Fair Labor Standards Act to Domestic Service......................    1215-AA82 
1902         Standards for Waivers Under Section 503 of the Rehabilitation Act....................    1215-AA84 
1903         Benefits Under the Federal Coal Mine Safety and Health Act of 1977, as Amended                     
            Affecting the Black Lung Benefits Act.................................................    1215-AA99 
1904         Federal Employees' Compensation Act; Claims for Compensation for Work-Related Injury/              
            Death.................................................................................    1215-AB07 
1905         Labor Condition Applications and Requirements for Employers Using Nonimmigrants on H-              
            1B Visas in Specialty Occupations and as Fashion Models...............................    1215-AB09 
1906         Use and Disclosure of Federal Employees' Compensation Act Claims File Material.......    1215-AB18 
1907         Affirmative Action and Nondiscrimination Obligations of Contractors and                            
            Subcontractors Regarding Individuals with Disabilities................................    1215-AB19 
----------------------------------------------------------------------------------------------------------------


                             Employment Standards Administration--Long-Term Actions                             
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation 
 Sequence                                           Title                                            Identifier 
  Number                                                                                               Number   
----------------------------------------------------------------------------------------------------------------
1908         Defining and Delimiting the Term ``Any Employee Employed in a Bona Fide Executive,                 
            Administrative, or Professional Capacity'' (ESA/W-H)..................................    1215-AA14 
1909         Enforcement of Contractual Obligations for Temporary Alien Agricultural Workers                    
            Admitted Under Section 216 of the Immigration and Nationality Act.....................    1215-AA43 
1910         Reporting by Labor Relations Consultants and Other Persons...........................    1215-AB14 
----------------------------------------------------------------------------------------------------------------


                             Employment Standards Administration--Completed Actions                             
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation 
 Sequence                                           Title                                            Identifier 
  Number                                                                                               Number   
----------------------------------------------------------------------------------------------------------------
1911         Procedures for Handling Discrimination Complaints Under Federal ``Whistleblower''                  
            Protection Statutes...................................................................    1215-AA83 
1912         Employment of Student-Learners, Apprentices, Learners, Messengers, and Student                     
            Workers Under Section 14 of the Fair Labor Standards Act..............................    1215-AB10 
1913         Civil Money Penalties Adjustment of the Longshore Act................................    1215-AB17 
----------------------------------------------------------------------------------------------------------------


[[Page 22220]]


                           Employment and Training Administration--Proposed Rule Stage                          
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation 
 Sequence                                           Title                                            Identifier 
  Number                                                                                               Number   
----------------------------------------------------------------------------------------------------------------
1914         Job Training Partnership Act: Indian and Native American Programs....................    1205-AA96 
1915         Job Training Partnership Act: Migrant and Seasonal Farmworker Programs...............    1205-AA99 
1916         Disaster Unemployment Assistance Program, Amendment to Regulations...................    1205-AB02 
1917         Federal-State Unemployment Compensation Program; Unemployment Insurance Performance                
            System................................................................................    1205-AB10 
1918         Airline Deregulation: Employee Benefit Program.......................................    1205-AB17 
----------------------------------------------------------------------------------------------------------------


                            Employment and Training Administration--Final Rule Stage                            
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation 
 Sequence                                           Title                                            Identifier 
  Number                                                                                               Number   
----------------------------------------------------------------------------------------------------------------
1919         Trade Adjustment Assistance for Workers--Implementation of 1988 Amendments...........    1205-AB05 
1920         Trade Adjustment Assistance for Workers--Transitional Adjustment Assistance NAFTA-TAA    1205-AB07 
1921         Indian and Native American Welfare-to-Work Program...................................    1205-AB16 
----------------------------------------------------------------------------------------------------------------


                            Employment and Training Administration--Long-Term Actions                           
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation 
 Sequence                                           Title                                            Identifier 
  Number                                                                                               Number   
----------------------------------------------------------------------------------------------------------------
1922         Services to Migrant and Seasonal Farmworkers, Job Service Complaint System,                        
            Monitoring, and Enforcement...........................................................    1205-AA37 
1923         Labor Certification Process for the Permanent Employment of Aliens in the United                   
            States................................................................................    1205-AA66 
1924         Amendments to the Labor Certification Process for Temporary Agricultural Employment                
            in the United States (H-2A)...........................................................    1205-AB09 
1925         Establishment of Fees for Immigration Programs Administered by the Employment and                  
            Training Administration...............................................................    1205-AB14 
1926         Welfare-to-Work (WtW) Grants.........................................................    1205-AB15 
----------------------------------------------------------------------------------------------------------------


                            Employment and Training Administration--Completed Actions                           
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation 
 Sequence                                           Title                                            Identifier 
  Number                                                                                               Number   
----------------------------------------------------------------------------------------------------------------
1927         Labor Certification Process for the Permanent Employment of Aliens; Researchers                    
            Employed by Colleges and Universities.................................................    1205-AB11 
----------------------------------------------------------------------------------------------------------------


                           Pension and Welfare Benefits Administration--Prerule Stage                           
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation 
 Sequence                                           Title                                            Identifier 
  Number                                                                                               Number   
----------------------------------------------------------------------------------------------------------------
1928         Amendments to Summary Plan Description Regulations...................................    1210-AA69 
----------------------------------------------------------------------------------------------------------------


                        Pension and Welfare Benefits Administration--Proposed Rule Stage                        
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation 
 Sequence                                           Title                                            Identifier 
  Number                                                                                               Number   
----------------------------------------------------------------------------------------------------------------
1929         Definition of Collective Bargaining Agreement (ERISA Section 3(40))..................    1210-AA48 
1930         Revision of the Form 5500 Series and Implementing and Related Regulations Under the                
            Employee Retirement Income Security Act of 1974 (ERISA)...............................    1210-AA52 
1931         Rulemaking Relating to Notice Requirements for Continuation of Health Care Coverage..    1210-AA60 
1932         Request for Information Concerning Employee Benefit Plan Claims Procedures...........    1210-AA61 
1933         Reporting Requirements for MEWAs Providing Medical Care Benefits.....................    1210-AA64 
1934         Elimination of Filing Requirements for Summary Plan Descriptions.....................    1210-AA66 

[[Page 22221]]

                                                                                                                
1935         Requirement to Furnish Plan Documents Upon Request by the Secretary of Labor.........    1210-AA67 
1936         Civil Penalty for Failure to Furnish Certain Plan Documents..........................    1210-AA68 
----------------------------------------------------------------------------------------------------------------


                          Pension and Welfare Benefits Administration--Final Rule Stage                         
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation 
 Sequence                                           Title                                            Identifier 
  Number                                                                                               Number   
----------------------------------------------------------------------------------------------------------------
1937         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 
1938         Enforcement Policy on AICPA SOP 92-6.................................................    1210-AA57 
1939         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 
1940         Interim Rules Relating to Health Care Standards for Mothers and Newborns.............    1210-AA63 
----------------------------------------------------------------------------------------------------------------


                         Pension and Welfare Benefits Administration--Long-Term Actions                         
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation 
 Sequence                                           Title                                            Identifier 
  Number                                                                                               Number   
----------------------------------------------------------------------------------------------------------------
1941         Adequate Consideration...............................................................    1210-AA15 
1942         Civil Penalties Under ERISA Section 502(l)...........................................    1210-AA37 
1943         Reporting and Disclosure Under the Employee Retirement Income Security Act of 1974...    1210-AA44 
1944         Regulations Implementing the Health Care Access, Portability and Renewability                      
            Provisions of the Health Insurance Portability and Accountability Act of 1996.........    1210-AA54 
1945         Interim Rules Relating to Mental Health Benefits Parity..............................    1210-AA62 
1946         Individual Benefits Reporting Requirements for Defined Contribution Plans............    1210-AA65 
----------------------------------------------------------------------------------------------------------------


                         Pension and Welfare Benefits Administration--Completed Actions                         
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation 
 Sequence                                           Title                                            Identifier 
  Number                                                                                               Number   
----------------------------------------------------------------------------------------------------------------
1947         Amendment of Regulations Relating to Definition of ``Plan Assets'' --Participant                   
            Contributions (SIMPLE PLAN)...........................................................    1210-AA59 
----------------------------------------------------------------------------------------------------------------


                              Mine Safety and Health Administration--Prerule Stage                              
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation 
 Sequence                                           Title                                            Identifier 
  Number                                                                                               Number   
----------------------------------------------------------------------------------------------------------------
1948         Coal Mine Dust.......................................................................    1219-AA81 
1949         Training and Retraining of Miners (Section 610 Review)...............................    1219-AB02 
----------------------------------------------------------------------------------------------------------------


                           Mine Safety and Health Administration--Proposed Rule Stage                           
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation 
 Sequence                                           Title                                            Identifier 
  Number                                                                                               Number   
----------------------------------------------------------------------------------------------------------------
1950         Diesel Particulate...................................................................    1219-AA74 
1951         Belt Entry Use as Intake Aircourses to Ventilate Working Sections....................    1219-AA76 
1952         Metal/Nonmetal Impoundments..........................................................    1219-AA83 
1953         Surface Haulage......................................................................    1219-AA93 
1954         Safety Standards for the Use of Roof Bolting Machines................................    1219-AA94 
1955         Safety Standard Revisions for Underground Anthracite Mines...........................    1219-AA96 

[[Page 22222]]

                                                                                                                
1956         Electrical Standards for Metal and Nonmetal Mines....................................    1219-AB01 
1957         Self-Contained Self-Rescue Devices in Underground Metal and Nonmetal Mines...........    1219-AB06 
1958         Occupational Exposure to Coal Mine Dust..............................................    1219-AB08 
1959         X-Ray Surveillance Program for Surface Coal Miners...................................    1219-AB09 
1960         Safety Standards for Underground Coal Mine Ventilation...............................    1219-AB10 
1961         Diesel Particulate Matter Exposure of Underground Metal and Nonmetal Mines...........    1219-AB11 
1962         Respirable Crystalline Silica Standard...............................................    1219-AB12 
----------------------------------------------------------------------------------------------------------------


                             Mine Safety and Health Administration--Final Rule Stage                            
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation 
 Sequence                                           Title                                            Identifier 
  Number                                                                                               Number   
----------------------------------------------------------------------------------------------------------------
1963         Hazard Communication.................................................................    1219-AA47 
1964         Air Quality, Chemical Substances, and Respiratory Protection Standards...............    1219-AA48 
1965         Noise Standard.......................................................................    1219-AA53 
1966         Longwall Equipment (Including High-Voltage)..........................................    1219-AA75 
1967         Independent Laboratory Testing.......................................................    1219-AA87 
1968         Requirements for Approval of Flame-Resistant Conveyor Belts..........................    1219-AA92 
1969         Improving and Eliminating Regulations................................................    1219-AA98 
1970         Safety Standards for Roof Bolts in Metal and Nonmetal Mines and Underground Coal                   
            Mines.................................................................................    1219-AB00 
1971         Criteria and Procedures for Proposed Assessment of Civil Penalties...................    1219-AB03 
1972         Observation of Operator Noise Monitoring.............................................    1219-AB05 
1973         Experienced Miner and Supervisor Training............................................    1219-AB13 
----------------------------------------------------------------------------------------------------------------


                            Mine Safety and Health Administration--Long-Term Actions                            
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation 
 Sequence                                           Title                                            Identifier 
  Number                                                                                               Number   
----------------------------------------------------------------------------------------------------------------
1974         Confined Spaces......................................................................    1219-AA54 
1975         Carbon Monoxide Monitor Approval.....................................................    1219-AA72 
1976         Safety Standards for Methane in Metal and Nonmetal Mines.............................    1219-AA90 
1977         Verification of Dust Control Plan....................................................    1219-AB14 
----------------------------------------------------------------------------------------------------------------


                            Mine Safety and Health Administration--Completed Actions                            
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation 
 Sequence                                           Title                                            Identifier 
  Number                                                                                               Number   
----------------------------------------------------------------------------------------------------------------
1978         Decertification of Certified and Qualified Persons...................................    1219-AA79 
1979         Mine Shift Atmospheric Condition; Respirable Dust Sample.............................    1219-AA82 
1980         National Mine Health and Safety Academy..............................................    1219-AB04 
----------------------------------------------------------------------------------------------------------------


              Office of the Assistant Secretary for Administration and Management--Final Rule Stage             
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation 
 Sequence                                           Title                                            Identifier 
  Number                                                                                               Number   
----------------------------------------------------------------------------------------------------------------
1981         Audits of States, Local Governments, and Nonprofit Organizations.....................    1291-AA26 
1982         Audit Requirements for Grants, Contracts, and Other Agreements.......................    1291-AA27 
----------------------------------------------------------------------------------------------------------------


[[Page 22223]]


             Office of the Assistant Secretary for Administration and Management--Long-Term Actions             
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation 
 Sequence                                           Title                                            Identifier 
  Number                                                                                               Number   
----------------------------------------------------------------------------------------------------------------
1983         Department of Labor Acquisition Regulation...........................................    1291-AA20 
1984         Nondiscrimination on the Basis of Age in Programs and Activities Receiving Federal                 
            Financial Assistance From the Department of Labor.....................................    1291-AA21 
1985         Administrative Requirements for Grantees To Reflect Single Audit Act Amendments......    1291-AA25 
----------------------------------------------------------------------------------------------------------------


                          Occupational Safety and Health Administration--Prerule Stage                          
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation 
 Sequence                                           Title                                            Identifier 
  Number                                                                                               Number   
----------------------------------------------------------------------------------------------------------------
1986         Control of Hazardous Energy Sources (Lockout/Tagout) (Section 610 Review)............    1218-AB59 
1987         Occupational Exposure to Ethylene Oxide (Section 610 Review).........................    1218-AB60 
1988         Process Safety Management of Highly Hazardous Chemicals..............................    1218-AB63 
1989         Fire Brigades........................................................................    1218-AB64 
1990         Grain Handling Facilities (Section 610 Review).......................................    1218-AB73 
1991         Cotton Dust (Section 610 Review).....................................................    1218-AB74 
----------------------------------------------------------------------------------------------------------------


                       Occupational Safety and Health Administration--Proposed Rule Stage                       
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation 
 Sequence                                           Title                                            Identifier 
  Number                                                                                               Number   
----------------------------------------------------------------------------------------------------------------
1992         Longshoring and Marine Terminals (Parts 1917 and 1918)-- Reopening of the Record                   
            (Tandem Lifts)........................................................................    1218-AA56 
1993         Steel Erection (Part 1926) (Safety Protection for Ironworkers).......................    1218-AA65 
1994         Safety and Health Programs (for General Industry and Shipyards)......................    1218-AB41 
1995         Fire Protection in Shipyard Employment (Part 1915, Subpart P) (Phase II) (Shipyards:               
            Fire Safety)..........................................................................    1218-AB51 
1996         Permissible Exposure Limits (PELs) for Air Contaminants..............................    1218-AB54 
1997         Plain Language Revision of Existing Standards (Phase I)..............................    1218-AB55 
1998         Nationally Recognized Testing Labs Programs: Fees....................................    1218-AB57 
1999         Flammable and Combustible Liquids....................................................    1218-AB61 
2000         Fall Protection in the Construction Industry.........................................    1218-AB62 
2001         Revocation of Certification Records for Tests, Inspections, and Training.............    1218-AB65 
2002         Requirement To Pay for Personal Protective Equipment.................................    1218-AB77 
2003         Consultation Agreements..............................................................    1218-AB79 
----------------------------------------------------------------------------------------------------------------


                         Occupational Safety and Health Administration--Final Rule Stage                        
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation 
 Sequence                                           Title                                            Identifier 
  Number                                                                                               Number   
----------------------------------------------------------------------------------------------------------------
2004         Respiratory Protection (Proper Use of Modern Respirators)............................    1218-AA05 
2005         Glycol Ethers: 2-Methoxyethanol, 2-Ethoxyethanol, and Their Acetates: Protecting                   
            Reproductive Health...................................................................    1218-AA84 
2006         Recording and Reporting Occupational Injuries and Illnesses (Simplified Injury/                    
            Illness Recordkeeping Requirements)...................................................    1218-AB24 
2007         Powered Industrial Truck Operator Training (Industrial Truck Safety Training)........    1218-AB33 
2008         Permit Required Confined Spaces (General Industry: Preventing Suffocation/Explosions               
            in Confined Spaces)...................................................................    1218-AB52 
2009         Standards Improvement Project........................................................    1218-AB53 
----------------------------------------------------------------------------------------------------------------


