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



[[Page 61967]]

_______________________________________________________________________

Part XII





Department of Labor





_______________________________________________________________________



Semiannual Regulatory Agenda

[[Page 61968]]

DEPARTMENT OF LABOR (DOL)                                        
  
_______________________________________________________________________

DEPARTMENT OF LABOR

Office of the Secretary

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

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

30 CFR Ch. I

41 CFR Ch. 60

48 CFR Ch. 29

Semiannual Agenda of Regulations

AGENCY: Office of the Secretary, Labor.

ACTION: Semiannual regulatory agenda.

_______________________________________________________________________

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

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

    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).

    The Regulatory Flexibility Act (under section 610) also 
requires agencies to periodically review rules ``which have or will 
have a significant economic impact upon a substantial number of 
small entities'' and to annually publish a list of the rules that 
will be reviewed during the succeeding 12 months. The purpose of 
the review is to determine whether the rule should be continued 
without change, amended, or rescinded. In the October 29, 1997, 
Unified Agenda, the Department listed four rules that were to be 
reviewed in the succeeding 12 months.

    The Employment Standards Administration (ESA) reviewed 
Government Contractors: Nondiscrimination and Affirmative Action 
Obligations (41 CFR 60-2) that was last reviewed in 1970. ESA has 
determined there is a continued need for 41 CFR 60-2. ESA is 
simplifying the regulation to lessen the impact on small entities 
and plans to publish a Notice of Proposed Rulemaking in March 1999.

    The Occupational Safety and Health Administration (OSHA) had 
four items on the last two years' review lists: Control of 
Hazardous Energy Sources (Lockout/Tagout), Occupational Exposure to 
Ethylene Oxide, Grain Handling Facilities, and Cotton Dust. OSHA 
held public hearings in July 1998 on the Cotton Dust and Grain 
Handling standards. OSHA expects to make a decision on whether and 
what action to take regarding the Cotton Dust and Grain Handling 
standards in September 1999. Reports based on reviews of the 
Lockout/Tagout and the Occupational Exposure to Ethylene Oxide 
standards will be published in late 1998.

    The Mine Safety and Health Administration (MSHA) conducted the 
610 review of its regulations in 30 CFR part 48 addressing Training 
and Retraining of Miners. MSHA will be issuing final rules 
addressing supervisor and experienced miner training soon. In 
addition, based on comments received from the review and its 
experience, MSHA will develop an NPRM proposing more flexible 
training requirements.

    The next 12-month review list for the Department of Labor is 
provided below and public comment is invited on the listing. A 
brief description of each rule, the legal basis for the rule, and 
the agency contact are provided with each agenda item. Agencies 
will report on the results of each review in the October 1999 
regulatory agenda.

Employment Standards Administration

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

Occupational Safety and Health Administration

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

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

Grain Handling Facilities; 29 CFR 1910.272 (RIN 1218-AB73)

Cotton Dust; 29 CFR 1910.1043 (RIN 1218-AB74)

Mine Safety and Health Administration

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

    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.

[[Page 61969]]



                                  Office of the Secretary--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
2105         Production or Disclosure of Information or Materials.................................    1290-AA17
2106         Equal Access to Justice Act..........................................................    1290-AA18
----------------------------------------------------------------------------------------------------------------


                                    Office of the Secretary--Final Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
2107         Supplemental Standards of Ethical Conduct for Employees of the Department of Labor...    1290-AA15
----------------------------------------------------------------------------------------------------------------


                                   Office of the Secretary--Completed Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
2108         Coordinated Enforcement of Farm Labor Protective Statutes............................    1290-AA11
2109         Protection of Individual Privacy and Access to Records Under the Privacy Act of 1974.    1290-AA16
----------------------------------------------------------------------------------------------------------------


                            Employment Standards Administration--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
2110         Government Contractors: Nondiscrimination and Affirmative Action Obligations,
            Executive Order 11246 (ESA/OFCCP) (Section 610 Review) (Reg Plan Seq. No. 54).........    1215-AA01
2111         Child Labor Regulations, Orders, and Statements of Interpretation (ESA/W-H) (Reg Plan
            Seq. No. 55)..........................................................................    1215-AA09
2112         Defining and Delimiting the Term ``Any Employee Employed in a Bona Fide Executive,
            Administrative, or Professional Capacity'' (ESA/W-H) (Reg Plan Seq. No. 56)...........    1215-AA14
2113         Application of the Fair Labor Standards Act to Domestic Service......................    1215-AA82
2114         Procedures for Predetermination of Wage Rates (29 CFR Part 1) and Labor Standards
            Provisions Applicable to Contracts Covering Federally Financed and Assisted
            Construction (29 CFR Part 5) (Reg Plan Seq. No. 57)...................................    1215-AA94
2115         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
2116         Records To Be Kept by Employers Under the Fair Labor Standards Act...................    1215-AB03
2117         Assessment and Collection of User Fees...............................................    1215-AB06
2118         Labor Condition Applications and Requirements for Employers Using Nonimmigrants on H-
            1B Visas in Specialty Occupations and as Fashion Models...............................    1215-AB09
2119         Exemptions Applicable to Agriculture, Processing of Agricultural Commodities, and
            Related Subjects Under the Fair Labor Standards Act...................................    1215-AB11
2120         Implementation of the 1996 Amendments to the Fair Labor Standards Act................    1215-AB13
2121         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
2122         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
2123         Affirmative Action and Nondiscrimination Obligations of Contractors and
            Subcontractors Regarding Individuals With Disabilities................................   1215-AB23
----------------------------------------------------------------------------------------------------------------
References in boldface appear in the Regulatory Plan in Part II of this issue of the Federal Register.


                              Employment Standards Administration--Final Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
2124         Affirmative Action and Nondiscrimination Obligations of Contractors and
            Subcontractors for Special Disabled Veterans and Veterans of the Vietnam Era..........    1215-AA62

[[Page 61970]]

 
2125         Standards for Waivers Under Section 503 of the Rehabilitation Act....................    1215-AA84
2126         Benefits Under the Federal Coal Mine Safety and Health Act of 1977, as Amended
            Affecting the Black Lung Benefits Act.................................................    1215-AA99
2127         Federal Employees' Compensation Act; Claims for Compensation for Work-Related Injury/
            Death.................................................................................    1215-AB07
2128         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
----------------------------------------------------------------------------------------------------------------
2129         Enforcement of Contractual Obligations for Temporary Alien Agricultural Workers
            Admitted Under Section 216 of the Immigration and Nationality Act.....................    1215-AA43
2130         Reporting by Labor Relations Consultants and Other Persons...........................    1215-AB14
----------------------------------------------------------------------------------------------------------------


                             Employment Standards Administration--Completed Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
2131         Use and Disclosure of Federal Employees' Compensation Act Claims File Material.......    1215-AB18
2132         Technical Amendments of Rules Relating to Labor-Management Standards and Standards of
            Conduct for Federal Sector Labor Organizations........................................    1215-AB22
----------------------------------------------------------------------------------------------------------------


                           Employment and Training Administration--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
2133         Disaster Unemployment Assistance Program, Amendment to Regulations...................    1205-AB02
2134         Federal-State Unemployment Compensation Program; Unemployment Insurance Performance
            System................................................................................    1205-AB10
2135         Airline Deregulation: Employee Benefit Program.......................................    1205-AB17
2136         Labor Certification Process for the Temporary Employment of Aliens in Agriculture in
            the U.S.; Administrative Measures To Improve Program Performance......................    1205-AB19
----------------------------------------------------------------------------------------------------------------


                            Employment and Training Administration--Final Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
2137         Trade Adjustment Assistance for Workers--Implementation of 1988 Amendments...........    1205-AB05
2138         Trade Adjustment Assistance for Workers--Transitional Adjustment Assistance NAFTA-TAA    1205-AB07
2139         Welfare-to-Work (WTW) Grants (Reg Plan Seq. No. 58)..................................    1205-AB15
2140         Federal-State Unemployment Compensation Program; Confidentiality and Disclosure of
            State Records.........................................................................    1205-AB18
2141         Workforce Investment Act of 1998 (Reg Plan Seq. No. 59)..............................   1205-AB20
----------------------------------------------------------------------------------------------------------------
References in boldface appear in the Regulatory Plan in Part II of this issue of the Federal Register.


                            Employment and Training Administration--Long-Term Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
2142         Services to Migrant and Seasonal Farmworkers, Job Service Complaint System,
            Monitoring, and Enforcement...........................................................    1205-AA37

[[Page 61971]]

 
2143         Labor Certification Process for the Permanent Employment of Aliens in the United
            States................................................................................    1205-AA66
2144         Establishment of Fees for Immigration Programs Administered by the Employment and
            Training Administration...............................................................    1205-AB14
2145         Indian and Native American Welfare-to-Work Program...................................    1205-AB16
----------------------------------------------------------------------------------------------------------------


                            Employment and Training Administration--Completed Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
2146         Job Training Partnership Act: Indian and Native American Programs....................    1205-AA96
2147         Job Training Partnership Act: Migrant and Seasonal Farmworker Programs...............    1205-AA99
2148         Amendments to the Labor Certification Process for Temporary Agricultural Employment
            in the United States (H-2A)...........................................................    1205-AB09
----------------------------------------------------------------------------------------------------------------


                        Pension and Welfare Benefits Administration--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
2149         Definition of Collective Bargaining Agreement (ERISA Section 3(40))..................    1210-AA48
2150         Revision of the Form 5500 Series and Implementing and Related Regulations Under the
            Employee Retirement Income Security Act of 1974 (ERISA) (Reg Plan Seq. No. 60)........    1210-AA52
2151         Reporting Requirements for MEWAs Providing Medical Care Benefits.....................    1210-AA64
2152         Elimination of Filing Requirements for Summary Plan Descriptions.....................    1210-AA66
2153         Requirement to Furnish Plan Documents Upon Request by the Secretary of Labor.........    1210-AA67
2154         Civil Penalty for Failure to Furnish Certain Plan Documents..........................    1210-AA68
2155         Amendments to Summary Plan Description Regulations (Reg Plan Seq. No. 61)............    1210-AA69
2156         Electronic Disclosure of Employee Benefit Plan Information...........................    1210-AA71
2157         Amendment of Small Plan Exemption From Audit Requirement.............................   1210-AA73
----------------------------------------------------------------------------------------------------------------
References in boldface appear in the Regulatory Plan in Part II of this issue of the Federal Register.


                          Pension and Welfare Benefits Administration--Final Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
2158         Regulations Implementing the Health Care Access, Portability and Renewability
            Provisions of the Health Insurance Portability and Accountability Act of 1996 (Reg
            Plan Seq. No. 62).....................................................................    1210-AA54
2159         Amendment of Summary Plan Description and Related ERISA Regulations To Implement
            Statutory Changes in the Health Insurance Portability and Accountability Act of 1996
            (Reg Plan Seq. No. 63)................................................................    1210-AA55
2160         Enforcement Policy on AICPA SOP 92-6.................................................    1210-AA57
2161         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
2162         Amendments to Employee Benefit Plan Claims Procedures Regulation (Reg Plan Seq. No.
            64)...................................................................................    1210-AA61
2163         Health Care Standards for Mothers and Newborns (Reg Plan Seq. No. 65)................    1210-AA63
2164         Interpretive Bulletin on Payroll Deduction Programs for Contributions to Individual
            Retirement Accounts...................................................................    1210-AA70
2165         National Medical Support Notice (Reg Plan Seq. No. 66)...............................   1210-AA72
----------------------------------------------------------------------------------------------------------------
References in boldface appear in the Regulatory Plan in Part II of this issue of the Federal Register.


