[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 21485]]



_______________________________________________________________________


Part XII



Department of Labor



_______________________________________________________________________

Semiannual Regulatory Agenda

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DEPARTMENT OF LABOR (DOL)                                              



_______________________________________________________________________

DEPARTMENT OF LABOR

Office of the Secretary

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

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

30 CFR Ch. I

41 CFR Ch. 60

48 CFR Ch. 29

Semiannual Agenda of Regulations

AGENCY: Office of the Secretary, Labor.

ACTION: Semiannual regulatory agenda.

_______________________________________________________________________

SUMMARY: This document sets forth the Department's semiannual agenda of 
regulations that have been selected for review or development during 
the coming year. The agenda complies with the requirements of both 
Executive Order 12866 and the Regulatory Flexibility Act. The agenda 
lists all regulations that are expected to be under review or 
development between April 1999 and April 2000, as well as those 
completed during the past 6 months.

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

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

SUPPLEMENTARY INFORMATION: Executive Order 12866 and the Regulatory 
Flexibility Act require the semiannual publication in the Federal 
Register of an agenda of regulations. As permitted by law, the 
Department of Labor is combining the publication of its agendas under 
the Regulatory Flexibility Act and Executive Order 12866.

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

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

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

Alexis M. Herman,

Secretary of Labor.

                                  Office of the Secretary--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
1903         Production or Disclosure of Information or Materials.................................    1290-AA17
1904         Equal Access to Justice Act..........................................................    1290-AA18
----------------------------------------------------------------------------------------------------------------


                                    Office of the Secretary--Final Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
1905         Supplemental Standards of Ethical Conduct for Employees of the Department of Labor...    1290-AA15
1906         Process for Electing State Employment Statistics Agency Representatives for              1290-AA19
            Consultations With Department of Labor................................................
----------------------------------------------------------------------------------------------------------------


                            Employment Standards Administration--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
1907         Government Contractors: Nondiscrimination and Affirmative Action Obligations,            1215-AA01
            Executive Order 11246 (ESA/OFCCP) (Section 610 Review)................................
1908         Child Labor Regulations, Orders, and Statements of Interpretation (ESA/W-H)..........    1215-AA09
1909         Application of the Fair Labor Standards Act to Domestic Service......................    1215-AA82
1910         Procedures for Predetermination of Wage Rates (29 CFR Part 1) and Labor Standards        1215-AA94
            Provisions Applicable to Contracts Covering Federally Financed and Assisted
            Construction (29 CFR Part 5)..........................................................
1911         Regulations to Implement the Federal Acquisition Streamlining Act of 1994, 29 CFR        1215-AA96
            Parts 4 and 5, 41 CFR Parts 50-201 and 50-206.........................................
1912         Records To Be Kept by Employers Under the Fair Labor Standards Act...................    1215-AB03

[[Page 21487]]


1913         Assessment and Collection of User Fees...............................................    1215-AB06
1914         Exemptions Applicable to Agriculture, Processing of Agricultural Commodities, and        1215-AB11
            Related Subjects Under the Fair Labor Standards Act...................................
1915         Implementation of the 1996 Amendments to the Fair Labor Standards Act................    1215-AB13
1916         Labor Standards Provisions Applicable to Contracts Covering Federally Financed and       1215-AB21
            Assisted Construction (29 CFR Part 5) Definition of ``Site of the Work'' Under the
            Davis-Bacon Act.......................................................................
1917         Affirmative Action and Nondiscrimination Obligations of Contractors and                  1215-AB23
            Subcontractors Regarding Individuals With Disabilities................................
1918         Affirmative Action and Nondiscrimination Obligations of Contractors and                  1215-AB24
            Subcontractors for Special Disabled Veterans and Veterans of the Vietnam Era..........
1919         Amendment to Section 5333(b) Guidelines To Carry Out New Programs Authorized by the      1215-AB25
            Transportation Equity Act for the 21st Century........................................
----------------------------------------------------------------------------------------------------------------


                              Employment Standards Administration--Final Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
1920         Standards for Waivers Under Section 503 of the Rehabilitation Act....................    1215-AA84
1921         Labor Condition Applications and Requirements for Employers Using Nonimmigrants on H-    1215-AB09
            1B Visas in Specialty Occupations and as Fashion Models...............................
1922         Minimum Wage and Overtime Violations--Civil Money Penalties (29 CFR 578); Child Labor    1215-AB20
            Violations--Civil Money Penalties (29 CFR 579); Adjustment of Civil Money Penalties
            for Inflation.........................................................................
----------------------------------------------------------------------------------------------------------------


                             Employment Standards Administration--Long-Term Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
1923         Defining and Delimiting the Term ``Any Employee Employed in a Bona Fide Executive,       1215-AA14
            Administrative, or Professional Capacity'' (ESA/W-H)..................................
1924         Enforcement of Contractual Obligations for Temporary Alien Agricultural Workers          1215-AA43
            Admitted Under Section 216 of the Immigration and Nationality Act.....................
1925         Benefits Under the Federal Coal Mine Safety and Health Act of 1977, as Amended           1215-AA99
            Affecting the Black Lung Benefits Act.................................................
1926         Reporting by Labor Relations Consultants and Other Persons...........................    1215-AB14
----------------------------------------------------------------------------------------------------------------


                             Employment Standards Administration--Completed Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
1927         Affirmative Action and Nondiscrimination Obligations of Contractors and                  1215-AA62
            Subcontractors for Special Disabled Veterans and Veterans of the Vietnam Era..........
1928         Federal Employees' Compensation Act; Claims for Compensation for Work-Related Injury/    1215-AB07
            Death.................................................................................
1929         Affirmative Action and Nondiscrimination Obligations of Contractors and                  1215-AB19
            Subcontractors Regarding Individuals With Disabilities................................
----------------------------------------------------------------------------------------------------------------


                           Employment and Training Administration--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
1930         Disaster Unemployment Assistance Program, Amendment to Regulations...................    1205-AB02
1931         Federal-State Unemployment Compensation Program; Unemployment Insurance Performance      1205-AB10
            System................................................................................

[[Page 21488]]


1932         Airline Deregulation: Employee Benefit Program.......................................    1205-AB17
----------------------------------------------------------------------------------------------------------------


                            Employment and Training Administration--Final Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
1933         Trade Adjustment Assistance for Workers--Implementation of 1988 Amendments...........    1205-AB05
1934         Trade Adjustment Assistance for Workers--Transitional Adjustment Assistance NAFTA-TAA    1205-AB07
1935         Welfare-to-Work (WTW) Grants.........................................................    1205-AB15
1936         Federal-State Unemployment Compensation Program; Confidentiality and Disclosure of       1205-AB18
            State Records.........................................................................
1937         Labor Certification Process for the Temporary Employment of Aliens in Agriculture in     1205-AB19
            the U.S.; Administrative Measures to Improve Program Performance......................
1938         Workforce Investment Act of 1998.....................................................    1205-AB20
----------------------------------------------------------------------------------------------------------------


                            Employment and Training Administration--Long-Term Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
1939         Services to Migrant and Seasonal Farmworkers, Job Service Complaint System,              1205-AA37
            Monitoring, and Enforcement...........................................................
1940         Labor Certification Process for the Permanent Employment of Aliens in the United         1205-AA66
            States................................................................................
1941         Establishment of Fees for Immigration Programs Administered by the Employment and        1205-AB14
            Training Administration...............................................................
1942         Indian and Native American Welfare-to-Work Program...................................    1205-AB16
----------------------------------------------------------------------------------------------------------------


                        Pension and Welfare Benefits Administration--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
1943         Definition of Collective Bargaining Agreement (ERISA Section 3(40))..................    1210-AA48
1944         Rulemaking Relating to Notice Requirements for Continuation of Health Care Coverage..    1210-AA60
1945         Elimination of Filing Requirements for Summary Plan Descriptions.....................    1210-AA66
1946         Requirement to Furnish Plan Documents Upon Request by the Secretary of Labor.........    1210-AA67
1947         Civil Penalty for Failure to Furnish Certain Plan Documents..........................    1210-AA68
1948         Amendment of Small Plan Exemption from Audit Requirement.............................    1210-AA73
1949         Request for Information Relating to the Women's Health and Cancer Rights Act of 1998.    1210-AA75
1950         Voluntary Fiduciary Correction Program...............................................    1210-AA76
----------------------------------------------------------------------------------------------------------------


                          Pension and Welfare Benefits Administration--Final Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
1951         Revision of the Form 5500 Series and Implementing and Related Regulations Under the      1210-AA52
            Employee Retirement Income Security Act of 1974 (ERISA)...............................
1952         Regulations Implementing the Health Care Access, Portability and Renewability            1210-AA54
            Provisions of the Health Insurance Portability and Accountability Act of 1996.........
1953         Amendment of Summary Plan Description and Related ERISA Regulations to Implement         1210-AA55
            Statutory Changes in the Health Insurance Portability and Accountability Act of 1996..
1954         Limitation of Liability for Insurers and Others Under Part 4 of Title I of ERISA and     1210-AA58
            Section 4975 of the Internal Revenue Code.............................................
1955         Amendments to Employee Benefit Plan Claims Procedures Regulation.....................    1210-AA61
1956         Mental Health Benefits Parity........................................................    1210-AA62
1957         Health Care Standards for Mothers and Newborns.......................................    1210-AA63

[[Page 21489]]


1958         Reporting Requirements for MEWAs Providing Medical Care Benefits.....................    1210-AA64
1959         Amendments to Summary Plan Description Regulations...................................    1210-AA69
1960         Payroll Deduction Programs for Contributions to Individual Retirement Accounts           1210-AA70
            (Interpretive Bulletin)...............................................................
1961         Electronic Disclosure of Employee Benefit Plan Information...........................    1210-AA71
1962         National Medical Support Notice......................................................    1210-AA72
1963         Soft Dollar (Interpretive Bulletin)..................................................    1210-AA74
1964         Prohibiting Discrimination Against Participants and Beneficiaries Based on Health        1210-AA77
            Status................................................................................
----------------------------------------------------------------------------------------------------------------


                         Pension and Welfare Benefits Administration--Long-Term Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
1965         Adequate Consideration...............................................................    1210-AA15
1966         Civil Penalties Under ERISA Section 502(1)...........................................    1210-AA37
1967         Individual Benefits Reporting Requirements for Defined Contribution Plans............    1210-AA65
----------------------------------------------------------------------------------------------------------------


                         Pension and Welfare Benefits Administration--Completed Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
1968         Reporting and Disclosure Under the Employee Retirement Income Security Act of 1974...    1210-AA44
1969         Enforcement Policy On AICPA SOP 92-6.................................................    1210-AA57
----------------------------------------------------------------------------------------------------------------


                              Mine Safety and Health Administration--Prerule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
1970         Occupational Exposure to Coal Mine Dust (Lowering Exposure Limit)....................    1219-AB08
1971         Underground Coal Mining; Self-Contained Self-Rescuer Service Life Approval and           1219-AB19
            Training..............................................................................
----------------------------------------------------------------------------------------------------------------


                           Mine Safety and Health Administration--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
1972         Air Quality, Chemical Substances, and Respiratory Protection Standards...............    1219-AA48
1973         Metal/Nonmetal Impoundments..........................................................    1219-AA83
1974         Surface Haulage......................................................................    1219-AA93
1975         Training and Retraining of Miners....................................................    1219-AB02
1976         Verification of Dust Control Plan and Continuous Monitoring..........................    1219-AB14
1977         Training and Retraining of Miners Engaged in Shell Dredging or Employed at Sand,         1219-AB17
            Gravel Surface Stone, Surface Clay, Colloidal Phosphate, or Surface Limestone Mines...
1978         Determination of Concentration of Respirable Coal Mine Dust..........................    1219-AB18
----------------------------------------------------------------------------------------------------------------


                             Mine Safety and Health Administration--Final Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
1979         Hazard Communication.................................................................    1219-AA47
1980         Noise Standard.......................................................................    1219-AA53

[[Page 21490]]


1981         Longwall Equipment (Including High-Voltage)..........................................    1219-AA75
1982         Independent Laboratory Testing.......................................................    1219-AA87
1983         Requirements for Approval of Flame-Resistant Conveyor Belts..........................    1219-AA92
1984         Improving and Eliminating Regulations................................................    1219-AA98
1985         Safety Standards for Underground Coal Mine Ventilation--Preshift Examination             1219-AB10
            Intervals.............................................................................
----------------------------------------------------------------------------------------------------------------


                            Mine Safety and Health Administration--Long-Term Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
1986         Confined Spaces......................................................................    1219-AA54
1987         Diesel Particulate Matter (Exposure of Underground Coal Miners)......................    1219-AA74
1988         Belt Entry Use as Intake Aircourse To Ventilate Working Sections.....................    1219-AA76
1989         Safety Standards for Methane in Metal and Nonmetal Mines.............................    1219-AA90
1990         Safety Standards for the Use of Roof-Bolting Machines................................    1219-AA94
1991         Safety Standard Revisions for Underground Anthracite Mines...........................    1219-AA96
1992         Electrical Standards for Metal and Nonmetal Mines....................................    1219-AB01
1993         Diesel Particulate Matter (Exposure of Underground Metal and Nonmetal Miners)........    1219-AB11
1994         Respirable Crystalline Silica Standard...............................................    1219-AB12
----------------------------------------------------------------------------------------------------------------


                            Mine Safety and Health Administration--Completed Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
1995         Carbon Monoxide Monitor Approval.....................................................    1219-AA72
1996         Self-Contained Self-Rescue Devices in Underground Metal and Nonmetal Mines...........    1219-AB06
1997         X-Ray Surveillance Program for Surface Coal Miners...................................    1219-AB09
1998         Training and Retraining of Miners: Supervisor Training...............................    1219-AB16
----------------------------------------------------------------------------------------------------------------


            Office of the Assistant Secretary for Administration and Management--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
1999         Nondiscrimination on the Basis of Disability in Programs and Activities Receiving or     1291-AA28
            Benefiting From Federal Financial Assistance..........................................
----------------------------------------------------------------------------------------------------------------


              Office of the Assistant Secretary for Administration and Management--Final Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
2000         Audits of States, Local Governments, and Nonprofit Organizations.....................    1291-AA26
2001         Audit Requirements for Grants, Contracts, and Other Agreements.......................    1291-AA27
2002         Implementation of the Nondiscrimination and Equal Opportunity Requirements of the        1291-AA29
            Workforce Investment Act of 1998......................................................
----------------------------------------------------------------------------------------------------------------


[[Page 21491]]


             Office of the Assistant Secretary for Administration and Management--Long-Term Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
2003         Department of Labor Acquisition Regulation...........................................    1291-AA20
2004         Nondiscrimination on the Basis of Age in Programs and Activities Receiving Federal       1291-AA21
            Financial Assistance From the Department of Labor.....................................
----------------------------------------------------------------------------------------------------------------


                          Occupational Safety and Health Administration--Prerule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
2005         Standards Advisory Committee on Metalworking Fluids..................................    1218-AB58
2006         Control of Hazardous Energy Sources (Lockout/Tagout)(Section 610 Review).............    1218-AB59
2007         Occupational Exposure to Ethylene Oxide (Section 610 Review).........................    1218-AB60
2008         Fall Protection in the Construction Industry.........................................    1218-AB62
2009         Process Safety Management of Highly Hazardous Chemicals..............................    1218-AB63
2010         Safety Standards for Scaffolds Used in the Construction Industry--Part II............    1218-AB68
2011         Grain Handling Facilities (Section 610 Review).......................................    1218-AB73
2012         Cotton Dust (Section 610 Review).....................................................    1218-AB74
----------------------------------------------------------------------------------------------------------------


                       Occupational Safety and Health Administration--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
2013         Access and Egress in Shipyards (Part 1915, Subpart E) (Phase I) (Shipyards: Emergency    1218-AA70
            Exits and Aisles).....................................................................
2014         Prevention of Work-Related Musculoskeletal Disorders.................................    1218-AB36
2015         Safety and Health Programs (for General Industry and the Maritime Industries)........    1218-AB41
2016         Occupational Exposure to Hexavalent Chromium (Preventing Occupational Illness:           1218-AB45
            Chromium).............................................................................
2017         Confined Spaces in Construction (Part 1926): Preventing Suffocation/Explosions in        1218-AB47
            Confined Spaces.......................................................................
2018         General Working Conditions for Shipyard Employment...................................    1218-AB50
2019         Fire Protection in Shipyard Employment (Part 1915, Subpart P) (Phase II) (Shipyards:     1218-AB51
            Fire Safety)..........................................................................
2020         Permissible Exposure Limits (PELs) for Air Contaminants..............................    1218-AB54
2021         Nationally Recognized Testing Laboratories Programs: Fees............................    1218-AB57
2022         Flammable and Combustible Liquids....................................................    1218-AB61
2023         Revocation of Certification Records for Tests, Inspections, and Training.............    1218-AB65
2024         Plain Language Revision of the Mechanical Power-Transmission Apparatus Standard......    1218-AB66
2025         Electric Power Transmission and Distribution; Electrical Protective Equipment in the     1218-AB67
            Construction Industry.................................................................
2026         Safety and Health Programs for Construction..........................................    1218-AB69
2027         Requirement To Pay for Personal Protective Equipment.................................    1218-AB77
2028         Consultation Agreements..............................................................    1218-AB79
----------------------------------------------------------------------------------------------------------------


                         Occupational Safety and Health Administration--Final Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
2029         Respiratory Protection (Proper Use of Modern Respirators)............................    1218-AA05
2030         Steel Erection (Part 1926) (Safety Protection for Ironworkers).......................    1218-AA65
2031         Scaffolds in Shipyards (Part 1915--Subpart N) (Phase I)..............................    1218-AA68
2032         Recording and Reporting Occupational Injuries and Illnesses (Simplified Injury/          1218-AB24
            Illness Recordkeeping Requirements)...................................................
2033         Plain Language Revision of Existing Standards (Phase I)..............................    1218-AB55
----------------------------------------------------------------------------------------------------------------


[[Page 21492]]


                        Occupational Safety and Health Administration--Long-Term Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
2034         Longshoring and Marine Terminals (Parts 1917 And 1918)-- Reopening of the Record         1218-AA56
            (Vertical Tandem Lifts (VTLs))........................................................
2035         Glycol Ethers: 2-Methoxyethanol, 2-Ethoxyethanol, and Their Acetates: Protecting         1218-AA84
            Reproductive Health...................................................................
2036         Accreditation of Training Programs for Hazardous Waste Operations (Part 1910)........    1218-AB27
2037         Indoor Air Quality in the Workplace..................................................    1218-AB37
2038         Occupational Exposure to Tuberculosis................................................    1218-AB46
2039         Fire Brigades........................................................................    1218-AB64
2040         Occupational Exposure to Crystalline Silica..........................................    1218-AB70
2041         Control of Hazardous Energy (Lockout) in Construction (Part 1926) (Preventing            1218-AB71
            Construction Injuries/Fatalities; Lockout)............................................
2042         Occupational Exposure to Beryllium...................................................    1218-AB76
2043         Consolidation of Records Maintenance Requirements in OSHA Standards..................    1218-AB78
2044         Walking Working Surfaces and Personal Fall Protection Systems (1910) (Slips, Trips       1218-AB80
            and Fall Prevention)..................................................................
----------------------------------------------------------------------------------------------------------------


                        Occupational Safety and Health Administration--Completed Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
2045         Powered Industrial Truck Operator Training (Industrial Truck Safety Training)........    1218-AB33
2046         Permit Required Confined Spaces (General Industry: Preventing Suffocation/Explosions     1218-AB52
            in Confined Spaces)...................................................................
----------------------------------------------------------------------------------------------------------------

_______________________________________________________________________


DEPARTMENT OF LABOR (DOL)                           Proposed Rule Stage


Office of the Secretary (OS)



_______________________________________________________________________




1903. 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:  29 CFR 70

Legal Deadline: None

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

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            07/00/99

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
_______________________________________________________________________




1904. 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                            06/00/99

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 21493]]

_______________________________________________________________________


DEPARTMENT OF LABOR (DOL)                              Final Rule Stage


Office of the Secretary (OS)



_______________________________________________________________________




1905. 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                    06/00/99

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
_______________________________________________________________________




1906.  PROCESS FOR ELECTING STATE EMPLOYMENT STATISTICS AGENCY 
REPRESENTATIVES FOR CONSULTATIONS WITH DEPARTMENT OF LABOR

Priority:  Substantive, Nonsignificant

Legal Authority:  20 USC 927(c); 29 USC 49e-2; 5 USC 301

CFR Citation:  29 CFR 44

Legal Deadline:  Final, Statutory, December 31, 1999.