                        Occupational Safety and Health Administration--Long-Term Actions                        
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation 
 Sequence                                           Title                                            Identifier 
  Number                                                                                               Number   
----------------------------------------------------------------------------------------------------------------
2010         Scaffolds in Shipyards (Part 1915--Subpart N) (Phase I) (Shipyards: Safer Scaffolds).    1218-AA68 
2011         Access and Egress in Shipyards (Part 1915, Subpart E) (Phase I) (Shipyards: Emergency              
            Exits and Aisles).....................................................................    1218-AA70 

[[Page 22224]]

                                                                                                                
2012         Accreditation of Training Programs for Hazardous Waste Operations (Part 1910)........    1218-AB27 
2013         Prevention of Work-Related Musculoskeletal Disorders.................................    1218-AB36 
2014         Indoor Air Quality in the Workplace..................................................    1218-AB37 
2015         Occupational Exposure to Hexavalent Chromium (Preventing Occupational Illness:                     
            Chromium).............................................................................    1218-AB45 
2016         Occupational Exposure to Tuberculosis................................................    1218-AB46 
2017         Confined Spaces in Construction (Part 1926) (Construction: Preventing Suffocation/                 
            Explosions in Confined Spaces)........................................................    1218-AB47 
2018         General Working Conditions in Shipyards (Part 1915, Subpart F) (Phase II) (Shipyards:              
            General Working Conditions)...........................................................    1218-AB50 
2019         Standards Advisory Committee on Metalworking Fluids..................................    1218-AB58 
2020         Plain Language Revision of Existing Standards (Phase II).............................    1218-AB66 
2021         Electric Power Transmission and Distribution; Electrical Protective Equipment........    1218-AB67 
2022         Safety Standards for Scaffolds Used in the Construction Industry --Part II...........    1218-AB68 
2023         Safety and Health Programs for Construction..........................................    1218-AB69 
2024         Occupational Exposure to Crystalline Silica..........................................    1218-AB70 
2025         Control of Hazardous Energy (Lockout) in Construction (Part 1926) (Preventing                      
            Construction Injuries/Fatalities; Lockout)............................................    1218-AB71 
2026         Occupational Exposure to Beryllium...................................................    1218-AB76 
2027         Consolidation of Records Maintenance Requirements in OSHA Standards..................    1218-AB78 
----------------------------------------------------------------------------------------------------------------


                        Occupational Safety and Health Administration--Completed Actions                        
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation 
 Sequence                                           Title                                            Identifier 
  Number                                                                                               Number   
----------------------------------------------------------------------------------------------------------------
2028         Walking Working Surfaces and Personal Fall Protection Systems (Part 1910) (Slips,                  
            Trips, and Fall Prevention)...........................................................    1218-AB04 
2029         Procedures for Handling Discrimination Complaints Under Federal Employee Protection                
            Statutes..............................................................................    1218-AB75 
----------------------------------------------------------------------------------------------------------------

_______________________________________________________________________


DEPARTMENT OF LABOR (DOL)                           Proposed Rule Stage


Office of the Secretary (OS)



_______________________________________________________________________




1885. PRODUCTION OR DISCLOSURE OF INFORMATION OR MATERIALS

Priority:  Substantive, Nonsignificant

Legal Authority:  5 USC 301; 5 USC 552, amended; 5 USC Reorganization 
Plan No. 6 of 1950; EO 12600, 52 FR 23781 (June 25, 1987)

CFR Citation:  20 CFR 70

Legal Deadline: None

Abstract: The regulation will incorporate the provisions of the 1996 
FOIA amendments. These include extending DOL processing time from 10 to 
20 days for most FOIA requests and requiring that all reading room 
materials created since November 1, 1996, be made available by 
electronic means such as the Internet.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            07/00/98

Small Entities Affected: None

Government Levels Affected: None

Agency Contact: Miriam McD. Miller, Co-Counsel for Administrative Law, 
Department of Labor, Office of the Secretary, 200 Constitution Avenue 
NW., Room N2428, FP Building, Washington, DC 20210
Phone: 202 219-8188
Fax: 202 219-6896
Email: [email protected]

RIN: 1290-AA17
_______________________________________________________________________




1886. EQUAL ACCESS TO JUSTICE ACT

Priority:  Substantive, Nonsignificant

Legal Authority:  5 USC 504; 28 USC 2412

CFR Citation:  29 CFR 16

Legal Deadline: None

Abstract: The regulation will incorporate the 1996 amendments to the 
Equal Access to Justice Act and revise the existing regulation to 
conform with the case law which has evolved since 1981.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            09/00/98

Small Entities Affected: Businesses, Organizations

Government Levels Affected: None

Agency Contact: Robert A. 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

RIN: 1290-AA18

[[Page 22225]]

_______________________________________________________________________


DEPARTMENT OF LABOR (DOL)                              Final Rule Stage


Office of the Secretary (OS)



_______________________________________________________________________




1887. 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                    09/00/98

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
_______________________________________________________________________




1888. 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 case law 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                            07/28/97                    62 FR 40406
NPRM Comment Period End         09/26/97
Final Action                    07/00/98

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
_______________________________________________________________________


DEPARTMENT OF LABOR (DOL)                             Long-Term Actions


Office of the Secretary (OS)



_______________________________________________________________________




1889. 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

[[Page 22226]]

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
_______________________________________________________________________


DEPARTMENT OF LABOR (DOL)                           Proposed Rule Stage


Employment Standards Administration (ESA)



_______________________________________________________________________




1890. 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 60-250; 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) 08/19/97                    62 FR 44174
Final Compliance Reviews (60-60)08/19/97                    62 FR 44174
NPRM Affirmative Action Plans 
(60-2)                          06/00/98
Final Affirmative Action Plans 
(60-2)                          00/00/00

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
_______________________________________________________________________




1891. 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(e)

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

[[Page 22227]]

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                            06/00/98

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
_______________________________________________________________________




1892. 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 1998, 
Public Law 105-78 (November 13, 1997). 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                            06/00/98

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
_______________________________________________________________________




1893. 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                     07/00/98

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

[[Page 22228]]

Fax: 202 219-5122

RIN: 1215-AA96
_______________________________________________________________________




1894. RECORDS TO BE KEPT BY EMPLOYERS UNDER THE FAIR LABOR STANDARDS ACT

Priority:  Substantive, Nonsignificant

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

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

CFR Citation:  29 CFR 516 et seq

Legal Deadline: None

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

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            08/00/98

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
_______________________________________________________________________




1895. 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                            05/00/98

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
_______________________________________________________________________




1896. 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                            07/00/98

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
_______________________________________________________________________




1897. 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

[[Page 22229]]

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                            09/00/98

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
_______________________________________________________________________




1898.  MINIMUM WAGE AND OVERTIME VIOLATIONS--CIVIL MONEY 
PENALTIES (29 CFR 578); CHILD LABOR VIOLATIONS - CIVIL MONEY PENALTIES 
(29 CFR 579); ADJUSTMENT OF CIVIL MONEY PENALTIES FOR INFLATION

Priority:  Substantive, Nonsignificant

Legal Authority:  29 USC 216(e); PL 101-410; PL 104-134

CFR Citation:  29 CFR 578; 29 CFR 579

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

Abstract: The Debt Collection Improvement Act of 1996 (PL 104-134) 
amended the Federal Civil Monetary Penalties Inflation Adjustment of 
1990 (PL 101-410) to require Federal agencies to adjust certain civil 
money penalties for inflation. The Department is proposing adjustments 
in the civil money penalties that may be assessed under section 16(e) 
of the Fair Labor Standards Act for (1) repeated or willful violations 
of the minimum wage or overtime provisions; and (2) child labor 
violations. Any increase in the penalty amounts shall apply only to 
violations which occur after the effective date of the increase.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            04/00/98

Small Entities Affected: None

Government Levels Affected: State, Local, Tribal, Federal

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

RIN: 1215-AB20
_______________________________________________________________________




1899.  LABOR STANDARDS PROVISIONS APPLICABLE TO CONTRACTS 
COVERING FEDERALLY FINANCED AND ASSISTED CONSTRUCTION (29 CFR PART 5), 
DEFINITION OF ``SITE OF THE WORK'' UNDER THE DAVIS-BACON ACT

Priority:  Substantive, Nonsignificant

Legal Authority:  40 USC 276a-276a-7; 40 USC 276c

CFR Citation:  29 CFR 5

Legal Deadline: None

Abstract: Two appellate court decisions have ruled that the Department 
of Labor's definition of ``site of the work'' in section 5.2(1) of the 
Davis-Bacon Act regulations does not conform to the statutory language 
of the Davis-Bacon Act, which requires payment of prevailing wages as 
determined under the Act to all laborers and mechanics ``employed 
directly upon the site of the work.'' (See, e.g., Ball, and Ball and 
Brosamer v. Reich, 24 F.3d 1447 (D.C. Cir. 1994); L.P. Cavett Company 
v. U.S. Department of Labor, 101 F.3d 1111 (6th Cir. 1996).) The 
Department is proposing technical clarifications of Davis-Bacon 
coverage based on the site of the work definition as interpreted by 
these court decisions.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            06/00/98

Small Entities Affected: None

Government Levels Affected: State, Local, Federal

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

RIN: 1215-AB21

[[Page 22230]]

_______________________________________________________________________


DEPARTMENT OF LABOR (DOL)                              Final Rule Stage


Employment Standards Administration (ESA)



_______________________________________________________________________




1900. AFFIRMATIVE ACTION AND NONDISCRIMINATION OBLIGATIONS OF 
CONTRACTORS AND SUBCONTRACTORS FOR SPECIAL DISABLED VETERANS AND 
VETERANS OF THE VIETNAM ERA

Priority:  Substantive, Nonsignificant

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

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

CFR Citation:  41 CFR 60-250

Legal Deadline: None

Abstract: OFCCP is planning to revise its regulations implementing 38 
USC 4212 (formerly 2012) the affirmative action provision of the 
Vietnam Era Veterans' Readjustment Assistance Act of 1974 to: (1) make 
its provisions for special disabled veterans consistent with section 
503 of the Rehabilitation Act of 1973 (2) incorporate some legislative 
and other changes that have occurred, and (3) generally clarify 38 USC 
4212 Affirmative Action Program (AAP) requirements.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule Invitation to 
Self-Identify (41 CFR 60-
250.5(d))                       05/01/96                    61 FR 19336
NPRM                            09/24/96                    61 FR 50079
NPRM Comment Period End         12/27/96
Final Action                    05/00/98

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
_______________________________________________________________________




1901. 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                    05/00/98

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
_______________________________________________________________________




1902. STANDARDS FOR WAIVERS UNDER SECTION 503 OF THE REHABILITATION ACT

Priority:  Substantive, Nonsignificant

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

CFR Citation:  41 CFR 60-741

Legal Deadline: None

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

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            02/14/96                     61 FR 5902
NPRM Comment Period End         04/15/96
Final Action                    06/00/98

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
_______________________________________________________________________




1903. 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

[[Page 22231]]

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 8/22/97                      05/24/97                     62 FR 8201
Final Action                    12/00/98

Small Entities Affected: Undetermined

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
_______________________________________________________________________




1904. 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; 20 CFR 25

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                            12/23/97                    62 FR 67120
NPRM Comment Period End         02/23/98
Final Action                    05/00/98

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
_______________________________________________________________________




1905. 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                    06/00/98

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
_______________________________________________________________________




1906. USE AND DISCLOSURE OF FEDERAL EMPLOYEES' COMPENSATION ACT CLAIMS 
FILE MATERIAL

Priority:  Substantive, Nonsignificant

Legal Authority:  5 USC 8149

CFR Citation:  20 CFR 1012

Legal Deadline: None

Abstract: Proposed rule will revise regulations relating to the 
release, use, and disclosure of documents relating to claims filed 
under the Federal Employees' Compensation Act. Rule will reserve to 
OWCP sole authority for ruling on requests for correction of records.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            07/28/97                    62 FR 40418
NPRM Comment Period End         09/26/97
Final Action                    04/00/98

Small Entities Affected: None

Government Levels Affected: None

Agency Contact: Shelby Hallmark, Deputy Director, OWCP, Department of 
Labor, Employment Standards Administration, 200 Constitution Avenue 
NW., Room S3524, FP Building, Washington, DC 20210
Phone: 202 219-7503
Fax: 202 219-4321

RIN: 1215-AB18

[[Page 22232]]

_______________________________________________________________________




1907.  AFFIRMATIVE ACTION AND NONDISCRIMINATION OBLIGATIONS OF 
CONTRACTORS AND SUBCONTRACTORS REGARDING INDIVIDUALS WITH DISABILITIES

Priority:  Substantive, Nonsignificant

Legal Authority:  29 USC 706; 29 USC 793; EO 11758

CFR Citation:  41 CFR 60-741 (Revision)

Legal Deadline: None

Abstract: This final rule revises appendix C to the regulations 
implementing section 503 of the Rehabilitation Act of 1973. Appendix C 
contains procedures that Government contractors may use to review their 
personnel processes to ensure that the processes are fair to disabled 
applicants and employees. The existing appendix recommends that 
contractors attach or include a description of accommodations 
considered or used for individuals with disabilities to application 
forms or personnel records. As revised, the appendix recommends that 
the description of accommodations be maintained in separate 
confidential medical files.
The revision results from a comment submitted by the Equal Employment 
Opportunity Commission in response to OFCCP's NPRM under the Vietnam 
Era Veterans Readjustment Assistance Act (VEVRAA), which contains a 
similar appendix. The EEOC submitted that in most instances 
descriptions of accommodations constitute medical information that, 
under the Americans with Disabilities Act, must be maintained in 
separate files and treated as confidential medical records.
Accordingly, the revision is required in order to ensure that 
contractors complying with section 503 will not inadvertently violate 
the Americans with Disabilities Act. The revision also ensures 
continued consistency between OFCCP's rules under Section 503 and 
VEVRAA, which minimizes contractor burdens and confusion.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Final Action                    04/00/98

Small Entities Affected: None

Government Levels Affected: None

Agency Contact: James I. Melvin, Director, Division of Policy, 
Planning, and Program Development, OFCCP, Department of Labor, 
Employment Standards Administration, 200 Constitution Avenue NW., Room 
C3325, FP Building, Washington, DC 20210
Phone: 202 219-9430
TDD: 800 326-2577
Fax: 202 219-6195

RIN: 1215-AB19
_______________________________________________________________________


DEPARTMENT OF LABOR (DOL)                             Long-Term Actions


Employment Standards Administration (ESA)



_______________________________________________________________________




1908. 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                            04/00/99

Small Entities Affected: Businesses, Governmental Jurisdictions, 
Organizations

Government Levels Affected: State, Local, Federal

Agency Contact: John R. Fraser, Deputy Administrator, Wage and Hour

[[Page 22233]]

Division, Department of Labor, Employment Standards Administration, 200 
Constitution Avenue NW., Room S3502, FP Bldg., Washington, DC 20210
Phone: 202 219-8305

RIN: 1215-AA14
_______________________________________________________________________




1909. 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
_______________________________________________________________________




1910. 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)



_______________________________________________________________________




1911. PROCEDURES FOR HANDLING DISCRIMINATION COMPLAINTS UNDER FEDERAL 
``WHISTLEBLOWER'' PROTECTION STATUTES

Completed:
________________________________________________________________________

Reason                            Date                      FR Cite

________________________________________________________________________

Transfer Development to RIN 
1218-AB75                       11/05/97

RIN: 1215-AA83
_______________________________________________________________________




1912. 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

[[Page 22234]]

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
Final Action                    12/09/97                    62 FR 64956
Final Action Effective          02/09/98

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
_______________________________________________________________________




1913. CIVIL MONEY PENALTIES ADJUSTMENT OF THE LONGSHORE ACT

Priority:  Substantive, Nonsignificant

Legal Authority:  33 USC 939; 28 USC 2461

CFR Citation:  20 CFR 702.204; 20 CFR 702.236; 20 CFR 702.271

Legal Deadline: None

Abstract: Proposed adjustment to civil money penalties levied under 
Longshore and Harbor Workers' Compensation Act as required by Federal 
Civil Monetary Penalties Inflation Act of 1990, as amended.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            07/02/97                    62 FR 35715
NPRM Comment Period End         08/01/97
Final Action                    10/17/97                    62 FR 53955
Final Action Effective          11/17/97