                         Pension and Welfare Benefits Administration--Long-Term Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
2166         Adequate Consideration...............................................................    1210-AA15

[[Page 61972]]

 
2167         Civil Penalties Under ERISA Section 502(l)...........................................    1210-AA37
2168         Reporting and Disclosure Under the Employee Retirement Income Security Act of 1974...    1210-AA44
2169         Rulemaking Relating to Notice Requirements for Continuation of Health Care Coverage..    1210-AA60
2170         Interim Rules Relating to Mental Health Benefits Parity..............................    1210-AA62
2171         Individual Benefits Reporting Requirements for Defined Contribution Plans............    1210-AA65
----------------------------------------------------------------------------------------------------------------


                              Mine Safety and Health Administration--Prerule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
2172         Training and Retraining of Miners....................................................    1219-AB02
2173         Occupational Exposure to Coal Mine Dust (Lowering Exposure Limit) (Reg Plan Seq. No.
            67)...................................................................................   1219-AB08
----------------------------------------------------------------------------------------------------------------
References in boldface appear in the Regulatory Plan in Part II of this issue of the Federal Register.


                           Mine Safety and Health Administration--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
2174         Air Quality, Chemical Substances, and Respiratory Protection Standards...............    1219-AA48
2175         Diesel Particulate (Underground Coal) (Reg Plan Seq. No. 68).........................    1219-AA74
2176         Belt Entry Use As Intake Aircourses To Ventilate Working Sections....................    1219-AA76
2177         Metal/Nonmetal Impoundments..........................................................    1219-AA83
2178         Surface Haulage......................................................................    1219-AA93
2179         Safety Standards for the Use of Roof-Bolting Machines................................    1219-AA94
2180         Safety Standard Revisions for Underground Anthracite Mines...........................    1219-AA96
2181         Electrical Standards for Metal and Nonmetal Mines....................................    1219-AB01
2182         Self-Contained Self-Rescue Devices in Underground Metal and Nonmetal Mines...........    1219-AB06
2183         X-Ray Surveillance Program for Surface Coal Miners (Reg Plan Seq. No. 69)............    1219-AB09
2184         Diesel Particulate (Underground Metal and Nonmetal Mines) (Reg Plan Seq. No. 70).....    1219-AB11
2185         Verification of Dust Control Plan (Reg Plan Seq. No. 71).............................    1219-AB14
2186         Training and Retraining of Miners: Supervisor Training...............................   1219-AB16
----------------------------------------------------------------------------------------------------------------
References in boldface appear in the Regulatory Plan in Part II of this issue of the Federal Register.


                             Mine Safety and Health Administration--Final Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
2187         Hazard Communication.................................................................    1219-AA47
2188         Noise Standard (Reg Plan Seq. No. 72)................................................    1219-AA53
2189         Longwall Equipment (Including High-Voltage)..........................................    1219-AA75
2190         Independent Laboratory Testing.......................................................    1219-AA87
2191         Requirements for Approval of Flame-Resistant Conveyor Belts..........................    1219-AA92
2192         Improving and Eliminating Regulations................................................    1219-AA98
2193         Safety Standards for Underground Coal Mine Ventilation...............................   1219-AB10
----------------------------------------------------------------------------------------------------------------
References in boldface appear in the Regulatory Plan in Part II of this issue of the Federal Register.


                            Mine Safety and Health Administration--Long-Term Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
2194         Confined Spaces......................................................................    1219-AA54

[[Page 61973]]

 
2195         Carbon Monoxide Monitor Approval.....................................................    1219-AA72
2196         Safety Standards for Methane in Metal and Nonmetal Mines.............................    1219-AA90
2197         Respirable Crystalline Silica Standard...............................................    1219-AB12
----------------------------------------------------------------------------------------------------------------


                            Mine Safety and Health Administration--Completed Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
2198         Coal Mine Dust.......................................................................    1219-AA81
2199         Safety Standards for Roof Bolts in Metal and Nonmetal Mines and Underground Coal
            Mines.................................................................................    1219-AB00
2200         Criteria and Procedures for Proposed Assessment of Civil Penalties...................    1219-AB03
2201         Observation of Operator Noise Monitoring.............................................    1219-AB05
2202         Experienced Miner and Supervisor Training............................................    1219-AB13
2203         Safety Standards for Reporting Daily Inspections of Surface Coal Mines...............    1219-AB15
----------------------------------------------------------------------------------------------------------------


            Office of the Assistant Secretary for Administration and Management--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
2204         Nondiscrimination on the Basis of Age in Programs and Activities Receiving Federal
            Financial Assistance From the Department of Labor.....................................    1291-AA21
2205         Nondiscrimination on the Basis of Disability in Programs and Activities Receiving or
            Benefiting From Federal Financial Assistance..........................................    1291-AA28
2206         Implementation of the Nondiscrimination and Equal Opportunity Requirements of the
            Workforce Investment Act of 1998......................................................    1291-AA29
----------------------------------------------------------------------------------------------------------------


              Office of the Assistant Secretary for Administration and Management--Final Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
2207         Audits of States, Local Governments, and Nonprofit Organizations.....................    1291-AA26
2208         Audit Requirements for Grants, Contracts, and Other Agreements.......................    1291-AA27
----------------------------------------------------------------------------------------------------------------


             Office of the Assistant Secretary for Administration and Management--Long-Term Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
2209         Department of Labor Acquisition Regulation...........................................    1291-AA20
----------------------------------------------------------------------------------------------------------------


             Office of the Assistant Secretary for Administration and Management--Completed Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
2210         Administrative Requirements for Grantees To Reflect Single Audit Act Amendments......    1291-AA25
----------------------------------------------------------------------------------------------------------------


[[Page 61974]]


                          Occupational Safety and Health Administration--Prerule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
2211         Standards Advisory Committee on Metalworking Fluids (Reg Plan Seq. No. 73)...........    1218-AB58
2212         Control of Hazardous Energy Sources (Lockout/Tagout)(Section 610 Review).............    1218-AB59
2213         Occupational Exposure to Ethylene Oxide (Section 610 Review).........................    1218-AB60
2214         Fall Protection in the Construction Industry.........................................    1218-AB62
2215         Process Safety Management of Highly Hazardous Chemicals..............................    1218-AB63
2216         Safety Standards for Scaffolds Used in the Construction Industry--Part II............    1218-AB68
2217         Occupational Exposure to Crystalline Silica (Reg Plan Seq. No. 74)...................    1218-AB70
2218         Grain Handling Facilities (Section 610 Review).......................................    1218-AB73
2219         Cotton Dust (Section 610 Review).....................................................   1218-AB74
----------------------------------------------------------------------------------------------------------------
References in boldface appear in the Regulatory Plan in Part II of this issue of the Federal Register.


                       Occupational Safety and Health Administration--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
2220         Steel Erection (Part 1926) (Safety Protection for Ironworkers) (Reg Plan Seq. No. 75)    1218-AA65
2221         Access and Egress in Shipyards (Part 1915, Subpart E) (Phase I) (Shipyards: Emergency
            Exits and Aisles).....................................................................    1218-AA70
2222         Prevention of Work-Related Musculoskeletal Disorders (Reg Plan Seq. No. 76)..........    1218-AB36
2223         Safety and Health Programs (for General Industry and the Maritime Industries) (Reg
            Plan Seq. No. 77).....................................................................    1218-AB41
2224         Occupational Exposure to Hexavalent Chromium (Preventing Occupational Illness:
            Chromium).............................................................................    1218-AB45
2225         Occupational Exposure to Tuberculosis (Reg Plan Seq. No. 78).........................    1218-AB46
2226         Confined Spaces in Construction (Part 1926): Preventing Suffocation/Explosions in
            Confined Spaces.......................................................................    1218-AB47
2227         Fire Protection in Shipyard Employment (Part 1915, Subpart P) (Phase II) (Shipyards:
            Fire Safety)..........................................................................    1218-AB51
2228         Permissible Exposure Limits (PELs) for Air Contaminants (Reg Plan Seq. No. 79).......    1218-AB54
2229         Plain Language Revision of Existing Standards (Phase I) (Reg Plan Seq. No. 80).......    1218-AB55
2230         Nationally Recognized Testing Laboratories Programs: Fees............................    1218-AB57
2231         Flammable and Combustible Liquids....................................................    1218-AB61
2232         Revocation of Certification Records for Tests, Inspections, and Training.............    1218-AB65
2233         Plain Language Revision of the Mechanical Power-Transmission Apparatus Standard......    1218-AB66
2234         Requirement To Pay for Personal Protective Equipment (Reg Plan Seq. No. 81)..........    1218-AB77
2235         Consolidation of Records Maintenance Requirements in OSHA Standards..................    1218-AB78
2236         Consultation Agreements..............................................................   1218-AB79
----------------------------------------------------------------------------------------------------------------
References in boldface appear in the Regulatory Plan in Part II of this issue of the Federal Register.


                         Occupational Safety and Health Administration--Final Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
2237         Respiratory Protection (Proper Use of Modern Respirators)............................    1218-AA05
2238         Recording and Reporting Occupational Injuries and Illnesses (Simplified Injury/
            Illness Recordkeeping Requirements) (Reg Plan Seq. No. 82)............................    1218-AB24
2239         Powered Industrial Truck Operator Training (Industrial Truck Safety Training)........    1218-AB33
2240         Permit Required Confined Spaces (General Industry: Preventing Suffocation/Explosions
            In Confined Spaces)...................................................................   1218-AB52
----------------------------------------------------------------------------------------------------------------
References in boldface appear in the Regulatory Plan in Part II of this issue of the Federal Register.


                        Occupational Safety and Health Administration--Long-Term Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
2241         Longshoring and Marine Terminals (Parts 1917 and 1918)-- Reopening of the Record
            (Vertical Tandem Lifts (VTLs))........................................................    1218-AA56
2242         Scaffolds in Shipyards (Part 1915--Subpart N) (Phase I)..............................    1218-AA68
2243         Glycol Ethers: 2-Methoxyethanol, 2-Ethoxyethanol, and Their Acetates: Protecting
            Reproductive Health...................................................................    1218-AA84

[[Page 61975]]

 
2244         Accreditation of Training Programs for Hazardous Waste Operations (Part 1910)........    1218-AB27
2245         Indoor Air Quality in the Workplace..................................................    1218-AB37
2246         General Working Conditions for Shipyard Employment...................................    1218-AB50
2247         Fire Brigades........................................................................    1218-AB64
2248         Electric Power Transmission and Distribution; Electrical Protective Equipment in the
            Construction Industry.................................................................    1218-AB67
2249         Safety and Health Programs for Construction..........................................    1218-AB69
2250         Control of Hazardous Energy (Lockout) in Construction (Part 1926) (Preventing
            Construction Injuries/Fatalities; Lockout)............................................    1218-AB71
2251         Occupational Exposure to Beryllium...................................................    1218-AB76
2252         Walking Working Surfaces and Personal Fall Protection Systems (1910) (Slips, Trips
            and Fall Prevention)..................................................................    1218-AB80
----------------------------------------------------------------------------------------------------------------


                        Occupational Safety and Health Administration--Completed Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
2253         Standards Improvement Project........................................................    1218-AB53
----------------------------------------------------------------------------------------------------------------

_______________________________________________________________________
DEPARTMENT OF LABOR (DOL)                     Proposed Rule Stage
Office of the Secretary (OS)
_______________________________________________________________________

2105. PRODUCTION OR DISCLOSURE OF INFORMATION OR MATERIALS

Priority:  Substantive, Nonsignificant

Legal Authority:  5 USC 301; 5 USC 552 as 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                            12/00/98