Abstract: This interim final rule establishes a process for the 
election of State representatives to participate in formal 
consultations with the Department of Labor relating to the development 
of an annual employment statistics plan and to address other employment 
statistics issues. Section 15(d)(2) of the Wagner-Peyser Act, as 
recently amended by section 309 of the Workforce Investment Act of 
1998, requires the Secretary to establish a process for the election of 
representatives from each of the 10 Federal regions of the Department. 
This provision requires that the representatives be elected by and from 
the directors of the State employment statistics agencies designed to 
carry at employment statistics responsibilities under section 15 of the 
Wagner-Peyser Act. The interim final rule addresses the election 
cycles, the tenure of representatives, the process for the distribution 
of ballots, tie-breaking procedures, methods of transmitting ballots 
and votes, and the filling of vacancies.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              12/18/98                    63 FR 70260
Interim Final Rule Comment 
Period End                      03/18/99
Final Action                    12/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: No

Government Levels Affected: State, Federal

Agency Contact: Mark Morin, Senior Attorney Adviser, Department of 
Labor, Office of the Secretary, 200 Constitution Avenue NW., Room 
N2428, FP Building, Washington, DC 20210
Phone: 202 219-8065
Fax: 202 219-6896

RIN: 1290-AA19
_______________________________________________________________________


DEPARTMENT OF LABOR (DOL)                           Proposed Rule Stage


Employment Standards Administration (ESA)



_______________________________________________________________________




1907. GOVERNMENT CONTRACTORS: NONDISCRIMINATION AND AFFIRMATIVE ACTION 
OBLIGATIONS, EXECUTIVE ORDER 11246 (ESA/OFCCP) (SECTION 610 REVIEW)

Priority:  Other Significant

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

Legal Authority:  EO 11246, as amended

CFR Citation:  41 CFR 60-1; 41 CFR 60-2

Legal Deadline: None

Abstract: These regulations cover nondiscrimination and affirmative 
action obligations of Federal contractors under Executive Order 11246 
as amended. The part 60-1 final rule, published 8/19/97, revised parts 
of the regulations implementing E.O. 11246. OFCCP's review of 
regulatory options continues with emphasis on streamlining and 
clarifying the regulatory language and reducing paperwork requirements 
associated with compliance. OFCCP plans to propose revisions to written 
affirmative action program (AAP) requirements to reduce burdens on the 
regulated community and to improve the enforcement of the Executive 
order.

Statement of Need: Parts of the regulations implementing Executive 
Order 11246 need to be revised to reflect changes in the law that have 
occurred over time, streamlined, and clarified. Executive Order 11246 
requires all Federal contractors and subcontractors and federally 
assisted construction contractors and

[[Page 21494]]

subcontractors to apply a policy of nondiscrimination and affirmative 
action in employment with respect to race, color, religion, sex, and 
national origin. The regulatory revisions are necessary in order to 
allow the DOL to effectively and efficiently enforce the provisions of 
the Executive order. As a first step in updating its Executive order 
regulations, the Department published changes to the provisions that 
govern preaward review requirements; recordkeeping and record retention 
requirements; certification requirements; and related provisions. In 
addition, other revisions have been made that conform Executive Order 
11246 regulations to the recent changes made in the Department's 
regulations implementing section 503 of the Rehabilitation Act.
A second phase of revision will contain proposals to change provisions 
that govern requirements for written affirmative action plans and the 
provisions concerning evaluation of contractor procedures.

Summary of the Legal Basis: No aspect of this action is required by 
statute or court order.

Alternatives: After careful review, it was decided that the most 
effective way to improve compliance with the Executive Order 11246 
provisions and reduce burdens on contractors, was to propose revisions 
to these regulations. Administrative actions alone could not produce 
the desired results.

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

Risks: Failure to move forward with OFCCP's regulatory agenda would 
cause the continuation of outdated methods of evaluating contractor 
compliance and impede effective enforcement of the E.O. 11246.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM Affirmative Action Plans 
(60-2)                          09/00/99

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: Undetermined

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

Agency Contact: James I. Melvin, Director, Division of Policy, 
Planning, and Program Development, OFCCP, Department of Labor, 
Employment Standards Administration, 200 Constitution Avenue NW., Room 
N3424, FP Building, Washington, DC 20210
Phone: 202 693-0102
TDD: 202 693-1308
Fax: 202 693-1304

RIN: 1215-AA01
_______________________________________________________________________




1908. CHILD LABOR REGULATIONS, ORDERS, AND STATEMENTS OF INTERPRETATION 
(ESA/W-H)

Priority:  Other Significant

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

Legal Authority:  29 USC 203(e)

CFR Citation:  29 CFR 570

Legal Deadline: None

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

Statement of Need: Because of changes in the workplace and the 
introduction of new processes and technologies, the Department is 
undertaking a comprehensive review of the regulatory criteria 
applicable to child labor. Other factors necessitating a review of the 
child labor regulations are changes in places where young workers find 
employment opportunities, the existence of differing Federal and State 
standards, and the divergent views on how best to correlate school and 
work experiences.
Under the Fair Labor Standards Act, the Secretary of Labor is directed 
to provide by regulation or by order for the employment of youth 
between 14 and 16 years of age under periods and conditions which will 
not interfere with their schooling, health and well-being. The 
Secretary is also directed to designate occupations that may be 
particularly hazardous for youth between the ages of 16 and 18 years or 
detrimental to their health or well-being. The Secretary has done so by 
specifying, in regulations, the permissible industries and occupations 
in which 14- and 15-year-olds may be employed, and the number of hours 
per day and week and the time periods within a day in which they may be 
employed. In addition, these regulations designate the occupations 
declared particularly hazardous for minors between 16 and 18 years of 
age or detrimental to their health or well-being.

[[Page 21495]]


Public comment has been invited in considering whether changes in 
technology in the workplace and job content over the years require new 
hazardous occupation orders or necessitate revision to some of the 
existing hazardous orders. Comment has also been invited on whether 
revisions should be considered in the permissible hours and time-of-day 
standards for the employment of 14- and 15-year-olds, and whether 
revisions should be considered to facilitate school-to-work transition 
programs. When developing regulatory proposals (after receipt of public 
comment on the advance notice of proposed rulemaking), the Department's 
focus will be on assuring healthy, safe and fair workplaces for young 
workers, and at the same time promoting job opportunities for young 
people and making regulatory standards less burdensome to the regulated 
community.

Summary of the Legal Basis: These regulations are issued under sections 
3(1), 11, and 12 of the Fair Labor Standards Act, 29 USC secs. 203(1), 
211, and 212 which require the Secretary of Labor to issue regulations 
prescribing permissible time periods and conditions of employment for 
minors between 14 and 16 years old so as not to interfere with their 
schooling, health, or well-being, and to designate occupations that may 
be particularly hazardous or detrimental to the health or well-being of 
minors under 18 years old.

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

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

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

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Final Action HOS 2, 10 and 12   11/20/91                    56 FR 58626
Final Rule Effective            12/20/91                    56 FR 58626
ANPRM                           05/13/94                    59 FR 25167
ANPRM Comment Period End        08/11/94                    59 FR 40318
NPRM                            06/00/99

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Agency Contact: John R. Fraser, Deputy Administrator (WHD), Department 
of Labor, Employment Standards Administration, 200 Constitution Avenue 
NW., Room S3502, FP Building, Washington, DC 20210
Phone: 202 693-0051
Fax: 202 693-1432

RIN: 1215-AA09
_______________________________________________________________________




1909. 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                            05/00/99

Regulatory Flexibility Analysis Required: No

Government Levels Affected: State, Local, Federal

Agency Contact: John R. Fraser, Deputy Administrator (WHD), Department 
of Labor, Employment Standards Administration, 200 Constitution Avenue 
NW., Room S3502, FP Building, Washington, DC 20210
Phone: 202 693-0051
Fax: 202 693-1432

RIN: 1215-AA82
_______________________________________________________________________




1910. PROCEDURES FOR PREDETERMINATION OF WAGE RATES (29 CFR PART 1) AND 
LABOR STANDARDS PROVISIONS APPLICABLE TO CONTRACTS COVERING FEDERALLY 
FINANCED AND ASSISTED CONSTRUCTION (29 CFR PART 5)

Priority:  Other Significant

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

CFR Citation:  29 CFR 1; 29 CFR 5

Legal Deadline: None

Abstract: The Department attempted to implement revised rules governing 
the circumstances in which ``helpers'' may be used on federally funded 
and assisted construction contracts subject to the Davis-Bacon Act in 
May 1982 (see 47 FR 23644, 23658 (May 28, 1982); 47 FR 32090 (July 20, 
1982)). After protracted litigation, a final rule was published in 
January 1989 (see 54 FR 4234) which became effective on February 4, 
1991. Thereafter, on two occasions Congress acted to prevent the 
Department from expending any funds

[[Page 21496]]

to implement these revised helper regulations--through the Dire 
Emergency Supplemental Appropriations Act of 1991, PL 102-27, 105 Stat. 
130,151 (1991), and then through section 104 of the DOL Appropriations 
Act of 1994, PL 103-112. There is no such prohibition in the DOL's 
Appropriations Act for fiscal year 1999 Public Law 105-277 (October 21, 
1998). Given the uncertainty of continuation of such moratoriums, the 
Department has determined that the helper issue needs to be addressed 
through further rulemaking. A notice inviting public comment on a 
proposal to continue the suspension of the former helper regulations 
while the Department conducts additional rulemaking proceedings was 
published August 2, 1996 (61 FR 40366). A final rule continuing the 
suspension while further rulemaking is considered was published 
December 30, 1996 (61 FR 68641).

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

Summary of the Legal Basis: These regulations are issued under the 
authority conferred upon the Secretary of Labor by Reorganization Plan 
No. 14 of 1950 (64 Stat. 1267, 5 USC appendix) and the Copeland Act (40 
USC 276c) in order to provide coordinated enforcement of the prevailing 
wage provisions of the Davis-Bacon Act (40 USC 276a-276a-7) and several 
additional Federal statutes that require payment of prevailing wages as 
determined by the Secretary of Labor according to the Davis-Bacon Act 
to laborers and mechanics working on federally funded or assisted 
construction contracts (see list of statutes in 29 CFR sec. 5.1).

Alternatives: The Administration has determined that there are only 
limited alternatives to addressing this issue through rulemaking, in 
addition to possible legislative changes.

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

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

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM Continue Suspension        08/02/96                    61 FR 40367
Final Continue Suspension       12/30/96                    61 FR 68641
NPRM                            04/00/99

Regulatory Flexibility Analysis Required: No

Government Levels Affected: State, Local, Tribal, Federal

Agency Contact: John R. Fraser, Deputy Administrator (WHD), Department 
of Labor, Employment Standards Administration, 200 Constitution Avenue 
NW., Room S3502, FP Building, Washington, DC 20210
Phone: 202 693-0051
Fax: 202 693-1432

RIN: 1215-AA94
_______________________________________________________________________




1911. REGULATIONS TO IMPLEMENT THE FEDERAL ACQUISITION STREAMLINING ACT 
OF 1994, 29 CFR PARTS 4 AND 5, 41 CFR PARTS 50-201 AND 50-206

Priority:  Substantive, Nonsignificant

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

Legal Authority:  PL 103-355, 108 Stat. 3243

CFR Citation:  29 CFR 4; 29 CFR 5; 41 CFR 50 to 201; 41 CFR 50 to 206

Legal Deadline:
NPRM, Statutory, May 11, 1995.
Final, Statutory, October 1, 1995.

Abstract: The Federal Acquisition Streamlining Act of 1994, signed on 
October 13, 1994, amends several Acts administered by the Department of 
Labor: (1) It amends the Contract Work Hours and Safety Standards Act 
(CWHSSA) to limit its applicability to contracts in an amount of 
$100,000 or greater. (2) It amends the Davis-Bacon Act (DB) to provide 
waivers from the Act's prevailing wage requirements under selected laws 
for volunteers performing services to a State or local government or 
agency and for volunteers performing services to a public or private 
nonprofit recipient of Federal assistance. (3) It also amends the 
Walsh-Healey Public Contracts Act (PCA) to eliminate the requirements 
that contractors on covered contracts be either manufacturers or 
regular dealers in the items to be supplied under the contract but 
retains the Secretary of Labor's authority to define the terms 
``regular dealer'' and ``manufacturer.'' A final rule implementing the 
CWHSSA and PCA changes was published on August 5, 1996 (61 FR 40714).

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            09/07/95                    60 FR 46553
NPRM Comment Period End         10/10/95
Final Rule - Walsh-Healey/CWHSSA 
Rule                            08/05/96                    61 FR 40714
Second NPRM                     10/00/99

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 Administrator (WHD),

[[Page 21497]]

Department of Labor, Employment Standards Administration, 200 
Constitution Avenue NW., Room S3502, FP Building, Washington, DC 20210
Phone: 202 693-0051
Fax: 202 693-1432

RIN: 1215-AA96
_______________________________________________________________________




1912. RECORDS TO BE KEPT BY EMPLOYERS UNDER THE FAIR LABOR STANDARDS ACT

Priority:  Substantive, Nonsignificant

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

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

CFR Citation:  29 CFR 516 et seq

Legal Deadline: None

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

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            06/00/99

Regulatory Flexibility Analysis Required: No

Government Levels Affected: State, Local, Federal

Agency Contact: John R. Fraser, Deputy Administrator (WHD), Department 
of Labor, Employment Standards Administration, 200 Constitution Avenue 
NW., Room S3502, FP Building, Washington, DC 20210
Phone: 202 693-0051
Fax: 202 693-1432

RIN: 1215-AB03
_______________________________________________________________________




1913. ASSESSMENT AND COLLECTION OF USER FEES

Priority:  Substantive, Nonsignificant

Legal Authority:  PL 97-470; 96 Stat 2583; 29 USC 1801 to 1872; 
Secretary's Order No. 1-93 (58 FR 21190); PL 99-603, sec 210A(f); 100 
Stat 3359; 8 USC 1161(f); 52 Stat 1068, sec 11 and 14; 75 Stat 74, sec 
11; 29 USC 211; 29 USC 214; 52 Stat 1066, sec 11; 63 Stat 910, sec 9; 
29 USC 211(d); 80 Stat 843 to 844, sec 501 and 602

CFR Citation:  29 CFR 500.45; 29 CFR 500.52; 29 CFR 519.3; 29 CFR 
519.13; 29 CFR 530.4; 29 CFR 530.102

Legal Deadline: None

Abstract: In accordance with the authority provided by title V of the 
Independent Offices Appropriations Act of 1952, often referred to as 
the ``user fee statute,'' and the Departments of Labor, Health and 
Human Services, and Education and Related Agencies Appropriation Act of 
1995 (PL 103-333), the Department is proposing to establish and collect 
user fees to recover the costs of providing certain services that are 
required by law and without which, the recipients of the services would 
not legally be allowed to engage in particular employment practices. 
The services for which user fees are to be collected include processing 
applications and issuing farm labor contractor certificates of 
registration under the Migrant and Seasonal Agricultural Worker 
Protection Act; processing applications and issuing certificates 
authorizing employers to employ certain students at special minimum 
wages under section 14(b) of the Fair Labor Standards Act; and 
processing applications and issuing certificates authorizing employers 
to employ homeworkers under section 11(d) of the Fair Labor Standards 
Act.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            06/00/99

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Agency Contact: John R. Fraser, Deputy Administrator (WHD), Department 
of Labor, Employment Standards Administration, 200 Constitution Avenue 
NW., Room S3502, FP Building, Washington, DC 20210
Phone: 202 693-0051
Fax: 202 693-1432

RIN: 1215-AB06
_______________________________________________________________________




1914. EXEMPTIONS APPLICABLE TO AGRICULTURE, PROCESSING OF AGRICULTURAL 
COMMODITIES, AND RELATED SUBJECTS 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 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                            08/00/99