Small Entities Affected: None

Government Levels Affected: None

Agency Contact: Shelby Hallmark, Deputy Director, OWCP, Department of 
Labor, Employment Standards Administration, 200 Constitution Avenue 
NW., Room S3524, FP Building, Washington, DC 20210
Phone: 202 219-7503
Fax: 202 219-4321

RIN: 1215-AB17
_______________________________________________________________________


DEPARTMENT OF LABOR (DOL)                           Proposed Rule Stage


Employment and Training Administration (ETA)



_______________________________________________________________________




1914. JOB TRAINING PARTNERSHIP ACT: INDIAN AND NATIVE AMERICAN PROGRAMS

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

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

Legal Authority:  Title IV, sec 401 of the JTPA

CFR Citation:  20 CFR 632; 20 CFR 636

Legal Deadline: None

Abstract: The purpose of title IV, section 401 of the Job Training 
Partnership Act is to provide job training and employment activities to 
Indians and other Native Americans. Such programs shall be administered 
in such a manner as to maximize the Federal commitment to support 
growth and development as determined by representatives for the 
communities and groups served by this section, including furtherance of 
the policy of Indian Self-Determination. This rule would implement 
changes made by the 1992 amendments to JTPA.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            04/00/98

Small Entities Affected: Undetermined

Government Levels Affected: Tribal

Agency Contact: Thomas Dowd, Chief, Division of Indian and Native 
American 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-AA96
_______________________________________________________________________




1915. 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 $69 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                            06/00/98

Small Entities Affected: None

Government Levels Affected: None

Agency Contact: Thomas M. Dowd, Chief, Division of Migrant and Seasonal 
Farm, Worker Programs, Department of Labor, Employment and Training 
Administration, 200 Constitution Avenue NW., Room N4641, FP Building, 
Washington, DC 20210
Phone: 202 219-8502
Fax: 202 219-6338
Email: [email protected]

RIN: 1205-AA99

[[Page 22235]]

_______________________________________________________________________




1916. 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.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           12/08/94                    59 FR 63670
ANPRM Comment Period End        02/06/95
Interim Final Rule              05/11/95                    60 FR 25560
NPRM                            09/00/98

Small Entities Affected: Governmental Jurisdictions

Government Levels Affected: State, Federal

Agency Contact: Robert Gillham, Team Leader, Federal Programs Team, 
Department of Labor, Employment and Training Administration, 200 
Constitution Avenue NW., Washington, DC 20210
Phone: 202 219-5616

RIN: 1205-AB02
_______________________________________________________________________




1917. 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                            12/00/98

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: 202 219-5223
Fax: 202 219-8506
Email: [email protected]

RIN: 1205-AB10
_______________________________________________________________________




1918.  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 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 employee 
protection provisions were constitutional; therefore, rulemaking on the 
monetary benefits aspect of the employee protection program can 
proceed. In 1991 DOT determined there were no job losses due to 
deregulation. In September 1993, the U.S. District Court for the 
District of Columbia ordered DOT to develop broader guidelines to apply 
to air carriers, which may result in a finding of job losses. DOL has 
reinstituted clearance on the proposed rule. No benefits are payable to 
eligible workers until DOT determines that an air carrier experienced a 
qualifying dislocation and Congress appropriates the money to award 
benefits. To date, neither of these actions has occurred.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            09/00/98

Small Entities Affected: None

Government Levels Affected: State, Federal

Agency Contact: Betty E. Castillo, Chief, Division of Program 
Development and Implementation, Department of Labor, Employment and 
Training Administration, 200 Constitution Avenue NW., Room S4514, FP 
Building, Washington, DC 20210
Phone: 202 219-5616

RIN: 1205-AB17

[[Page 22236]]

_______________________________________________________________________


DEPARTMENT OF LABOR (DOL)                              Final Rule Stage


Employment and Training Administration (ETA)



_______________________________________________________________________




1919. 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                    06/00/98

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
_______________________________________________________________________




1920. 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.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            01/17/95                     60 FR 3472
NPRM Comment Period End         03/20/95
Final Action                    09/00/98

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
_______________________________________________________________________




1921.  INDIAN AND NATIVE AMERICAN WELFARE-TO-WORK PROGRAM

Priority:  Substantive, Nonsignificant

Legal Authority:  42 USC 612(a)(3)(c)(iii), The Social Security Act, as 
amended

CFR Citation:  20 CFR 646

Legal Deadline:  Final, Statutory, November 4, 1997.
The above citation mandates that the Secretary prescribe reg- lations 
within 90 days of enactment, which was August 5, 1997. to publish 
Interim Final rule by October 31, 1998.

Abstract: These are program regulations needed to implement the Indian 
and Native American set aside under the Welfare-to-Work program, 
authorized by section 412(a)(3) of the Social Security Act, as amended.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              04/01/98                    63 FR 15985
Interim Final Rule Effective    04/01/98
Interim Final Rule Comment 
Period End                      06/01/98

Small Entities Affected: None

Government Levels Affected: Tribal

Agency Contact: Thomas Dowd, Chief, Division of Indian and Native 
American Programs, Department of Labor, Employment and Training 
Administration, 200 Constitution Avenue NW., Room N4641, FP Building, 
Washington, DC 20210
Phone: 202 219-8502
Fax: 202 219-6338
Email: [email protected]

RIN: 1205-AB16
_______________________________________________________________________


DEPARTMENT OF LABOR (DOL)                             Long-Term Actions


Employment and Training Administration (ETA)



_______________________________________________________________________




1922. 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.

Timetable: Next Action Undetermined

Small Entities Affected: Undetermined

Government Levels Affected: State, Local, Federal

[[Page 22237]]

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: 202 219-5257

RIN: 1205-AA37
_______________________________________________________________________




1923. LABOR CERTIFICATION PROCESS FOR THE PERMANENT EMPLOYMENT OF ALIENS 
IN THE UNITED STATES

Priority:  Other Significant

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

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

CFR Citation:  20 CFR 656

Legal Deadline: None

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

Timetable: Next Action Undetermined

Small Entities Affected: None

Government Levels Affected: State, Federal

Agency Contact: James Norris, Director, Division of Foreign Labor 
Certifications, 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-AA66
_______________________________________________________________________




1924. 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
_______________________________________________________________________




1925. ESTABLISHMENT OF FEES FOR IMMIGRATION PROGRAMS ADMINISTERED BY THE 
EMPLOYMENT AND TRAINING ADMINISTRATION

Priority:  Other Significant

Legal Authority:  Not yet determined

CFR Citation:  Not yet determined

Legal Deadline: None

Abstract: The regulation 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
_______________________________________________________________________




1926. WELFARE-TO-WORK (WTW) GRANTS

Priority:  Other Significant

Legal Authority:  42 USC 601-619

CFR Citation:  20 CFR 645

Legal Deadline:  Final, Statutory, November 3, 1997.
90 days from enactment

Abstract: The Employment and Training Administration published interim 
final regulations on November 18, 1997 implementing the Welfare-to-Work 
Grants Program. The Personal Responsibility and Work Opportunity 
Reconciliation Act reformed the Nation's welfare laws, when enacted in 
August 1996, by creating a new system of block grants to the States for 
Temporary Assistance for Needy Families (TANF). Moving people from 
welfare to work is one of the primary goals of Federal welfare policy 
as well as one of five goals the Secretary of Labor has identified for 
the Department of Labor. Section 5001 of the Balanced Budget Act of 
1997 authorized the Department of Labor to provide Welfare-to-Work 
Grants to States and

[[Page 22238]]

local communities to create additional job opportunities for the 
hardest-to-employ recipients of TANF. The Welfare-to-Work Grants will 
be provided to the States through the use of a formula, and in a 
competitive process to local communities. A small amount of total grant 
funds will be set aside for special purposes: One percent for Indian 
tribes, 0.8 percent for evaluation; and $100 million for performance 
bonuses to successful States.
The interim final regulations and other guidance focus on providing 
maximum local flexibility. Guidance and regulations reflect minimal 
amplification of the law and provide further information or 
clarification as needed to make the program operational. Existing 
regulations and systems are used wherever possible. Reporting 
requirements will assure program integrity and provide timely 
information for tracking performance. Performance measures will be 
established and will serve as the basis for the award of FY 2000 bonus 
grants to the States based on successful performance. Products provided 
to link welfare agencies and workforce development system agencies at 
the operational level of service provision to welfare recipients in 
order to maximize resources available and avoid duplication and 
overlap. Leveraging of non-Federal resources at the State and local 
level is encouraged.
These funds will allow States and local communities to help move 
eligible individuals into jobs by: job creation through public or 
private sector wage subsidies; on-the-job training; contracts with 
public or private providers of job readiness, job placement, and post-
employment services; job vouchers for similar services; community 
service or work experience; or job retention and supportive services 
(if such services are not otherwise available).

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              11/18/97                    62 FR 61587
Final Action                    00/00/00

Small Entities Affected: None

Government Levels Affected: State, Local, Tribal

Agency Contact: Dennis Lieberman, Acting Director, Office of Welfare to 
Work, Department of Labor, Employment and Training Administration, 200 
Constitution Avenue NW., Room C4524, FP Building, Washington, DC 20210
Phone: 202 708-7185

RIN: 1205-AB15
_______________________________________________________________________


DEPARTMENT OF LABOR (DOL)                             Completed Actions


Employment and Training Administration (ETA)



_______________________________________________________________________




1927. LABOR CERTIFICATION PROCESS FOR THE PERMANENT EMPLOYMENT OF 
ALIENS; RESEARCHERS EMPLOYED BY COLLEGES AND UNIVERSITIES

Priority:  Other Significant

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

CFR Citation:  20 CFR 656.40

Legal Deadline: None

Abstract: The Employment and Training Administration is proposing to 
amend its regulations relating to labor certification for permanent 
employment of immigrant aliens in the United States. The proposed 
amendments would change the way prevailing wage determinations are made 
for researchers employed by colleges and universities. The amendments 
would also change the way prevailing wages are determined for colleges 
and universities filing H-1B labor condition applications on behalf of 
researchers, since the regulations governing prevailing wage 
determinations for the permanent employment of aliens 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                    03/20/98                    63 FR 13756
Final Action Effective          05/04/98

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: [email protected]

RIN: 1205-AB11
_______________________________________________________________________


DEPARTMENT OF LABOR (DOL)                                 Prerule Stage


Pension and Welfare Benefits Administration (PWBA)



_______________________________________________________________________




1928.  AMENDMENTS TO SUMMARY PLAN DESCRIPTION REGULATIONS

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

Unfunded Mandates: Undetermined

Legal Authority:  29 USC 1024; 29 USC 1135

CFR Citation:  29 CFR 2520.102-3; 29 CFR 2520.102-5

Legal Deadline: None

Abstract: These proposed amendments to the regulations governing the 
contents of summary plan descriptions are intended to ensure that all 
participants in group health plans are provided, consistent with the 
recommendations of the President's Advisory Commission on Consumer 
Protection and Quality in the Health Care Industry, understandable 
information concerning their plan; provider network composition; 
preauthorization and utilization review procedures; whether, and under 
what circumstances, coverage is provided for existing and new drugs; 
and whether, and under what circumstances coverage is provided for 
experimental drugs, devices and procedures. These amendments will 
include the repeal of special rules limiting the information

[[Page 22239]]

that must be included in summary plan descriptions with respect to 
certain health maintenance organizations.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           08/00/98

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 N5669, FP Building, Washington, DC 20210
Phone: 202 219-8521

RIN: 1210-AA69
_______________________________________________________________________


DEPARTMENT OF LABOR (DOL)                           Proposed Rule Stage


Pension and Welfare Benefits Administration (PWBA)



_______________________________________________________________________




1929. 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. The Department has determined to develop a revised proposal 
utilizing the negotiated rulemaking process.

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
NPRM Second                     09/00/98

Small Entities Affected: Undetermined

Government Levels Affected: Undetermined

Agency Contact: Elizabeth Goodman, 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
_______________________________________________________________________




1930. 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: Under title I of ERISA, title IV of ERISA, and the Internal 
Revenue Service code, as amended, pension and other employee benefit 
plans are generally required to file returns/reports annually 
concerning, among other things, the financial condition and operations 
of the plan. These annual reporting requirements are satisfied 
generally by filing the form 5500 series in accordance with its 
instructions and related regulations. The Department of Labor, IRS, and 
PBGC 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

________________________________________________________________________

Proposed Forms Revisions        09/03/97                    62 FR 46556
Proposed Forms Comment Period 
End                             11/03/97
NPRM                            05/00/98
Final Action                    11/00/98

Small Entities Affected: Undetermined

Government Levels Affected: Undetermined

Additional Information: Public hearing held November 17, 1997. Hearing 
comment period ended 12/31/97.

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
_______________________________________________________________________




1931. RULEMAKING 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

[[Page 22240]]

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                           09/23/97                    62 FR 49894
ANPRM Comment Period End        11/24/97
NPRM                            10/00/98

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
_______________________________________________________________________




1932. REQUEST FOR INFORMATION CONCERNING EMPLOYEE BENEFIT PLAN CLAIMS 
PROCEDURES

Priority:  Info./Admin./Other

Legal Authority:  29 USC 1133; 29 USC 1135

CFR Citation:  29 CFR 2550.503-1

Legal Deadline: None

Abstract: The Department is requesting information from the public 
concerning the advisability of amending existing regulations setting 
forth minimum requirements for employee benefit plan claims procedures. 
The Department is seeking information to assist it in, among other 
things, evaluating the extent to which current claims procedure 
regulations assure that group health plan participants and 
beneficiaries have effective and timely means of filing and resolving 
claims for medical care benefits.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Request for Information--
Amendment of Regulations on Plan 
Claims Procedures               09/08/97                    62 FR 47262
Comment Period End              11/07/97
NPRM                            06/00/98

Small Entities Affected: None

Government Levels Affected: None

Agency Contact: Susan Lahne, Staff Attorney, 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-AA61
_______________________________________________________________________




1933. REPORTING REQUIREMENTS FOR MEWAS PROVIDING MEDICAL CARE BENEFITS

Priority:  Substantive, Nonsignificant

Unfunded Mandates: Undetermined

Legal Authority:  29 USC 1135; 29 USC 1021(g)(h) (PL 104-191; 110 Stat 
1952); 29 USC 1194

CFR Citation:  Not yet determined

Legal Deadline: None

Abstract: These proposed rules will govern certain reporting 
requirements under title I of the Employee Retirement Income Security 
Act of 1974, as amended (ERISA) for multiple employer welfare 
arrangements (MEWAs) that provide benefits consisting of medical care. 
In part, the rules will implement recent changes made to ERISA by the 
Health Insurance Portability and Accountability Act of 1996 (HIPAA). 
The proposed rules will also set forth elements that MEWAs would be 
required to file with the Department of Labor for the purpose of 
determining compliance with the portability, nondiscrimination, 
renewability and other requirements of part 7 of Subtitle B of title I 
of ERISA including the requirements of the Mental Health Parity Act of 
1996 and the Newborns' and Mothers' Protection Act of 1996. The 
proposed rules would also provide guidance with respect to section 
502(c)(5) of ERISA, which authorizes the Secretary of Labor to assess a 
civil penalty of up to $1,000 a day for failure to comply with the new 
reporting requirements.
The Health Insurance Portability and Accountability Act of 1996 
(HIPAA), PL 104-191, was enacted on August 21, 1996. HIPAA amended the 
Employee Retirement Income Security Act of 1974, as amended (ERISA) to 
provide for, among other things, improved portability and continuity of 
health insurance coverage. The Newborns' and Mothers' Health Protection 
Act of 1996 (NMHPA), PL 104-204, and the Mental Health Parity Act of 
1996 (MHPA) also PL 104-204, were enacted on September 26, 1996 to 
provide protection for mothers and their newborn children with regard 
to the length of hospital stays following birth and parity in the 
application of limits for certain mental health benefits with limits on 
medical and surgical benefits, respectively. All of the above 
provisions are set forth in a new part 7 of Subtitle B of title I of 
ERISA.
Section 101(g)(h) of ERISA, as amended by HIPAA, provides that the 
Secretary of Labor may prescribe reporting requirements for multiple 
employer welfare arrangements (MEWAs) that provide benefits consisting 
of medical care but are not group health plans within the meaning of 
title I of ERISA. The reporting requirements of section 101(g)(h) of 
ERISA, as well as the related civil penalty provisions of section 
502(c)(5) of ERISA, are intended to help determine the extent to which 
the requirements of part 7 of Subtitle B of title I of ERISA are being 
carried out in connection with the provision of medical care by such 
MEWAs.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            09/00/98

Small Entities Affected: Undetermined

Government Levels Affected: None

Additional Information: The Department has statutory authority to 
publish this rule as an interim final rule, with a request for 
comments. A determination has yet to be made with regard to whether the 
rule should be promulgated on an interim basis.