Regulatory Flexibility Analysis Required: No

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 N2428, FP 
Building, Washington, DC 20210
Phone: 202 219-8188
Fax: 202 219-6896
Email: [email protected]

RIN: 1290-AA17
_______________________________________________________________________

2106. 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                            12/00/98

Regulatory Flexibility Analysis Required: Yes
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
Fax: 202 219-6896
Email: [email protected]

RIN: 1290-AA18

[[Page 61976]]

_______________________________________________________________________
DEPARTMENT OF LABOR (DOL)                        Final Rule Stage
Office of the Secretary (OS)
_______________________________________________________________________

2107. 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                    12/00/98

Regulatory Flexibility Analysis Required: No

Government Levels Affected: Federal

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
Fax: 202 219-6896
Email: [email protected]

RIN: 1290-AA15
_______________________________________________________________________
DEPARTMENT OF LABOR (DOL)                       Completed Actions
Office of the Secretary (OS)
_______________________________________________________________________

2108. 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
Withdrawn                       08/26/98

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Additional Information: Since 1980, a number of changes have taken 
place in DOL's farm labor activities, such as: The Farm Labor 
Contractor Registration Act has been replaced by the Migrant and 
Seasonal Agricultural Worker Protection Act; the title of the head of 
the National Committee has been changed from Under Secretary to Deputy 
Secretary; the Immigration Reform and Control Act of 1986 has amended 
the Immigration and Nationality Act, authorizing DOL to enforce work 
contracts executed by employers of alien (H-2A) farmworkers; the role 
of States in operating the Employment Service under the Wagner-Peyser 
Act was enhanced in 1982; regional offices of the Employment Standards 
Administration no longer exist and the regional farm labor enforcement 
role is now coordinated by the Regional Administrator for Wage and 
Hour; and the Assistant Secretary for Policy has assumed a role in farm 
labor programs at the national level. These and other changes 
necessitate updating the coordinated enforcement regulations.

Agency Contact: Ruth Samardick, Chief, 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
_______________________________________________________________________

2109. 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 
over 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

[[Page 61977]]

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                    10/22/98                    63 FR 56739
Final Action Effective          12/01/98

Regulatory Flexibility Analysis Required: No

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 N2428, FP 
Building, Washington, DC 20210
Phone: 202 219-8188
Fax: 202 219-6896
Email: [email protected]

RIN: 1290-AA16
_______________________________________________________________________
DEPARTMENT OF LABOR (DOL)                     Proposed Rule Stage
Employment Standards Administration (ESA)
_______________________________________________________________________

2110. GOVERNMENT CONTRACTORS: NONDISCRIMINATION AND AFFIRMATIVE ACTION 
OBLIGATIONS, EXECUTIVE ORDER 11246 (ESA/OFCCP) (SECTION 610 REVIEW)

Regulatory Plan:  This entry is Seq. No. 54 in Part II of this issue of 
the Federal Register.

RIN: 1215-AA01
_______________________________________________________________________

2111. CHILD LABOR REGULATIONS, ORDERS, AND STATEMENTS OF INTERPRETATION 
(ESA/W-H)

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

RIN: 1215-AA09
_______________________________________________________________________

2112. DEFINING AND DELIMITING THE TERM ``ANY EMPLOYEE EMPLOYED IN A BONA 
FIDE EXECUTIVE, ADMINISTRATIVE, OR PROFESSIONAL CAPACITY'' (ESA/W-H)

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

RIN: 1215-AA14
_______________________________________________________________________

2113. 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
NPRM                            12/00/98

Regulatory Flexibility Analysis Required: No

Government Levels Affected: State, Local, Federal

Agency Contact: John R. Fraser, Deputy Director, Wage and Hour 
Division, Department of Labor, Employment Standards Administration, 200 
Constitution Avenue NW., Room S3502, FP Building, Washington, DC 20210
Phone: 202 693-0051
Fax: 202 219-5122

RIN: 1215-AA82
_______________________________________________________________________

2114. PROCEDURES FOR PREDETERMINATION OF WAGE RATES (29 CFR PART 1) AND 
LABOR STANDARDS PROVISIONS APPLICABLE TO CONTRACTS COVERING FEDERALLY 
FINANCED AND ASSISTED CONSTRUCTION (29 CFR PART 5)

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

RIN: 1215-AA94
_______________________________________________________________________

2115. 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:

[[Page 61978]]

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
Second NPRM                     12/00/98

Regulatory Flexibility Analysis Required: No

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 Director, Wage and Hour 
Division, Department of Labor, Employment Standards Administration, 200 
Constitution Avenue NW., Room S3502, FP Building, Washington, DC 20210
Phone: 202 693-0051
Fax: 202 219-5122

RIN: 1215-AA96
_______________________________________________________________________

2116. 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                            04/00/99

Regulatory Flexibility Analysis Required: No

Government Levels Affected: State, Local, Federal

Agency Contact: John R. Fraser, Deputy Director, Wage and Hour 
Division, Department of Labor, Employment Standards Administration, 200 
Constitution Avenue NW., Room S3502, FP Building, Washington, DC 20210
Phone: 202 693-0051
Fax: 202 219-5122

RIN: 1215-AB03
_______________________________________________________________________

2117. 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                            11/00/98

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

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

[[Page 61979]]

Phone: 202 693-0051
Fax: 202 219-5122

RIN: 1215-AB06
_______________________________________________________________________

2118. 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:  20 CFR 655, subparts H & I

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. As part of the DOL regulatory 
reinvention efforts, Regulations, 29 CFR part 507, which duplicate 20 
CFR part 655, subparts H and I, have been removed from title 29. (See 
61 FR 51013.)

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            10/31/95                    60 FR 55339
NPRM Comment Period End         11/30/95
NPRM                            12/00/98

Regulatory Flexibility Analysis Required: No

Government Levels Affected: Federal

Agency Contact: John R. Fraser, Deputy Director, Wage and Hour 
Division, Department of Labor, Employment Standards Administration, 200 
Constitution Avenue NW., Room S3502, FP Building, Washington, DC 20210
Phone: 202 693-0051
Fax: 202 219-5122

RIN: 1215-AB09
_______________________________________________________________________

2119. 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                            04/00/99

Regulatory Flexibility Analysis Required: No

Government Levels Affected: State, Federal

Agency Contact: John R. Fraser, Deputy Director, Wage and Hour 
Division, Department of Labor, Employment Standards Administration, 200 
Constitution Avenue NW., Room S3502, FP Building, Washington, DC 20210
Phone: 202 693-0051
Fax: 202 219-5122

RIN: 1215-AB11
_______________________________________________________________________

2120. IMPLEMENTATION OF THE 1996 AMENDMENTS TO THE FAIR LABOR STANDARDS 
ACT

Priority:  Other Significant

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

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

Legal Deadline: None

Abstract: The ``Small Business Job Protection Act of 1996'' (H.R. 3448) 
was enacted on August 20, 1996, as Public Law 104-188. Title II of this 
enactment amended the Portal-to-Portal Act (PA) and the Fair Labor 
Standards Act (FLSA). The PA amendment excludes (under certain 
circumstances) from compensable ``hours worked'' the time spent by an 
employee in home-to-work travel in an employer-provided vehicle. The 
FLSA amendments: (1) increase the $4.25 Federal minimum hourly wage by 
$.90 in two steps over 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                            12/00/98

Regulatory Flexibility Analysis Required: No

Government Levels Affected: State, Local, Federal

Agency Contact: John R. Fraser, Deputy Director, Wage and Hour 
Division, Department of Labor, Employment Standards Administration, 200 
Constitution Avenue NW., Room S3502, FP Building, Washington, DC 20210
Phone: 202 693-0051
Fax: 202 219-5122

RIN: 1215-AB13
_______________________________________________________________________

2121. 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)

[[Page 61980]]

amended the Federal Civil Penalties Inflation Adjustment Act 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                            11/00/98

Regulatory Flexibility Analysis Required: No

Government Levels Affected: State, Local, Tribal, Federal

Agency Contact: John R. Fraser, Deputy Director, Wage and Hour 
Division, Department of Labor, Employment Standards Administration, 200 
Constitution Avenue NW., Room S3502, FP Building, Washington, DC 20210
Phone: 202 693-0051
Fax: 202 219-5122

RIN: 1215-AB20
_______________________________________________________________________

2122. 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 to 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(l) 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, 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                            12/00/98

Regulatory Flexibility Analysis Required: No

Government Levels Affected: State, Local, Federal

Agency Contact: John R. Fraser, Deputy Director, Wage and Hour 
Division, Department of Labor, Employment Standards Administration, 200 
Constitution Avenue NW., Room S3502, FP Building, Washington, DC 20210
Phone: 202 693-0051
Fax: 202 219-5122

RIN: 1215-AB21
_______________________________________________________________________

2123.  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: OFCCP proposes to revise the regulation implementing section 
503 of the Rehabilitation Act of 1973, as amended, to conform to the 
recently revised section 60-1.20(a) of the regulation implementing E.O. 
11246, as amended. The section authorizes OFCCP to use a range of 
methods to evaluate a contractor's compliance with the regulations.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            03/00/99

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: Undetermined

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: 202 693-0102
TDD: 800 326-2577
Fax: 202 219-6195

RIN: 1215-AB23
_______________________________________________________________________
DEPARTMENT OF LABOR (DOL)                        Final Rule Stage
Employment Standards Administration (ESA)
_______________________________________________________________________

2124. 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.

[[Page 61981]]

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                    10/00/98

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Agency Contact: James I. Melvin, Director, Division of Policy, 
Planning, Program Development, OFCCP, Department of Labor, Employment 
Standards Administration, 200 Constitution Avenue NW., Room C3325, FP 
Building, Washington, DC 20210
Phone: 202 693-0102
TDD: 800 326-2577
Fax: 202 219-6195

RIN: 1215-AA62
_______________________________________________________________________

2125. 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                    03/00/99

Regulatory Flexibility Analysis Required: No

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: 202 693-0102
TDD: 800 326-2577
Fax: 202 219-6195

RIN: 1215-AA84
_______________________________________________________________________

2126. BENEFITS UNDER THE FEDERAL COAL MINE SAFETY AND HEALTH ACT OF 
1977, AS AMENDED AFFECTING THE BLACK LUNG BENEFITS ACT

Priority:  Other Significant

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

Legal Authority:  30 USC 901 et seq

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

Legal Deadline: None

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

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            01/22/97                     62 FR 3338
NPRM Comment Period End         03/24/97
NPRM Comment Period End Extended 
to 8/22/97                      05/24/97                     62 FR 8201
Final Action                    12/00/98

Regulatory Flexibility Analysis Required: 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: 202 693-0046
Fax: 202 219-8568

RIN: 1215-AA99
_______________________________________________________________________

2127. 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                    10/00/98

Regulatory Flexibility Analysis Required: No

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

[[Page 61982]]

_______________________________________________________________________

2128. 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                    10/00/98

Regulatory Flexibility Analysis Required: No

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: 202 693-0102
TDD: 800 326-2577
Fax: 202 219-6195

RIN: 1215-AB19
_______________________________________________________________________
DEPARTMENT OF LABOR (DOL)                       Long-Term Actions
Employment Standards Administration (ESA)
_______________________________________________________________________

2129. 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

Regulatory Flexibility Analysis Required: No

Government Levels Affected: Federal

Agency Contact: John R. Fraser, Deputy Director, Wage and Hour 
Division, Department of Labor, Employment Standards Administration, 200 
Constitution Avenue NW., Room S3502, FP Building, Washington, DC 20210
Phone: 202 693-0051
Fax: 202 219-5122

RIN: 1215-AA43
_______________________________________________________________________

2130. 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

[[Page 61983]]

information-supplying activities were undertaken.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            00/00/00

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Agency Contact: Kay H. Oshel, Chief, Division of Interpretations and 
Standards, OLMS, Department of Labor, Employment Standards 
Administration, 200 Constitution Avenue NW., Room N5605, FP Building, 
Washington, DC 20210
Phone: 202 219-7373
Fax: 202 219-6459

RIN: 1215-AB14
_______________________________________________________________________
DEPARTMENT OF LABOR (DOL)                       Completed Actions
Employment Standards Administration (ESA)
_______________________________________________________________________

2131. 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                    10/22/98                    63 FR 56752
Final Action Effective          11/23/98

Regulatory Flexibility Analysis Required: No

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
_______________________________________________________________________

2132.  TECHNICAL AMENDMENTS OF RULES RELATING TO LABOR-
MANAGEMENT STANDARDS AND STANDARDS OF CONDUCT FOR FEDERAL SECTOR LABOR 
ORGANIZATIONS

Priority:  Info./Admin./Other

Legal Authority:  29 USC 401 et seq; 29 USC 7120; 29 USC 7134; 
Secretary's Order 5-96

CFR Citation:  29 CFR 402 to 406; 29 CFR 457 to 458; 29 CFR 408 to 409; 
29 CFR 417; 29 CFR 452 to 453

Legal Deadline: None

Abstract: The final rule makes two corrections to the final rule 
published in the Federal Register on June 19, 1998, 63 FR 33778. These 
two corrections, which were inadvertently omitted from the June 19th 
final rule, change the OMB control number in 29 CFR section 406.10 and 
408.13 to ``1215-0188.''