Regulatory Flexibility Analysis Required: No

Government Levels Affected: State, Federal

Agency Contact: John R. Fraser, Deputy Administrator (WHD), Department 
of Labor, Employment Standards Administration, 200 Constitution Avenue 
NW., Room S3502, FP Building, Washington, DC 20210
Phone: 202 693-0051
Fax: 202 693-1432

RIN: 1215-AB11


_______________________________________________________________________



[[Page 21498]]

1915. 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                            09/00/99

Regulatory Flexibility Analysis Required: No

Government Levels Affected: State, Local, Federal

Agency Contact: John R. Fraser, Deputy Administrator (WHD), Department 
of Labor, Employment Standards Administration, 200 Constitution Avenue 
NW., Room S3502, FP Building, Washington, DC 20210
Phone: 202 693-0051
Fax: 202 693-1432

RIN: 1215-AB13
_______________________________________________________________________




1916. 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                            07/00/99

Regulatory Flexibility Analysis Required: No

Government Levels Affected: State, Local, Federal

Agency Contact: John R. Fraser, Deputy Administrator (WHD), Department 
of Labor, Employment Standards Administration, 200 Constitution Avenue 
NW., Room S3502, FP Building, Washington, DC 20210
Phone: 202 693-0051
Fax: 202 693-1432

RIN: 1215-AB21
_______________________________________________________________________




1917. 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                            07/00/99

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 
N3424, FP Building, Washington, DC 20210
Phone: 202 693-0102
TDD: 202 693-1308
Fax: 202 693-1304

RIN: 1215-AB23
_______________________________________________________________________




1918.  AFFIRMATIVE ACTION AND NONDISCRIMINATION OBLIGATIONS OF 
CONTRACTORS AND SUBCONTRACTORS FOR SPECIAL DISABLED VETERANS AND 
VETERANS OF THE VIETNAM ERA

Priority:  Substantive, Nonsignificant

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

CFR Citation:  41 CFR 60-250

Legal Deadline: None

Abstract: OFCCP proposes to amend the regulations implementing the 
Vietnam Era Veterans' Readjustment Assistance Act (VEVRAA) 38 USC 4212, 
to conform with the newly enacted Veterans Employment Opportunities Act 
of 1998. The Act increases the current threshold for coverage from 
$10,000 to $25,000. The Act expands the existing definition of 
Veterans, i.e., special disabled veterans and veterans of the Vietnam 
Era, to

[[Page 21499]]

include any other veterans who served on active duty during a war or in 
a campaign or expedition for which a campaign badge has been 
authorized. The Act also requires the contractor to add additional 
information to its annual VETS-100 report to provide the maximum and 
minimum number of employees of such contractor's workforce during the 
period covered by the report.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            05/00/99

Regulatory Flexibility Analysis Required: Undetermined

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 
N3424, FP Building, Washington, DC 20210
Phone: 202 693-0102
TDD: 202 693-1308
Fax: 202 693-1304

RIN: 1215-AB24
_______________________________________________________________________




1919.  AMENDMENT TO SECTION 5333(B) GUIDELINES TO CARRY OUT NEW 
PROGRAMS AUTHORIZED BY THE TRANSPORTATION EQUITY ACT FOR THE 21ST 
CENTURY

Priority:  Substantive, Nonsignificant

Legal Authority:  Secretary's Order 5-96, 62 FR 107, January 2, 1997

CFR Citation:  29 CFR 215.3(a); 29 CFR 215.8

Legal Deadline: None

Abstract: The Transportation Equity Act for the 21st Century provides 
for three new transportation programs which require employee protection 
under section 5333(b) -- a Job Access and Reverse Commute Program, an 
Over-the-Road Bus Accessibility Program, and a State Infrastructure 
Bank Program. As a condition of release of assistance by FTA, the 
Department must certify that protective arrangements pursuant to 
section 5333(b) are in place. The Department is proposing to amend its 
guidelines to identify which of the new programs will be covered under 
the certification processes set forth therein.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            03/30/99                    64 FR 15276
NPRM Comment Period End         04/29/99

Regulatory Flexibility Analysis Required: No

Government Levels Affected: State, Local, Federal

Agency Contact: Kelley Andrews, Director, Statutory Programs Division, 
Office of Labor Management Standards, Department of Labor, Employment 
Standards Administration, 200 Constitution Avenue NW., Room N5603, FP 
Building, Washington, DC 20210
Phone: 202 693-1182
Fax: 202 693-1342

RIN: 1215-AB25
_______________________________________________________________________


DEPARTMENT OF LABOR (DOL)                              Final Rule Stage


Employment Standards Administration (ESA)



_______________________________________________________________________




1920. 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                    04/00/99

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 
N3424, FP Building, Washington, DC 20210
Phone: 202 693-0102
TDD: 202 693-1308
Fax: 202 693-1304

RIN: 1215-AA84
_______________________________________________________________________




1921. 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.) In addition, amendments are proposed to implement the 
American Competitiveness and Workforce Improvement Act of 1998 (Title 
IV, Public Law 105-277, October 21, 1998; 112 Stat. 2681).

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

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

[[Page 21500]]

NPRM                            01/05/99                      64 FR 628
NPRM Comment Period End         02/04/99
Final Action                    04/00/99

Regulatory Flexibility Analysis Required: No

Government Levels Affected: Federal

Agency Contact: John R. Fraser, Deputy Administrator (WHD), Department 
of Labor, Employment Standards Administration, 200 Constitution Avenue 
NW., Room S3502, FP Building, Washington, DC 20210
Phone: 202 693-0051
Fax: 202 693-1432

RIN: 1215-AB09
_______________________________________________________________________




1922. MINIMUM WAGE AND OVERTIME VIOLATIONS--CIVIL MONEY PENALTIES (29 
CFR 578); CHILD LABOR VIOLATIONS--CIVIL MONEY PENALTIES (29 CFR 579); 
ADJUSTMENT OF CIVIL MONEY PENALTIES FOR INFLATION

Priority:  Substantive, Nonsignificant

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

CFR Citation:  29 CFR 578; 29 CFR 579

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

Abstract: The Debt Collection Improvement Act of 1996 (PL 104-134) 
amended the Federal Civil 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                            12/28/98                    63 FR 71405
NPRM Comment Period End         01/27/99
Final Action                    04/00/99

Regulatory Flexibility Analysis Required: No

Government Levels Affected: State, Local, Tribal, Federal

Agency Contact: John R. Fraser, Deputy Administrator (WHD), Department 
of Labor, Employment Standards Administration, 200 Constitution Avenue 
NW., Room S3502, FP Building, Washington, DC 20210
Phone: 202 693-0051
Fax: 202 693-1432

RIN: 1215-AB20
_______________________________________________________________________


DEPARTMENT OF LABOR (DOL)                             Long-Term Actions


Employment Standards Administration (ESA)



_______________________________________________________________________




1923. DEFINING AND DELIMITING THE TERM ``ANY EMPLOYEE EMPLOYED IN A BONA 
FIDE EXECUTIVE, ADMINISTRATIVE, OR PROFESSIONAL CAPACITY'' (ESA/W-H)

Priority:  Economically Significant. Major under 5 USC 801.

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

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

CFR Citation:  29 CFR 541

Legal Deadline: None

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

Statement of Need: These regulations set forth the criteria used in the 
determination of the application of the FLSA exemption for 
``executive,'' ``administrative,'' ``professional,'' and ``outside 
sales employees.'' The existing salary test levels used in determining 
which employees qualify as exempt from the minimum wage and overtime 
rules were adopted in 1975 on an interim basis. These salary level 
tests are outdated and offer little practical guidance in the 
application of the exemption. In addition numerous

[[Page 21501]]

comments and petitions have been received in recent years from industry 
groups regarding the duties and responsibilities tests in the 
regulations. These factors, as well as recent case law developments, 
have led the Department to conclude that a review of these regulations 
is needed.
These regulations have been revised in recent years to deal with 
specific issues. In 1991, as the result of an amendment to the FLSA, 
the regulations were revised to permit certain computer systems 
analysts, computer programmers, software engineers, and other similarly 
skilled professional employees to qualify for the exemption, including 
those paid on an hourly basis if their rates of pay exceed 6 1/2 times 
the applicable minimum wage. Also in 1991, the Department undertook 
separate rulemaking on another aspect of the regulations, the 
definition of ``salary basis'' for public-sector employees. This 
interim final rule provided, in part, that an otherwise exempt public-
sector employee would not be disqualified from the exemption's 
requirement for payment on a ``salary basis'' solely because the 
employee is paid according to a public pay and leave system that, 
absent the use of paid leave, requires the employee's pay to be reduced 
for absences of less than one workday. In 1992, the Department issued 
its final rule on this matter.
Because of the limited nature of these revisions, the regulations are 
still in need of updating and clarification. In addition, recent court 
rulings have caused confusion as to what constitutes compliance with 
the regulation's ``salary basis'' criteria in both the public and 
private sectors.

Summary of the Legal Basis: These regulations are issued under the 
statutory exemption from minimum wage and overtime pay provided by 
section 13(a)(1) of the Fair Labor Standards Act, 29 USC 213(a)(1), 
which requires the Secretary of Labor to issue regulations that define 
and delimit the terms ``any employee employed in a bona fide executive 
administrative, or professional capacity ..., or in the capacity of 
outside salesman...,'' for purposes of applying the exemption to 
employees who meet the specified criteria.

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

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

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

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Indefinite Stay of Final Rule   02/12/81                    46 FR 11972
Proposal To Suspend Rule 
Indefinitely                    03/27/81                    46 FR 18998
ANPRM                           11/19/85                    50 FR 47696
Extension of ANPRM Comment 
Period From 01/21/86 to 03/22/8601/17/86                     51 FR 2525
ANPRM Comment Period End        03/22/86                     51 FR 2525
NPRM                            04/00/00

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

Government Levels Affected: State, Local, Federal

Agency Contact: John R. Fraser, Deputy Administrator (WHD), Department 
of Labor, Employment Standards Administration, 200 Constitution Avenue 
NW., Room S3502, FP Building, Washington, DC 20210
Phone: 202 693-0051
Fax: 202 693-1432

RIN: 1215-AA14
_______________________________________________________________________




1924. 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

[[Page 21502]]

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                     To Be                       Determined

Regulatory Flexibility Analysis Required: No

Government Levels Affected: Federal

Agency Contact: John R. Fraser, Deputy Administrator (WHD), Department 
of Labor, Employment Standards Administration, 200 Constitution Avenue 
NW., Room S3502, FP Building, Washington, DC 20210
Phone: 202 693-0051
Fax: 202 693-1432

RIN: 1215-AA43
_______________________________________________________________________




1925. 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                     To Be                       Determined

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: None

Agency Contact: James L. DeMarce, Director, Coal Mine Workers' 
Compensation, OWCP, Department of Labor, Employment Standards 
Administration, 200 Constitution Avenue NW., Room C3520, FP Building, 
Washington, DC 20210
Phone: 202 693-0046
Fax: 202 693-1395

RIN: 1215-AA99
_______________________________________________________________________




1926. REPORTING BY LABOR RELATIONS CONSULTANTS AND OTHER PERSONS

Priority:  Substantive, Nonsignificant

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

Legal Authority:  29 USC 433; 29 USC 438

CFR Citation:  29 CFR 406.3

Legal Deadline: None

Abstract: The Office of Labor-Management Standards (OLMS) is proposing 
to amend Receipts and Disbursements Report (Form LM-21) to narrow the 
scope of reporting. A Receipts and Disbursements Report is required in 
the circumstances specified in section 203(b) of the Labor-Management 
Reporting and Disclosure Act of 1959, as amended (LMRDA). It is 
required to be filed by any labor relations consultant, or other 
individual or organization, who has made or received payment as a party 
to an agreement or arrangement with an employer, pursuant to which he 
has undertaken persuader or information-supplying activities on behalf 
of the employer. The proposed amendment would reflect reporting 
guidelines established in Donovan v. The Rose Law Firm, 768 F.2d 964 
(8th Cir. 1985). This judicial decision narrowed the scope of reporting 
to eliminate reporting of receipts and disbursements in connection with 
labor relations advice and services rendered to employers for whom no 
persuader or information-supplying activities were undertaken.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                             To Be                       Determined

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: 202 693-1233
Fax: 202 693-1340

RIN: 1215-AB14

[[Page 21503]]

_______________________________________________________________________


DEPARTMENT OF LABOR (DOL)                             Completed Actions


Employment Standards Administration (ESA)



_______________________________________________________________________




1927. AFFIRMATIVE ACTION AND NONDISCRIMINATION OBLIGATIONS OF 
CONTRACTORS AND SUBCONTRACTORS FOR SPECIAL DISABLED VETERANS AND 
VETERANS OF THE VIETNAM ERA

Priority:  Substantive, Nonsignificant

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

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

CFR Citation:  41 CFR 60-250

Legal Deadline: None

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

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule Invitation to 
Self-Identify (41 CFR 60-
250.5(d))                       05/01/96                    61 FR 19336
NPRM                            09/24/96                    61 FR 50079
NPRM Comment Period End         12/27/96
Final Action                    11/04/98                    63 FR 59630
Final Action Effective          01/04/99

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 
N3424, FP Building, Washington, DC 20210
Phone: 202 693-0102
TDD: 202 693-1308
Fax: 202 693-1304

RIN: 1215-AA62
_______________________________________________________________________




1928. 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                    11/25/98                    63 FR 65284
Final Action Effective          01/04/99

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: 202 693-0040
Fax: 202 693-1498

RIN: 1215-AB07
_______________________________________________________________________




1929. 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                    11/04/98                    63 FR 59657
Final Action Effective          01/04/99                    63 FR 59658

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 
N3424, FP Building, Washington, DC 20210
Phone: 202 693-0102
TDD: 202 693-1308
Fax: 202 693-1304

RIN: 1215-AB19

[[Page 21504]]

_______________________________________________________________________


DEPARTMENT OF LABOR (DOL)                           Proposed Rule Stage


Employment and Training Administration (ETA)



_______________________________________________________________________




1930. DISASTER UNEMPLOYMENT ASSISTANCE PROGRAM, AMENDMENT TO REGULATIONS

Priority:  Other Significant

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

CFR Citation:  20 CFR 625

Legal Deadline: None

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

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           12/08/94                    59 FR 63670
ANPRM Comment Period End        02/06/95
Interim Final Rule              05/11/95                    60 FR 25560
NPRM                            09/00/99

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 20210
Phone: 202 219-5616

RIN: 1205-AB02
_______________________________________________________________________




1931. 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 S4321, FP Building, Washington, DC 20210
Phone: 202 219-5223
Fax: 202 219-8506
Email: [email protected]

RIN: 1205-AB10
_______________________________________________________________________




1932. 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                            06/00/99

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
Fax: 202 219-8506

RIN: 1205-AB17

[[Page 21505]]

_______________________________________________________________________


DEPARTMENT OF LABOR (DOL)                              Final Rule Stage


Employment and Training Administration (ETA)



_______________________________________________________________________




1933. TRADE ADJUSTMENT ASSISTANCE FOR WORKERS--IMPLEMENTATION OF 1988 
AMENDMENTS

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

Legal Authority:  19 USC 2320

CFR Citation:  20 CFR 617

Legal Deadline: None

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

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Final Action                    06/00/99

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
Fax: 202 219-5753

RIN: 1205-AB05
_______________________________________________________________________




1934. TRADE ADJUSTMENT ASSISTANCE FOR WORKERS--TRANSITIONAL ADJUSTMENT 
ASSISTANCE NAFTA-TAA

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

Legal Authority:  PL 103-182, title V

CFR Citation:  20 CFR 617

Legal Deadline: None

Abstract: Title V of the North American Free Trade Agreement 
Implementation Act (PL 103-182) amends chapter 2 of title II of the 
Trade Act of 1974 by adding a new Transitional Adjustment Assistance 
Program (NAFTA-TAA) for workers who lose their jobs because of 
increased imports from or a shift of production to Mexico and Canada. 
Most of the provisions of title V are in the form of amendments to 
chapter 2, title II, of the Trade Act. While some of the provisions are 
not in the form of amendments to the Trade Act they nonetheless must be 
given effect in implementing the NAFTA-TAA program. A proposed rule to 
amend the regulations on the trade adjustment assistance program for 
workers was published in the Federal Register on January 17, 1995.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            01/17/95                     60 FR 3472
NPRM Comment Period End         03/20/95
Final Action                    09/00/99

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
Fax: 202 219-5555

RIN: 1205-AB07
_______________________________________________________________________




1935. WELFARE-TO-WORK (WTW) GRANTS

Priority:  Other Significant

Legal Authority:  42 USC 601 to 619

CFR Citation:  20 CFR 645

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

Abstract: The Employment and Training Administration published interim 
final regulations on November 18, 1997, implementing the Welfare-to-
Work Grants Program. The Personal Responsibility and Work Opportunity 
Reconciliation Act reformed the Nation's welfare laws, when enacted in 
August 1996, by creating a new system of block grants to the States for 
Temporary Assistance for Needy Families (TANF). Moving people from 
welfare to work is one of the primary goals of Federal welfare policy 
as well as one of five goals the Secretary of Labor has identified for 
the Department of Labor. section 5001 of the Balanced Budget Act of 
1997 authorized the Department of Labor to provide Welfare-to-Work 
Grants to States and local communities to create additional job 
opportunities for the hardest-to-employ recipients of TANF. The 
Welfare-to-Work Grants will be provided to the States through the use 
of a formula, and in a competitive process to local communities. A 
small amount of total grant funds will be set aside for special 
purposes: one percent for Indian tribes; 0.8 percent for evaluation; 
and $100 million for performance bonuses to successful States.
The interim final regulations and other guidance focus on providing 
maximum local flexibility. Guidance and regulations reflect minimal 
amplification of the law and provide further information or 
clarification as needed to make the program operational. Existing 
regulations and systems are used wherever possible. Reporting 
requirements will assure program integrity and provide timely 
information for tracking performance. Performance measures will be 
established and will serve as the basis for the award of FY 2000 bonus 
grants to the States based on successful performance. Products provided 
link welfare agencies and workforce development system agencies at the 
operational level in order to maximize resources available and avoid 
duplication and overlap. Leveraging of non-Federal resources at the 
State and local level is encouraged.
These funds will allow States and local communities to help move 
eligible individuals into jobs by: job creation through public or 
private sector wage subsidies; on-the-job training; contracts with 
public or private providers of job readiness, job placement, and post-
employment services; job vouchers for similar services; community 
service or work experience; or job retention and supportive services 
(if such services are not otherwise available).