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

RIN: 1210-AA64
_______________________________________________________________________




1934. ELIMINATION OF FILING REQUIREMENTS FOR SUMMARY PLAN DESCRIPTIONS

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 eliminate existing text in the CFR.

Legal Authority:  29 USC 1024; 29 USC 1135; PL 105-34, section 1503

[[Page 22241]]

CFR Citation:  29 CFR 2520.104a-1; 29 CFR 2520.104a-2; 29 CFR 
2520.104a-3; 29 CFR 2520.104a-4; 29 CFR 2520.104a-5; 29 CFR 2520.104a-
6; 29 CFR 2520.104a-7

Legal Deadline: None

Abstract: This rulemaking will remove from the CFR certain regulations 
that have been superseded by amendments to title I of ERISA effected by 
the Taxpayer Relief Act of 1997 (PL 105-34), that eliminate the 
requirement for plan administrators to file summary plan descriptions 
(SPDs), summary material modifications (SMMs), and updated SPDs with 
the Department of Labor. Under the amendments, plan administrators must 
continue to furnish participants and beneficiaries with copies of these 
documents. A separate rulemaking (RIN: 1210-AA67 and 1210-AA68) will 
implement the Taxpayer Relief Act amendments that require plan 
administrators to furnish copies of SPDs and any other documents 
relating to the plan to the Department on request, and authorize the 
Secretary of Labor to assess a civil penalty for failure to do so.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            08/00/98

Small Entities Affected: Undetermined

Government Levels Affected: None

Agency Contact: Jeffrey J. Turner, Pension Law Specialist, Department 
of Labor, Pension and Welfare Benefits Administration, 200 Constitution 
Avenue NW., Room N5669, FP Building, Washington, DC 20210
Phone: 202 219-8671

RIN: 1210-AA66
_______________________________________________________________________




1935. REQUIREMENT TO FURNISH PLAN DOCUMENTS UPON REQUEST BY THE 
SECRETARY OF LABOR

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

Unfunded Mandates: Undetermined

Legal Authority:  29 USC 1024; 29 USC 1135; PL 105-34, section 1503

CFR Citation:  29 CFR 2520.104(a)

Legal Deadline: None

Abstract: This rulemaking will implement an amendment to title I of 
ERISA made by section 1503 of the Taxpayer Relief Act of 1997 (PL 105-
34) which requires plan administrators to furnish copies of any 
documents relating to the plan to the Department on request.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            08/00/98

Small Entities Affected: Undetermined

Government Levels Affected: None

Agency Contact: Jeffrey J. Turner, Pension Law Specialist, Department 
of Labor, Pension and Welfare Benefits Administration, 200 Constitution 
Avenue NW., Room N5669, FP Building, Washington, DC 20210
Phone: 202 219-8671

RIN: 1210-AA67
_______________________________________________________________________




1936. CIVIL PENALTY FOR FAILURE TO FURNISH CERTAIN PLAN DOCUMENTS

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

Unfunded Mandates: Undetermined

Legal Authority:  PL 105-34, section 1503; 29 USC 1135; 29 USC 1132

CFR Citation:  Not yet determined

Legal Deadline: None

Abstract: This rulemaking will implement the enforcement aspects of 
amendments to title I of ERISA made by section 1503 of the Taxpayer 
Relief Act of 1997 (Public Law 105-34) which, while eliminating the 
requirement that plan administrators file summary plan descriptions 
(SPDs), summary material modifications (SMMs) and updated SPDs with the 
Department of Labor, also provided that administrators must furnish 
copies of any documents relating to the plan, including but not limited 
to SPDs, to the Department on request. In addition, the amendments 
authorize the Secretary of Labor to assess a civil penalty of up to 
$100 a day, up to a maximum of $1,000 per request, against a plan 
administrator who fails to furnish the requested documents on a timely 
basis.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            06/00/98

Small Entities Affected: Undetermined

Government Levels Affected: None

Agency Contact: Jeffrey J. Turner, Pension Law Specialist, Department 
of Labor, Pension and Welfare Benefits Administration, 200 Constitution 
Avenue NW., Room N5669, FP Building, Washington, DC 20210
Phone: 202 219-8671

RIN: 1210-AA68
_______________________________________________________________________


DEPARTMENT OF LABOR (DOL)                              Final Rule Stage


Pension and Welfare Benefits Administration (PWBA)



_______________________________________________________________________




1937. 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.

[[Page 22242]]

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
Final Action                    09/00/98

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
_______________________________________________________________________




1938. 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 benefit 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 1999 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
Final Action                    06/00/98

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
_______________________________________________________________________




1939. 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-1); 29 CFR 2510.3-101

Legal Deadline:  NPRM, Statutory, June 30, 1997. Final, Statutory, 
December 31, 1997. Other, Statutory, September 30, 1997.
The statute specifies that 6/30/99 is the latest date as to which the 
regulation shall take effect and that the regulation shall generally 
not take effect until 18 months after it becomes final.

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

________________________________________________________________________

Request for Information         11/25/96                    61 FR 59845
NPRM                            12/22/97                    62 FR 66908
NPRM Comment Period End         03/23/98
Final Action                    10/00/98

Small Entities Affected: Undetermined

Government Levels Affected: None

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
_______________________________________________________________________




1940. INTERIM RULES RELATING TO HEALTH CARE STANDARDS FOR MOTHERS AND 
NEWBORNS

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

Unfunded Mandates: Undetermined

Legal Authority:  29 USC 1181 (PL 104-204; 110 Stat 2935); 29 USC 1135; 
29 USC 1194

CFR Citation:  Not yet determined

Legal Deadline: None

Abstract: The Newborns' and Mothers' Health Protection Act of 1996 
(NMHPA) was enacted on September 26, 1996 (PL 104-204). NMHPA amended 
the Public Health Service Act (PHSA) and the Employee Retirement Income 
Security Act of 1974, as amended, (ERISA) to provide protection for 
mothers and their newborn children with regard to the length of 
hospital stays following the birth of a child. NMHPA provisions are set 
forth in title XXVII of the PHSA and part 7 of Subtitle B of title I of 
ERISA. The interim rules will provide guidance with regard to the 
provisions of the NMHPA.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              05/00/98

Small Entities Affected: Undetermined

Government Levels Affected: None

Additional Information: LEGAL AUTHORITY CONT: Secs. 107, 209, 505, 701-
703, 711, 712, 731-734 of ERISA (29 U.S.C. 1027, 1059, 1135, 1171-1173, 
1181, 1182, 1191-1194), and amended by HIPAA (Pub. L. 104-191,

[[Page 22243]]

101 Stat. 1936) and NMHPA (Pub. L. 104-204) and Secretary of Labor's 
Order No. 1-87, 52 FR 13139, April 21, 1987.

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

RIN: 1210-AA63
_______________________________________________________________________


DEPARTMENT OF LABOR (DOL)                             Long-Term Actions


Pension and Welfare Benefits Administration (PWBA)



_______________________________________________________________________




1941. 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
_______________________________________________________________________




1942. CIVIL PENALTIES UNDER ERISA SECTION 502(L)

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

Unfunded Mandates: Undetermined

Legal Authority:  29 USC 1132

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

Legal Deadline: None

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

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            06/20/90                    55 FR 25284
Interim Final Rule              06/20/90                    55 FR 25284
NPRM Comment Period End         08/20/90                    55 FR 25284


Next Action Undetermined

Small Entities Affected: None

Government Levels Affected: None

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

RIN: 1210-AA37
_______________________________________________________________________




1943. 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: 202 219-8521

RIN: 1210-AA44

[[Page 22244]]

_______________________________________________________________________




1944. 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

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.

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
Final Action                    12/00/99

Small Entities Affected: Undetermined

Government Levels Affected: None

Agency Contact: Daniel J. Maguire, Director, Health Care Task Force, 
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
_______________________________________________________________________




1945. INTERIM RULES RELATING TO MENTAL HEALTH BENEFITS PARITY

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

Unfunded Mandates: Undetermined

Legal Authority:  29 USC 1135; 29 USC 1182 (PL 104-204; 110 Stat 2944); 
29 USC 1194

CFR Citation:  Not yet determined

Legal Deadline: None

Abstract: The Mental Health Parity Act of 1996 (MHPA) was enacted on 
September 26, 1996 (P.L. 104-204). MHPA amended the Public Health 
Service Act (PHSA) and the Employee Retirement Income Security Act of 
1974, as amended, (ERISA) to provide for parity in the application of 
limits on certain mental health benefits with limits on medical and 
surgical benefits. MHPA provisions are set forth in title XXVII of the 
PHSA and part 7 of Subtitle B of title I of ERISA. The interim rules 
will provide guidance with regard to the provisions of the MHPA.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              12/22/97                    62 FR 66932
Final Action                    12/00/99

Small Entities Affected: Undetermined

Government Levels Affected: None

Additional Information: LEGAL AUTHORITIES CONT: Secs. 107, 209, 505, 
701-703, 711, 712, 731-734 of ERISA (29 U.S.C. 1027, 1059, 1135, 1171-
1173, 1181, 1182, 1191-1194), as amended by HIPAA (Pub. L. 104-191, 101 
Stat. 1936) and NMHPA (Pub. L. 104-204) and Secretary of Labor's Order 
No. 1-87, 52 FR 13139, April 21, 1987.

Agency Contact: Mark Connor, Pension Law Specialist, Department of 
Labor, Pension and Welfare Benefits Administration, 200 Constitution 
Avenue NW., Room N5669, FP Building, Washington, DC 20210
Phone: 202 219-8671

RIN: 1210-AA62
_______________________________________________________________________




1946. INDIVIDUAL BENEFITS REPORTING REQUIREMENTS FOR DEFINED 
CONTRIBUTION PLANS

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

Unfunded Mandates: Undetermined

Legal Authority:  29 USC 1025; 29 USC 1059; 29 USC 1135

CFR Citation:  29 CFR 2520.105-1

Legal Deadline: None

Abstract: ERISA sections 105 and 209 require the furnishing of 
statements of accrued and vested pension benefits upon request of a 
participant or beneficiary, upon a participant's termination of service 
with an employer, and upon a participant's incurring a one-year break 
in service. This regulation will provide guidance with respect to the 
furnishing of individual benefit reports to participants and 
beneficiaries in defined contribution pension plans.

Timetable: Next Action Undetermined

Small Entities Affected: Undetermined

Government Levels Affected: Undetermined

Agency Contact: Debra M. Golding, Pension Law Specialist, Department of 
Labor, Pension and Welfare Benefits Administration, 200 Constitution 
Avenue NW., Room N5669, FP Building, Washington, DC 20210
Phone: 202 219-8671

RIN: 1210-AA65
_______________________________________________________________________


DEPARTMENT OF LABOR (DOL)                             Completed Actions


Pension and Welfare Benefits Administration (PWBA)



_______________________________________________________________________




1947. AMENDMENT OF REGULATIONS RELATING TO DEFINITION 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)

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

[[Page 22245]]

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(p) of the Code.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            03/27/97                    62 FR 14760
NPRM Comment Period End         05/27/97
Final Action                    11/25/97                    62 FR 62934
Final Action Effective          11/25/97

Small Entities Affected: None

Government Levels Affected: None

Agency Contact: Rudy Nuissl, Supervisory Pension Law Specialist, 
Department of Labor, Pension and Welfare Benefits Administration, 200 
Constitution Avenue NW., Room N5669, FP Building, Washington, DC 20210
Phone: 202 219-7471
Fax: 202 219-7291

RIN: 1210-AA59
_______________________________________________________________________


DEPARTMENT OF LABOR (DOL)                                 Prerule Stage


Mine Safety and Health Administration (MSHA)



_______________________________________________________________________




1948. COAL MINE DUST

Priority:  Other Significant

Legal Authority:  30 USC 811; 30 USC 812

CFR Citation:  30 CFR 70; 30 CFR 71; 30 CFR 72; 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, 
according to the National Institute for Occupational Safety and Health. 
In February 1996, the Secretary convened a Federal Advisory Committee 
on the Elimination of Pneumoconiosis Among Coal Miners (Advisory 
Committee) to assess the adequacy of MSHA's current program and 
standards to control respirable dust in underground and surface coal 
mines, as well as other ways to eliminate black lung and silicosis 
among coal miners. The Committee submitted its report to the Secretary 
in November 1996, with the majority of the recommendations unanimously 
supported by the Committee members.
MSHA has completed a preliminary review of the Advisory Committee's 
recommendations. There are 20 principal recommendations set out in the 
Advisory Committee report, which are further subdivided into a total of 
approximately 100 distinct action items. MSHA has evaluated the 
recommendations and will respond to them in an orderly fashion. The 
agency issued a status report notifying the public of MSHA's actions on 
the Advisory Committee's recommendations. More than one-third of the 
action items have been either fully implemented or approval of the 
proposed agency action is pending, while staff work on some 36 other 
action items is currently underway.

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
Policy Document - Phase 1 Press 
Release - Effective 6/15/97     05/05/97
Policy Document - Phase 2       12/31/97                    62 FR 68372
Policy Document - Phase 3       05/00/98

Small Entities Affected: Businesses

Government Levels Affected: None

Additional Information: X-ray surveillance is a separate regulation 
(1219-AB09).

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
_______________________________________________________________________




1949. 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. MSHA invites the public to submit any comments they may 
have on these training requirements before the end of the review 
period.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Begin Review                    10/01/97
End Review                      09/00/98

Small Entities Affected: Businesses, Governmental Jurisdictions

Government Levels Affected: State, Local, Tribal

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-AB02

[[Page 22246]]

_______________________________________________________________________


DEPARTMENT OF LABOR (DOL)                           Proposed Rule Stage


Mine Safety and Health Administration (MSHA)



_______________________________________________________________________




1950. DIESEL PARTICULATE

Priority:  Other Significant

Legal Authority:  30 USC 811

CFR Citation:  30 CFR 75

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 that the Secretary of Labor set in motion a 
mechanism whereby a diesel particulate standard could be set. Based on 
that recommendation, 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, MSHA plans to 
publish a proposed rule establishing new health standards for 
underground coal mines that use equipment powered by diesel engines.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           01/06/92                      57 FR 500
ANPRM Comment Period End        07/10/92                     57 FR 7906
NPRM                            04/00/98

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
_______________________________________________________________________




1951. 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, 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                            12/00/98

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
_______________________________________________________________________




1952. 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                            11/00/98

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
_______________________________________________________________________




1953. 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 are a leading 
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 ``blind spots.''