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Final Action                    06/19/98                    63 FR 33778
Final Action Effective          06/19/98
Final Action - Amendment 
Correction                      09/03/98                    63 FR 46887
Final Action Effective          09/03/98

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Agency Contact: Kay H. Oshel, Chief, Division of Interpretations and 
Standards, OLMS, Department of Labor, Employment Standards 
Administration, 200 Constitution Avenue NW., Room N5605, FP Building, 
Washington, DC 20210
Phone: 202 219-7373
Fax: 202 219-6459

RIN: 1215-AB22
_______________________________________________________________________
DEPARTMENT OF LABOR (DOL)                     Proposed Rule Stage
Employment and Training Administration (ETA)
_______________________________________________________________________

2133. 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

[[Page 61984]]

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

Regulatory Flexibility Analysis Required: Yes
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
Phone: 202 219-5616

RIN: 1205-AB02
_______________________________________________________________________

2134. 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; 20 CFR 609.6(f); 20 
CFR 614.6(f)

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                            05/00/99

Regulatory Flexibility Analysis Required: 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
_______________________________________________________________________

2135. 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                            03/00/99

Regulatory Flexibility Analysis Required: No

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
_______________________________________________________________________

2136.  LABOR CERTIFICATION PROCESS FOR THE TEMPORARY EMPLOYMENT 
OF ALIENS IN AGRICULTURE IN THE U.S.; ADMINISTRATIVE MEASURES TO IMPROVE 
PROGRAM PERFORMANCE

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

Legal Authority:  8 USC 1101 (a); 8 USC 1184 (c) (1); 8 USC 1188

CFR Citation:  20 CFR 655 subpart B; 20 CFR 654 subpart E

Legal Deadline: None

Abstract: The Amendments would improve and streamline the operation of 
the temporary program for the temporary employment of nonimmigrant 
agricultural workers in the United States.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            10/02/98                    63 FR 53243
NPRM Comment Period End         12/01/98

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

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: 202 219-5263
Fax: 202 208-5844
Email: [email protected]

RIN: 1205-AB19

[[Page 61985]]

_______________________________________________________________________
DEPARTMENT OF LABOR (DOL)                        Final Rule Stage
Employment and Training Administration (ETA)
_______________________________________________________________________

2137. TRADE ADJUSTMENT ASSISTANCE FOR WORKERS--IMPLEMENTATION OF 1988 
AMENDMENTS

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

Legal Authority:  19 USC 2320

CFR Citation:  20 CFR 617

Legal Deadline: None

Abstract: The final rule implementing the 1988 Amendments to the TAA 
program was published in the Federal Register on January 6, 1994. 
Although published as final, comments were requested on several 
material changes being made in the final rule which differ from the 
November 1988 proposed rule and on a number of other changes which were 
not included in the proposed rule. Comments have been received and 
another final rule will be published relating to these substantive 
changes.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Final Action                    12/00/98

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Agency Contact: Grant D. Beale, Acting Director, Office of Trade 
Adjustment Assistance, Department of Labor, Employment and Training 
Administration, 200 Constitution Avenue NW., Room C4318, FP Building, 
Washington, DC 20210
Phone: 202 219-5555

RIN: 1205-AB05
_______________________________________________________________________

2138. 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                    03/00/99

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Agency Contact: Grant D. Beale, Acting Director, Office of Trade 
Adjustment Assistance, Department of Labor, Employment and Training 
Administration, 200 Constitution Avenue NW., Room C4318, FP Building, 
Washington, DC 20210
Phone: 202 219-5555

RIN: 1205-AB07
_______________________________________________________________________

2139. WELFARE-TO-WORK (WTW) GRANTS

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

RIN: 1205-AB15
_______________________________________________________________________

2140.  FEDERAL-STATE UNEMPLOYMENT COMPENSATION PROGRAM; 
CONFIDENTIALITY AND DISCLOSURE OF STATE RECORDS

Priority:  Other Significant

Legal Authority:  42 USC 1302 (a); 42 USC 503; Secretary's Orders 4-75 
and 14-75; 42 USC 132.06-7

CFR Citation:  20 CFR 603

Legal Deadline: None

Abstract: The Employment and Training Administration of the Department 
of Labor is preparing to issue a final rule on confidentiality and 
disclosure of State records in the Federal-State Unemployment 
Compensation program. The final rule modifies and expands the 
regulations implementing the Income and Eligibility Verification System 
(IEVS) to include all of the requirements of statutory provisions 
relating to confidentiality and disclosure of State records compiled or 
maintained for purposes of the Federal-State Unemployment Compensation 
program.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Final Rule                      12/00/98

Regulatory Flexibility Analysis Required: No

Government Levels Affected: State

Additional Information: Formerly RIN 1205-AA74; was taken off 
regulatory agenda in 1994 due to inactivity. An NPRM was published 3/
23/92 at 57 FR 100064 with comment period ending 5/22/92.

Agency Contact: Anne Gallagher, Department of Labor, Employment and 
Training Administration, 200 Constitution Avenue NW., Room C4512, FP 
Building, Washington, DC 20210
Phone: 202 219-5201
Fax: 202 219-8506

RIN: 1205-AB18
_______________________________________________________________________

2141.  WORKFORCE INVESTMENT ACT OF 1998

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

RIN: 1205-AB20

[[Page 61986]]

_______________________________________________________________________
DEPARTMENT OF LABOR (DOL)                       Long-Term Actions
Employment and Training Administration (ETA)
_______________________________________________________________________

2142. 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 VI of the Job Training Partnership Act.

Timetable: Next Action Undetermined

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: State, Local, Federal

Agency Contact: John R. Beverly, Director, U.S. Employment Service, 
Department of Labor, Employment and Training Administration, 200 
Constitution Avenue NW., Room N4470, FP Building, Washington, DC 20210
Phone: 202 219-5257

RIN: 1205-AA37
_______________________________________________________________________

2143. 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

Regulatory Flexibility Analysis Required: No

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: 202 219-5263
Fax: 202 219-5844
Email: [email protected]

RIN: 1205-AA66
_______________________________________________________________________

2144. 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

Regulatory Flexibility Analysis Required: No

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 1999 and 2000 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 N4456, FP Building, 
Washington, DC 20210
Phone: 202 219-5263
Fax: 202 219-5844
Email: [email protected]

RIN: 1205-AB14
_______________________________________________________________________

2145. 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, Citation mandates Secretary to 
prescribe regulations within 90 days of enactment to publish Interim 
Final rule by 10/31/98.

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


Next Action Undetermined

Regulatory Flexibility Analysis Required: No

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

[[Page 61987]]

Fax: 202 219-6338
Email: [email protected]

RIN: 1205-AB16
_______________________________________________________________________
DEPARTMENT OF LABOR (DOL)                       Completed Actions
Employment and Training Administration (ETA)
_______________________________________________________________________

2146. 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

________________________________________________________________________

Withdrawn                       08/26/98

Regulatory Flexibility Analysis Required: 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: 202 219-8502

RIN: 1205-AA96
_______________________________________________________________________

2147. 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

________________________________________________________________________

Withdrawn                       08/26/98

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

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-AA99
_______________________________________________________________________

2148. 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:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Withdrawn                       08/31/98

Regulatory Flexibility Analysis Required: No

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: 202 219-5263

RIN: 1205-AB09

[[Page 61988]]

_______________________________________________________________________
DEPARTMENT OF LABOR (DOL)                     Proposed Rule Stage
Pension and Welfare Benefits Administration (PWBA)
_______________________________________________________________________

2149. 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                     09/00/99

Regulatory Flexibility Analysis Required: 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 N5669, FP Building, Washington, DC 20210
Phone: 202 219-8671

RIN: 1210-AA48
_______________________________________________________________________

2150. REVISION OF THE FORM 5500 SERIES AND IMPLEMENTING AND RELATED 
REGULATIONS UNDER THE EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974 
(ERISA)

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

RIN: 1210-AA52
_______________________________________________________________________

2151. 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:  29 CFR 2520

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 45-204, 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                            06/00/99

Regulatory Flexibility Analysis Required: 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 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-AA64
_______________________________________________________________________

2152. 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.

[[Page 61989]]

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

CFR Citation:  29 CFR 2520.104a-2; 29 CFR 2520.104a-3; 29 CFR 
2520.104a-4; 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), summaries 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                            03/00/99

Regulatory Flexibility Analysis Required: 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
_______________________________________________________________________

2153. 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 2520.104a-8

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                            03/00/99

Regulatory Flexibility Analysis Required: 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
_______________________________________________________________________

2154. 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:  29 CFR 2560; 29 CFR 2570

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), summaries of 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 particular, this 
rulemaking will implement the amendments that 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                            03/00/99

Regulatory Flexibility Analysis Required: 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
_______________________________________________________________________

2155. AMENDMENTS TO SUMMARY PLAN DESCRIPTION REGULATIONS

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

RIN: 1210-AA69
_______________________________________________________________________

2156.  ELECTRONIC DISCLOSURE OF EMPLOYEE BENEFIT PLAN 
INFORMATION

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

Legal Authority:  29 USC 1024; 29 USC 1135; Taxpayer Relief Act (PL 
105-34); Secretary of Labor's Order No. 1-87, April 21,1987

CFR Citation:  29 CFR 2520.104b

Legal Deadline:
NPRM, Statutory, December 31, 1998.