Statement of Need: Since the passage of the Personal Responsibility and 
Work Opportunity Reconciliation Act, the President and the Congress 
recognized the need for a measure to complement the Temporary 
Assistance for Needy Families (TANF) block grant created as a result of 
the Act. On August 5, 1997, President Clinton signed into law the 
Balanced Budget Act of 1997, which authorized the

[[Page 21506]]

Department of Labor to provide Welfare-to-Work Grants to States and 
local communities to create additional job opportunities for the 
hardest-to-employ recipients of TANF. The basic goal of the program is 
to move welfare recipients into unsubsidized jobs with good career 
potential for economic self-sufficiency. Welfare-to-Work formula and 
competitive grants provide States and local communities with an array 
of tools to help them accomplish this goal in ways that make sense and 
are most effective for their particular population needs. The 
Employment and Training Administration will issue final regulations and 
other guidance, provide technical assistance, and establish performance 
standards which will drive State and local efforts towards the 
program's goal while still allowing maximum local flexibility.

Summary of the Legal Basis: Promulgation of these regulations is 
authorized by SSA section 403 (a)(1)(5)(C)(viii).

Alternatives: Regulatory alternatives will be developed once 
determinations have been made with regard to the scope and nature of 
the regulatory guidance which will be necessary to carry out the new 
provisions.

Anticipated Costs and Benefits: Preliminary estimates of the 
anticipated costs of this regulatory action have not been determined at 
this time and will be determined at a later date. Welfare recipients 
will receive job placement and temporary, transitional employment 
opportunities leading to lasting employment and self-sufficiency. 
Employers will have ready access to a large pool of motivated hard-
working entry-level workers who will be eligible for job retention and 
support services to maintain employment. Businesses will be eligible to 
receive wage and on-the-job training subsidies when they hire the hard-
to-employ welfare recipients.

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

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              11/18/97                    62 FR 61587
Final Action                    04/00/99

Regulatory Flexibility Analysis Required: No

Government Levels Affected: State, Local, Tribal

Agency Contact: Dennis Lieberman, Director, Office of Welfare to Work, 
Department of Labor, Employment and Training Administration, 200 
Constitution Avenue NW., C4524, FP Building, Washington, DC 20210
Phone: 202 219-0181

RIN: 1205-AB15
_______________________________________________________________________




1936. FEDERAL-STATE UNEMPLOYMENT COMPENSATION PROGRAM; CONFIDENTIALITY 
AND DISCLOSURE OF STATE RECORDS

Priority:  Other Significant

Legal Authority:  42 USC 1302 (a); 42 USC 503; 42 USC 1320b-7; 26 USC 
chapter 23; Secretary's Orders 4-75 and 14-75

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 the statutory requirements in title III of the Social 
Security Act, the Federal Unemployment Tax Act, and the Wagner-Peyser 
Act concerning 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                      12/00/99

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

RIN: 1205-AB18
_______________________________________________________________________




1937. 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
Final Action                    04/00/99
Final Action Effective          05/00/99

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
_______________________________________________________________________




1938. WORKFORCE INVESTMENT ACT OF 1998

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

Unfunded Mandates: Undetermined

Legal Authority:  Workforce Investment Act of 1998, section 189(2)-
506(c); 29 USC 939(a)

CFR Citation:  20 CFR 660 to 671; 20 CFR 652

Legal Deadline:
Other, Statutory, February 7, 1999, Interim Final Rule.
Final, Statutory, December 31, 1999.

Abstract: The Workforce Investment Act of 1998 was signed into law by 
President Clinton on August 7, 1998. Titles I, III, and V of the Act 
fall under

[[Page 21507]]

the purview of the Employment and Training Administration. The Act 
makes significant changes in the way this country's employment and 
training programs do business. The Act will ensure that Americans have 
the information and training they need to qualify for good jobs and 
successfully manage their careers. The interim final regulations, final 
regulations, and other guidance will focus on providing maximum local 
flexibility. Guidance and regulations will reflect minimal 
amplification of the law and will provide further information or 
clarification as needed to make the program operational. Reporting 
requirements will assure program integrity and provide timely 
information for tracking performance.

Statement of Need: The purpose of title I of the Workforce Investment 
Act of 1998 is to provide workforce investment activities, through 
statewide and local workforce investment systems, that increase the 
employment, retention, and earnings of participants, and skill 
attainment of participants, and as a result, improve the quality of the 
workforce, reduce welfare dependency, and enhance the productivity and 
competitiveness of the Nation. The Employment and Training 
Administration will issue regulations and other guidance and provide 
technical assistance that will focus State and local efforts towards 
the program's goal while allowing maximum local flexibility. The 
Department of Labor and its partners must move quickly to implement the 
reforms contained in the legislation. The law requires that interim 
final regulations be published no later than 180 days after the date of 
enactment and that final regulations be published no later than 
December 31, 1999.

Alternatives: Regulatory alternatives will be developed once 
determinations have been made with regard to the scope and nature of 
the regulatory guidance necessary to carry out new provisions under the 
new legislation, the Workforce Investment Act of 1998.

Anticipated Costs and Benefits: Preliminary estimates of the 
anticipated costs of this newly enacted legislation have not been 
determined at this time, but will be at a later date. It is 
anticipated, however, that successful implementation of this 
legislation will result in changes in the way this country's employment 
and training programs do business, and will ensure that Americans have 
the training they need to qualify for good jobs and successfully manage 
their careers. The Act consolidates more than 60 Federal programs. It 
will significantly enhance the ability of State and local areas to 
effectively implement welfare reform and move welfare recipients from 
welfare to work. It establishes a single delivery system for adult 
employment and training and for dislocated worker employment and 
training that maximizes choice in the selection of occupations and 
training providers. Under the Act, individuals with disabilities will 
have access to a comprehensive job training system capable of serving 
all. Unemployed individuals with disabilities will have broader job 
opportunities allowing them to re-enter or in some cases enter the 
workforce for the first time.

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

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              04/00/99
Final Action                    12/00/99

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: State, Local, Tribal, Federal

Agency Contact: Eric Johnson, Director, WIA Implementation Team, 
Department of Labor, Employment and Training Administration, 200 
Constitution Avenue NW., Room S5513, FP Building, Washington, DC 20210
Phone: 202 219-0316
Fax: 202 219-0323

RIN: 1205-AB20
_______________________________________________________________________


DEPARTMENT OF LABOR (DOL)                             Long-Term Actions


Employment and Training Administration (ETA)



_______________________________________________________________________




1939. 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., Washington, DC 20210
Phone: 202 219-5257

RIN: 1205-AA37
_______________________________________________________________________




1940. 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

[[Page 21508]]

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
_______________________________________________________________________




1941. 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 2000 
Appropriations. 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
_______________________________________________________________________




1942. 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: Gregory Gross, Department of Labor, Employment and 
Training Administration, 200 Constitution Avenue NW., Room N4641, FP 
Building, Washington, DC 20210
Phone: 202 219-8502
Fax: 202 219-6338
Email: [email protected]

RIN: 1205-AB16
_______________________________________________________________________


DEPARTMENT OF LABOR (DOL)                           Proposed Rule Stage


Pension and Welfare Benefits Administration (PWBA)



_______________________________________________________________________




1943. 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

[[Page 21509]]

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                     12/00/99

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
_______________________________________________________________________




1944. 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                            07/00/99

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
_______________________________________________________________________




1945. ELIMINATION OF FILING REQUIREMENTS FOR SUMMARY PLAN DESCRIPTIONS

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:  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                            05/00/99

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
_______________________________________________________________________




1946. REQUIREMENT TO FURNISH PLAN DOCUMENTS UPON REQUEST BY THE 
SECRETARY OF LABOR

Priority:  Substantive, Nonsignificant. 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                            05/00/99

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
_______________________________________________________________________




1947. CIVIL PENALTY FOR FAILURE TO FURNISH CERTAIN PLAN DOCUMENTS

Priority:  Substantive, Nonsignificant. 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

[[Page 21510]]

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                            05/00/99

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
_______________________________________________________________________




1948. 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                            07/00/99

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 
Avenue NW., Room N5669, FP Building, Washington, DC 20210
Phone: 202 219-8521

RIN: 1210-AA73
_______________________________________________________________________




1949.  REQUEST FOR INFORMATION RELATING TO THE WOMEN'S HEALTH 
AND CANCER RIGHTS ACT OF 1998

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

Legal Authority:  29 USC 1185; PL 105-277; 112 Stat 2681; 29 USC 1135; 
29 USC 1194

CFR Citation:  Not yet determined

Legal Deadline: None

Abstract: The Department is requesting information from the public on a 
number of issues arising under the provisions of the Women's Health and 
Cancer Rights Act of 1998 (WHCRA), enacted on October 21, 1998 (P.L. 
105-277). WHCRA amended the Employee Retirement Income Security Act of 
1974, as amended (ERISA) and the Public Health Service Act (PHS Act) to 
provide protection for patients who elect breast reconstruction in 
connection with a mastectomy. The WHCRA provisions are set forth in 
part 7 of Subtitle B of title I of ERISA and in title XXVII of the PHS 
Act. 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.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Request for Information (RFI)   04/00/99
RFI Comment Period End          05/00/99
Interim Final Rule              09/00/99

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: Undetermined

Agency Contact: Mila Kofman, 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-AA75
_______________________________________________________________________




1950.  VOLUNTARY FIDUCIARY CORRECTION PROGRAM

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

Legal Authority:  29 USC 1132; 29 USC 1134

CFR Citation:  Not yet determined

Legal Deadline: None

Abstract: Section 409 of ERISA provides that an employee benefit plan 
fiduciary who breaches any of the responsibilities, obligations, or 
duties imposed upon him or her by part 4 of title I of ERISA shall be 
personally liable to make good to such plan any losses to the plan 
resulting from each such breach, and to restore to such plan any 
profits that such fiduciary may have made through use of assets of the 
plan. The Department has the authority under section 504 of ERISA to 
conduct investigations to deter and correct violations of title I of 
ERISA and under section 502(a)(2) and 502(a)(5) to bring civil actions 
to enforce the provisions thereof. Section 502(l) of ERISA requires the 
assessment of a civil penalty in an amount equal to 20 percent of the 
applicable recovery amount with respect to any breach of fiduciary 
responsibility under (or other violation of) part 4 by a fiduciary.
To encourage and facilitate voluntary correction of certain breaches of 
fiduciary responsibility, PWBA is considering a Voluntary Fiduciary 
Correction Program (VFC Program) that would be implemented on a pilot 
basis. Under this VFC Program, plan officials would be relieved of the 
possibility of investigation and civil action by the Department and 
imposition of civil

[[Page 21511]]

penalties, to the extent that plan officials satisfy the conditions for 
correcting breaches to be described in the Program. PWBA anticipates 
that the Program would assist plan officials in understanding the 
requirements of part 4 of title I of ERISA and their legal 
responsibilities in correcting fiduciary breaches. PWBA intends to 
invite public comment on the VFC Program prior to its implementation on 
a pilot basis.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            06/00/99
NPRM Comment Period End         08/00/99

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-AA76
_______________________________________________________________________


DEPARTMENT OF LABOR (DOL)                              Final Rule Stage


Pension and Welfare Benefits Administration (PWBA)



_______________________________________________________________________




1951. REVISION OF THE FORM 5500 SERIES AND IMPLEMENTING AND RELATED 
REGULATIONS UNDER THE EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974 
(ERISA)

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

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

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

CFR Citation:  29 CFR 2520

Legal Deadline: None

Abstract: Under title I of ERISA, title IV of ERISA, and the Internal 
Revenue Code, as amended, pension and other employee benefit plans are 
generally required to file returns/reports annually concerning, among 
other things, the financial condition and operations of the plan. These 
annual reporting requirements are satisfied generally by filing the 
Form 5500 Series in accordance with its instructions and related 
regulations. The Department of Labor, IRS, and PBGC have undertaken a 
comprehensive review of the annual return/report forms in an effort to 
streamline the information required to be reported and the methods by 
which such information is filed and processed.

Statement of Need: This project was included in prior PWBA regulatory 
plans. The Form 5500 Series is the primary source of information 
concerning the operation, funding, assets and investments of pension 
and other employee benefit plans, and is both an important compliance 
and research tool for the Department, and a disclosure document for 
plan participants and beneficiaries and a source of information and 
data for use by other Federal agencies, Congress and the private sector 
in assessing employee benefit, tax, and economic trends and policies.

Summary of the Legal Basis: Title I of ERISA, sections 101 through 105, 
107, 209, and 606 impose specific reporting and disclosure obligations 
on administrators of employee benefit plans. Sections 104(a)(2) 
104(a)(3) and 110 of ERISA provide the Secretary with the authority to 
prescribe simplified reports, exemptions and alternative methods of 
compliance for employee welfare benefit plans and employee pension 
benefit plans. Section 505 provides the Secretary with general 
authority to prescribe regulations necessary or appropriate to carry 
out the provisions of title I of ERISA.

Alternatives: Amendments to the annual report regulations implementing 
the revisions to the Form 5500 Series are in development.

Anticipated Costs and Benefits: By simplifying the Form 5500 Series and 
creating an automated processing system for the filed reports, it is 
anticipated that filer costs of preparing forms and Government 
processing costs will be reduced. These measures will eliminate 
reporting requirements for information that is not needed for the 
discharge of the Department's statutory responsibilities, while 
ensuring that participants and beneficiaries have access to the 
information they need to protect their rights and benefits under ERISA.

Risks: Failure to revise the Form 5500 Series Annual Reports for 
Employee Benefit Plans could deprive plans, sponsors and participants 
and beneficiaries, as well as the Government, of the cost savings and 
related benefits associated with streamlining the forms and their 
processing.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Proposed Forms Revisions        09/03/97                    62 FR 46556
Proposed Forms Comment Period 
End                             11/03/97
NPRM Implementing/ Related 
Regulations                     12/10/98                    63 FR 68370
NPRM Comment Period End         02/08/99
Final Action                    11/00/99

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: Undetermined

Additional Information: Public hearing held November 17, 1997. Hearing 
comment period ended 12/03/97.

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-AA52


_______________________________________________________________________



[[Page 21512]]

1952. REGULATIONS IMPLEMENTING THE HEALTH CARE ACCESS, PORTABILITY AND 
RENEWABILITY PROVISIONS OF THE HEALTH INSURANCE PORTABILITY AND 
ACCOUNTABILITY ACT OF 1996

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

Unfunded Mandates: Undetermined

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

CFR Citation:  29 CFR 2590

Legal Deadline:
Other, Statutory, April 1, 1997, Per Section 734 of ERISA as added by 
Section 101 of HIPAA.

Abstract: The Health Insurance Portability and Accountability Act of 
1996 (HIPAA) amended title I of ERISA by adding a new part 7, designed 
to improve health care access, portability and renewability. This 
rulemaking will provide regulatory guidance to implement these 
provisions.

Statement of Need: HIPAA added a new part 7 to title I of ERISA, 
containing provisions designed to improve the availability and 
portability of health insurance coverage. Part 7 includes provisions 
limiting exclusions for preexisting conditions and providing credit for 
prior coverage, guaranteeing availability of health coverage for small 
employers, prohibiting discrimination against employees and dependents 
based on health status, and guaranteeing renewability of health 
coverage to employers and individuals.

Summary of the Legal Basis: Promulgation of these regulations is 
authorized by sections 505 and 734 of ERISA.

Alternatives: Regulatory alternatives will be developed once 
determinations have been made, in conjunction with other concerned 
agencies with regard to the scope and nature of the final regulatory 
guidance which will be necessary to carry out the new provisions.

Anticipated Costs and Benefits: Preliminary estimates of the 
anticipated costs and benefits of the regulatory actions found to be 
necessary to implement the new provision will be developed once 
decisions are reached on which specific actions are necessary.

Risks: Failure to provide regulatory guidance necessary to carry out 
these important health care reforms would adversely impact the 
availability and portability of health insurance coverage for American 
families.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              04/08/97                    62 FR 16894
Interim Final Rule Effective    06/07/97
Interim Final Rule Comment 
Period End                      07/07/97
Final Rule                      03/00/00

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: None

Agency Contact: Daniel J. Maguire, Director, Health Care Task Force, 
Department of Labor, Pension and Welfare Benefits Administration, 200 
Constitution Avenue NW., Room N5677, FP Building, Washington, DC 20210
Phone: 202 219-4592

RIN: 1210-AA54
_______________________________________________________________________




1953. AMENDMENT OF SUMMARY PLAN DESCRIPTION AND RELATED ERISA 
REGULATIONS TO IMPLEMENT STATUTORY CHANGES IN THE HEALTH INSURANCE 
PORTABILITY AND ACCOUNTABILITY ACT OF 1996

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

Unfunded Mandates: Undetermined

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

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

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

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

Statement of Need: The existing SPD and related reporting and 
disclosure provisions need to be revised to reflect the changes made by 
HIPAA. HIPAA's statutory changes modify the requirements concerning the 
manner and timing of how certain important plan information is 
communicated to participants and beneficiaries by plan administrators. 
Without revised regulatory guidance administrators may not be able to 
improve the timely disclosure of plan information on both a 
quantitative and qualitative basis. HIPAA also requires the Secretary 
to issue regulations within 180 days after its enactment providing 
alternative mechanisms to delivery by mail through which group health 
plans may notify participants and beneficiaries of material reductions 
in covered services or benefits.

Summary of the Legal Basis: Promulgation of these regulations is 
authorized by sections 104(b), 505 and 734 of ERISA.

Alternatives: Regulatory alternatives will be developed once 
determinations have been made with regard to the scope and nature of 
the regulatory guidance which will be necessary to carry out the new 
provisions.

Anticipated Costs and Benefits: There is estimated to be no capital/
start-up cost. Total burden cost for operating maintenance is to 
average $73,000,000 annually for the years 1997, 1998, and 1999. 
However, the Department believes that the regulation assures that 
participants have better access to more complete information about 
their benefit plans.