[[Page 22247]]

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            06/00/98

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
_______________________________________________________________________




1954. SAFETY STANDARDS FOR THE USE OF ROOF BOLTING MACHINES

Priority:  Substantive, Nonsignificant

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 issued an Advance Notice of Proposed 
Rulemaking to obtain additional information and data on mine operators' 
experiences with these machines.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           12/09/97                    62 FR 64789
ANPRM Comment Period End        02/09/98
Extension of Comment Period to 
3/9/98                          02/12/98                     63 FR 7089
NPRM                            09/00/98

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
_______________________________________________________________________




1955. 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                            09/00/98

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
_______________________________________________________________________




1956. ELECTRICAL STANDARDS FOR METAL AND NONMETAL MINES

Priority:  Other Significant

Legal Authority:  30 USC 811

CFR Citation:  30 CFR 56; 30 CFR 57

Legal Deadline: None

Abstract: Electric power is widely used in the mining and processing of 
minerals. Large, highly productive mining equipment, such as continuous 
miners, loaders, shuttle cars, draglines, shovels and drills, are 
electrically powered. In addition, electricity is used for the 
transportation of material on conveyors, for electric railroads, and 
for processing plants. MSHA's accident records related to inadequate 
equipment grounding support the need for improved safety standards. The 
number of electrical accidents could be reduced by proper equipment 
grounding. The proposed rule would revise MSHA's existing safety 
standards addressing hazards associated with the grounding of circuits, 
equipment, and metal enclosures at surface and underground metal and 
nonmetal mines. The proposed standard would specify requirements for 
grounding conductors to ensure that safe methods of grounding are used.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            08/00/98

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

[[Page 22248]]

_______________________________________________________________________




1957. SELF-CONTAINED SELF-RESCUE DEVICES IN UNDERGROUND METAL AND 
NONMETAL MINES

Priority:  Substantive, Nonsignificant

Legal Authority:  30 USC 811

CFR Citation:  30 CFR 57

Legal Deadline: None

Abstract: The proposed rule would revise existing standards and add new 
standards to require certain operators of underground metal and 
nonmetal mines to make self-contained self-rescue devices (SCSRs) 
available to miners. SCSRs are emergency breathing units that generate 
oxygen. Existing MSHA standards require that SCSRs be available for 
emergencies at all underground coal mines. MSHA expects that this 
proposed rule would affect fewer than 20 metal and nonmetal mines where 
methane has been detected.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            08/00/98

Small Entities Affected: Businesses

Government Levels Affected: None

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

RIN: 1219-AB06
_______________________________________________________________________




1958.  OCCUPATIONAL EXPOSURE TO COAL MINE DUST

Priority:  Other Significant

Legal Authority:  30 USC 811

CFR Citation:  30 CFR 70.100 et seq; 30 CFR 71.100 et seq; 30 CFR 
90.100 et seq; 30 CFR 72.100 et seq

Legal Deadline: None

Abstract: Upon careful review of the NIOSH criteria document 
Occupational Exposure to Coal Mine Dust and review of the 
recommendations of the Advisory Committee on Elimination of 
Pneumoconiosis Among Coal Mine Workers, MSHA finds that there remains 
unacceptable risk to miners' health at the current exposure limit for 
dust in coal mines. Therefore, the Agency is reviewing options for 
lowering this risk.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            06/00/98

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-AB08
_______________________________________________________________________




1959.  X-RAY SURVEILLANCE PROGRAM FOR SURFACE COAL MINERS

Priority:  Other Significant

Legal Authority:  80 USC 811

CFR Citation:  30 CFR 72; 30 CFR 90; 42 CFR 37

Legal Deadline: None

Abstract: In 1996 the Secretary of Labor appointed an Advisory 
Committee to make recommendations on ways to eliminate Black Lung and 
Silicosis among coal miners. The Advisory Committee voted unanimously 
to extend the x-ray medical surveillance program currently offered to 
underground coal miners to surface coal miners. Based on this 
recommendation and the recommendation of a NIOSH criteria document 
issued in 1995, the proposed rule would establish new requirements 
under 30 CFR part 72 to include surface coal miners in the x-ray 
medical surveillance program.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            07/00/98

Small Entities Affected: Businesses

Government Levels Affected: None

Additional Information: In a companion rulemaking the National 
Institute for Occupational Safety and Health, HHS, would revise related 
regulations contained in 42 CFR part 37.

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-AB09
_______________________________________________________________________




1960.  SAFETY STANDARDS FOR UNDERGROUND COAL MINE VENTILATION

Priority:  Other Significant

Legal Authority:  30 USC 811

CFR Citation:  30 CFR 75.360(a)(1)

Legal Deadline: None

Abstract: MSHA is proposing to amend section 75.360(a)(1) by requiring 
preshift examinations to be conducted within 3 hours preceding the 
beginning of any 8-hour interval during which any person is scheduled 
to work or travel underground. MSHA's 1996 final rule revising its 
standards for ventilation of underground coal mines was challenged in 
the United States Court of Appeals for the District of Columbia Circuit 
(D.C. Circuit). The D.C. Circuit reviewed the validity of the rule and 
issued an order invalidating, on procedural grounds only, section 
75.360(a)(1).
In response to the order, the Agency published a notice in the Federal 
Register reinstating the portion of the previous regulation requiring a 
preshift examination to be conducted prior to the beginning of any 
shift. This proposed rule is identical to the standard promulgated in 
the 1996 final rule which was invalidated by the D.C. Circuit.
The general practice in the mining industry at the time the Mine Act 
was enacted was for coal miners to work in shifts of 8 hours. Thus, the 
effect of the preshift examination requirement was that examiners 
conducted preshift examinations every 8 hours. However, over a period 
of time, overlapping work shifts and work shifts exceeding 8 hours have 
become common. MSHA continues to believe that it is necessary to 
address the issues surrounding the preshift examination interval. The 
proposal would clarify and standardize the application of the preshift 
examination requirements to assure that these examinations are 
concluded within appropriate time frames.
MSHA has determined that this proposed rule does not meet the criteria

[[Page 22249]]

of a significant regulatory action. The proposal would cost under $1 
million dollars and will only affect approximately 230 underground coal 
mines.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            07/00/98

Small Entities Affected: Businesses

Government Levels Affected: None

Additional Information: MSHA published a notice reinstating the portion 
of the previous regulation requiring a preshift examination be 
conducted prior to the beginning of any shift. June 30, 1997 (62 FR 
35085).

Agency Contact: Patricia W. Silvey, Director, Office of Standards, 
Regulation, 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-AB10
_______________________________________________________________________




1961.  DIESEL PARTICULATE MATTER EXPOSURE OF UNDERGROUND METAL 
AND NONMETAL MINES

Priority:  Other Significant

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

CFR Citation:  30 CFR 57

Legal Deadline: None

Abstract: The proposed rule would establish new health standards for 
underground metal and nonmetal mines that use equipment powered by 
diesel engines. The proposed rule would reduce the risks to underground 
metal and nonmetal miners of serious health hazards associated with 
exposure to high concentrations of diesel particulate matter.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            06/00/98

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-AB11
_______________________________________________________________________




1962.  RESPIRABLE CRYSTALLINE SILICA STANDARD

Priority:  Substantive, Nonsignificant

Legal Authority:  30 USC 811

CFR Citation:  30 CFR 70.101 et seq; 30 CFR 90.101 et seq; 30 CFR 
71.101 et seq; 30 CFR 72.101 et seq

Legal Deadline: None

Abstract: Existing respirable dust standards limit respirable dust when 
quartz (crystalline silica) is present. MSHA is considering a new 
standard specifying a separate exposure limit for silica (not tied to 
the respirable dust standard). This is in response to recommendations 
of the Advisory Committee on the Elimination of Pneumoconioses Among 
Coal Mine Workers who felt that separate standards for coal mine dust 
and for silica ``should aid in targeting mining situations where silica 
exposure constitutes a significant hazard.''

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            12/00/98

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-AB12
_______________________________________________________________________


DEPARTMENT OF LABOR (DOL)                              Final Rule Stage


Mine Safety and Health Administration (MSHA)



_______________________________________________________________________




1963. 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                    10/00/98

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

[[Page 22250]]

_______________________________________________________________________




1964. 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: MSHA's current air quality standards for exposure to 
hazardous airborne contaminants were promulgated over 25 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. Phase 2 addresses 
respiratory protection. MSHA also is considering alternatives which may 
address selected PELs applicable to some of the most serious hazards 
found in metal and nonmetal and coal mines. 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 - 
Respiratory Protection          08/00/98
Final Action Phase 3 - PELS     12/00/98

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
_______________________________________________________________________




1965. 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: Notwithstanding MSHA's firm enforcement of its current noise 
regulations, miners are continuing to incur hearing impairment. Data 
indicate that hearing impairment can be reduced significantly, however, 
if effective protective action is used both to reduce or eliminate the 
noise and to minimize exposure to the noise. MSHA will publish a final 
rule applicable to all types of mining which would require that 
protective measures be taken where exposure to noise is at a level 
lower than that which is currently permitted. The final rule may 
require, for example, that the mine operator make audiometric testing 
available and provide hearing protection under particular circumstances 
when a miner's exposure exceeds the ``action level.''

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 
4/21/97; Notice of Public 
Hearings                        02/06/97                     62 FR 5554
Hearings - Date Change Extension 
of Comment Period to 6/20/97    03/03/97                     62 FR 9404
Extension of Comment Period to 
8/1/97                          06/13/97                    62 FR 32252
NPRM Comment Period End         08/01/97                    62 FR 32252
Availability of Report          12/16/97                    62 FR 65777
Request for Comments 
Availability                    12/23/97                    62 FR 67013
Extension of Comment Period     01/16/98                     63 FR 2642
Final Action                    06/00/98

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
_______________________________________________________________________




1966. 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-

[[Page 22251]]

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 final rule will 
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                    10/00/98

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
_______________________________________________________________________




1967. 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 22; 30 
CFR 23; 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 certified mine equipment 
performed by independent laboratories which will improve the health and 
safety of miners. 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                    12/00/98

Small Entities Affected: Businesses

Government Levels Affected: Federal

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

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

RIN: 1219-AA87
_______________________________________________________________________




1968. 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                    12/00/98

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
_______________________________________________________________________




1969. 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, MSHA conducted a 
review of its existing regulations to identify

[[Page 22252]]

provisions that are outdated, redundant, unnecessary, or otherwise in 
need of changing. Many of the changes require notice and comment 
rulemaking while other non-substantive changes can be implemented upon 
publication. So far, the Agency has identified nine regulations that 
could be removed entirely without any adverse impact on miner safety 
and health. In general, these regulations are obsolete or redundant. 
MSHA also has identified provisions in over 80 other regulations that 
need overhauling or the cleanup of non-substantive language. MSHA 
considers this project to be an evolving, ongoing process and will 
continue to accept recommendations from the public.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM - Phase 1 Removal of 30 CFR 
21 and 24                       08/30/96                    61 FR 45925
Final Rule - Phase 1 Removal of 
30 CFR 21 and 24                04/00/98
Final Rule - Phase 2 Removal of 
30 CFR 26 and 29                09/00/98
Final Rule - Phase 3 Update of 
Reference IR 1240               09/00/98
Final Rule - Phase 4 Removal of 
30 CFR 75, subparts             09/00/98

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
_______________________________________________________________________




1970. 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                            04/28/97                    62 FR 22998
NPRM Comment Period End         07/14/97                    62 FR 35113
Final Action                    04/00/98

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
_______________________________________________________________________




1971. 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 final rule revises MSHA's 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 penalties 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.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            09/08/97                    62 FR 47330
NPRM Comment Period End         11/07/97
Final Action                    04/00/98

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-AB03
_______________________________________________________________________




1972. OBSERVATION OF OPERATOR NOISE MONITORING

Priority:  Other Significant

Legal Authority:  30 USC 813

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

Legal Deadline: None

Abstract: Section 62.120(f) of MSHA's comprehensive proposed rule on 
occupational noise exposure would require operators to establish a 
system of monitoring which effectively evaluates each miner's noise 
exposure.

[[Page 22253]]

Consistent with the Federal Mine Safety and Health Act of 1977 (Mine 
Act), and in response to comments, MSHA published a supplemental noise 
proposal to include a new provision providing affected miners and their 
representatives with an opportunity to observe this monitoring.
Section 103(c) of the Mine Act requires, among other things, that when 
the Secretary issues regulations requiring operator monitoring, ``such 
regulations shall provide the miners or their representatives with an 
opportunity to observe such monitoring or measuring, and to have access 
to the records thereof.'' The supplemental noise proposal would 
implement section 103(c) of the Mine Act.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            12/31/97                    62 FR 68497
NPRM Comment Period End         02/07/98
Public Hearing                  03/10/98                    62 FR 68497
Final Action                    06/00/98

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-AB05
_______________________________________________________________________




1973.  EXPERIENCED MINER AND SUPERVISOR TRAINING

Priority:  Other Significant

Legal Authority:  30 USC 811; 30 USC 825

CFR Citation:  30 CFR 48.2(b); 30 CFR 48.22(b); 30 CFR 48.6; 30 CFR 
48.26

Legal Deadline: None

Abstract: MSHA proposed to amend the definition of ``experienced 
miner'' to mean a miner who has had one year of mining experience and, 
for new miners hired after October 13, 1978, has completed new miner 
training. MSHA proposed to strengthen the training requirements for 
experienced miners by adding course requirements. Also, MSHA proposed 
to delete the supervisory personnel exemption from the training 
requirements. The comments received by MSHA on its September 1991 
proposed rule addressed such issues as the appropriate training for 
different types of mining, the need for training of contractors, 
training for construction workers, and other suggested training 
changes. MSHA reviewed these comments to determine the appropriateness 
of any further changes to the Agency's training regulations. Public 
hearings on the proposed rule were held in July 1992.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            09/21/91                    56 FR 48376
NPRM Comment Period End         08/24/92                    57 FR 29853
Final Action                    06/00/98

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-AB13
_______________________________________________________________________


DEPARTMENT OF LABOR (DOL)                             Long-Term Actions


Mine Safety and Health Administration (MSHA)



_______________________________________________________________________




1974. 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
_______________________________________________________________________




1975. 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

[[Page 22254]]

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
_______________________________________________________________________




1976. 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
_______________________________________________________________________




1977.  VERIFICATION OF DUST CONTROL PLAN

Priority:  Other Significant

Legal Authority:  30 USC 811

CFR Citation:  30 CFR 75

Legal Deadline: None

Abstract: Under the Federal Mine Safety and Health Act of 1997 (Mine 
Act) and its implementing regulations, all underground coal mine 
operators are required to develop and follow a mine ventilation plan 
approved by MSHA. The dust control portion of the mine ventilation plan 
is the key element of an operator's strategy to control respirable coal 
mine dust. Although such plans are required to be designed to control 
respirable dust in the work environment, there is no current 
requirement that provides for early in-mine verification of the 
proposed plan's effectiveness under typical mining conditions. 
Consequently, plans may be implemented that may later be shown as 
inadequate to control respirable dust. To minimize this from occurring, 
the Advisory Committee on the Elimination of Pneumoconiosis Among Coal 
Mine Workers recommended in its report to the Secretary of Labor that 
MSHA should require coal mine operators to verify the adequacy of the 
dust control provisions in new or revised plans by demonstrating that 
the plan will be effective under typical mining conditions. Therefore, 
MSHA intends to publish a proposed rule which would require mine 
operators to verify a plan's adequacy in controlling respirable dust.

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

RIN: 1219-AB14
_______________________________________________________________________


DEPARTMENT OF LABOR (DOL)                             Completed Actions


Mine Safety and Health Administration (MSHA)



_______________________________________________________________________




1978. 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 have 
established 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. However, in light of the comments MSHA received 
and other Agency priorities, MSHA has decided not to proceed with this 
rulemaking.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            11/02/94                    59 FR 54855
NPRM Comment Period End         02/06/95                    59 FR 60101
Withdrawn                       02/15/98

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

[[Page 22255]]

Boulevard, Room 631, Arlington, VA 22203
Phone: 703 235-1910
Fax: 703 235-5551
Email: [email protected]

RIN: 1219-AA79
_______________________________________________________________________




1979. 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 at or below the applicable standard during 
each shift where miners work or travel.

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                    02/03/98                     63 FR 5664
Final Action Effective          03/02/98

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. A final notice was issued on 
December 31, 1997.