Abstract: This rulemaking will improve the ability of sponsors and 
administrators of all employee benefit plans covered by title I of 
ERISA to make certain disclosures of plan information to participants 
and beneficiaries through electronic means. The rule will provide 
guidance with respect to the conditions under which electronic 
disclosures will be deemed to satisfy the disclosure requirements under 
title I of ERISA. The rule also will establish recordkeeping standards 
for maintaining or storing data in electronic form.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            12/00/98

Regulatory Flexibility Analysis Required: 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., Rm N5669, FP Building, Washington, DC 20210

[[Page 61990]]

Phone: 202 219-8521

RIN: 1210-AA71
_______________________________________________________________________

2157.  AMENDMENT OF SMALL PLAN EXEMPTION FROM AUDIT REQUIREMENT

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

Unfunded Mandates: Undetermined

Legal Authority:  29 USC 1135; 29 USC 1024; 29 USC 1191c; Secretary of 
Labor's Order No. 1-87, April 21,1987

CFR Citation:  29 CFR 2520.104-41; 29 CFR 2520.104.46

Legal Deadline: None

Abstract: This initiative would amend the conditions under which small 
pension plans (i.e., those with fewer than 100 participants) will be 
exempt from the requirements of section 103(a)(3)(A) to engage an 
independent qualified public accountant and to include the report of 
such accountant as part of the plan's annual report. Specifically, the 
amendment would condition the availability of the exemption on plan 
assets being held by an approved institution, the approved institution 
providing a certification of the assets held, and the availability of 
such certifications to plan participants and beneficiaries. This 
initiative is being undertaken to improve security and accountability 
with respect to assets of small employee pension benefit plans.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            12/00/98

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: None

Agency Contact: John Keene, Pension Law Specialist, Department of 
Labor, Pension and Welfare Benefits Administration, 200 Constitution 
Ave. NW., Room N5669, FP Building, Washington, DC 20210
Phone: 202 219-8521

RIN: 1210-AA73
_______________________________________________________________________
DEPARTMENT OF LABOR (DOL)                        Final Rule Stage
Pension and Welfare Benefits Administration (PWBA)
_______________________________________________________________________

2158. REGULATIONS IMPLEMENTING THE HEALTH CARE ACCESS, PORTABILITY AND 
RENEWABILITY PROVISIONS OF THE HEALTH INSURANCE PORTABILITY AND 
ACCOUNTABILITY ACT OF 1996

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

RIN: 1210-AA54
_______________________________________________________________________

2159. AMENDMENT OF SUMMARY PLAN DESCRIPTION AND RELATED ERISA 
REGULATIONS TO IMPLEMENT STATUTORY CHANGES IN THE HEALTH INSURANCE 
PORTABILITY AND ACCOUNTABILITY ACT OF 1996

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

RIN: 1210-AA55
_______________________________________________________________________

2160. 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 is considering comments received from the public 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                    11/00/98

Regulatory Flexibility Analysis Required: 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 N5669, FP Building, Washington, DC 20210
Phone: 202 219-8515

RIN: 1210-AA57
_______________________________________________________________________

2161. 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.
Other, Statutory, September 30, 1997, Specifies 6/30/99 as latest date 
for the regulation to take effect. Regulation not effective until 18 
months after final.
Final, Statutory, December 31, 1997.

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 policies or 
contracts issued to or for the benefit of employee benefit plans which 
are supported by assets in the insurers' general accounts. Subsection 
401(c) specifies the timetable by which the Secretary must

[[Page 61991]]

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                    12/00/98

Regulatory Flexibility Analysis Required: Yes
Small Entities Affected: Businesses

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
_______________________________________________________________________

2162. AMENDMENTS TO EMPLOYEE BENEFIT PLAN CLAIMS PROCEDURES REGULATION

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

RIN: 1210-AA61
_______________________________________________________________________

2163. HEALTH CARE STANDARDS FOR MOTHERS AND NEWBORNS

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

RIN: 1210-AA63
_______________________________________________________________________

2164.  INTERPRETIVE BULLETIN ON PAYROLL DEDUCTION PROGRAMS FOR 
CONTRIBUTIONS TO INDIVIDUAL RETIREMENT ACCOUNTS

Priority:  Info./Admin./Other

Major: Undetermined

Legal Authority:  29 USC 1002 (2); 29 USC 1135

CFR Citation:  29 CFR 2509

Legal Deadline: None

Abstract: This interpretive bulletin will compile for ease of reference 
the views of the Department of Labor (the Department) concerning the 
circumstances under which the use of a payroll deduction program for 
forwarding employee monies to an individual retirement account annuity 
will not constitute an employee pension benefit plan subject to title I 
of the Employee Retirement Security Act of 1974 (ERISA). This guidance 
is intended to assist employers in their efforts to provide retirement 
savings opportunities to employees by clarifying the circumstances 
under which the use of payroll deduction programs will not implicate 
provisions of parts 1 (Reporting and Disclosure), 4 (Fiduciary 
Responsibility) and 5 (Administration and Enforcement) of title I of 
ERISA.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Final Action                    12/00/98

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: Undetermined

Agency Contact: Susan G. 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-AA70
_______________________________________________________________________

2165.  NATIONAL MEDICAL SUPPORT NOTICE

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

RIN: 1210-AA72
_______________________________________________________________________
DEPARTMENT OF LABOR (DOL)                       Long-Term Actions
Pension and Welfare Benefits Administration (PWBA)
_______________________________________________________________________

2166. 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

Regulatory Flexibility Analysis Required: Undetermined

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
_______________________________________________________________________

2167. 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

[[Page 61992]]

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

Regulatory Flexibility Analysis Required: Undetermined

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
_______________________________________________________________________

2168. 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. On 
the basis of 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
Complete Review                 06/30/95


Next Action Undetermined

Regulatory Flexibility Analysis Required: 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
_______________________________________________________________________

2169. RULEMAKING RELATING TO NOTICE REQUIREMENTS FOR CONTINUATION OF 
HEALTH CARE COVERAGE

Priority:  Substantive, Nonsignificant

Legal Authority:  29 USC 1135; 29 USC 1136

CFR Citation:  29 CFR 2520

Legal Deadline: None

Abstract: This rulemaking will provide guidance concerning the 
notification requirements pertaining to continuation coverage under the 
Employee Retirement Income Security Act of 1974 (ERISA). Section 606 of 
ERISA requires that group health plans provide employees notification 
of the continuation coverage provisions of the plan and imposes 
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                            12/00/99

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: None

Agency Contact: Susan G. 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: 202 219-8521

RIN: 1210-AA60
_______________________________________________________________________

2170. 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:  29 CFR 2590

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

Regulatory Flexibility Analysis Required: 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

[[Page 61993]]

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, 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
_______________________________________________________________________

2171. 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

Regulatory Flexibility Analysis Required: 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)                           Prerule Stage
Mine Safety and Health Administration (MSHA)
_______________________________________________________________________

2172. TRAINING AND RETRAINING OF MINERS

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 reviewed these training requirements as part of 
its Regulatory Flexibility review to determine if changes are 
appropriate. Based on comments and MSHA's experience, the Agency will 
develop an NPRM to reflect more flexible requirements.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Begin Review                    10/01/97
End Review                      10/00/98
NPRM                            04/00/99

Regulatory Flexibility Analysis Required: Yes
Small Entities Affected: Businesses, Governmental Jurisdictions

Government Levels Affected: State, Local, Tribal

Agency Contact: Carol J. Jones, Acting 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-AB02
_______________________________________________________________________

2173. OCCUPATIONAL EXPOSURE TO COAL MINE DUST (LOWERING EXPOSURE LIMIT)

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

RIN: 1219-AB08
_______________________________________________________________________
DEPARTMENT OF LABOR (DOL)                     Proposed Rule Stage
Mine Safety and Health Administration (MSHA)
_______________________________________________________________________

2174. 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. 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. MSHA will be issuing the final rule in phases. Phase 2 
addresses respiratory protection. Phase 3 will address selected PELs. 
MSHA is also considering subsequent phases to update PELs applicable to 
hazards encountered in metal and nonmetal and

[[Page 61994]]

coal mines, revise requirements for exposure monitoring, improve 
precautions for handling restricted use chemicals, provide for 
observation of monitoring, and establish provisions for medical 
surveillance and transfer of miners required to use respirators and 
miners exposed to certain carcinogens.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           07/06/83                    48 FR 31171
ANPRM                           11/19/85                    50 FR 47702
NPRM                            08/29/89                    54 FR 35760
NPRM Comment Period End         08/30/91                    56 FR 29201
NPRM Phase 3 - PELs - Reproposal06/00/99
Final Action Phase 2 - 
Respiratory Protection          06/00/99

Regulatory Flexibility Analysis Required: Yes
Small Entities Affected: Businesses

Government Levels Affected: State, Local, Tribal, Federal

Agency Contact: Carol J. Jones, Acting 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
_______________________________________________________________________

2175. DIESEL PARTICULATE (UNDERGROUND COAL)

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

RIN: 1219-AA74
_______________________________________________________________________

2176. 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

Regulatory Flexibility Analysis Required: Yes
Small Entities Affected: Businesses

Government Levels Affected: None

Additional Information: A public hearing was held in April 1990.

Agency Contact: Carol J. Jones, Acting 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
_______________________________________________________________________

2177. 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                            04/00/99

Regulatory Flexibility Analysis Required: Yes
Small Entities Affected: Businesses

Government Levels Affected: None

Agency Contact: Carol J. Jones, Acting 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
_______________________________________________________________________

2178. 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.'' The Agency 
issued an Advance Notice of Proposed Rulemaking (ANPRM) in July 1998 to 
share its ideas and to seek suggestions to reduce these surface haulage 
accidents. MSHA will consider all comments received on the ANPRM in 
developing the proposed rule.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           07/30/98                    63 FR 40800
NPRM                            07/00/99

Regulatory Flexibility Analysis Required: Yes

[[Page 61995]]

Small Entities Affected: Businesses

Government Levels Affected: None

Agency Contact: Carol J. Jones, Acting 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
_______________________________________________________________________

2179. 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 (ANPRM) to obtain additional information and data on mine 
operators' experiences with these machines. MSHA will consider all 
comments received on the ANPRM in developing the proposed rule.

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                            03/00/99

Regulatory Flexibility Analysis Required: Yes
Small Entities Affected: Businesses

Government Levels Affected: None

Agency Contact: Carol J. Jones, Acting 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
_______________________________________________________________________

2180. 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 those in 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                            06/00/99

Regulatory Flexibility Analysis Required: Yes
Small Entities Affected: Businesses

Government Levels Affected: None

Agency Contact: Carol J. Jones, Acting 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-AA96
_______________________________________________________________________

2181. 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                            04/00/99

Regulatory Flexibility Analysis Required: Yes
Small Entities Affected: Businesses

Government Levels Affected: None

Agency Contact: Carol J. Jones, Acting 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

[[Page 61996]]

Email: [email protected]

RIN: 1219-AB01
_______________________________________________________________________

2182. 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                            04/00/99

Regulatory Flexibility Analysis Required: Yes
Small Entities Affected: Businesses

Government Levels Affected: None

Agency Contact: Carol J. Jones, Acting 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-AB06
_______________________________________________________________________

2183. X-RAY SURVEILLANCE PROGRAM FOR SURFACE COAL MINERS

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

RIN: 1219-AB09
_______________________________________________________________________

2184. DIESEL PARTICULATE (UNDERGROUND METAL AND NONMETAL MINES)

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

RIN: 1219-AB11
_______________________________________________________________________

2185. VERIFICATION OF DUST CONTROL PLAN

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

RIN: 1219-AB14
_______________________________________________________________________

2186.  TRAINING AND RETRAINING OF MINERS: SUPERVISOR TRAINING

Priority:  Substantive, Nonsignificant

Legal Authority:  30 USC 825

CFR Citation:  30 CFR 48

Legal Deadline: None

Abstract: In 1991, MSHA published a proposed rule to revise portions of 
the existing part 48 regulations. In response to that proposal, MSHA 
received numerous comments from both industry and labor 
representatives. Some commenters recommended that supervisors who are 
exposed to mine hazards should receive training under part 48 beyond 
that required for other miners. While these comments raised concerns 
that extended beyond the scope of that proposed rule, MSHA has 
evaluated the merits of these concerns and determined that they warrant 
Agency consideration. For this reason, MSHA is addressing them in this 
proposal. MSHA is proposing to increase the number of hours of annual 
refresher training for supervisors from 8 hours to 12 hours. The 
training needs of supervisors are broader in scope and require a 
greater depth of understanding than that needed by other miners. MSHA 
expects that better trained, more knowledgeable supervisors will 
contribute to their own safety and that of the miners under their 
supervision.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            11/00/98