Risks: The SPD is a critical plan document for participants and 
beneficiaries. Without access to accurate and timely information 
participants and beneficiaries will not be able to protect their rights 
under ERISA. Improved disclosure requirements also should serve to 
facilitate compliance by plan administrators, thereby reducing 
litigation and penalty risks to plan

[[Page 21513]]

administrators. The failure to issue revised disclosure regulations 
also may result in a failure to achieve HIPAA's objective of improving 
the disclosure of plan information.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              04/08/97                    62 FR 16979
Interim Final Rule Comment 
Period End                      05/31/97
Interim Final Rule Effective    06/01/97
Interim Final Rule Second       09/09/98                    63 FR 48372
Interim Final Rule Effective    11/09/98
Comment Period End              11/09/98
Final Action                    09/00/99

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: None

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

RIN: 1210-AA55
_______________________________________________________________________




1954. 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 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                    09/00/99

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
_______________________________________________________________________




1955. AMENDMENTS TO EMPLOYEE BENEFIT PLAN CLAIMS PROCEDURES REGULATION

Priority:  Other Significant

Legal Authority:  29 USC 1133; 29 USC 1135

CFR Citation:  29 CFR 2560.503-1

Legal Deadline: None

Abstract: The Department has proposed to amend the regulation governing 
the establishment and maintenance of benefit claims procedures by 
employee benefit plans covered by title I of the Employee Retirement 
Income Security Act (ERISA). The proposal would establish new standards 
for the processing of group health and other employee benefit plan 
claims filed by participants and beneficiaries. In the case of group 
health plans, as well as certain plans providing disability benefits, 
the new standards are intended to ensure more timely benefit 
determinations, improved access to information on which a benefit 
determination is based, and greater assurance that participants and 
beneficiaries will be afforded a full and fair review of denied claims.

Statement of Need: This regulation is necessary to insure more timely 
benefit determinations, improve access to information on which a 
benefit determination is made, and provide greater assurance that 
participants and beneficiaries will be afforded a full and fair review 
of denied claims.

Summary of the Legal Basis: Promulgation of this regulation is 
authorized by sections 503 and 505 of ERISA.

Alternatives: Regulatory alternatives will be developed once 
determinations have been made with regard to the scope and nature of 
the amendments which are necessary to update the rules which implement 
section 503 of ERISA.

Anticipated Costs and Benefits: On the basis of available data, the 
Department believes that the projected benefits of this proposed 
regulation would outweigh its projected costs. In particular, updating 
the existing regulation to address recent changes in the delivery and 
financing of health care services would improve health care quality by 
averting harmful, inappropriate delays and denials of health benefits 
thereby yielding substantial social benefits.

Risks: Failure to issue this regulation would deprive many plan 
participants and beneficiaries of the benefits of an improved claims 
review process.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Request for Information--
Amendment of Regulations on Plan 
Claims Procedures               09/08/97                    62 FR 47262
Comment Period End              11/07/97
Notice of Public Hearing Held on 
Feb. 17,18 & 19, 1999           01/04/99                       64 FR 65
Final Action                    09/00/99

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: None

Agency Contact: Jeffrey 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-AA61


_______________________________________________________________________



[[Page 21514]]

1956. 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 (ERISA), as amended, 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 chapter 100 of 
subtitle K of the Code, 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                    03/00/00

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 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
_______________________________________________________________________




1957. HEALTH CARE STANDARDS FOR MOTHERS AND NEWBORNS

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

Unfunded Mandates: Undetermined

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

CFR Citation:  29 CFR 2590.711

Legal Deadline: None

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

Statement of Need: These regulations are needed to provide guidance to 
the public concerning the application of the provisions of section 711 
of ERISA, which establishes requirements for group health plan 
standards for minimum hospital stays following birth.

Summary of the Legal Basis: Promulgation of these regulations is 
authorized by sections 505 and 734 of ERISA.

Alternatives: Regulatory alternatives will be developed once 
determinations have been made with regard to the scope and nature of 
the regulatory guidance which will be necessary to implement section 
711 of ERISA.

Anticipated Costs and Benefits: Preliminary estimates of the 
anticipated costs and benefits of the regulatory actions found to be 
necessary to implement the new provision will be developed once 
decisions are reached on which specific actions are necessary.

Risks: Failure to issue these regulations would be likely to impair 
compliance by group health plans with the new standards established by 
section 711 of ERISA for mothers' and newborns' health care.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              10/27/98                    63 FR 57546
Final Action                    03/00/00

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: None

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

Agency Contact: Amy 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-AA63
_______________________________________________________________________




1958. 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.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              07/00/99

[[Page 21515]]

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
_______________________________________________________________________




1959. AMENDMENTS TO SUMMARY PLAN DESCRIPTION REGULATIONS

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

Unfunded Mandates: Undetermined

Legal Authority:  29 USC 1024; 29 USC 1135

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

Legal Deadline: None

Abstract: These proposed amendments to the regulations governing the 
contents of summary plan descriptions are intended to ensure that all 
participants in group health plans are provided, consistent with the 
recommendations of the President's Advisory Commission on Consumer 
Protection and Quality in the Health Care Industry, understandable 
information concerning their plan; provider network composition; 
preauthorization and utilization review procedures; whether, and under 
what circumstances, coverage is provided for existing and new drugs; 
and whether, and under what circumstances, coverage is provided for 
experimental drugs, devices, and procedures. These amendments will 
include the repeal of special rules limiting the information that must 
be included in summary plan descriptions with respect to certain health 
maintenance organizations. In addition, the proposed amendments will 
include provisions that are intended to update or clarify the 
application of certain SPD content requirements affecting both pension 
and welfare benefit plans.

Statement of Need: This regulation is necessary to improve the 
disclosure of group health plan benefit information, consistent with 
the recommendations of the President's Advisory Commission on Consumer 
Protection and Quality in the Health Care Industry, as set forth in its 
November 20, 1997, report. The amendments will also update the general 
SPD content requirements and update other relevant regulatory 
provisions.

Summary of the Legal Basis: Promulgation of this regulation is 
authorized by sections 101(a) 102(b), and 505 of ERISA.

Alternatives: Regulatory alternatives will be developed once 
determinations have been made with regard to the scope and nature of 
the amendments which are necessary to improve the disclosure of benefit 
information to participants and beneficiaries of group health plans 
under the applicable ERISA regulations.

Anticipated Costs and Benefits: The Department estimates that the 
aggregate additional costs associated with the proposed regulation 
would average approximately $76 million per year for the years 1999, 
2000, and 2001, although the Department believes that this estimate may 
be conservatively high. However, the Department believes that the 
proposed regulation would assure that participants have better access 
to more complete information on their benefit plans. Better information 
will lead both participants and plan sponsors to make more economically 
efficient decisions regarding benefit plans. This enhanced value and 
efficiency from better information constitute the benefits of the 
regulation.

Risks: Failure to issue the regulation would deprive participants, 
beneficiaries, and plan sponsors of the improvements in health care 
market efficiency which would be generated by the regulatory amendments 
specified therein.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            09/09/98                    63 FR 48376
NPRM Comment Period End         11/09/98
Final Action                    09/00/99

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: None

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

RIN: 1210-AA69
_______________________________________________________________________




1960. PAYROLL DEDUCTION PROGRAMS FOR CONTRIBUTIONS TO INDIVIDUAL 
RETIREMENT ACCOUNTS (INTERPRETIVE BULLETIN)

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                    05/00/99

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


_______________________________________________________________________



[[Page 21516]]

1961. 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; PL 105-34, Taxpayer Relief 
Act; 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                            01/28/99                     64 FR 4506
NPRM Comment Period End         03/29/99
Final Action                    07/00/99

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-AA71
_______________________________________________________________________




1962. NATIONAL MEDICAL SUPPORT NOTICE

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

Legal Authority:  PL 105-200, section 401(b); 29 USC 1135; 29 USC 1169

CFR Citation:  29 CFR 2565

Legal Deadline:
Other, Statutory, May 16, 1999, Interim Final Rule.
Final, Statutory, May 16, 2000.

Abstract: The purpose of this rulemaking is to develop regulations 
which establish a model qualified medical child support order for use 
by State child support agencies to facilitate the extension of health 
care coverage to children under their jurisdiction. This initiative is 
mandated by the Child Support Performance and Incentive Act of 1998, 
P.L. 105-200.

Statement of Need: These regulations are needed to provide guidance to 
the public concerning the application of the provisions of section 401 
of the Child Support Performance and Incentive Act of 1998 (CSPIA) and 
section 609 of ERISA, which require, respectively, the promulgation of 
a National Medical Support Notice to be used by State child support 
agencies to order health care coverage for children under their 
jurisdiction, and that such notice is to be deemed a qualified medical 
child support order for purposes of section 609 of ERISA.

Summary of the Legal Basis: Promulgation of these regulations is 
mandated by section 401 of CSPIA, and authorized by sections 505 and 
609 of ERISA.

Alternatives: Regulatory alternatives will be developed once 
determinations have been made with regard to the scope and nature of 
the regulatory guidance which will be necessary to implement section 
401 of CSPIA and section 609 of ERISA. Section 401 of CSPIA mandates 
the promulgation of a National Medical Support Notice.

Anticipated Costs and Benefits: Preliminary estimates of the 
anticipated costs and benefits of the regulatory actions found 
necessary to implement the new provisions will be developed once 
decisions are reached on which specific actions are necessary.

Risks: Failure to issue these regulations would be likely to impair 
compliance by State child support agencies with the new standards 
established by section 401 of CSPIA and by group health plans with the 
requirements of section 609 of ERISA for the extension of health care 
coverage to children of plan participants.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              05/00/99

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: Undetermined

Agency Contact: David J. Lurie, 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-AA72
_______________________________________________________________________




1963.  SOFT DOLLAR (INTERPRETIVE BULLETIN)

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

Legal Authority:  29 USC 1103; 29 USC 1104; 29 USC 1106; 29 USC 1108; 
29 USC 1135

CFR Citation:  29 CFR 2509.98-2

Legal Deadline: None

Abstract: This Interpretive Bulletin will codify the guidance provided 
by the Department concerning ``soft dollar'' and directed commission 
arrangements, for ease of reference by employee benefit plan 
fiduciaries, plan service providers, and others.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interpretive Bulletin           08/00/99

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: Undetermined

Agency Contact: David J. Lurie, 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-AA74
_______________________________________________________________________




1964.  PROHIBITING DISCRIMINATION AGAINST PARTICIPANTS AND 
BENEFICIARIES BASED ON HEALTH STATUS

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

Legal Authority:  29 USC 1027; 29 USC 1059; 29 USC 1135; 29 USC 1171; 
29 USC 1167; 29 USC 1194; PL 104-191 SEC 101'; 29 USC 1181, 101 Stat 
1936; Secretary of Labor's Order No. 1-37; 52 FR 13139, April 21, 1987

CFR Citation:  29 CFR 2590.702

Legal Deadline: None

[[Page 21517]]

Abstract: Section 702 of the Employee Retirement Income Security Act of 
1974, amended by the Health Insurance Portability and Accountability 
Act of 1996 (HIPAA), establishes that a group health plan or a health 
insurance issuer may not establish rules for eligibility (including 
continued eligibility) of any individual to enroll under the terms of 
the plan based on any health status-related factor. These provisions 
are also contained in the Internal Revenue Code under the jurisdiction 
of the Department of the Treasury, and the Public Health Service Act 
within the jurisdiction of the Department of Health and Human Services.
On April 8, 1997, the Department, in conjunction with the Departments 
of the Treasury and Health and Human Services (collectively, the 
Departments) published interim final regulations implementing the 
nondiscrimination provisions of HIPAA. These regulations can be found 
at 26 CFR 54.9802-1 (Treasury), 29 CFR 2590.702 (Labor), and 45 146.121 
(HHS). That notice of rulemaking also solicited comments on the 
nondiscrimination provisions and indicated that the Departments intend 
to issue further regulations on the nondiscrimination rules. This 
rulemaking will contain additional regulatory guidance under HIPAA's 
nondiscrimination provisions.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              04/08/97                    62 FR 16894
Interim Final Rule Comment 
Period End                      07/07/97
Interim Final Rule              11/00/99
Final Action                    03/00/00

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: Undetermined

Additional Information: This item is being split off from RIN 210-AA54 
in order to provide focused guidance on section 702 of ERISA, which 
prohibits discrimination against participants and beneficiaries by 
group health plans and health insurance issuers based on health status.

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-AA77
_______________________________________________________________________


DEPARTMENT OF LABOR (DOL)                             Long-Term Actions


Pension and Welfare Benefits Administration (PWBA)



_______________________________________________________________________




1965. 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         07/17/88


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
_______________________________________________________________________




1966. CIVIL PENALTIES UNDER ERISA SECTION 502(1)

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

Unfunded Mandates: Undetermined

Legal Authority:  29 USC 1132

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

Legal Deadline: None

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

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

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


Next Action Undetermined

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 N4638, FP Building, 
Washington, DC 20210
Phone: 202 219-8610

RIN: 1210-AA37
_______________________________________________________________________




1967. 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

[[Page 21518]]

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., N5669, FP Building, Washington, DC 20210
Phone: 202 219-8671

RIN: 1210-AA65
_______________________________________________________________________


DEPARTMENT OF LABOR (DOL)                             Completed Actions


Pension and Welfare Benefits Administration (PWBA)



_______________________________________________________________________




1968. 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
Withdrawn                       02/01/99

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
_______________________________________________________________________




1969. 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 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. 
After 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, the Department 
determined not to adopt the proposed enforcement policy.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Request for Comments            03/13/97                    62 FR 11424
NPRM Comment Period End         05/12/97
Final Action                    11/25/98                    63 FR 65506

Regulatory Flexibility Analysis Required: No

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

[[Page 21519]]

_______________________________________________________________________


DEPARTMENT OF LABOR (DOL)                                 Prerule Stage


Mine Safety and Health Administration (MSHA)



_______________________________________________________________________




1970. OCCUPATIONAL EXPOSURE TO COAL MINE DUST (LOWERING EXPOSURE LIMIT)

Priority:  Other Significant

Legal Authority:  30 USC 811

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

Legal Deadline: None

Abstract: The Federal Coal Mine Health and Safety Act of 1969 
established the first comprehensive respirable dust standards for coal 
mines. These standards were designed to reduce the incidence of coal 
workers' pneumoconiosis (black lung) and silicosis and eventually 
eliminate these diseases. While significant progress has been made 
toward improving the health conditions in our Nation's coal mines, 
miners continue to be at risk of developing occupational lung disease, 
according to the National Institute for Occupational Safety and Health 
(NIOSH). In September 1995, NIOSH issued a Criteria Document in which 
it recommended that the respirable coal mine dust permissible exposure 
limit (PEL) be cut in half. In February 1996, the Secretary of Labor 
convened a Federal Advisory Committee on the Elimination of 
Pneumoconiosis Among Coal Miners (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 represented 
the labor, industry, and academic communities. The Committee submitted 
its report to the Secretary of Labor in November 1996, with the 
majority of the recommendations unanimously supported by the Committee 
members. The Committee recommended that MSHA consider lowering the coal 
dust PEL.

Statement of Need: Respirable coal mine dust levels in this country are 
significantly lower than they were over two decades ago. Despite this 
progress, there continues to be concern about the respirable coal mine 
dust sampling program and its effectiveness in presenting an accurate 
picture of exposure levels in mines. Coal workers exposed after the 
implementation of the current PEL continue to develop pneumoconiosis. 
In response to this concern MSHA undertook an extensive review of the 
Agency's respirable coal mine dust program. The MSHA Coal Mine 
Respirable Dust Task Group, which issued its report in June 1992, found 
that vulnerabilities exist which could impact miner health protection 
and made recommendations for improving the monitoring program. The 
Advisory Committee also addressed this issue and made recommendations.
The Agency has carefully reviewed the NIOSH Criteria Document on 
Occupational Exposure to Respirable Coal Mine Dust and the 
recommendations of the Advisory Committee on Elimination of 
Pneumoconiosis among Coal Mine Workers. MSHA finds that there remains 
unacceptable risk to miners' health at the current exposure limit for 
dust in coal mines.

Alternatives: MSHA will consider all recommendations carefully and will 
seek the public's input into alternatives through the use of an advance 
notice of proposed rulemaking (ANPRM). In the ANPRM, the Agency 
includes suggestions of alternative approaches, e.g., operation 
specific PEL, or an action level to trigger certain protective measures 
to lower this risk to miners' health.

Anticipated Costs and Benefits: Benefits sought are reduced dust levels 
over a miner's working lifetime, the key to eliminating black lung and 
silicosis as a risk to coal miners. Enhanced protection of miners from 
these diseases also will reduce the cost of future black lung benefits 
and lead to lower operator insurance premiums. MSHA is considering a 
rule to reduce the amount of respirable coal mine dust permitted in 
mines but has not yet developed cost estimates. As the Agency proceeds 
with the rulemaking, however, estimates will be developed and made 
available for public review.

Risks: Respirable coal mine dust is one of the most serious 
occupational hazards in the mining industry. Long-term exposure to 
excessive levels of respirable coal mine dust can cause black lung and 
silicosis, which are both potentially disabling and can cause death.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Recommendations Completed       11/26/96                    61 FR 60120
Policy Document-Phase 2         02/03/98                     63 FR 5664
ANPRM                           06/00/99

Regulatory Flexibility Analysis Required: Yes
Small Entities Affected: Businesses

Government Levels Affected: None

Additional Information: This rulemaking is related to RIN 1219-AA81.

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

RIN: 1219-AB08
_______________________________________________________________________




1971.  UNDERGROUND COAL MINING; SELF-CONTAINED SELF-RESCUER 
SERVICE LIFE APPROVAL AND TRAINING

Priority:  Substantive, Nonsignificant

Legal Authority:  30 USC 811; 30 USC 957

CFR Citation:  42 CFR 84; 30 CFR 48.8

Legal Deadline: None

Abstract: Self-contained self-rescuers (SCSRs) are closed circuit 
breathing apparatuses that provide a source of oxygen and greatly 
increase a miner's chance of surviving a mine emergency involving an 
irrespirable atmosphere. Recent experience involving SCSRs stored or 
used in underground coal mines has revealed instances where SCSRs have 
not functioned properly and other instances where the devices have not 
been donned properly, rendering them ineffective. The Agency intends to 
publish a proposed rule to address the appropriate service life of 
SCSRs and the adequacy of training.
During a recent emergency evacuation of a coal mine, the use of SCSRs 
was supplemented by personal emergency devices (PEDs). PEDs are 
communication devices that inform individual miners underground of an 
emergency situation. The use of PEDs during this mine emergency enabled 
all of the miners underground (approximately 70) to escape safely, even 
when one SCSR could not be used. The Agency intends to publish an 
advance notice of proposed rulemaking (ANPRM) to explore the viability 
of implementing a PED type device in underground mines for use in mine 
emergencies. In addition,

[[Page 21520]]

MSHA would address in the ANPRM other issues relating to the effective 
design, implementation and use of SCSRs in underground mines, whether 
metal and nonmetal or coal mines.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           08/00/99

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: Undetermined

Additional Information: This rulemaking includes the metal and nonmetal 
rulemaking RIN 1219-AB06 (Self-Contained Self-Rescue Devices in 
Underground Metal and Nonmetal Mines). This new rulemaking addresses 
SCSRs at both coal and metal and nonmetal mines.