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
_______________________________________________________________________




1980. NATIONAL MINE HEALTH AND SAFETY ACADEMY

Priority:  Info./Admin./Other

Legal Authority:  30 USC 957

CFR Citation:  30 CFR 47

Legal Deadline: None

Abstract: This final rule amends existing sections 47.10 and 47.50 
regarding tuition fees and room and board charges at the Academy by 
adding new provisions allowing MSHA discretion to waive such fees and 
charges for persons invited by MSHA to participate in an MSHA-sponsored 
program which will contribute to an improvement in the conduct, 
supervision, or management of a Mine Act function or activity or a 
function related to an MSHA appropriation.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Final Action                    11/13/97                    62 FR 60984
Final Action Effective          11/28/97

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-AB04
_______________________________________________________________________


DEPARTMENT OF LABOR (DOL)                              Final Rule Stage


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



_______________________________________________________________________




1981.  AUDITS OF STATES, LOCAL GOVERNMENTS, AND NONPROFIT 
ORGANIZATIONS

Priority:  Info./Admin./Other

Legal Authority:  PL 104-156 110 Stat.136; OMB Circular A-110; OMB 
Circular A-133

CFR Citation:  29 CFR 99

Legal Deadline: None

Abstract: The Department of Labor hereby adds title 29 CFR 99 ``Audits 
of States, Local Governments, and Non-Profit Organizations'' as a new 
regulation which codifies the revised Office of Management and Budget 
(OMB) Circular A-133 in its entirety. The Single Audit Act Amendments 
of 1996 (Public Law 104-156, 110 Stat. 136) and the June 24, 1997, 
revision of OMB Circular A-133, ``Audits of States, Local Governments, 
and Non-Profit Organizations,'' required agencies to adopt in codified 
regulations the standards in the revised OMB Circular A-133 by August 
29, 1997, so that they will apply to audits of fiscal years beginning 
after June 30, 1996. The revised OMB Circular A-133 co-located audit 
requirements for States, local governments, and non-profit 
organizations. As a consequence, the OMB rescinded OMB Circular A-128, 
``Audits of States and Local Governments.'' On August 29, 1997, the 
Department of Labor amended its grants common rules at 29 CFR 95 and 29 
CFR 97 in accordance with OMB guidance.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              05/00/98

Small Entities Affected: None

[[Page 22256]]

Government Levels Affected: State, Local

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

Agency Contact: Al 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 Building, Washington, DC 20210
Phone: 202 219-9174
Fax: 202 219-9440
Email: [email protected]

RIN: 1291-AA26
_______________________________________________________________________




1982.  AUDIT REQUIREMENTS FOR GRANTS, CONTRACTS, AND OTHER 
AGREEMENTS

Priority:  Info./Admin./Other

Legal Authority:  31 USC 7500 et seq; OMB Circular A-183

CFR Citation:  29 CFR 96

Legal Deadline: None

Abstract: The Department of Labor hereby revises title 29 of the Code 
of Federal Regulations (CFR) part 96 ``Audit Requirements for Grants, 
Contracts, and Other Agreements'' to consolidate various provisions and 
ensure consistency, continuity, and ameliorate conflicts with subtitle 
A of 29 CFR parts 95 and 97.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              05/00/98

Small Entities Affected: None

Government Levels Affected: State, Local

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

Agency Contact: Al 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 Building, Washington, DC 20210
Phone: 202 219-9174
Fax: 202 219-9440
Email: [email protected]

RIN: 1291-AA27
_______________________________________________________________________


DEPARTMENT OF LABOR (DOL)                             Long-Term Actions


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



_______________________________________________________________________




1983. 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 a 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: Al 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
Fax: 202 219-9440
Email: [email protected]

RIN: 1291-AA20
_______________________________________________________________________




1984. 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                            04/00/99

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

[[Page 22257]]

N4123, FP Building, Washington, DC 20210
Phone: 202 219-8927

RIN: 1291-AA21
_______________________________________________________________________




1985. ADMINISTRATIVE REQUIREMENTS FOR GRANTEES TO REFLECT SINGLE AUDIT 
ACT AMENDMENTS

Priority:  Info./Admin./Other

Major: Undetermined

Legal Authority:  5 USC 301; OMB Circular A-110; OMB Circular A-102

CFR Citation:  29 CFR 95 (Revision); 29 CFR 97 (Revision)

Legal Deadline:  Other, Statutory, August 29, 1997.
Interim Final Rule

Abstract: Interim Final Rule to amend DOL's Administrative Requirements 
for Grants To Reflect Single Audit Act Amendments of 1996 and the June 
24, 1996 revision of OMB Circular A-133, ``Audits of States, Local 
Governments and Non-Profit Organizations.'' The amendment will provide 
uniform fiscal and administrative requirements applicable to all types 
of grants and cooperative agreements to State and local governments, 
institutions of higher education, hospitals, and other nonprofit 
organizations.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              08/29/97                    62 FR 45937
Interim Final Rule Effective    09/29/97
Interim Final Rule Comment 
Period End                      10/28/97
Final Action                    00/00/00

Small Entities Affected: None

Government Levels Affected: Undetermined

Procurement: This is a procurement-related action for which there is a 
statutory requirement. There is a paperwork burden associated with this 
action.

Agency Contact: Al 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 Building, Washington, DC 20210
Phone: 202 219-6863
Fax: 202 219-9440
Email: [email protected]

RIN: 1291-AA25
_______________________________________________________________________


DEPARTMENT OF LABOR (DOL)                                 Prerule Stage


Occupational Safety and Health Administration (OSHA)



_______________________________________________________________________




1986. CONTROL OF HAZARDOUS ENERGY SOURCES (LOCKOUT/TAGOUT) (SECTION 610 
REVIEW)

Priority:  Other Significant

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

CFR Citation:  29 CFR 1910.147

Legal Deadline: None

Abstract: As required by section 610 of the Regulatory Flexibility Act 
and section 5 of Executive Order 12866, OSHA has reviewed the Agency's 
standard for the protection of employees from exposure to lockout/
tagout hazards, 29 CFR 1910.147, to determine whether the rule should 
be continued without change or should be amended or rescinded, 
consistent with the objectives of the rule and of the Occupational 
Safety and Health Act, to minimize any significant impact on a 
substantial number of small entities. After a thorough review of the 
Agency's experience in enforcing this standard, the available 
literature, and comments received in connection with this review, OSHA 
has determined that there is a continued need for the rule, that the 
rule does not appear to overlap, duplicate, or conflict with other 
Federal rules or with other State and local rules, and that no 
technological, economic, or other factors have arisen since the rule 
was published that would necessitate amendment or rescission of the 
rule at this time. OSHA has also concluded that no change that is 
consistent with the objectives of the OSHA Act can be made to the rule 
that will further minimize any significant impact on a substantial 
number of small entities. OSHA will be responding to comments received 
during this review of the standard by preparing materials to assist 
employers in complying with the rule.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Begin Review                    10/01/96
End Review                      06/00/98

Small Entities Affected: None

Government Levels Affected: None

Agency Contact: Marthe Kent, Acting Deputy Director, Policy, Department 
of Labor, Occupational Safety and Health Administration, 200 
Constitution Avenue NW., Room N-3641, FP Building, Washington, DC 20210
Phone: 202 219-4690
Fax: 202 219-4383

RIN: 1218-AB59
_______________________________________________________________________




1987. OCCUPATIONAL EXPOSURE TO ETHYLENE OXIDE (SECTION 610 REVIEW)

Priority:  Other Significant

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

CFR Citation:  29 CFR 1910.1047

Legal Deadline: None

Abstract: OSHA has undertaken a review of the ETO standard in 
accordance with the requirements of the Regulatory Flexibility Act and 
section 5 of EO 12866. The review has considered the continued need for 
the rule, the impacts of 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. The 
Agency's findings with respect to this review will be published in a 
report available to the public in 1998.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Begin Review                    10/01/96
End Review                      06/00/98

Small Entities Affected: None

Government Levels Affected: None

[[Page 22258]]

Agency Contact: Marthe Kent, Acting Deputy Director, Policy, Department 
of Labor, Occupational Safety and Health Administration, 200 
Constitution Avenue NW., Room N-3641, FP Building, Washington, DC 20210
Phone: 202 219-4690
Fax: 202 219-4383

RIN: 1218-AB60
_______________________________________________________________________




1988. PROCESS SAFETY MANAGEMENT OF HIGHLY HAZARDOUS CHEMICALS

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

Unfunded Mandates: Undetermined

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

CFR Citation:  29 CFR 1910.119

Legal Deadline: None

Abstract: The notice will propose 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 will propose 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. OSHA is 
also considering issuing an Advance Notice of Proposed Rulemaking to 
address issues related to reactive chemicals raised by the explosion of 
a chemical plant in Lodi, New Jersey in 1995.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM Reactives                 04/00/98
NPRM Process Safety Management  09/00/98

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
Fax: 202 219-7477
Email: [email protected]

RIN: 1218-AB63
_______________________________________________________________________




1989. FIRE BRIGADES

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

Unfunded Mandates: Undetermined

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 more than 16 years old, and does not reflect current advances in 
technology and safety. Consequently, under this action 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. OSHA may rely on the 
Negotiated Rulemaking process to revise this standard and the States 
are expected to play a major role in any rulemaking on this issue.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Notice of Intent To Form 
Negotiated Rulemaking Committee 
for Fire Brigades               06/00/98
Approval of Charter             09/00/98
Appointment of Members          11/00/98

Small Entities Affected: Undetermined

Government Levels Affected: Undetermined

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
_______________________________________________________________________




1990. GRAIN HANDLING FACILITIES (SECTION 610 REVIEW)

Priority:  Other Significant

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

CFR Citation:  29 CFR 1910.272

Legal Deadline: None

Abstract: OSHA is undertaking a review of its grain handling standard 
(29 CFR 1910.272) in accordance with the requirements of section 610 of 
the Regulatory Flexibility Act and section 5 of 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                    10/01/97
End Review                      09/00/98

Small Entities Affected: None

Government Levels Affected: None

Agency Contact: Marthe B. Kent, Acting Deputy Director, Policy, 
Department of Labor, Occupational Safety and Health Administration, 200 
Constitution Avenue NW., Room N3641, FP Building, Washington, DC 20210
Phone: 202 219-4690
Fax: 202 219-4383

RIN: 1218-AB73
_______________________________________________________________________




1991. COTTON DUST (SECTION 610 REVIEW)

Priority:  Other Significant

Unfunded Mandates: Undetermined

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

CFR Citation:  29 CFR 1910.1043

Legal Deadline: None

Abstract: OSHA is undertaking a review of its cotton dust standard (29 
CFR 1910.1043) in accordance with the requirements of section 610 of 
the Regulatory Flexibility Act and section 5 of EO 12866. The review 
will cover the continued need for the rule; the

[[Page 22259]]

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                    10/01/97
End Review                      09/00/98

Small Entities Affected: None

Government Levels Affected: None

Agency Contact: Marthe B. Kent, Acting Deputy Director, Policy, 
Department of Labor, Occupational Safety and Health Administration, 200 
Constitution Avenue NW., Room N3641, FP Building, Washington, DC 20210
Phone: 202 219-4690
Fax: 202 219-4383

RIN: 1218-AB74
_______________________________________________________________________


DEPARTMENT OF LABOR (DOL)                           Proposed Rule Stage


Occupational Safety and Health Administration (OSHA)



_______________________________________________________________________




1992. LONGSHORING AND MARINE TERMINALS (PARTS 1917 AND 1918)--REOPENING 
OF THE RECORD (TANDEM LIFTS)

Priority:  Substantive, Nonsignificant. 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:  33 USC 941; 29 USC 655

CFR Citation:  29 CFR 1918.11

Legal Deadline: None

Abstract: OSHA issued a final rule on Longshoring on July 25, 1997 (62 
FR 40142). However, OSHA is reopening the record to address the issue 
of tandem lifts. Tandem lifts involve the lifting of two intermodal 
containers, secured together with twist locks, at the same time. 
Because some commenters to the record questioned the safety of allowing 
such tandem lifts and the record does not contain adequate information 
to allow the Agency to address this issue, OSHA is reopening the 
rulemaking record to address this issue only.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            06/06/94                    59 FR 28594
NPRM Comment Period End         09/23/94
Final Rule on Longshoring       07/25/97                    62 FR 40142
Public Meeting                  01/27/98                    62 FR 52671
Second NPRM                     12/00/98

Small Entities Affected: None

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
Fax: 202 219-7477

RIN: 1218-AA56
_______________________________________________________________________




1993. STEEL ERECTION (PART 1926) (SAFETY PROTECTION FOR IRONWORKERS)

Priority:  Economically Significant

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 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 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 proposed 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.

[[Page 22260]]



Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Notice of Committee 
Establishment                   05/11/94                    59 FR 24389
NPRM                            06/00/98

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: 202 219-6599

RIN: 1218-AA65
_______________________________________________________________________




1994. SAFETY AND HEALTH PROGRAMS (FOR GENERAL INDUSTRY AND SHIPYARDS)

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

Unfunded Mandates: Undetermined

Legal Authority:  29 USC 655; 29 USC 652; 29 USC 654; 29 USC 657

CFR Citation:  29 CFR 1910; 29 CFR 1915

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; training; and program evaluation. In addition, in 
response to extensive stakeholder involvement, OSHA has, among other 
things, focused the rule on serious hazards, deleted required medical 
surveillance, and reduced burdens on small business.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            09/00/98

Small Entities Affected: Undetermined

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: Marthe Kent, Acting Deputy Director, Policy, Department 
of Labor, Occupational Safety and Health Administration, 200 
Constitution Avenue NW., Room N3641, FP Building, Washington, DC 20210
Phone: 202 219-4690
Fax: 202 219-4383

RIN: 1218-AB41
_______________________________________________________________________




1995. FIRE PROTECTION IN SHIPYARD EMPLOYMENT (PART 1915, SUBPART P) 
(PHASE II) (SHIPYARDS: FIRE SAFETY)

Priority:  Substantive, Nonsignificant. 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 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 various OSHA shipyard standards that were applied in 
the shipbuilding, shiprepair, and shipbreaking industry. A shipyard 
employer is subject to both the ``shipyard'' standards and OSHA's 
general industry standards. This sometimes results 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 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. One hundred thousand workers are 
potentially exposed to these hazards annually. This standard will be 
developed using the negotiated rulemaking process.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            12/00/98

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

[[Page 22261]]

Constitution Avenue NW., Room N3605, FP Building, Washington, DC 20210
Phone: 202 219-8061
Fax: 202 219-7477

RIN: 1218-AB51
_______________________________________________________________________




1996. PERMISSIBLE EXPOSURE LIMITS (PELS) FOR AIR CONTAMINANTS

Priority:  Economically Significant. Major under 5 USC 801.

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

Legal Authority:  29 USC 655 (b)

CFR Citation:  29 CFR 1910.1000

Legal Deadline: None

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

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            09/00/98

Small Entities Affected: Undetermined

Government Levels Affected: Undetermined

Additional Information: During the rulemaking, OSHA will meet with 
small business stakeholders to discuss their concerns, and will conduct 
an initial Regulatory Flexibility Screening 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
Fax: 202 219-7125
Email: [email protected]

RIN: 1218-AB54
_______________________________________________________________________




1997. PLAIN LANGUAGE REVISION OF EXISTING STANDARDS (PHASE I)

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

[[Page 22262]]

CFR Citation:  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 in 
the 1970's from various nationally recognized consensus standards and 
from standards that had already been promulgated by other Federal 
agencies. 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. 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 is initiating three separate rulemakings that will revise three of 
OSHA's most complex and out-of-date section 6(a) standards. These 
specific standards address means of egress (exit routes), spray 
finishing using flammable and combustible liquids; and dip tanks 
containing flammable and combustible liquids. 29 CFR 1910.107 and 
1910.108, (spray finishing using flammable and combustible liquids and 
dip tanks, respectively) also contain substantive ventilation 
requirements that are duplicative with ventilation requirements 
contained in 29 CFR 1910.94, paragraphs (c) and (d). The purpose of 
these rulemakings is to simplify and clarify these 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
Hearing on Exit Routes          04/29/97                     62 FR 9402
NPRM Dip Tanks                  04/00/98
NPRM Spray Finishing            09/00/98
Final Action Exit Routes (Means 
of Egress)                      12/00/98

Small Entities Affected: Undetermined

Government Levels Affected: None

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 by OSHA for plain language revision under 
a Presidential Initiative. 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.