Regulatory Flexibility Analysis Required: Yes
Small Entities Affected: Businesses, Governmental Jurisdictions

Government Levels Affected: State, Local

Agency Contact: Carol J. Jones, Acting 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-AB16
_______________________________________________________________________
DEPARTMENT OF LABOR (DOL)                        Final Rule Stage
Mine Safety and Health Administration (MSHA)
_______________________________________________________________________

2187. 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

[[Page 61997]]

NPRM Comment Period End         01/31/92                    56 FR 48720
Final Action                    04/00/99

Regulatory Flexibility Analysis Required: Yes
Small Entities Affected: Businesses

Government Levels Affected: None

Agency Contact: Carol J. Jones, Acting 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
_______________________________________________________________________

2188. NOISE STANDARD

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

RIN: 1219-AA53
_______________________________________________________________________

2189. LONGWALL EQUIPMENT (INCLUDING HIGH-VOLTAGE)

Priority:  Other Significant

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

Legal Authority:  30 USC 811; 30 USC 957

CFR Citation:  30 CFR 18; 30 CFR 75

Legal Deadline: None

Abstract: Since 1970, MSHA regulations have required that high-voltage 
cables and transformers be kept at least 150 feet from the coal 
extraction area. The objective of this requirement is to prohibit the 
use of high-voltage cables and equipment that could serve as an 
ignition source for methane and coal dust in close proximity to the 
work area.
The modern development of highly productive longwall mining systems has 
resulted in their widespread use in the mining industry. Mine 
operators, however, currently must apply to MSHA for a variance from 
the existing standards in order to use this high-voltage equipment. The 
increased use of high-voltage longwalls in underground coal mines in 
recent years has led to the design of safe high-voltage electrical 
equipment and associated cables. These improvements have occurred 
specifically in the area of design and construction of explosion-proof 
equipment; insulation, short circuit, ground fault, and mechanical 
protection of cables; and equipment for safe handling of cables. For 
these reasons, in August 1992, MSHA published a proposed rule to 
establish safety requirements for the design construction, 
installation, use, and maintenance of high-voltage longwall equipment 
and associated cables. The 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 End              12/18/95
Final Action                    12/00/98

Regulatory Flexibility Analysis Required: Yes
Small Entities Affected: Businesses

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: Carol J. Jones, Acting 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
_______________________________________________________________________

2190. 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 End              05/31/96
Final Action                    12/00/98

Regulatory Flexibility Analysis Required: Yes
Small Entities Affected: Businesses

Government Levels Affected: Federal

Agency Contact: Carol J. Jones, Acting 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
_______________________________________________________________________

2191. REQUIREMENTS FOR APPROVAL OF FLAME-RESISTANT CONVEYOR BELTS

Priority:  Substantive, Nonsignificant

Legal Authority:  30 USC 957; 30 USC 811

[[Page 61998]]

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

Regulatory Flexibility Analysis Required: Yes
Small Entities Affected: Businesses

Government Levels Affected: None

Agency Contact: Carol J. Jones, Acting 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
_______________________________________________________________________

2192. 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 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 has 
identified provisions in over 80 other regulations that need 
overhauling or the cleanup of non-substantive language. MSHA will also 
be considering new regulations that reflect ``best practices'' which 
are used widely in the mining industry to protect miners' safety and 
health. MSHA views 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                09/03/98                    63 FR 47118
Final Rule Effective - Phase 1 
Removal of 30 CFR 21 and 24     11/02/98
Final Rule - Phase 2 Removal of 
30 CFR 26 and 29                05/00/99
Final Rule - Phase 3 Update of 
Reference IR 1240               05/00/99
Final Rule - Phase 4 Subparts   05/00/99
NPRM - Phase 5 Miscellaneous 
Technology Improvements         07/00/99

Regulatory Flexibility Analysis Required: Yes
Small Entities Affected: Businesses

Government Levels Affected: None

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

Agency Contact: Carol J. Jones, Acting 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-AA98
_______________________________________________________________________

2193. 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 61999]]

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

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            07/14/98                    63 FR 38066
Comment Period End              09/14/98
Final Action                    06/00/99

Regulatory Flexibility Analysis Required: Yes
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: Carol J. Jones, Acting 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-AB10
_______________________________________________________________________
DEPARTMENT OF LABOR (DOL)                       Long-Term Actions
Mine Safety and Health Administration (MSHA)
_______________________________________________________________________

2194. 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

Regulatory Flexibility Analysis Required: Yes
Small Entities Affected: Businesses

Government Levels Affected: None

Agency Contact: Carol J. Jones, Acting 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
_______________________________________________________________________

2195. 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

Regulatory Flexibility Analysis Required: Yes
Small Entities Affected: Businesses

Government Levels Affected: None

Agency Contact: Carol J. Jones, Acting 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
_______________________________________________________________________

2196. 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

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: None

Agency Contact: Carol J. Jones, Acting Director, Office of Standards, 
Regulations, and Variances, Department of Labor, Mine Safety and Health 
Administration, 4015 Wilson

[[Page 62000]]

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

RIN: 1219-AA90
_______________________________________________________________________

2197. 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 Pneumoconiosis 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: Next Action Undetermined

Regulatory Flexibility Analysis Required: Yes
Small Entities Affected: Businesses

Government Levels Affected: None

Agency Contact: Carol J. Jones, Acting 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)                       Completed Actions
Mine Safety and Health Administration (MSHA)
_______________________________________________________________________

2198. 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. The recommendations are both 
extensive and significant, and warrant thorough consideration by the 
Agency. MSHA, therefore, is proceeding with an in-depth evaluation of 
the recommendations and will respond to them in an orderly fashion.
MSHA has issued issued five Procedure Instruction Letters implementing 
some of the recommendations of the Advisory Committee. The Agency will 
notify the mining community as it determines how to implement other 
Advisory Committee

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
Withdrawn - Split Into Three 
Regs - 1219-AB08, 1219-AB09, 
1219-AB14                       08/17/98

Regulatory Flexibility Analysis Required: Yes
Small Entities Affected: Businesses

Government Levels Affected: None

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

Agency Contact: Carol J. Jones, Acting 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
_______________________________________________________________________

2199. 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 has revised 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 will 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

[[Page 62001]]

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                    04/22/98                    63 FR 20026
Correction Notice for Final Rule06/22/98                    63 FR 28485
Final Action Effective          06/22/98

Regulatory Flexibility Analysis Required: Yes
Small Entities Affected: Businesses

Government Levels Affected: None

Agency Contact: Carol J. Jones, Acting 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
_______________________________________________________________________

2200. 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                    04/22/98                    63 FR 20032
Correction Notice for Final Rule05/14/98                    63 FR 26719
Final Action Effective          06/22/98

Regulatory Flexibility Analysis Required: Yes
Small Entities Affected: Businesses

Government Levels Affected: None

Agency Contact: Carol J. Jones, Acting 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
_______________________________________________________________________

2201. 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. 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 68468
NPRM Comment Period End         02/07/98
Public Hearing                  03/10/98                    62 FR 68497
Combined With RIN 1219-AA53     08/17/98

Regulatory Flexibility Analysis Required: Yes
Small Entities Affected: Businesses

Government Levels Affected: None

Additional Information: This rulemaking has been combined with Noise, 
RIN 1219-AA53.

Agency Contact: Carol J. Jones, Acting 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
_______________________________________________________________________

2202. 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; 30 CFR 48.5(a); 30 CFR 48.25(d); 30 CFR 48.8(c); 30 CFR 48.28(c)

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

[[Page 62002]]

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. The final rule will address the 
proposed changes.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            09/21/91                    56 FR 48376
NPRM Comment Period End         08/24/92                    57 FR 29853
Final Action                    10/06/98                    63 FR 53750
Final Action Effective          10/06/98

Regulatory Flexibility Analysis Required: Yes
Small Entities Affected: Businesses

Government Levels Affected: None

Agency Contact: Carol J. Jones, Acting 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
_______________________________________________________________________

2203.  SAFETY STANDARDS FOR REPORTING DAILY INSPECTIONS OF 
SURFACE COAL MINES

Priority:  Info./Admin./Other

Legal Authority:  30 USC 811

CFR Citation:  30 CFR 77.1713

Legal Deadline: None

Abstract: MSHA is making a nonsubstantive technical amendment to 30 CFR 
77.1713. Currently the rule provides that all recorded examination 
reports of daily inspections for hazardous conditions at surface coal 
mines include the action taken to abate hazardous conditions and be 
signed or countersigned each day by at least one of the following 
persons: (1) the surface mine foreman; (2) the assistant superintendent 
of the mine; (3) the superintendent of the mine; or (4) the person 
designated by the operator as responsible for health and safety at the 
mine.
The persons specified are responsible for health and safety in the 
mine, to suspend operations and allocate resources to correct health 
and safety problems as they develop. However, the terms ``mine 
foreman,'' ``superintendent,'' and ``assistant superintendent'' may no 
longer describe the person with the authority to correct problems 
within certain mine management structures in the coal industry. This 
technical amendment updates the standard to allow a mine official with 
authority and responsibility equivalent to the mine officials specified 
in the existing standard to sign or countersign the daily inspection 
reports. MSHA has determined that the cost of this rule is the same as 
the existing rule. The benefit is that it reflects changes in 
terminology in the industry.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Final Action                    10/30/98                    63 FR 58611
Final Action Effective          12/29/98

Regulatory Flexibility Analysis Required: Yes
Small Entities Affected: Businesses

Government Levels Affected: None

Agency Contact: Carol J. Jones, Acting 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-AB15
_______________________________________________________________________
DEPARTMENT OF LABOR (DOL)                     Proposed Rule Stage
Office of the Assistant Secretary for Administration and Management 
(OASAM)
_______________________________________________________________________

2204. 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, Requires publication of the NPRM 
within 90 days of publication 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, Governmentwide 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 Governmentwide 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

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Agency Contact: Annabelle T. Lockhart, Director, Civil Rights Center, 
Department of Labor, Office of the Assistant Secretary for 
Administration and Management, 200 Constitution Avenue NW., Room N4123, 
FP Building, Washington, DC 20210
Phone: 202 219-8927

RIN: 1291-AA21

[[Page 62003]]

_______________________________________________________________________

2205.  NONDISCRIMINATION ON THE BASIS OF DISABILITY IN PROGRAMS 
AND ACTIVITIES RECEIVING OR BENEFITING FROM FEDERAL FINANCIAL ASSISTANCE

Priority:  Substantive, Nonsignificant

Legal Authority:  29 USC 794 Rehabilitation Act of 1973, as amended

CFR Citation:  29 CFR 32

Legal Deadline: None

Abstract: Section 504 of the Rehabilitation Act of 1973, as amended 
prohibits discrimination on the basis of disability in federally 
financed programs and activities. The Department last published a final 
rule implementing section 504 on October 7, 1980. Since that time, 
section 504 has been amended several times, generally to update 
terminology and provide new definitions. The Department is undertaking 
this rulemaking to update 29 CFR part 32 to incorporate those changes.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            03/00/99

Regulatory Flexibility Analysis Required: No

Government Levels Affected: State, Local, Tribal

Agency Contact: Annabelle T. Lockhart, Director, Civil Rights Center, 
Department of Labor, Office of the Assistant Secretary for 
Administration and Management, 200 Constitution Avenue NW., Room N4123, 
FP Building, Washington, DC 20210
Phone: 202 219-8927
TDD: 800 326-2577
Fax: 202 219-5658
Email: [email protected]

RIN: 1291-AA28
_______________________________________________________________________

2206.  IMPLEMENTATION OF THE NONDISCRIMINATION AND EQUAL 
OPPORTUNITY REQUIREMENTS OF THE WORKFORCE INVESTMENT ACT OF 1998

Priority:  Substantive, Nonsignificant

Legal Authority:  PL 105-220, sec 188 Workforce Investment Act

CFR Citation:  29 CFR 37

Legal Deadline:
Final, Statutory, August 7, 1999.