Agency Contact: Carol J. Jones, Acting Director, Office of Standards, 
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-AB19
_______________________________________________________________________


DEPARTMENT OF LABOR (DOL)                           Proposed Rule Stage


Mine Safety and Health Administration (MSHA)



_______________________________________________________________________




1972. 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 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             12/00/99
NPRM Phase 2 - Respiratory 
Protection - Reproposal          To Be                       Determined

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, 
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
_______________________________________________________________________




1973. 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                            10/00/99

Regulatory Flexibility Analysis Required: Yes
Small Entities Affected: Businesses

Government Levels Affected: None

Agency Contact: Carol J. Jones, Acting Director, Office of Standards, 
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
_______________________________________________________________________




1974. 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. 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

[[Page 21521]]

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                            08/00/99

Regulatory Flexibility Analysis Required: Yes
Small Entities Affected: Businesses

Government Levels Affected: None

Agency Contact: Carol J. Jones, Acting Director, Office of Standards, 
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
_______________________________________________________________________




1975. 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 a proposal rule to reflect more flexible requirements.
In 1991, MSHA published a proposed rule to revise portions of the 
existing part 48 regulations. In response to that proposal, we received 
numerous comments from both industry and labor representatives. Some 
commenters recommended that supervisors who are exposed to mine hazards 
receive training under part 48 beyond that required for other miners. 
These comments raised concerns that extended beyond the scope of that 
proposed rule. MSHA has evaluated the merits of these concerns and is 
considering a proposal which would 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

________________________________________________________________________

Begin Review                    10/01/97
Complete Review                 10/30/98
NPRM                            07/00/99

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

Government Levels Affected: State, Local, Tribal

Additional Information: RIN 1219-AB16 (Training and Retraining of 
Miners: Supervisor Training) is combined with this rulemaking.

Agency Contact: Carol J. Jones, Acting Director, Office of Standards, 
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
_______________________________________________________________________




1976. VERIFICATION OF DUST CONTROL PLAN AND CONTINUOUS MONITORING

Priority:  Other Significant

Legal Authority:  30 USC 811; 30 USC 812

CFR Citation:  30 CFR 70; 30 CFR 75; 30 CFR 90

Legal Deadline: None

Abstract: The Federal Mine Safety and Health Act of 1969 established 
the first comprehensive respirable dust standards for coal mines. These 
standards were designed to reduce the incidence of coal workers' 
pneumoconiosis (black lung) and silicosis and eventually eliminate 
these diseases. While significant progress has been made toward 
improving the health conditions in our Nation's coal mines, miners 
continue to be at risk of developing occupational lung disease, 
according to the National Institute for Occupational Safety and Health 
(NIOSH). In February 1996, the Secretary of Labor 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 represented the labor 
industry, and academic communities. The committee submitted its report 
to the Secretary of Labor in November 1996, with the majority of the 
recommendations unanimously supported by the Committee members.
MSHA has completed an in-depth 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. The Agency is giving each recommendation 
careful consideration and has prioritized them for regulatory or 
administrative action.
The Agency will provide information to the mining community as it 
determines how to implement the Advisory Committee recommendations.

Statement of Need: Respirable coal mine dust levels in this country are 
significantly lower than they were over two decades ago. Despite this 
progress, there continues to be concern about the respirable coal mine 
dust sampling program and its effectiveness in presenting an accurate 
picture of exposure levels in mines. MSHA regulations require that all 
underground coal mine operators develop and follow a mine ventilation 
plan approved by the Agency. The dust control portion of the mine 
ventilation plan is the key element of an operator's strategy to 
control respirable dust in the work environment. Although such plans 
are required to be designed to control respirable dust, there is no 
current requirement that provides for early in-mine verification of the 
proposed plan's effectiveness under typical mining conditions. 
Consequently, plans may be implemented that may later be shown as 
inadequate to control respirable dust. To minimize this from occurring, 
the Advisory Committee recommended that

[[Page 21522]]

MSHA should require coal mine operators to verify the adequacy of the 
dust control provisions in new or revised plans by demonstrating that 
the plan will be effective under typical mining conditions.
Therefore, MSHA is considering regulatory actions which would require 
mine operators to verify a plan's adequacy in controlling respirable 
dust. Operators are presented with an alternative program to assure 
that miners' exposures are below the applicable standard on each and 
every shift by measuring respirable coal dust exposures at specified 
approved locations on each and every shift. Continuous monitoring is an 
option which would be conducted in lieu of sampling and reporting 
requirements specified in subpart C of 30 CFR part 70 and 90, as well 
as removing elements of ventilation verification plans.

Alternatives: In developing the proposed rule, MSHA will consider 
alternatives related to typical production levels and the use of 
appropriate dust control strategies.

Anticipated Costs and Benefits: Benefits sought are reduced dust levels 
over a miner's working lifetime by the elimination of over-exposures to 
respirable coal dust on each and every production shift, the key to 
eliminating black lung and silicosis as a risk to coal miners. Enhanced 
protection of miners from these diseases will reduce the cost of future 
black lung benefits and lead to lower operator insurance premiums. MSHA 
is in the early stages of developing proposed rules and does not have 
cost estimates. As we proceed, however, we will develop estimates and 
make them available for public review.

Risks: Respirable coal mine dust is one of the most serious 
occupational hazards in the mining industry. Long-term exposure to 
excessive levels of respirable coal mine dust can cause black lung and 
silicosis, which are both potentially disabling and can cause death. 
MSHA is pursuing both regulatory and nonregulatory actions to eliminate 
pneumoconiosis through the control of coal mine respirable dust levels 
in mines and the reduction of miners' exposure.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Recommendations Completed       11/26/96                    61 FR 60120
Policy Document-Phase 2         02/03/98                     63 FR 5664
NPRM                            09/00/99

Regulatory Flexibility Analysis Required: Yes
Small Entities Affected: Businesses

Government Levels Affected: None

Additional Information: This rulemaking is related to RIN 1219-AB18.

Agency Contact: Carol J. Jones, Acting Director, Office of Standards, 
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-AB14
_______________________________________________________________________




1977.  TRAINING AND RETRAINING OF MINERS ENGAGED IN SHELL 
DREDGING OR EMPLOYED AT SAND, GRAVEL SURFACE STONE, SURFACE CLAY, 
COLLOIDAL PHOSPHATE, OR SURFACE LIMESTONE MINES

Priority:  Other Significant

Legal Authority:  30 USC 811; 30 USC 825

CFR Citation:  30 CFR 46

Legal Deadline:  Final, Statutory, September 30, 1999.

Abstract: Section 115 of the Federal Mine Safety and Health Act of 1977 
requires that each mine operator have a health and safety training 
program, and that new miners at surface mines receive no less than 24 
hours of health and safety training. On October 13, 1978, MSHA 
published regulations at 30 CFR part 48 that implemented the miner 
training provisions. In 1979, various segments of the metal and 
nonmetal mining industry raised concerns with Congress regarding the 
appropriateness of applying the requirements of part 48 to their 
operations. Congress responded by inserting language in the Department 
of Labor's appropriations bill for fiscal year 1980 that prohibited the 
expenditure of appropriated funds to carry out Section 115 of the Mine 
Act relating to the enforcement of any training requirements with 
respect to shell dredging, sand, gravel, surface stone, surface clay, 
colloidal phosphate or surface limestone mines (``exempted 
industries'').
Over the last several years, the number of fatalities at the exempted 
industries has increased steadily. In addition, MSHA's fatal accident 
investigations have shown that the majority of victims at the exempted 
industries have not received safety and health training in accordance 
with the Mine Act. Congress has included language in MSHA's Fiscal Year 
1999 appropriation that directs MSHA to promulgate training regulations 
that are appropriate for the exempted industries. The proposed rule 
would implement the training and retraining requirements contained in 
the Mine Act for the identified segments of the mining industry.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Notice of Public Hearings       11/03/98                    63 FR 59258
NPRM                            04/00/99
Final Action                    09/00/99

Regulatory Flexibility Analysis Required: Yes
Small Entities Affected: Businesses

Government Levels Affected: State, Local, Tribal

Agency Contact: Carol J. Jones, Acting Director, Office of Standards, 
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-AB17
_______________________________________________________________________




1978.  DETERMINATION OF CONCENTRATION OF RESPIRABLE COAL MINE 
DUST

Priority:  Other Significant

Legal Authority:  30 USC 811

CFR Citation:  30 CFR 70; 30 CFR 71; 30 CFR 72; 30 CFR 90

Legal Deadline: None

Abstract: This proposal will address the United States Court of 
Appeals' final decision and order in National Mining Association v. 
Secretary of Labor, issued September 4, 1998. This NPRM will include a 
joint finding

[[Page 21523]]

between the National Institute for Occupational Safety and Health and 
MSHA that single, full-shift measurements will accurately represent the 
average dust concentrations to which miners are exposed. This proposal 
will address the Mine Act's requirement that miners' exposure to 
respirable coal dust be below the applicable standard on each and every 
shift. This proposal will present the use of single, full-shift 
respirable dust exposure measurements collected by MSHA to determine 
noncompliance when the applicable respirable coal dust standard is 
exceeded.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            09/00/99

Regulatory Flexibility Analysis Required: Yes
Small Entities Affected: Businesses

Government Levels Affected: None

Agency Contact: Carol J. Jones, Acting Director, Office of Standards, 
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-AB18
_______________________________________________________________________


DEPARTMENT OF LABOR (DOL)                              Final Rule Stage


Mine Safety and Health Administration (MSHA)



_______________________________________________________________________




1979. HAZARD COMMUNICATION

Priority:  Substantive, Nonsignificant

Legal Authority:  30 USC 811

CFR Citation:  30 CFR 120

Legal Deadline: None

Abstract: Today's complex mining environment subjects miners to well-
known hazards, such as coal mine dust and crystalline silica; to 
emerging hazards, including hazardous wastes burned as fuel supplements 
at cement kilns; and to changing hazards from the many chemicals 
brought onto mine property. This rule would provide miners with the 
means to receive necessary information on the hazards of chemicals to 
which they are exposed and the actions necessary to protect them from 
such hazards. In developing this rule, MSHA has reviewed OSHA's hazard 
communication standard, information collected by NIOSH, and public 
comments. For its final rule, MSHA intends to publish a user-friendly 
regulation which will facilitate compliance by mine operators, while 
providing increased health and safety protection to miners.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           03/30/88                    53 FR 10257
ANPRM Comment Period End        07/31/88
NPRM                            11/02/90                    55 FR 46400
NPRM Comment Period End         01/31/92                    56 FR 48720
Reopen Record                   03/30/99                    64 FR 15144
Final Action                    09/00/99

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, 
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
_______________________________________________________________________




1980. NOISE STANDARD

Priority:  Other Significant

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

Legal Authority:  30 USC 811; 30 USC 813

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

Legal Deadline: None

Abstract: Notwithstanding MSHA's firm enforcement of its current noise 
regulations, miners are continuing to incur hearing impairment. Data 
indicate that hearing impairment can be reduced significantly, however, 
if effective protective action is used both to reduce or eliminate the 
noise and to minimize exposure to the noise. MSHA has published a 
proposed rule applicable to all types of mining which would require 
that protective measures be taken where exposure to noise is at a level 
lower than that which is currently permitted. The final rule would 
address, for example, a hearing conservation plan and an ``action 
level.''
Consistent with the Mine Act and in response to comments, the final 
rule would include a new provision providing affected miners and their 
representatives with an opportunity to observe required operator 
monitoring.

Statement of Need: MSHA's existing standards, in spite of enforcement 
efforts, do not provide adequate protection against exposure to 
hazardous occupational noise levels. Several factors have shown that 
there is a need to replace the existing standards so that miners are 
adequately protected. One factor is that miners are continuing to incur 
occupational, noise-induced hearing loss. Another factor is that 
existing MSHA standards no longer reflect the opinions of experts or 
the current scientific evidence. In addition, MSHA's current noise 
standards for coal mines differ from those for metal and nonmetal 
mines. MSHA's final rule will provide consistent requirements for all 
mines.
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 final rule would implement section 
103(c) of the Mine Act.

Summary of the Legal Basis: Section 101(a) of the Mine Act requires 
that MSHA's promulgation of health standards adequately assure, on the 
basis of the best available evidence, that no miner will suffer 
material impairment of health or functional capacity over the miner's 
working lifetime. In addition to the attainment

[[Page 21524]]

of the highest degree of health and safety protection for the miner, 
the Mine Act requires that factors, such as the latest scientific data 
in the field, the feasibility of the standard, and the experience 
gained under the Mine Act and other health and safety laws, be 
considered when promulgating mandatory standards pertaining to toxic 
materials or harmful physical agents.

Alternatives: MSHA published a proposed rule which requested comments 
and data on a number of regulatory alternatives. In addition, MSHA held 
six public hearings providing the public an opportunity to comment on 
the noise proposal and submit data. Based upon its own research and 
experience, and data and information submitted to the record, MSHA is 
considering the respective roles of engineering controls and 
administrative controls and the use of personal hearing protection in 
controlling noise exposure; lowering the permissible exposure level and 
implementing a new action level; the lowering of the exchange rate; and 
the parameters and criteria for audiometric testing, exposure 
monitoring, and miner training. The proposed rule reflected the 
Agency's tentative decisions on these alternatives, mindful of their 
economic impact on small mines. The final rule will derive from MSHA's 
deliberations and decisions on the issues and alternatives.

Anticipated Costs and Benefits: MSHA prepared an analysis of benefits 
which compared the numbers of miners projected to incur a material 
impairment of hearing under the existing standards and under the 
proposal. At this stage in the development of the final rule, MSHA 
anticipates that the rule would prevent about 709 incidents of 
occupationally related material impairments of hearing per year. MSHA 
anticipates that the incremental annual cost of the final rule would be 
about $8.7 million. Since the final rule is still under development, 
these estimates are preliminary.

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

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           12/04/89                    54 FR 50209
ANPRM Comment Period End        06/22/90                     55 FR 6011
NPRM                            12/17/96                    61 FR 66348
Extension of Comment Period to 
4/21/97; Notice of Public 
Hearings                        02/06/97                     62 FR 5554
Hearings - Date Change Extension 
of Comment Period to 6/20/97    03/03/97                     62 FR 9404
Extension of Comment Period to 
8/1/97                          06/13/97                    62 FR 32252
NPRM Comment Period End         08/01/97                    62 FR 32252
Availability of Report          12/16/97                    62 FR 65777
Request for Comments 
Availability                    12/23/97                    62 FR 67013
Extension of Comment Period     01/16/98                     63 FR 2642
National Environmental Policy 
Act                             05/26/98                    63 FR 28496
Final Action                    07/00/99

Regulatory Flexibility Analysis Required: Yes
Small Entities Affected: Businesses

Government Levels Affected: State, Local, Tribal

Additional Information: On December 31, 1997, MSHA issued a proposed 
rule on Observation of Operator Noise Monitoring (RIN 1219-AB05) (62 FR 
68468). On April 10, 1998, the Agency issued a notice announcing 
extension of comment period and close of record (63 FR 17781). The 
Agency has combined this rulemaking with the Noise rule (RIN 1219-
AA53).

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

RIN: 1219-AA53
_______________________________________________________________________




1981. 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

[[Page 21525]]

Reopen Record                   04/00/99
Final Action                    07/00/99

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, 
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
_______________________________________________________________________




1982. 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                    12/00/99

Regulatory Flexibility Analysis Required: Yes
Small Entities Affected: Businesses

Government Levels Affected: Federal

Agency Contact: Carol J. Jones, Acting Director, Office of Standards, 
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
_______________________________________________________________________




1983. REQUIREMENTS FOR APPROVAL OF FLAME-RESISTANT CONVEYOR BELTS

Priority:  Substantive, Nonsignificant

Legal Authority:  30 USC 957; 30 USC 811

CFR Citation:  30 CFR 14; 30 CFR 18; 30 CFR 75

Legal Deadline: None

Abstract: The final rule would implement new procedures and 
requirements for testing and approval of flame-resistant conveyor belts 
to be used in underground mines. These revisions would replace the 
existing flame test for conveyor belts. Current regulations require 
that conveyor belts be flame-resistant in accordance with 
specifications of the Secretary. As part of this rulemaking, the Agency 
also would promulgate conforming amendments to relevant safety 
standards.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            12/24/92                    57 FR 61524
NPRM Comment Period End         03/26/93                     58 FR 8028
Public Hearing                  05/02/95                    60 FR 16589
Record Closed                   06/05/95                    60 FR 16558
Extension of Comment Period     02/05/96                    60 FR 65509
Reopen Record                   04/00/99
Final Action                    07/00/99

Regulatory Flexibility Analysis Required: Yes
Small Entities Affected: Businesses

Government Levels Affected: None

Agency Contact: Carol J. Jones, Acting Director, Office of Standards, 
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
_______________________________________________________________________




1984. 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.