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
Email: [email protected]

RIN: 1218-AB55
_______________________________________________________________________




1998. 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 36 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 in Circular Number A-25.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            12/00/98

Small Entities Affected: None

Government Levels Affected: None

Agency Contact: Steven Witt, Director, Directorate of Technical 
Support, Department of Labor, Occupational Safety and Health 
Administration, 200 Constituion Avenue NW., Room N-3653, FP Building, 
Washington, DC 20210
Phone: 202 219-7056

RIN: 1218-AB57
_______________________________________________________________________




1999. 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 responds to a presidential initiative of March 
1995 to revise confusing or overly detailed standards by rewriting them 
in plain language. With this project, OSHA is initiating rulemaking 
that will revise the regulations contained 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 
of this standard into plain language.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            08/00/98

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,

[[Page 22263]]

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
_______________________________________________________________________




2000. FALL PROTECTION IN THE CONSTRUCTION INDUSTRY

Priority:  Other Significant

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

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 and other construction operations; 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). The 
Federal Register notice will raise issues that have arisen since OSHA 
last revised the fall protection standard for construction workers in 
August 1994.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            06/00/98

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
_______________________________________________________________________




2001. REVOCATION OF CERTIFICATION RECORDS FOR TESTS, INSPECTIONS, AND 
TRAINING

Priority:  Other Significant

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

CFR Citation:  29 CFR 1910; 29 CFR 1915; 29 CFR 1926

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 and maintain certification records.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            06/00/98

Small Entities Affected: None

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
_______________________________________________________________________




2002.  REQUIREMENT TO PAY FOR PERSONAL PROTECTIVE EQUIPMENT

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

Unfunded Mandates: Undetermined

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

CFR Citation:  Not yet determined

Legal Deadline: None

Abstract: Generally, OSHA standards require that personal protective 
equipment (PPE) be provided and used when necessary to protect 
employees from hazards which can cause them injury or physical harm. 
The Agency is proposing to revise its PPE standards to clarify who is 
required to pay for such PPE.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            06/00/98

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
Fax: 202 219-7477

RIN: 1218-AB77
_______________________________________________________________________




2003.  CONSULTATION AGREEMENTS

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

Unfunded Mandates: Undetermined

Legal Authority:  29 USC 570(c)

CFR Citation:  29 CFR 1908

Legal Deadline: None

Abstract: This proposed amendment to 29 CFR 1908 is intended to provide 
for full employee involvement in the consultative process in line with 
the President's directive to enhance worker participation in the 
7(c)(1) consultation program, (The New OSHA: Reinventing Worker Safety 
and Health, May 1995).

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            11/00/98

Small Entities Affected: Undetermined

Government Levels Affected: Undetermined

Agency Contact: Paula O. White, Director, Directorate of Federal State 
Operations, Department of Labor, Occupational Safety and Health 
Administration, 200 Constitution Avenue NW., Room N3700, FP Building, 
Washington, DC 20210
Phone: 202 219-7251

RIN: 1218-AB79

[[Page 22264]]

_______________________________________________________________________


DEPARTMENT OF LABOR (DOL)                              Final Rule Stage


Occupational Safety and Health Administration (OSHA)



_______________________________________________________________________




2004. RESPIRATORY PROTECTION (PROPER USE OF MODERN RESPIRATORS)

Priority:  Economically Significant. Major under 5 USC 801.

Unfunded Mandates: This action may affect the private sector under       
    PL 104-4.
Reinventing Government: This rulemaking is part of the Reinventing 
Government effort. It will revise text in the CFR to reduce burden or 
duplication, or streamline requirements.

Legal Authority:  29 USC 655(b)

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

Legal Deadline: None

Abstract: 
In January 1998, OSHA published the final respiratory protection 
standard, except for the reserved provision on assigned protection 
factors, which are numbers that estimate the degree of performance of 
the various classes of respirators. OSHA has developed a statistical 
model for analyzing available data to be used to derive APFs. 
Accordingly, OSHA will request further public comment on the analyses 
conducted using that model, the ANSI Z88.2-1992 APFs, the NIOSH 
Respirator Decision Logic APFs, and other relevant methodologies for 
deriving APFs to make certain that public input is received and fully 
considered before final APFs are incorporated. OSHA expects to complete 
the rulemaking on APFs in 1998.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           05/14/82                    47 FR 20803
ANPRM Comment Period End        09/13/82
NPRM                            11/15/94                    59 FR 58884
Final Action                    01/08/98                     63 FR 1152
Final Action Effective          01/08/98
Final Assigned Protection 
Factors                         12/00/98

Small Entities Affected: None

Government Levels Affected: State, Local, Tribal, 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
Fax: 202 219-7125

RIN: 1218-AA05
_______________________________________________________________________




2005. GLYCOL ETHERS: 2-METHOXYETHANOL, 2-ETHOXYETHANOL, AND THEIR 
ACETATES: PROTECTING REPRODUCTIVE HEALTH

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

Unfunded Mandates: Undetermined

Legal Authority:  29 USC 655; 29 USC 657

CFR Citation:  29 CFR 1910.1000

Legal Deadline: None

Abstract: On May 20, 1986, the Environmental Protection Agency (EPA) 
issued a report to OSHA, under section 9(a) of the Toxic Substance 
Control Act, stating that EPA has reasonable basis to conclude that the 
risk of injury to worker health from exposure to four glycol ethers 
during their manufacture, processing and use is unreasonable, and that 
this risk may be prevented or reduced to a significant extent by OSHA 
regulatory action. EPA gave OSHA 180 days in which to respond to its 
report. OSHA published its response on December 11, 1986, stating that 
OSHA had preliminarily concluded that occupational exposures to the 
subject glycol ethers at the current OSHA permissible exposure limits 
may present significant risks to the health of workers. OSHA published 
an Advance Notice of Proposed Rulemaking (ANPRM) on April 2, 1987, (52 
FR 10586). OSHA used the information received in response to the ANPRM, 
as well as other information and analysis, and published a proposal, 
March 23, 1993 (58 FR 15526), that would reduce the permissible 
exposure limits for four glycol ethers and provide protection for 
approximately 46,000 workers exposed to the substances. OSHA is working 
toward promulgation of a final rule in 1998.

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                    12/00/98

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
Fax: 202 219-7125

RIN: 1218-AA84
_______________________________________________________________________




2006. 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, the National Institute for Occupational Safety 
and Health (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 contracted 
with Keystone Center to bring 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. Early in 1996, OSHA held several meetings 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

[[Page 22265]]

requirements, new recordkeeping forms, and new interpretive material. 
The stated goals of the NPRM were to improve the Nation's injury and 
illness statistics, simplify the injury and illness recordkeeping 
system, and reduce the burden of the new rule on employers. Benefits 
will include: (1) a system that is more compatible with modern computer 
technology and is easier for employers, employees and government to 
use; (2) more reliable and useful records; (3) for the first time, 
comprehensive injury and illness records for construction sites; and 
(4) greater employee involvement in and awareness of safety and health 
matters. 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         07/02/96
Final Action                    03/00/99
Final Action Effective          01/01/00

Small Entities Affected: None

Government Levels Affected: None

Sectors Affected:  All

Agency Contact: Ruth McCully, Acting Information Technology 
Coordinator, 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
_______________________________________________________________________




2007. POWERED INDUSTRIAL TRUCK OPERATOR TRAINING (INDUSTRIAL TRUCK 
SAFETY TRAINING)

Priority:  Substantive, Nonsignificant

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, second 
only to 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 vehicle 
operator's 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 rule will 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                    09/00/98

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
Fax: 202 219-7477

RIN: 1218-AB33
_______________________________________________________________________




2008. PERMIT REQUIRED CONFINED SPACES (GENERAL INDUSTRY: PREVENTING 
SUFFOCATION/EXPLOSIONS IN CONFINED SPACES)

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

Unfunded Mandates: Undetermined

Legal Authority:  29 USC 655(b)

CFR Citation:  29 CFR 1910.146

Legal Deadline: None

Abstract: OSHA issued a final standard governing employee entry into 
confined spaces in general industry on January 14, 1993 (58 FR 4462). 
The standard was challenged by a number of parties including the United 
Steelworkers of America. OSHA reached a settlement agreement with the 
steelworkers in June 1994. As part of this settlement agreement, OSHA 
issued a proposal on November 28, 1994 (59 FR 60735) to clarify 
paragraph (k) of the rule, Rescue and Emergency Services. OSHA also 
proposed to allow more flexibility in the point of retrieval line 
attachment and asked whether the standard should 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. The final rule is expected to be 
issued in June 1998.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            11/28/94                    59 FR 60735
NPRM Comment Period End         02/27/95
Final Action                    06/00/98

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
Fax: 202 219-7477

RIN: 1218-AB52

[[Page 22266]]

_______________________________________________________________________




2009. STANDARDS IMPROVEMENT PROJECT

Priority:  Other Significant

Unfunded Mandates: Undetermined
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. In 1995, 
OSHA developed a list of standards it proposed 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 in March 1996 
by revoking various non-substantive provisions that the Agency believed 
were unnecessary or ineffective in protecting worker health or safety. 
The Agency followed up this effort by issuing a final and a proposed 
rule addressing substantive changes. The first of these, issued on June 
20, 1996, eliminated duplicative standards by replacing them with cross 
references to eliminate any possible confusion and to reduce the volume 
of the rules. The second one, published on July 22, 1996, proposed to 
reduce the burden imposed on employers by selected medical surveillance 
provisions of existing rules, change the emergency-response provisions 
of the vinyl chloride standard, and eliminate a number of duplicative 
or unnecessary provisions. A final rule addressing these changes will 
be issued in 1998. This Standards Improvement Project had two other 
components: elimination of requirements and appendices associated with 
the Agency's Longshoring and Marine Terminals Standards (completed in 
July 1997) and revision and streamlining of the Agency's respirator 
standard and appendices, which was completed in January 1998.

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             07/25/97                    62 FR 40141
FINAL Miscellaneous Changes     06/00/98

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
Fax: 202 219-7477

RIN: 1218-AB53
_______________________________________________________________________


DEPARTMENT OF LABOR (DOL)                             Long-Term Actions


Occupational Safety and Health Administration (OSHA)



_______________________________________________________________________




2010. SCAFFOLDS IN SHIPYARDS (PART 1915--SUBPART N) (PHASE I) 
(SHIPYARDS: SAFER SCAFFOLDS)

Priority:  Substantive, Nonsignificant. 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 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 various OSHA standards that were applied in the 
shipbuilding, shiprepair, and shipbreaking industry. Shipyard employers 
have been subject to both shipyard and 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 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.
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                    10/00/99

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

[[Page 22267]]

Constitution Avenue NW., Rm N3605, FP Building, Washington, DC 20210
Phone: 202 219-8061
Fax: 202 219-7477

RIN: 1218-AA68
_______________________________________________________________________




2011. ACCESS AND EGRESS IN SHIPYARDS (PART 1915, SUBPART E) (PHASE I) 
(SHIPYARDS: EMERGENCY EXITS AND AISLES)

Priority:  Substantive, Nonsignificant. 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 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 OSHA standards that applied to the shipbuilding, 
shiprepair, and shipbreaking industry. Shipyard employers have been 
subject to both the ``shipyard'' standards and OSHA's general industry 
standards. This has sometimes resulted in inconsistent, and sometimes 
contradictory, requirements for essentially the same operation.
Phase 1 of this project aimed at establishing a truly vertical standard 
for shipyard employment and addressed six subparts (Confined Spaces, 
Welding, Access/Egress, Personal Protective Equipment, Fall Protection 
and Scaffolding). Proposals on these hazards were issued in November 
1988 (53 FR 48092). The remaining hazards were categorized as Phase II 
of the consolidation project (including general work practices and fire 
safety). This action was 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                    10/00/99

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., Rm N3605, FP Building, 
Washington, DC 20210
Phone: 202 219-8061
Fax: 202 219-7477

RIN: 1218-AA70
_______________________________________________________________________




2012. ACCREDITATION OF TRAINING PROGRAMS FOR HAZARDOUS WASTE OPERATIONS 
(PART 1910)

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

Unfunded Mandates: Undetermined

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 standard. 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: 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 Bldg, 
Washington, DC 20210
Phone: 202 219-8061
Fax: 202 219-7477

RIN: 1218-AB27
_______________________________________________________________________




2013. PREVENTION OF WORK-RELATED MUSCULOSKELETAL DISORDERS

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

Unfunded Mandates: Undetermined

Legal Authority:  29 USC 651; 29 USC 652; 29 USC 655; 29 USC 657; 33 
USC 941; 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 (MSDs) 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

[[Page 22268]]

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 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 field-tested certain 
requirements under consideration for the standard. Information obtained 
from these activities is undergoing Agency review. Options for 
regulatory action are being considered.
The Agency believes that the scientific evidence supports the need for 
a standard and that the availability of effective and reasonable means 
to control these hazards has been demonstrated. The criteria that have 
been developed for setting OSHA priorities support the Agency's 
determination that action is needed now to reduce the incidence of 
work-related musculoskeletal disorders. The Agency is currently 
considering options to develop a proposed rule for ergonomics. The 
National Institute for Occupational Safety and Health (NIOSH) has 
recently issued a report evaluating the scientific basis for the 
relationship of workplace stressors to MSDs. The report concludes that 
such a relationship exists for many stressors.

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: 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
Fax: 202 219-7125

RIN: 1218-AB36
_______________________________________________________________________




2014. INDOOR AIR QUALITY IN THE WORKPLACE

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

Unfunded Mandates: Undetermined

Legal Authority:  29 USC 655

CFR Citation:  Not yet determined

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 and IAQ 
issues.
Every day, 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 thousands of 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.
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.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Request for Information         09/20/91                    56 FR 47892
NPRM                            04/05/94                    59 FR 15968
NPRM Comment Period End         08/13/94                    59 FR 30560
Comment Period End              08/13/94
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

[[Page 22269]]

Fax: 202 219-7125

RIN: 1218-AB37
_______________________________________________________________________




2015. OCCUPATIONAL EXPOSURE TO HEXAVALENT CHROMIUM (PREVENTING 
OCCUPATIONAL ILLNESS: CHROMIUM)

Priority:  Economically Significant. Major under 5 USC 801.

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

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 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 and chromates (as 
CrO3).'' These are measured as chromium (VI) and reported as chromic 
anhydride (CrO3). The amount of chromium in the compound 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, which also equates to a PEL of 52 
ug/m3.
The major illnesses associated with occupational exposures to 
hexavalent chromium are lung cancer and dermatoses. OSHA estimates that 
approximately one million 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. Work on a proposed rule continues.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            09/00/99

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
Fax: 202 219-7125

RIN: 1218-AB45
_______________________________________________________________________




2016. OCCUPATIONAL EXPOSURE TO TUBERCULOSIS

Priority:  Economically Significant. Major under 5 USC 801.

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

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 exists for some workers and has initiated a 6(b) 
standard rulemaking. The Agency has developed a proposed rule that 
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 has consulted with parties outside of the Agency with regard to 
the developing proposal. The draft preliminary Risk Assessment was 
peer-reviewed by four individuals with specific knowledge in the areas 
of tuberculosis and risk assessment. 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 a proposal. 
The proposal was also reviewed by and commented on by affected small 
business entities under the Small Business Regulatory Enforcement 
Fairness Act of 1996 (SBREFA) and reviewed by the Office of Management 
and Budget. In response to the consultations and reviews, OSHA made 
changes to improve the proposed standard.
The proposed standard was published in the Federal Register on October 
17, 1997 (62 FR 54160). Informal public hearings have been scheduled to 
begin April 7, 1998 in Washington, DC; May 5 in Los Angeles, CA; May 19 
in New York City; and June 2 in Chicago, IL.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

SBREFA Panel                    09/10/96
NPRM                            10/17/97                    62 FR 54160
NPRM Comment Period End         02/17/98                    62 FR 65388
Final Action                    00/00/00

Small Entities Affected: Businesses, Governmental Jurisdictions, 
Organizations

Government Levels Affected: State, Local, Tribal, Federal

Additional Information: During the rulemaking, OSHA met with small 
business stakeholders to discuss their concerns, and conducted an 
initial Regulatory Flexibility Analysis to

[[Page 22270]]

identify any significant impacts on a substantial number of small 
entities. In addition, OSHA is conducting a special study of homeless 
shelters and will designate certain hearing dates for persons who wish 
to testify on homeless shelter issues.