Abstract: The Workforce Investment Act of 1988 (WIA) was signed into 
law by President Clinton on August 7, 1998. Section 188 prohibits 
discrimination on the grounds of race, color, national origin, sex, 
age, disability, religion, political affiliation or belief, participant 
status, and against certain noncitizens. Section 188(e) requires that 
the Secretary of Labor issue regulations necessary to implement section 
188 not later than one year after the date of the enactment of the WIA. 
Such regulations will include standards for determining compliance and 
procedures for enforcement that are consistent with the Acts referred 
to in section 188(a)(1), as well as procedures to ensure that 
complaints filed under section 188 and such acts processed in a manner 
that avoids duplication of effort.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            03/00/99

Regulatory Flexibility Analysis Required: No

Government Levels Affected: State, Local, Tribal

Agency Contact: Annabelle T. Lockhart, Director, Civil Rights Center, 
Department of Labor, Office of the Assistant Secretary for 
Administration and Management, 200 Constitution Avenue NW., Room N4123, 
FP Building, Washington, DC 20210
Phone: 202 219-8927
TDD: 800 326-2577
Fax: 202 219-5658
Email: [email protected]

RIN: 1291-AA29
_______________________________________________________________________
DEPARTMENT OF LABOR (DOL)                        Final Rule Stage
Office of the Assistant Secretary for Administration and Management 
(OASAM)
_______________________________________________________________________

2207. 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              01/00/99

Regulatory Flexibility Analysis Required: No

Government Levels Affected: State, Local

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

Agency Contact: 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

[[Page 62004]]

_______________________________________________________________________

2208. 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              01/00/99

Regulatory Flexibility Analysis Required: No

Government Levels Affected: State, Local

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

Agency Contact: 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)
_______________________________________________________________________

2209. 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

Regulatory Flexibility Analysis Required: Yes
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 Regulations 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 Building, Washington, DC 20210
Phone: 202 219-9174
Fax: 202 219-9440
Email: [email protected]

RIN: 1291-AA20
_______________________________________________________________________
DEPARTMENT OF LABOR (DOL)                       Completed Actions
Office of the Assistant Secretary for Administration and Management 
(OASAM)
_______________________________________________________________________

2210. ADMINISTRATIVE REQUIREMENTS FOR GRANTEES TO REFLECT SINGLE AUDIT 
ACT AMENDMENTS

Priority:  Substantive, Nonsignificant

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
No Further Action Required      10/28/97

Regulatory Flexibility Analysis Required: No

Government Levels Affected: State, Local

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: 202 219-9174
Fax: 202 219-9440
Email: [email protected]

RIN: 1291-AA25

[[Page 62005]]

_______________________________________________________________________
DEPARTMENT OF LABOR (DOL)                           Prerule Stage
Occupational Safety and Health Administration (OSHA)
_______________________________________________________________________

2211. STANDARDS ADVISORY COMMITTEE ON METALWORKING FLUIDS

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

RIN: 1218-AB58
_______________________________________________________________________

2212. 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 OSH 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
Complete Review                 11/00/98

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

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, FP Building, 
Washington, DC 20210
Phone: 202 219-4690
Fax: 202 219-4383

RIN: 1218-AB59
_______________________________________________________________________

2213. 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 ethylene oxide (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
Complete Review                 11/00/98

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

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, FP Building, 
Washington, DC 20210
Phone: 202 219-4690
Fax: 202 219-4383

RIN: 1218-AB60
_______________________________________________________________________

2214. FALL PROTECTION IN THE CONSTRUCTION INDUSTRY

Priority:  Info./Admin./Other

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

CFR Citation:  29 CFR 1926

Legal Deadline: None

Abstract: OSHA is considering whether to propose amendments to its 
existing standards for fall protection in construction. OSHA is also 
considering raising a number of issues about the fall protection rules 
as they now apply to roofing work, residential construction operations, 
climbing reinforcement steel and vendors delivering materials (for 
example, roofing materials). These issues have arisen since OSHA 
revised the fall protection standard in August 1994.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           01/00/99

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Agency Contact: Russel B. Swanson, Director, Directorate of 
Construction, Department of Labor, Occupational Safety and Health 
Administration, 200 Constitution Avenue NW., Room S1506, FP Building, 
Washington, DC 20210
Phone: 202 219-8644
Fax: 202 219-6599

RIN: 1218-AB62
_______________________________________________________________________

2215. 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: OSHA is considering two regulatory actions concerning the 
Process Safety Management of Highly

[[Page 62006]]

Hazardous Chemicals (PSM) standard. One action is to publish an Advance 
Notice of Proposed Rulemaking to address the issue of covering 
additional reactive chemicals that are not currently covered by PSM. 
Another action is a proposal to add chemicals that were not included in 
the OSHA standard but were included in the Environmental Protection 
Agency's (EPA) Risk Management Program (RMP) rule (one part of the RMP 
rule addresses compliance with the OSHA Process Safety Management 
rule). OSHA has been asked by representatives of the regulated 
community to bring its chemical list into closer alignment with the RMP 
rule.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM Reactives                 04/00/99
NPRM Process Safety Management  00/00/00

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: Undetermined

Agency Contact: John Martinok, 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-AB63
_______________________________________________________________________

2216. SAFETY STANDARDS FOR SCAFFOLDS USED IN THE CONSTRUCTION INDUSTRY--
PART II

Priority:  Info./Admin./Other

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

Legal Deadline: None

Abstract: Since the promulgation of a final rule for scaffolds used in 
construction in August 1996, OSHA has learned of several issues that 
have arisen under the new standard. The agency is considering whether 
to propose changes to the scaffolds standard to address these issues. 
These issues include: (1) providing 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 requirements 
for grounding of the scaffold during welding operations; (4) requiring 
the use of scaffold grade planks. This Advance Notice of Proposed 
rulemaking will raise these issues for informational purposes.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           01/00/99

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Agency Contact: Russel B. Swanson, Director, Directorate of 
Construction, Department of Labor, Occupational Safety and Health 
Administration, 200 Constitution Avenue NW., Room S1506, FP Building, 
Washington, DC 20210
Phone: 202 219-8644
Fax: 202 219-6599
Email: [email protected]

RIN: 1218-AB68
_______________________________________________________________________

2217. OCCUPATIONAL EXPOSURE TO CRYSTALLINE SILICA

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

RIN: 1218-AB70
_______________________________________________________________________

2218. 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
Complete Review                 09/00/99

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

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, FP Building, 
Washington, DC 20210
Phone: 202 219-4690
Fax: 202 219-4383

RIN: 1218-AB73
_______________________________________________________________________

2219. COTTON DUST (SECTION 610 REVIEW)

Priority:  Other Significant

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 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
Complete Review                 09/00/99

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Agency Contact: Marthe B. Kent, Acting Deputy Director, Directorate of 
Policy, Department of Labor, Occupational Safety and Health 
Administration, 200 Constitution

[[Page 62007]]

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)
_______________________________________________________________________

2220. STEEL ERECTION (PART 1926) (SAFETY PROTECTION FOR IRONWORKERS)

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

RIN: 1218-AA65
_______________________________________________________________________

2221. 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 resulted in inconsistent and contradictory 
requirements for essentially the same operations.
Phase 1 of this project aimed at establishing a vertical standard for 
shipyard employment and addressed six subparts (Confined Spaces, 
Welding, Access/Egress, Personal Protective Equipment, Fall Protection 
and Scaffolding). Proposals on these subparts were issued in November 
1988 (53 FR 48092). The remaining subparts were categorized as Phase II 
of the consolidation project (including general working conditions and 
fire protection). 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
Reopen Record                   03/00/99

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: Undetermined

Agency Contact: John Martinok, 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

RIN: 1218-AA70
_______________________________________________________________________

2222. PREVENTION OF WORK-RELATED MUSCULOSKELETAL DISORDERS

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

RIN: 1218-AB36
_______________________________________________________________________

2223. SAFETY AND HEALTH PROGRAMS (FOR GENERAL INDUSTRY AND THE MARITIME 
INDUSTRIES)

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

RIN: 1218-AB41
_______________________________________________________________________

2224. 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:  29 CFR 1910

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 industry 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

[[Page 62008]]

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

Regulatory Flexibility Analysis Required: 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
_______________________________________________________________________

2225. OCCUPATIONAL EXPOSURE TO TUBERCULOSIS

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

RIN: 1218-AB46
_______________________________________________________________________

2226. CONFINED SPACES IN CONSTRUCTION (PART 1926): 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 to 
protect employees who enter 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 the hazards of confined 
space entry each year. OSHA intends to issue a proposed rule addressing 
this construction industry hazard in the summer of 1999, after 
extensive discussion with the Advisory Committee on Construction Safety 
and Health and other stakeholders.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            07/00/99

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: Undetermined

Agency Contact: Russel B. Swanson, Director, Directorate of 
Construction, Department of Labor, Occupational Safety and Health 
Administration, 200 Constitution Avenue NW., Room S1506, FP Building, 
Washington, DC 20210
Phone: 202 219-8644
Fax: 202 219-6599

RIN: 1218-AB47
_______________________________________________________________________

2227. 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, supbart P

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. Phase 1 of this project aimed at 
establishing a 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 working conditions and 
fire protection in shipyard employment). 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 particular 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 proposed standard is being developed using the negotiated 
rulemaking process.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            05/00/99
NPRM Comment Period End         08/00/99

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: Undetermined

Agency Contact: John Martinok, 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

RIN: 1218-AB51

[[Page 62009]]

_______________________________________________________________________

2228. PERMISSIBLE EXPOSURE LIMITS (PELS) FOR AIR CONTAMINANTS

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

RIN: 1218-AB54
_______________________________________________________________________

2229. PLAIN LANGUAGE REVISION OF EXISTING STANDARDS (PHASE I)

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

RIN: 1218-AB55
_______________________________________________________________________

2230. NATIONALLY RECOGNIZED TESTING LABORATORIES 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 Program, OSHA has, to date, recognized 15 
laboratories operating 37 sites in the U.S., Canada, and the Far East 
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

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Agency Contact: Steven Witt, Director, Directorate of Technical 
Support, Department of Labor, Occupational Safety and Health 
Administration, 200 Constitution Avenue NW., Room N3653, FP Building, 
Washington, DC 20210
Phone: 202 219-7056

RIN: 1218-AB57
_______________________________________________________________________

2231. 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 and to the President's Executive Memo of June 1998. 
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 
revise this standard into plain language.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            03/00/99

Regulatory Flexibility Analysis Required: No

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 Martinok, 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

RIN: 1218-AB61
_______________________________________________________________________

2232. REVOCATION OF CERTIFICATION RECORDS FOR TESTS, INSPECTIONS, AND 
TRAINING

Priority:  Other Significant

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

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

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

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 preliminarily finds that there will be no 
reduction in employee safety and health as a result of reducing 
requirements to fill out and maintain these certification records.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            09/00/99

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

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, FP Building, 
Washington, DC 20210
Phone: 202 219-4690
Fax: 202 219-7477
Email: [email protected]

RIN: 1218-AB65
_______________________________________________________________________

2233. PLAIN LANGUAGE REVISION OF THE MECHANICAL POWER-TRANSMISSION 
APPARATUS STANDARD

Priority:  Substantive, Nonsignificant

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

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

CFR Citation:  29 CFR 1910.219

Legal Deadline: None

Abstract: OSHA has identified one standard in part 1910 that needs to 
be

[[Page 62010]]

revised as part of the President's initiative on Federal regulations 
discussed in the U.S. Department of Labor Report of June 15, 1995 and 
to respond to the President's June 1998 Executive Memo on Plain 
Language. This standard is 29 CFR 1910.219, Mechanical Power-
Transmission Apparatus. OSHA intends to issue a plain language rule 
that will address the following: Mechanical power-transmission 
apparatus guarding and maintenance.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM - Mechanical Power-
Transmission Apparatus          09/00/99

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Agency Contact: John Martinok, 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
_______________________________________________________________________

2234. REQUIREMENT TO PAY FOR PERSONAL PROTECTIVE EQUIPMENT

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

RIN: 1218-AB77
_______________________________________________________________________

2235. CONSOLIDATION OF RECORDS MAINTENANCE REQUIREMENTS IN OSHA 
STANDARDS

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 eliminate existing text in the CFR.