[[Page 21526]]

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, 24, and 75           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                04/00/99
Final Rule - Phase 3 Update of 
Reference IR 1240               04/00/99
Final Rule - Phase 4 Part 75 
Subpart S                       04/00/99
NPRM - Phase 5 Miscellaneous 
Technology Improvements          To Be                       Determined

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, 
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
_______________________________________________________________________




1985. SAFETY STANDARDS FOR UNDERGROUND COAL MINE VENTILATION--PRESHIFT 
EXAMINATION INTERVALS

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 
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                    04/00/99

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, 
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)



_______________________________________________________________________




1986. 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                             To Be                       Determined

Regulatory Flexibility Analysis Required: Yes
Small Entities Affected: Businesses

Government Levels Affected: None

[[Page 21527]]

Agency Contact: Carol J. Jones, Acting Director, Office of Standards, 
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
_______________________________________________________________________




1987. DIESEL PARTICULATE MATTER (EXPOSURE OF UNDERGROUND COAL MINERS)

Priority:  Other Significant

Legal Authority:  30 USC 811; 30 USC 813; 30 USC 957; 30 USC 961

CFR Citation:  30 CFR 72; 30 CFR 75

Legal Deadline: None

Abstract: Several epidemiological studies have found that diesel 
exhaust presents potential health risks to workers. These possible 
health effects range from headaches and nausea to respiratory disease 
and cancer. In 1988, the National Institute for Occupational Safety and 
Health recommended that ``whole diesel exhaust be regarded as a 
potential occupational carcinogen.'' In addition, in 1989 the 
International Agency for Research on Cancer concluded that ``diesel 
engine exhaust is probably carcinogenic to humans.''
In 1988, an advisory committee made recommendations to the Secretary of 
Labor concerning safety and health standards for the use of diesel-
powered equipment in underground coal mines. One of the recommendations 
was that the Secretary of Labor set in motion a mechanism whereby a 
diesel particulate standard could be set. Based on that recommendation, 
MSHA published an advance notice of proposed rulemaking, in January 
1992, seeking information relative to exposure limits, risk assessment, 
sampling and monitoring methods, and control feasibility. In April 
1998, MSHA issued a proposed rule to control diesel particulate matter 
in underground coal mines.

Statement of Need: The use of diesel-powered equipment in underground 
mines has increased significantly and rapidly during the past decade. 
MSHA estimates that approximately 13,000 miners are occupationally 
exposed to diesel exhaust emissions in underground mines.
Several epidemiological studies have shown a positive carcinogenic risk 
associated with exposure to diesel exhaust. Other reported health 
effects associated with exposure to diesel exhaust include dizziness, 
drowsiness, headaches, nausea, decreased visual acuity, and forced 
expiratory volume. In addition, studies by MSHA and the former Bureau 
of Mines show that miners working in underground mining operations that 
use diesel equipment are probably the most heavily exposed workers of 
any occupational group. Based on the levels of diesel particulate 
measured in underground mining operations and the evidence of adverse 
health effects associated with exposure to diesel exhaust, MSHA is 
concerned about the potential health risk to miners. The proposed rule 
would control exposure of miners to diesel particulate matter by 
requiring the installation of high-efficiency filters on diesel powered 
equipment to trap diesel particulates before they enter the mine 
atmosphere.

Alternatives: In the fall of 1995, MSHA held a series of public 
workshops to gather suggestions for possible approaches to limit 
miners' exposure to diesel particulate. In addition, over the past 10 
years, MSHA and the former Bureau of Mines have conducted research on 
methodologies for the measurement and control of diesel particulate in 
the mining environment. This research has demonstrated that the use of 
low sulfur fuel, good engine maintenance, exhaust after-treatment, new 
engine technology, and optimized application of ventilating air all 
play a role in reducing miners' exposure to diesel exhaust particulate 
matter.
MSHA considered establishing a PEL for diesel particulate, but found 
that technology for measuring it in the presence of coal mine dust is 
not currently feasible. MSHA encourages the mining community to 
continue to voluntarily use protective measures to address exposure to 
diesel exhaust. In addition, the proposal provides for MSHA technical 
assistance to operators and a phased-in period for compliance.

Anticipated Costs and Benefits: MSHA estimates that the per year 
compliance costs are just over $10 million, of which underground coal 
mine operators would incur about $10 million and manufacturers of 
diesel engines and equipment would incur about $14,000.
The proposed rule would reduce a significant health risk to underground 
miners, reducing the potential for acute sensory irritations and 
respiratory symptoms, lung cancer, and premature death, along with the 
attendant suffering and costs thereof to their employees, their 
families, and society.

Risks: Several epidemiological studies have found that exposure to 
diesel exhaust presents potential health risks to workers. In addition, 
laboratory tests have shown diesel exhaust to be carcinogenic in rats, 
as well as toxic and mutagenic. These potential adverse health effects 
range from headaches and nausea to respiratory disease and cancer. In 
the confined space of the underground mine environment, occupational 
exposure to diesel exhaust may present a greater hazard due to 
ventilation limitations and the presence of other airborne 
contaminants, such as toxic mine dusts or mine gases. The Agency 
believes that the health evidence forms a reasonable basis for 
exploring possible methods to reduce miners' exposure to diesel 
particulate.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           01/06/92                      57 FR 500
ANPRM Comment Period End        07/10/92                     57 FR 7906
NPRM                            04/09/98                    63 FR 17492
Notice Significant Environment 
Impact                          07/14/98                    63 FR 37796
Extension of Comment Period 
Extension of Comment Period     08/05/98                    63 FR 41755
Hearing Close of Record         10/19/98                    63 FR 55811
Final Action                    06/00/00

Regulatory Flexibility Analysis Required: Yes
Small Entities Affected: Businesses

Government Levels Affected: Undetermined

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

RIN: 1219-AA74


_______________________________________________________________________



[[Page 21528]]

1988. BELT ENTRY USE AS INTAKE AIRCOURSE 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                            06/00/00

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, 
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
_______________________________________________________________________




1989. 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                             To Be                       Determined

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: None

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

RIN: 1219-AA90
_______________________________________________________________________




1990. 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 and will determine if rulemaking or some 
other alternative other than rulemaking can address the problem with 
roof-bolting machines.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

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

Regulatory Flexibility Analysis Required: Yes
Small Entities Affected: Businesses

Government Levels Affected: None

Agency Contact: Carol J. Jones, Acting Director, Office of Standards, 
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
_______________________________________________________________________




1991. 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

[[Page 21529]]

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                             To Be                       Determined

Regulatory Flexibility Analysis Required: Yes
Small Entities Affected: Businesses

Government Levels Affected: None

Agency Contact: Carol J. Jones, Acting Director, Office of Standards, 
Department of Labor, Mine Safety and Health Administration, 4015 Wilson 
Boulevard, Room 631, Arliington, VA 22203
Phone: 703 235-1910
Fax: 703 235-5551
Email: [email protected]

RIN: 1219-AA96
_______________________________________________________________________




1992. 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                             To Be                       Determined

Regulatory Flexibility Analysis Required: Yes
Small Entities Affected: Businesses

Government Levels Affected: None

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

RIN: 1219-AB01
_______________________________________________________________________




1993. DIESEL PARTICULATE MATTER (EXPOSURE OF UNDERGROUND METAL AND 
NONMETAL MINERS)

Priority:  Other Significant

Legal Authority:  30 USC 811; 30 USC 813(h); 30 USC 961; 30 USC 957

CFR Citation:  30 CFR 57

Legal Deadline: None

Abstract: Several epidemiological studies have found that diesel 
exhaust presents potential health risks to workers. These possible 
health effects range from headaches and nausea to respiratory disease 
and cancer. In 1988, the National Institute for Occupational Safety and 
Health recommended that ``whole diesel exhaust be regarded as a 
potential occupational carcinogen.'' In addition, in 1989, the 
International Agency for Research on Cancer concluded that ``diesel 
engine exhaust is probably carcinogenic to humans.''
In 1988, an advisory committee made recommendations to the Secretary of 
Labor concerning safety and health standards for the use of diesel-
powered equipment in underground coal mines. One of the recommendations 
was that the Secretary of Labor set in motion a mechanism whereby a 
diesel particulate standard could be set. Based on that recommendation, 
MSHA published an Advance Notice of Proposed Rulemaking (ANPRM) in 
January 1992, seeking information relative to exposure limits, risk 
assessment, sampling and monitoring methods, and control feasibility. 
In April 1998, MSHA issued a proposed rule to control diesel 
particulate matter in underground coal mines. The underground coal 
proposal would require the use of a very effective control technology 
(filters) to reduce exposures, because of a problem with measuring 
diesel particulate matter in coal mines.
In October 1998, MSHA published a proposed rule for underground metal 
nonmetal mines that would establish a concentration limit for diesel 
particulate matter. The proposed rule would also require the use of 
engineering and work practice controls to reduce diesel particulate 
matter. Underground metal and nonmetal mine operators would also be 
required to implement certain ``best practice'' work controls.

Statement of Need: The use of diesel-powered equipment in underground 
mines has increased significantly and rapidly during the past decade. 
MSHA estimates that about 7,500 miners working in production or 
development areas are occupationally exposed to diesel exhaust 
emissions in underground metal and nonmetal mines.
Several epidemiological studies have shown a positive carcinogenic risk 
associated with exposure to diesel exhaust. Other reported health 
effects associated with exposure to diesel exhaust include dizziness, 
drowsiness, headaches, nausea, decreased visual activity, and decreased 
forced expiratory volume. In addition, studies by MSHA and the former 
Bureau of Mines show that miners working in underground mining 
operations that use diesel equipment are probably the most heavily 
exposed workers of any

[[Page 21530]]

occupational group. Based on the levels of diesel particulate measured 
in underground mining operations and the evidence of adverse health 
effects associated with exposure to diesel exhaust, MSHA is concerned 
about the potential health risk to miners. The proposed rule for 
underground metal and nonmetal mines would establish a concentration 
limit for diesel particulate matter.

Alternatives: In the fall of 1995, MSHA held a series of public 
workshops to gather suggestions for possible approaches to limit 
miners' exposure to diesel particulate. In addition, over the past 10 
years, MSHA and the former Bureau of Mines have conducted research on 
methodologies for the measurement and control of diesel particulate in 
the mining environment. This research has demonstrated that the use of 
low sulfur fuel, good engine maintenance, exhaust after-treatment, new 
engine technology, and optimized application of ventilating air all 
play a role in reducing miners' exposure to diesel exhaust particulate 
matter.
MSHA encourages the mining community to continue to voluntarily use 
protective measures to address exposure to diesel exhaust. In addition, 
the proposal provides for MSHA technical assistance to operators and a 
phase-in period for compliance.

Anticipated Costs and Benefits: MSHA estimates that the compliance 
costs for underground metal and nonmetal operators would be 
approximately $19 million. The compliance costs to manufacturers are 
assumed to be passed through to underground metal and nonmetal 
operators and therefore, they would not incur any direct costs as a 
result on the rule. The proposed rule would reduce a significant health 
risk to underground miners, reducing the potential for acute sensory 
irritations and respiratory symptoms, lung cancer, and premature death, 
along with the attendant suffering and costs thereof to their 
employees, their families, and society. In addition to savings related 
to acute health effects, MSHA estimates that some lung cancer would 
also be avoided.

Risks: Several epidemiological studies have found that exposure to 
diesel exhaust presents potential health risks to workers. Laboratory 
tests have shown diesel exhaust to be carcinogenic in rats, as well as 
toxic and mutagenic. Potential adverse health effects range from 
headaches and nausea to respiratory disease and cancer. In the confined 
space of the underground mine environment, occupational exposure to 
diesel exhaust may present a greater hazard due to ventilation 
limitations and the presence of other airborne contaminants, such as 
toxic mine dusts or mine gases. The Agency believes that the health 
evidence forms a reasonable basis for reducing miners' exposure to 
diesel particulate.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           01/06/92                      57 FR 500
ANPRM Comment Period End        07/10/92                     57 FR 7906
NPRM                            10/29/98                    63 FR 58104
Extension of Comment Period     02/12/99                     64 FR 7144
Comment Period End              02/26/99                    63 FR 58104
Public Hearings                 03/24/99                    64 FR 14200
Final Action                    06/00/00

Regulatory Flexibility Analysis Required: Yes
Small Entities Affected: Businesses

Government Levels Affected: None

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

RIN: 1219-AB11
_______________________________________________________________________




1994. 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:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                             To Be                       Determined

Regulatory Flexibility Analysis Required: Yes
Small Entities Affected: Businesses

Government Levels Affected: None

Agency Contact: Carol J. Jones, Acting Director, Office of Standards, 
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)



_______________________________________________________________________




1995. 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

________________________________________________________________________

Withdrawn                       02/18/99

[[Page 21531]]

Regulatory Flexibility Analysis Required: Yes
Small Entities Affected: Businesses

Government Levels Affected: None

Additional Information: This rulemaking is withdrawn from the agenda 
and combined with RIN 1219-AA76, Belt Entry Ventilation.

Agency Contact: Carol J. Jones, Acting Director, Office of Standards, 
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
_______________________________________________________________________




1996. 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

________________________________________________________________________

Integrated With RIN 1219-AB19   02/18/99

Regulatory Flexibility Analysis Required: Yes
Small Entities Affected: Businesses

Government Levels Affected: None

Additional Information: This rulemaking is withdrawn from agenda and 
combined with RIN 1219-AB19-Underground Coal Mining; Self-Contained 
Self-Rescuer Approval Requirements Service Life Approval and Training 
and Use; Personal Emergency Devices.

Agency Contact: Carol J. Jones, Acting Director, Office of Standards, 
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
_______________________________________________________________________




1997. X-RAY SURVEILLANCE PROGRAM FOR SURFACE COAL MINERS

Priority:  Other Significant

Legal Authority:  30 USC 811; 30 USC 812

CFR Citation:  30 CFR 70; 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 
(NIOSH). In February 1996, the Secretary of Labor 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 represented the labor 
industry, and academic communities. The Committee submitted its report 
to the Secretary of Labor in November 1995, with the majority of the 
recommendations unanimously supported by the Committee members.
MSHA has completed an indepth 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. The Agency is giving each careful 
consideration and has prioritized them for regulatory or administrative 
action.
The Agency will provide information to the mining community as it 
determines how to implement the Advisory Committee recommendations.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Recommendations Completed       11/26/96                    61 FR 60120
Policy Document-Phase 2         02/03/98                     63 FR 5664
Withdrawn                       02/18/99

Regulatory Flexibility Analysis Required: Yes
Small Entities Affected: Businesses

Government Levels Affected: None

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

RIN: 1219-AB09
_______________________________________________________________________




1998. 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

[[Page 21532]]

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

________________________________________________________________________

Integrated With RIN 1219-AB02   02/18/99

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

Government Levels Affected: State, Local

Additional Information: This rulemaking is withdrawn from the agenda 
and is combined with RIN 1219-AB02.

Agency Contact: Carol J. Jones, Acting Director, Office of Standards, 
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)                           Proposed Rule Stage


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



_______________________________________________________________________




1999. 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                            09/00/99

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
_______________________________________________________________________


DEPARTMENT OF LABOR (DOL)                              Final Rule Stage


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



_______________________________________________________________________




2000. 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              04/00/99

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 S5520, 
FP Building, Washington, DC 20210
Phone: 202 219-9174
Fax: 202 219-9440
Email: [email protected]

RIN: 1291-AA26
_______________________________________________________________________




2001. 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

[[Page 21533]]

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              04/00/99

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 S5520, 
FP Building, Washington, DC 20210
Phone: 202 219-9174
Fax: 202 219-9440
Email: [email protected]

RIN: 1291-AA27
_______________________________________________________________________




2002. 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

________________________________________________________________________

Interim Final Rule              04/00/99

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)                             Long-Term Actions


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



_______________________________________________________________________




2003. 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

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 S5520, 
FP Building, Washington, DC 20210
Phone: 202 219-9174
Fax: 202 219-9440
Email: [email protected]

RIN: 1291-AA20
_______________________________________________________________________




2004. 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

[[Page 21534]]

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                            12/29/98                    63 FR 71714
NPRM Comment Period End         03/01/99
Final Action                    09/00/00

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
_______________________________________________________________________


DEPARTMENT OF LABOR (DOL)                                 Prerule Stage


Occupational Safety and Health Administration (OSHA)



_______________________________________________________________________




2005. STANDARDS ADVISORY COMMITTEE ON METALWORKING FLUIDS

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

Unfunded Mandates: Undetermined

Legal Authority:  29 USC 655(b)(1); 29 USC 656(b)

CFR Citation:  29 CFR 1910

Legal Deadline: None

Abstract: In December 1993, the International Union, United Automobile 
Aerospace and Agricultural Implement Workers of America petitioned OSHA 
to take emergency regulatory action to protect workers from the risks 
of occupational cancers and respiratory illnesses due to exposure to 
metalworking fluids. OSHA sent an interim response to the UAW stating 
that the decision to proceed with rulemaking would depend on the 
results of the OSHA Priority Planning Process. Following the Priority 
Planning Process report, which identified metalworking fluids as an 
issue worthy of Agency action, the Assistant Secretary asked the 
National Advisory Committee on Occupational Safety and Health (NACOSH) 
for a recommendation about how to proceed with metalworking fluids. 
NACOSH unanimously recommended that OSHA form a Standards Advisory 
Committee (SAC) to address the health risks caused by occupational 
exposure to metalworking fluids. The Assistant Secretary accepted the 
recommendation of NACOSH; OSHA has established a 15-member SAC to make 
recommendations regarding a standard, a guideline, or other appropriate 
response to the dangers of occupational exposures to metalworking 
fluids. The Committee has a balanced membership, including individuals 
appointed to represent the following affected interests: industry; 
labor; Federal and State safety and health organizations; professional 
organizations; and national standards-setting groups.

Statement of Need: Under table Z-1 of the 1971 air contaminants rule, 
OSHA enforces a permissible exposure limit of 5 mg/m3 for mineral oil 
mists but evidence suggests this level is outdated and that exposure to 
metalworking fluids can lead to cancer, nonmalignant lung disease, and 
dermatitis. Giving a SAC the opportunity to examine and comment upon 
current studies and data concerning the risks associated with all 
metalworking fluid mixtures (straight oils, synthetic, and 
semisynthetic) will provide valuable information the Agency can use to 
develop a proposed rule for metalworking fluids or other appropriate 
response to hazards posed by occupational exposure to metalworking 
fluids. The SAC will also report on related issues such as fluid 
management, engineering controls, medical surveillance, and economic 
and technological feasibility.

Summary of the Legal Basis: The legal basis for convening this 
standards advisory committee is found at section 7(b) of the OSH Act.