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
Fax: 202 219-7125

RIN: 1218-AB46
_______________________________________________________________________




2017. CONFINED SPACES IN CONSTRUCTION (PART 1926) (CONSTRUCTION: 
PREVENTING SUFFOCATION/EXPLOSIONS IN CONFINED SPACES)

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

Unfunded Mandates: Undetermined

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

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. One million construction workers are exposed to this 
hazard annually. OSHA intends to issue a proposed rule addressing this 
construction industry hazard in the spring of 1999, after extensive 
discussion with the Advisory Committee on Construction Safety and 
Health and other stakeholders.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            04/00/99

Small Entities Affected: Undetermined

Government Levels Affected: Undetermined

Agency Contact: Russell B. Swanson, Director, Construction Standards, 
Department of Labor, Occupational Safety and Health Administration, 200 
Constitution Avenue NW., Room N3306, FP Building, Washington, DC 20210
Phone: 202 219-8644
Fax: 202 219-6599

RIN: 1218-AB47
_______________________________________________________________________




2018. GENERAL WORKING CONDITIONS IN SHIPYARDS (PART 1915, SUBPART F) 
(PHASE II) (SHIPYARDS: GENERAL WORKING CONDITIONS)

Priority:  Substantive, Nonsignificant. 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 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 various OSHA shipyard standards that were applied in 
the shipbuilding, shiprepair, and shipbreaking industry. Shipyard 
employers have 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 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                            10/00/99

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
Fax: 202 219-7477

RIN: 1218-AB50
_______________________________________________________________________




2019. STANDARDS ADVISORY COMMITTEE ON METALWORKING FLUIDS

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

Unfunded Mandates: Undetermined

Legal Authority:  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. 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 
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

[[Page 22271]]

recommendation about how to proceed with metalworking fluids. 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 has established a 15-member SAC to make 
recommendations regarding a standard, a guideline, or other appropriate 
response to the dangers of occupational exposures to metalworking 
fluids. The Committee has 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                 07/11/97
Charter Approved                08/15/97
First Meeting of Committee      09/02/97
Recommendations                 00/00/00

Small Entities Affected: Undetermined

Government Levels Affected: Undetermined

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. Small business interests are 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
Fax: 202 219-7125

RIN: 1218-AB58
_______________________________________________________________________




2020. PLAIN LANGUAGE REVISION OF EXISTING STANDARDS (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; 29 CFR 1910.241-244

Legal Deadline: None

Abstract: OSHA has identified two standards from part 1910 that need to 
be revised as part of the President's initiative on Federal regulations 
discussed in the U.S. Department of 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 maintenance. OSHA is developing plain 
language versions of each of these standards.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

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

Small Entities Affected: None

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
_______________________________________________________________________




2021. ELECTRIC POWER TRANSMISSION AND DISTRIBUTION; ELECTRICAL 
PROTECTIVE EQUIPMENT

Priority:  Substantive, Nonsignificant. 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 655(b)

CFR Citation:  29 CFR 1910.136; 29 CFR 1910.137; 29 CFR 1910.269; 29 
CFR 1926.97; 29 CFR 1926.950 to 968

Legal Deadline: None

Abstract: The annual fatality rate for power line workers is over 50 
deaths per 100,000 employees. The standard addressing the safety of 
these workers during the construction of electric power transmission 
and distribution lines is over 20 years old. OSHA is developing a 
revision of this standard that will prevent many of these fatalities, 
that will add flexibility to the standard, and that will update and 
streamline the standard. In addition, the corresponding standard for 
general industry will be revised so that requirements for similar work 
performed during maintenance of electric power transmission and 
distribution installations are the same as those for construction.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            06/00/99

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
Fax: 202 219-7477

RIN: 1218-AB67
_______________________________________________________________________




2022. SAFETY STANDARDS FOR SCAFFOLDS USED IN THE CONSTRUCTION INDUSTRY 
--PART II

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

Unfunded Mandates: Undetermined

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

CFR Citation:  29 CFR 1926.450; 29 CFR 1926.451; 29 CFR 1926.452; 29 
CFR 1926.453; 29 CFR 1926.454

[[Page 22272]]

Legal Deadline: None

Abstract: Since the promulgation of a final rule for scaffolds used in 
construction in August 1996, several issues have been raised that 
require reevaluation of certain requirements and the possible need to 
add new requirements to address concerns not addressed in the present 
standard. These issues include: (1) access to platforms where decking 
extends past the ends of the scaffold; (2) changing the minimum width 
for roof brackets to less than 12 inches; (3) changing the grounding 
requirements during welding operations; (4) requiring the use of 
scaffold grade planks. This rulemaking action will address these 
issues.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            04/00/99

Small Entities Affected: Undetermined

Government Levels Affected: Undetermined

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
Email: [email protected]

RIN: 1218-AB68
_______________________________________________________________________




2023. SAFETY AND HEALTH PROGRAMS FOR CONSTRUCTION

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

Unfunded Mandates: Undetermined

Legal Authority:  29 USC 655; 29 USC 657

CFR Citation:  29 CFR 1926

Legal Deadline: None

Abstract: In response to industry requests and OSHA's Advisory 
Committee on Construction Safety and Health (ACCSH) recommendation, 
OSHA has determined that the current safety and health program 
standards contained in subpart C of the construction standards, 29 CFR 
1926, need to be revised to provide construction employers with a more 
comprehensive set of requirements to assist them in establishing safety 
and health programs. Safety and Health programs have proven to be an 
effective, systematic method of identifying and correcting existing 
workplace safety and health hazards, as well as preventing those that 
might arise in the future.
The ACCSH has been working to revise the existing construction 
standards for safety and health programs and training since 1986. After 
the April 1996 meeting, ACCSH began in earnest to develop language and 
concepts to submit to OSHA for consideration as the proposed rule. Over 
130 stakeholders representing small, medium and large contractors and 
host employers (such as petroleum producers; contractor associations; 
labor unions; other governmental agencies; and non-profit institutions) 
have participated in these ACCSH discussions.
Although the details of a new safety and health program standard are 
still being worked out, the safety and health program requirements will 
require employers to set up a program for managing workplace safety and 
health in order to reduce the incidence of occupational deaths, 
injuries, and illnesses. The standard will not impose duties on 
employers to control hazards that they are not already required to 
control. Instead, the standard will provide a basic framework for 
systematically identifying and controlling workplace hazards already 
covered by the OSH Act under section 5(a)(1) and current OSHA 
standards.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            10/00/99

Small Entities Affected: Undetermined

Government Levels Affected: Undetermined

Additional Information: Separate standards are being developed for 
general industry (29 CFR 1910) and the maritime (29 CFR 1915, 1917 and 
1918) industries.

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

RIN: 1218-AB69
_______________________________________________________________________




2024. OCCUPATIONAL EXPOSURE TO CRYSTALLINE SILICA

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

Unfunded Mandates: Undetermined

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

CFR Citation:  Not yet determined

Legal Deadline: None

Abstract: In 1994, OSHA initiated the Priority Planning Process. This 
process was aimed at identifying the top priority safety and health 
hazards. Crystalline silica was one of the priorities designated by 
this process for rulemaking. OSHA stated that crystalline silica would 
be added to OSHA's regulatory calendar as other standards were 
completed and resources became available. Silica exposure remains a 
serious threat to nearly 2 million U.S. workers including more than 
100,000 in high risk jobs, including sandblasters, foundry workers, 
stonecutters, rock drillers, quarry workers and tunnelers. The 
seriousness of the health hazard is indicated by continuing deaths from 
accelerated silicosis in sandblasters and rock drillers and by recent 
studies which demonstrate a statistically significant increase in lung 
cancer among silica-exposed workers. In October 1996, the International 
Agency for Research on Cancer classified crystalline silica as 
``carcinogenic to humans.'' Exposure studies indicate that some workers 
are still exposed to very high levels. While OSHA currently has a 
permissible exposure limit for crystalline silica (10 mg/m3 divided by 
the percent of silica in the dust + 2, respirable dust and 30 mg/m3 
divided by the percent of silica in the dust + 2, total dust), over 30% 
of OSHA-collected silica samples from 1982 through 1991 exceeded it. 
Additionally, recent studies suggest that the current OSHA standard is 
insufficient to protect against silicosis. For example, a recent study 
concluded that a 45-year exposure under the current OSHA standard would 
lead to a lifetime risk of silicosis of 35% to 47%. OSHA plans to 
publish a proposed rule on crystalline silica because the agency has 
concluded that there will be no significant progress in the prevention 
of silica-related diseases without the adoption of a full and 
comprehensive silica standard, including provisions for

[[Page 22273]]

product substitution, engineering controls, training and education, 
respiratory protection and medical screening and surveillance. A full 
standard will improve worker protection, ensure adequate prevention 
programs, and further reduce silica-related diseases.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            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
Fax: 202 219-7125

RIN: 1218-AB70
_______________________________________________________________________




2025. CONTROL OF HAZARDOUS ENERGY (LOCKOUT) IN CONSTRUCTION (PART 1926) 
(PREVENTING CONSTRUCTION INJURIES/FATALITIES; LOCKOUT)

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

Unfunded Mandates: Undetermined

Legal Authority:  29 USC 655(b)

CFR Citation:  29 CFR 1926

Legal Deadline: None

Abstract: OSHA issued a general industry rule on September 1, 1989 (54 
FR 36644) to address the hazards posed to workers by the failure to 
control hazardous energy (i.e., the failure to properly lock out or tag 
out machines and equipment) during repair and servicing activities. 
OSHA has not yet issued a standard to prevent these accidents during 
equipment repair and maintenance activities in the construction 
industry. Four million workers annually may be exposed to this hazard 
in construction workplaces. As a result, OSHA intends to issue a 
proposal to address this hazard in this industry.
Hazards at construction sites resulting from the absence of effective 
lockout/tagout procedures to control hazardous energy appear to be 
caused by several factors, all associated with the nature of the 
construction industry. These factors basically relate to the types of 
machines and equipment found in construction; the makeup of the 
industry (i.e., employment is relatively ``short term,'' lasting only 
as long as the length of the current project); multiple employers 
having different employer/employee relationships are present at the 
same site; and ``in-the-field'' maintenance activity is usually 
temporary.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            00/00/00

Small Entities Affected: Undetermined

Government Levels Affected: Undetermined

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-AB71
_______________________________________________________________________




2026.  OCCUPATIONAL EXPOSURE TO BERYLLIUM

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

Unfunded Mandates: Undetermined

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

CFR Citation:  Not yet determined

Legal Deadline: None

Abstract: Beryllium is a lightweight metal that is used for nuclear 
weapons, for atomic energy, for metal alloys such as beryllium-copper 
and beryllium-aluminum. The metal alloys are found in sectors for 
dental appliances, golf clubs, non-sparking tools, wheel chairs, etc. 
Beryllium is also used in the ceramics industry. The current 
permissible exposure limits for beryllium are: an 8-hour TWA of 2 ug/
m3; a 5 ug/m3 ceiling concentration not to be exceeded over a 30 minute 
period; a 25 ug/m3 maximum peak exposure never to be exceeded.
In 1977, OSHA proposed to reduce the 8-hour TWA exposure to beryllium 
from 2 ug/m3 to 1 ug/m3 based on evidence that beryllium caused lung 
cancer in exposed workers. A hearing followed the proposal, but a final 
standard was never published. Since the previous OSHA hearing, NIOSH 
has updated its studies on beryllium exposed workers. The study results 
again demonstrate a significant excess of lung cancer among exposed 
workers. The International Agency for Research on Cancer (IARC), has 
concluded that beryllium is a lung carcinogen to humans.
In addition to lung cancer, a new OSHA beryllium standard would address 
chronic beryllium disease (CBD), a fatal disease involving lung 
fibrosis and other organ toxicity. Based on several recent studies 
involving workers employed in the beryllium ceramics industry, in 
beryllium production, and in Department of Energy facilities, there is 
no evidence that very low level beryllium exposure (less than 0.5 ug/
m3) may cause CBD. A recent (1997) study from Japan concludes that the 
level necessary to protect workers from developing CDB cannot exceed 
0.01 ug/m3. A new medical surveillance tool is now available that 
allows for the early detection of workers with CBD prior to any signs 
of clinical disease or symptoms. Beryllium-sensitized workers convert 
to CBD at an estimated rate of about 10% per year. This ``beryllium 
sensitization'' test is being used in clinical studies of current and 
past exposed workers. Recent study results indicate that between 5% and 
15% of beryllium- exposed workers are sensitized and will eventually 
develop CBD. In 1997, DOE issued interim guidelines to protect 
beryllium- exposed workers at all DOE facilities. The guidelines 
include provisions for exposure monitoring, medical surveillance and 
re-location of beryllium-sensitized workers.
These guidelines, however, do not affect workers outside DOE 
facilities. Thus, OSHA needs to initiate rulemaking to protect 
beryllium-exposed workers from contracting CBD and lung cancer.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            00/00/00

Small Entities Affected: Undetermined

Government Levels Affected: Undetermined

[[Page 22274]]

Agency Contact: Adam M. Finkel, Director, Directorate of Health 
Standards, Department of Labor, Occupational Safety and Health 
Administration, 200 Constitution Avenue NW., Room N3718, FP Building, 
Washington, DC 20210
Phone: 202 219-7075
Fax: 202 219-7125

RIN: 1218-AB76
_______________________________________________________________________




2027.  CONSOLIDATION OF RECORDS MAINTENANCE REQUIREMENTS IN OSHA 
STANDARDS

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

Unfunded Mandates: Undetermined

Legal Authority:  40 USC 333; 29 USC 655; 33 USC 941; 5 USC 553

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

Legal Deadline: None

Abstract: OSHA is initiating a rulemaking to simplify and consolidate 
many of its requirements for employers to maintain records of training, 
testing, medical surveillance, and other activities conducted to comply 
with OSHA health and safety standards. These records maintenance 
requirements appear in many OSHA standards and are codified at 29 CFR 
1910 (General Industry), 29 CFR 1915-1918 (Maritime), 29 CFR 1926 
(Construction), and 29 CFR 1928 (Agriculture). The final rule, when 
published, will facilitate compliance with these requirements and 
reduce the amount of paperwork associated with these records, but will 
leave employee protections unchanged.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            09/00/99

Small Entities Affected: Undetermined

Government Levels Affected: Undetermined

Agency Contact: Marthe B. Kent, Acting Deputy Director, Directorate of 
Policy, Department of Labor, Occupational Safety and Health 
Administration, 200 Constitution Avenue NW., Room N3641, Washington, DC 
20210
Phone: 202 219-4690
Fax: 202 219-4383

RIN: 1218-AB78
_______________________________________________________________________


DEPARTMENT OF LABOR (DOL)                             Completed Actions


Occupational Safety and Health Administration (OSHA)



_______________________________________________________________________




2028. 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: OSHA has had under consideration standards for walking and 
working surfaces and personal fall protection systems. OSHA is 
withdrawing its proposed rule for subpart D to focus on specific parts 
of that subpart in future rulemaking.

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
Withdrawn                       01/09/98

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

RIN: 1218-AB04
_______________________________________________________________________




2029. PROCEDURES FOR HANDLING DISCRIMINATION COMPLAINTS UNDER FEDERAL 
EMPLOYEE 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: This regulation provides procedures for handling employee 
discrimination complaints under the following Federal statutes: Safe 
Drinking Water Act; Federal Water Pollution Control Act; Toxic 
Substances Control Act; Solid Waste Disposal Act; Clean Air Act; Energy 
Reorganization Act; and the Comprehensive Environmental Response, 
Compensation and Liability Act.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            03/16/94                    59 FR 12506
NPRM Comment Period End         05/16/94
Final Action                    02/09/98                     63 FR 6614
Final Action Effective          03/11/98

Small Entities Affected: None

Government Levels Affected: Federal

Additional Information: The RIN for the present 29 CFR 24 is 1215-AA83. 
The new regulation makes three major changes: (1) an October 1992 
amendment to the Energy Reorganization Act made several changes in the 
processing of complaints by employees of contractors for the NRC and 
DOE; (2) the Secretary designated the Administrative Review Board (on 
his behalf) to review decisions by ALJ under the Environmental Employee 
Protection Provisions; (3) the Secretary transferred responsibility for 
enforcement of these employee protection provisions from the 
Administrator of the Wage and Hour Division to the Assistant Secretary 
for the Occupational Safety and Health Administration.

[[Page 22275]]

Agency Contact: Thomas J. Buckley, Director, Office of Investigative 
Assistance, Department of Labor, Occupational Safety and Health 
Administration, 200 Constitution Avenue NW., Room N3468, FP Building, 
Washington, DC 20210
Phone: 202 219-8095
Fax: 202 219-9187
Email: [email protected]

RIN: 1218-AB75
[FR Doc. 98-7563 Filed 04-24-98; 8:45 am]
BILLING CODE 4510-23-F