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

Regulatory Flexibility Analysis Required: 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, FP Building, 
Washington, DC 20210
Phone: 202 219-4690
Fax: 202 219-4383
Email: [email protected]

RIN: 1218-AB78
_______________________________________________________________________

2236. CONSULTATION AGREEMENTS

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

Unfunded Mandates: Undetermined

Legal Authority:  29 USC 670

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

Regulatory Flexibility Analysis Required: 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
_______________________________________________________________________
DEPARTMENT OF LABOR (DOL)                        Final Rule Stage
Occupational Safety and Health Administration (OSHA)
_______________________________________________________________________

2237. 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); 33 USC 941; 40 USC 333

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

[[Page 62011]]

protection factors (APFs). APFs are numbers that estimate the degree of 
performance of the various classes of respirators. OSHA has developed a 
statistical model for analyzing available data that will 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 methods for 
deriving APFs. This will assure that OSHA receives and fully considers 
public input before issuing final APFs. OSHA expects to complete the 
rulemaking on APFs in 1999.

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 Rule                      01/08/98                     63 FR 1152
Final Rule Effective            01/08/98
Final Assigned Protection 
Factors                         07/00/99

Regulatory Flexibility Analysis Required: No

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 Avenue NW., Room N3718, FP Building, Washington, DC 20210
Phone: 202 219-7075
Fax: 202 219-7125

RIN: 1218-AA05
_______________________________________________________________________

2238. RECORDING AND REPORTING OCCUPATIONAL INJURIES AND ILLNESSES 
(SIMPLIFIED INJURY/ILLNESS RECORDKEEPING REQUIREMENTS)

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

RIN: 1218-AB24
_______________________________________________________________________

2239. POWERED INDUSTRIAL TRUCK OPERATOR TRAINING (INDUSTRIAL TRUCK 
SAFETY TRAINING)

Priority:  Economically Significant. Major under 5 USC 801.

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

CFR Citation:  29 CFR 1910.178; 29 CFR 1915.120; 29 CFR 1917.1; 29 CFR 
1918.1; 29 CFR 1910.16

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 interest that OSHA issue a new standard to more 
effectively address this hazard. OSHA has revised the present standard 
to increase its effectiveness by requiring, in performance language, 
initial and refresher training and evaluation 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 state what information the training should include. 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                    11/00/98

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Agency Contact: John Martinok, 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

RIN: 1218-AB33
_______________________________________________________________________

2240. 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. A final rule is expected in 
calendar year 1998.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            11/28/94                    59 FR 60735
NPRM Comment Period End         02/27/95
Final Action                    12/00/98

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: Undetermined

Agency Contact: John Martinok, 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

RIN: 1218-AB52

[[Page 62012]]

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

2241. LONGSHORING AND MARINE TERMINALS (PARTS 1917 AND 1918)--REOPENING 
OF THE RECORD (VERTICAL TANDEM LIFTS (VTLS))

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; 29 CFR 1918.85

Legal Deadline: None

Abstract: OSHA issued a final rule on Longshoring on July 25, 1997 (62 
FR 40142). However, OSHA is considering the issue of vertical tandem 
lifts. Vertical tandem lifts (VTLs) 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 
gathering additional information on this issue.

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


Next Action Undetermined

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Agency Contact: John Martinok, 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

RIN: 1218-AA56
_______________________________________________________________________

2242. SCAFFOLDS IN SHIPYARDS (PART 1915--SUBPART N) (PHASE I)

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.
Phase 1 of this project aimed at establishing a 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 
subparts were issued in November 1988 (53 FR 48092). The remaining 
subparts were categorized as Phase II of the consolidation project 
(including general working conditions and fire protection). 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, 
and address new technologies.

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                    12/00/99

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: Undetermined

Agency Contact: John Martinok, 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

RIN: 1218-AA68
_______________________________________________________________________

2243. 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 1999.

[[Page 62013]]

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                    12/00/99

Regulatory Flexibility Analysis Required: 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-AA84
_______________________________________________________________________

2244. 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

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), Congress amended section 126(d)(3) of SARA 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 received public comments following the issuance of the 
proposal. OSHA also reopened the record in June 1992 to allow 
additional public comment on an effectiveness of training study that 
the Agency had conducted. 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

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: Undetermined

Agency Contact: John Martinok, 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

RIN: 1218-AB27
_______________________________________________________________________

2245. 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:  29 CFR 1910

Legal Deadline: None

Abstract: OSHA was petitioned in May 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.
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 severe headaches from indoor air pollutants. 
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's 
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 air-quality related illnesses per 
year.

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
Record Closed                   02/09/96
Final Action                    00/00/00

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: Undetermined

Agency Contact: Adam Finkel, Director, Health Standards Programs, 
Department of Labor, Occupational Safety and Health Administration, 200

[[Page 62014]]

Constitution Avenue NW., Room N3718, FP Building, Washington, DC 20210
Phone: 202 219-7075
Fax: 202 219-7125
Email: [email protected]

RIN: 1218-AB37
_______________________________________________________________________

2246. GENERAL WORKING CONDITIONS FOR SHIPYARD EMPLOYMENT

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, subpart F

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. Phase 1 of 
this project aimed at establishing a 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 
Subparts were issued in November 1988 (53 FR 48092). The remaining 
subparts were categorized as Phase II of the consolidation project 
(including general working conditions and fire protection). 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 particular 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

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: None

Agency Contact: John Martinok, 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

RIN: 1218-AB50
_______________________________________________________________________

2247. 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: Firefighting exposes members of fire brigades to a 
significant risk of harm. To mitigate these risks, OSHA promulgated a 
standard for fire brigades in 1980. However, the standard is now more 
than 18 years old, and does not reflect current advances in technology 
and safety. This action would revise the existing fire brigade standard 
to reflect the latest technology in safety, particularly with respect 
to personal protective equipment and emergency procedures. It would 
also address gaps in coverage, since the existing fire brigade standard 
does not cover wildland fire fighting or crash-rescue type fire 
fighting. OSHA will be working closely with State Plan States to assess 
the potential impact of the proposed rule on municipal fire 
departments.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            00/00/00

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: Undetermined

Agency Contact: John Martinok, 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
_______________________________________________________________________

2248. ELECTRIC POWER TRANSMISSION AND DISTRIBUTION; ELECTRICAL 
PROTECTIVE EQUIPMENT IN THE CONSTRUCTION INDUSTRY

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); 40 USC 333

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 construction industry 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, OSHA 
intends to amend the corresponding standard for general industry so 
that requirements for work performed during maintenance of electric 
power transmission and distribution installations are the same as those 
for similar work in construction.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            12/00/99

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: Undetermined

Agency Contact: John Martinok, Acting Director, Directorate of Safety

[[Page 62015]]

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
_______________________________________________________________________

2249. 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; 40 USC 333

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 develop recommendations for OSHA on 
safety and health programs and training in construction for many years. 
After its April 1996 meeting, ACCSH began to develop language and 
concepts to submit to OSHA for consideration as a proposed rule. Over 
130 stakeholders representing small, medium and large contractors and 
host employers and stakeholders (such as petroleum producers; 
contractor associations; labor unions; other governmental agencies; and 
non-profit institutions) have participated in these ACCSH discussions.
Although OSHA is still developing the details of a new proposed safety 
and health program standard, the proposal 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

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: Undetermined

Additional Information: A separate standard is being developed for 
general industry (29 CFR 1910) and the maritime (29 CFR 1915, 1917 and 
1918) industries.

Agency Contact: Russel B. Swanson, Director, Directorate of 
Construction, Department of Labor, Occupational Safety and Health 
Administration, 200 Constitution Avenue NW., Room S1506, FP Building, 
Washington, DC 20210
Phone: 202 219-8644
Fax: 202 219-6599

RIN: 1218-AB69
_______________________________________________________________________

2250. 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); 40 USC 333

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.
Construction sites often do not have effective lockout/tagout 
procedures to control hazardous energy because of 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

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: Undetermined

Agency Contact: Russel B. Swanson, Director, Directorate of 
Construction, Department of Labor, Occupational Safety and Health 
Administration, 200 Constitution Avenue NW., Room S1506, FP Building, 
Washington, DC 20210
Phone: 202 219-8644
Fax: 202 219-6599

RIN: 1218-AB71
_______________________________________________________________________

2251. 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:  29 CFR 1910

Legal Deadline: None

Abstract: Beryllium is a lightweight metal that is used for nuclear 
weapons, for atomic energy, and 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

[[Page 62016]]

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; and 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 carcinogen in humans. (Category I)
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 
now 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 percent 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 percent and 15 percent 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.
The DOE 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

Regulatory Flexibility Analysis Required: 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-AB76
_______________________________________________________________________

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

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 655 (b)

CFR Citation:  29 CFR 1910, subpart D

Legal Deadline: None

Abstract: OSHA has had under consideration standards for walking 
working surfaces and personal fall protection systems. OSHA is 
analyzing the record to determine if it is appropriate to repropose the 
standard or issue a final rule based on the existing record.

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


Next Action Undetermined

Regulatory Flexibility Analysis Required: No
Small Entities Affected: No

Government Levels Affected: None

Agency Contact: John Martinok, 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

RIN: 1218-AB80
_______________________________________________________________________
DEPARTMENT OF LABOR (DOL)                       Completed Actions
Occupational Safety and Health Administration (OSHA)
_______________________________________________________________________

2253. STANDARDS IMPROVEMENT PROJECT

Priority:  Other Significant

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

Legal Authority:  29 USC 653; 29 USC 655; 29 USC 657; 40 USC 333

CFR Citation:  29 CFR 1910; 29 CFR 1926

Legal Deadline: None

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

[[Page 62017]]

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. OSHA issued a final rule addressing these 
changes in June of 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 Action                    06/18/98                    63 FR 33450
Final Action Effective          08/17/98

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Agency Contact: John Martinok, 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

RIN: 1218-AB53
[FR Doc. 98-25578 Filed 11-06-98; 8:45 am]
BILLING CODE 4510-23-F