Alternatives: The Agency recognizes the complex and difficult nature of 
the issues surrounding the regulation of metalworking fluids and 
believes a SAC can best alleviate some areas of confusion. The 
Committee has a unique opportunity to provide needed data and academic 
and professional expertise, as well as large and small industry and 
labor perspectives. Through OSHA's exhaustive Priority Planning Process 
and NACOSH recommendations, metalworking fluids were identified as a 
regulatory candidate that could be handled most successfully through a 
SAC. The option of going directly to 6(b) rulemaking has been bypassed 
in favor of a SAC, which will give beneficial input to the agency as to 
how best to deal with the problems and the opportunity to build some 
consensus before a proposal is issued.

Anticipated Costs and Benefits: Because the SAC is still considering 
the issues, the form of the Committee's recommendations is unknown at 
the present time. However, once the SAC report is written, OSHA will 
review it and determine whether to proceed with a proposed rule and 
other actions to protect employees. Quantitative estimates of costs and 
benefits will be made only after the proposed rule has been drafted.

Risks: OSHA has not yet assessed the risks confronting workers exposed 
to metalworking fluids, although the National Institute for 
Occupational Safety and Health has published risk estimates for some of 
the adverse health effects of interest to the SAC.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Appointed Members               07/11/97
Charter Approved                08/15/97
Committee Meeting               09/18/98
SAC Information to Asst Secy    09/00/99

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: Undetermined

Additional Information: The Agency is particularly concerned with the 
potential impact a metalworking fluids rule would have on small 
businesses. OSHA has been working closely with the Small Business 
Administration to reach small employers in order to involve them in the 
process at the earliest possible time. At least 30 small

[[Page 21535]]

business interests have been identified to date. The Agency is required 
to have balanced committee representation and small business is 
represented on the SAC.

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: 202 693-1950
Fax: 202 693-1678

RIN: 1218-AB58
_______________________________________________________________________




2006. 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                 06/00/99

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Agency Contact: Marthe B. Kent, Director, Directorate of Safety 
Standards Programs, Department of Labor, Occupational Safety and Health 
Administration, 200 Constitution Avenue NW., Room N3641, FP Building, 
Washington, DC 20210
Phone: 202 693-2222
Fax: 202 693-1663

RIN: 1218-AB59
_______________________________________________________________________




2007. 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 1999.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Begin Review                    10/01/96
Complete Review                 12/00/99

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Agency Contact: Ross Eisenbery, Director, Directorate of Policy, 
Department of Labor, Occupational Safety and Health Administration, 200 
Constitution Avenue NW., Room N3641, FP Building, Washington, DC 20210
Phone: 202 693-2400
Fax: 202 693-1641

RIN: 1218-AB60
_______________________________________________________________________




2008. FALL PROTECTION IN THE CONSTRUCTION INDUSTRY

Priority:  Substantive, Nonsignificant

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

CFR Citation:  29 CFR 1926

Legal Deadline: None

Abstract: OSHA intends to issue an ANPRM to gather information on the 
feasibility of fall protection in certain construction processes, such 
as residential home building, precast concrete operations, and post 
frame construction. OSHA is preparing to raise 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 to construction projects. These issues 
have arisen since OSHA revised the fall protection standard in August 
1994. These issues will be raised in an advance notice of proposed 
rulemaking, which will be published this year.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           12/00/99

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Agency Contact: Russell B. Swanson, Director, Directorate of 
Construction, Department of Labor, Occupational Safety and Health 
Administration, 200 Constitution Avenue NW., Room S1506, FP Building, 
Washington, DC 20210
Phone: 202 693-2020
Fax: 202 693-1689

RIN: 1218-AB62
_______________________________________________________________________




2009. PROCESS SAFETY MANAGEMENT OF HIGHLY HAZARDOUS CHEMICALS

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

Unfunded Mandates: Undetermined

[[Page 21536]]

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 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   To Be                       Determined

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: Undetermined

Agency Contact: Marthe B. Kent, Director, Directorate of Safety 
Standards Programs, Department of Labor, Occupational Safety and Health 
Administration, 200 Constitution Avenue NW., Room N3641, FP Building, 
Washington, DC 20210
Phone: 202 693-2222
Fax: 202 693-1663

RIN: 1218-AB63
_______________________________________________________________________




2010. 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 gathering information 
on scaffolds 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; and (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                           04/00/99

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Agency Contact: Russell B. Swanson, Director, Directorate Of 
Construction, Department of Labor, Occupational Safety and Health 
Administration, 200 Constitution Avenue NW., Room S1506, FP Building, 
Washington, DC 20210
Phone: 202 693-2020
Fax: 202 693-1689
Email: [email protected]

RIN: 1218-AB68
_______________________________________________________________________




2011. 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: Ross Eisenbrey, Director, Directorate of Policy, 
Department of Labor, Occupational Safety and Health Administration, 200 
Constitution Avenue NW., Room N3641, FP Building, Washington, DC 20210
Phone: 202 693-2043
Fax: 202 693-1641

RIN: 1218-AB73
_______________________________________________________________________




2012. 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: Ross Eisenbrey, Director, Directorate of Policy, 
Department of Labor, Occupational Safety and Health Administration, 200 
Constitution Avenue NW., Room N3641, FP Building, Washington, DC 20210

[[Page 21537]]

Phone: 202 693-2043
Fax: 202 693-1641

RIN: 1218-AB74
_______________________________________________________________________


DEPARTMENT OF LABOR (DOL)                           Proposed Rule Stage


Occupational Safety and Health Administration (OSHA)



_______________________________________________________________________




2013. 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                   04/00/99

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: Undetermined

Agency Contact: Marthe B. Kent, 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: 202 693-2222
Fax: 202 693-1663

RIN: 1218-AA70
_______________________________________________________________________




2014. PREVENTION OF WORK-RELATED MUSCULOSKELETAL DISORDERS

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

Unfunded Mandates: Undetermined

Legal Authority:  29 USC 651; 29 USC 652; 29 USC 655; 29 USC 657; 33 
USC 941; 40 USC 333

CFR Citation:  29 CFR 1910; 29 CFR 1915

Legal Deadline: None

Abstract: Work-related musculoskeletal disorders (MSDs) are a leading 
cause of pain, suffering, and disability in American workplaces. Since 
the 1980's, the Occupational Safety and Health Administration (OSHA) 
has had a number of initiatives related to addressing these problems, 
including enforcement under the general duty clause, issuance of 
guidelines for the meatpacking industry, and development of other 
compliance-assistance materials.
Ultimately, the Agency decided that, given the magnitude of the 
problem, a regulatory approach should be explored to ensure that the 
largest possible number of employers and employees become aware of the 
problems and ways of preventing work-related musculoskeletal disorders. 
OSHA has examined and analyzed the extensive scientific literature 
documenting the problem of work-related musculoskeletal disorders, the 
causes of the problem, and effective solutions; conducted a telephone 
survey of over 3,000 establishments regarding their current practices 
to prevent work-related musculoskeletal disorders; and completed a 
number of site visits to facilities with existing programs. The Agency 
has also held numerous stakeholder meetings to solicit input from 
individuals regarding the possible contents of a standard to prevent 
work-related musculoskeletal disorders. Agency representatives have 
delivered numerous outreach presentations to people who are interested 
in this subject and consulted professionals in the field to obtain 
expert opinions on the options considered by the Agency. Information 
obtained from these activities is undergoing Agency review. Options for 
regulatory action are being developed.
The Agency believes that the scientific evidence supports the need for 
a standard and that the availability of effective and reasonable means 
to control these hazards has been demonstrated. The criteria that have 
been developed for setting OSHA priorities support the need to reduce 
the incidence of work-related musculoskeletal disorders. The Agency is 
currently developing a proposed rule for ergonomics. The National 
Institute for Occupational Safety and Health (NIOSH) has issued a 
report evaluating the scientific basis for the relationship

[[Page 21538]]

of workplace stressors to MSDs. The report concludes that such a 
relationship exists for many stressors.

Statement of Need: OSHA estimates that work-related musculoskeletal 
disorders in the United States account for over 600,000 injuries and 
illnesses (34 percent of all lost workdays reported to the Bureau of 
Labor Statistics (BLS)). These disorders now account for one out of 
every three dollars spent on workers' compensation. It is estimated 
that employers spend as much as $20 billion a year on direct costs for 
MSD-related workers' compensation, and up to five times that much for 
indirect costs, such as those associated with hiring and training 
replacement workers. In addition to these monetary effects, MSDs often 
impose a substantial personal toll on affected workers who can no 
longer work or perform simple personal tasks like buttoning their 
clothes or brushing their hair.
Scientific evidence associates MSDs with stresses to various body parts 
caused by the way certain tasks are performed. The positioning of the 
body and the type of physical work that must be done to complete a job 
may cause persistent pain and lead to deterioration of the affected 
joints, tissues, and muscles. The longer the worker must maintain a 
fixed or awkward posture, exert force, repeat the same movements, 
experience vibration, or handle heavy items, the greater the chance 
that such a disorder will occur. These job-related stresses are 
referred to as ``workplace risk factors,'' and the scientific 
literature demonstrates that exposure to these risk factors, 
particularly in combination, significantly increases an employee's risk 
of developing a work-related musculoskeletal disorder. Jobs involving 
exposure to workplace risk factors appear in all types of industries 
and in all sizes of facilities.
Musculoskeletal disorders occur in all parts of the body--the upper 
extremity, the lower extremity, and the back. An example of the 
increasing magnitude of the problem involves repeated trauma to the 
upper extremity, or that portion of the body above the waist, in forms 
such as carpal tunnel syndrome and shoulder tendinitis. In 1996, 
employers reported 281,000 repeated trauma cases to the BLS. As a point 
of comparison, the number of reported cases in this category was only 
22,700 in 1981. When the data are adjusted to reflect changes in the 
size of the employee population, they indicate that such cases have 
increased more than 7-fold in the last ten years. In industries such as 
meatpacking and automotive assembly, approximately 10 out of 100 
workers report work-related MSDs from repeated trauma each year. The 
number of work-related back injuries occurring each year is even larger 
than the number of upper extremity disorders. Industries reporting a 
large number of cases of back injuries include hospitals and personal 
care facilities.
The evidence OSHA has assembled and analyzed indicates that 
technologically and economically feasible measures are available to 
significantly reduce exposures to workplace risk factors and the risk 
of developing work-related musculoskeletal disorders. Many companies 
that have voluntarily implemented ergonomics programs have demonstrated 
that effective ergonomic interventions are available to reduce MSDs. 
Many of these interventions are simple and inexpensive, but 
nevertheless have a significant effect on the occurrence of work-
related musculoskeletal disorders. Benefits include substantial savings 
in workers' compensation costs, increased productivity, and decreased 
turnover.

Summary of the Legal Basis: The legal basis for this proposed rule is a 
preliminary finding by the Secretary of Labor that workers in 
workplaces within OSHA's jurisdiction are at significant risk of 
incurring work-related musculoskeletal disorders.

Alternatives: OSHA is considering many different regulatory 
alternatives. These include variations in the scope of coverage, 
particularly with regard to industrial sectors, work processes, and 
degree of hazard. The Agency has also considered various phase-in 
options related to the size of the facility. The agency is still 
developing and refining its regulatory alternatives.

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

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

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           08/03/92                    57 FR 34192
ANPRM Comment Period End        02/01/93
NPRM                            09/00/99

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

Government Levels Affected: Undetermined

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

RIN: 1218-AB36
_______________________________________________________________________




2015. SAFETY AND HEALTH PROGRAMS (FOR GENERAL INDUSTRY AND THE MARITIME 
INDUSTRIES)

Priority:  Economically Significant. Major under 5 USC 801.

Unfunded Mandates: Undetermined

Legal Authority:  29 USC 651; 29 USC 657

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

Legal Deadline: None

[[Page 21539]]

Abstract: The Occupational Safety and Health Administration (OSHA), 
many of the States, members of the safety and health community, 
insurance companies, professional organizations, companies 
participating in the Agency's Voluntary Protection Program, and many 
proactive employers in all industries have recognized the value of 
worksite-specific safety and health programs in preventing job-related 
injuries, illnesses, and fatalities. The effectiveness of these 
programs is seen most dramatically in the reductions in job-related 
injuries and illnesses, workers' compensation costs, and absenteeism 
that occur after employers implement such programs. To assist employers 
in establishing safety and health programs, OSHA in 1989 (54 FR 3904) 
published nonmandatory guidelines that were based on a distillation of 
the best safety and health management practices observed by OSHA in the 
years since the Agency was established. OSHA's decision to expand on 
these guidelines by developing a safety and health programs rule is 
based on the Agency's recognition that occupational injuries, 
illnesses, and fatalities are continuing to occur at an unacceptably 
high rate; for example, an average of about 17 workers were killed each 
day in 1997 in occupational fatalities, and this number does not 
reflect the estimated 50,000 job-related chronic illness deaths 
believed to occur annually.
The safety and health programs required by the proposed rule will 
include at least the following elements: management leadership of the 
program; active employee participation in the program; analysis of the 
worksite to identify serious safety and health hazards of all types; 
and requirements that employers eliminate or control those hazards in 
an effective and timely way. In addition, in response to extensive 
stakeholder involvement, OSHA has, among other things, focused the rule 
on significant hazards and reduced burdens on small business to the 
extent consistent with the goals of the OSH Act.

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

Summary of the Legal Basis: The legal basis for the proposed rule is a 
preliminary finding by the Secretary of Labor that unacceptably high 
injury, illness, and fatality rates can be substantially reduced by 
getting employers to systematically comply with the existing duty to 
control hazards under sections 5(a)(1) and 5(a)(2) of the OSH Act.

Alternatives: In the last few years, OSHA has considered both 
nonregulatory and regulatory alternatives in the area of safety and 
health program management. First, OSHA published, in 1989, a set of 
voluntary management guidelines designed to assist employers to 
establish and maintain programs such as the one envisioned by the 
proposed safety and health programs rule. Although these guidelines 
have received widespread praise from many employers and professional 
safety and health associations, they have not been adequately effective 
in reducing job-related deaths, injuries, and illnesses, which have 
continued to occur at unacceptably high levels. Many of the States have 
also recognized the value of these programs and have mandated that some 
or all covered employers establish them; this has led to inconsistent 
coverage from State to State, with many States having no coverage and 
others imposing stringent program requirements.

Anticipated Costs and Benefits: Costs and benefits have not been 
determined at this time.

Risks: Workers in all major industry sectors in the United States 
continue to experience an unacceptably high rate of occupational 
fatalities, injuries, and illnesses. In 1996 the Bureau of Labor 
Statistics reports that 6.2 million injuries and illnesses occurred 
within private industry, and in 1997, 6,218 workers lost their lives on 
the job. There is increasing evidence that addressing hazards in a 
piecemeal fashion, as employers tend to do in the absence of a 
comprehensive safety and health program, is considerably less effective 
in reducing accidents than a systematic approach. Dramatic evidence of 
the seriousness of this problem can be found in the staggering workers' 
compensation bill paid by America's employers and employees: 
approximately $54 billion annually. These risks can be reduced by the 
implementation of safety and health programs, as evidenced by the 
experience of OSHA's Voluntary Protection Program participants, who 
regularly achieve injury and illness rates averaging one-fifth to one-
third those of competing firms in their industries. Other benefits of 
reducing accidents include enhanced productivity, improved employee 
morale, and reduced absenteeism. Because these programs address all 
significant job-related hazards--including those that are covered by 
OSHA standards as well as those currently addressed by the General Duty 
Clause --the proposed rule will be

[[Page 21540]]

effective in ensuring a systematic approach to the control of long-
recognized hazards, such as lead, and emerging hazards, such as lasers 
and violence in the workplace.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            07/00/99

Regulatory Flexibility Analysis Required: Yes
Small Entities Affected: Businesses

Government Levels Affected: State

Additional Information: A separate rule is being developed for the 
construction industry (29 CFR 1926). OSHA will coordinate the 
development of the two rules.

Agency Contact: Marthe B. Kent, 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: 202 693-2222
Fax: 202 693-1663

RIN: 1218-AB41
_______________________________________________________________________




2016. 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 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. HRG and OCAW were unable to persuade the courts to impose legal 
deadlines on the rulemaking.
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: 202 693-1950
Fax: 202 693-1678

RIN: 1218-AB45
_______________________________________________________________________




2017. 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 (29 CFR 1910.146). 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 confined-space 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 this 
year.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            12/00/99

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: Undetermined

Agency Contact: Russell B. Swanson, Director, Directorate of 
Construction, Department of Labor, Occupational Safety and Health 
Administration, 200 Constitution Avenue NW., Room S1506, FP Building, 
Washington, DC 20210
Phone: 202 693-2020
Fax: 202 693-1689

RIN: 1218-AB47
_______________________________________________________________________




2018. GENERAL WORKING CONDITIONS FOR SHIPYARD EMPLOYMENT

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

Unfunded Mandates: Undetermined

[[Page 21541]]

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                            12/00/99

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: None

Agency Contact: Marthe B. Kent, 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: 202 693-2222
Fax: 202 693-1663

RIN: 1218-AB50
_______________________________________________________________________




2019. 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                            12/00/99

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: Undetermined

Agency Contact: Marthe B. Kent, Director, Directorate of Safety 
Standards Programs, Department of Labor, Occupational Safety and Health 
Administration, 200 Constitution Avenue NW., Room N3641, FP Building, 
Washington, DC 20210
Phone: 202 693-2222
Fax: 202 693-1663

RIN: 1218-AB51
_______________________________________________________________________




2020. PERMISSIBLE EXPOSURE LIMITS (PELS) FOR AIR CONTAMINANTS

Priority:  Economically Significant. Major under 5 USC 801.

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

Legal Authority:  29 USC 655 (b)

CFR Citation:  29 CFR 1910.1000; 29 CFR 1915.1000; 29 CFR 
1917.1(a)(2)(ii); 29 CFR 1918.1(b)(a); 29 CFR 1929.55

Legal Deadline: None

Abstract: OSHA enforces hundreds of permissible exposure limits (PELs) 
for toxic air contaminants found in U.S. workplaces. The air 
contaminant limits were adopted by OSHA in 1971 from recommendations 
issued by the American Conference of Governmental Industrial Hygienists 
and the American National Standards Institute. These PELs, which have 
not been updated since 1971, thus reflect the results of research 
conducted in the 1950s and 1960s. Since then, much new information has 
become available that indicates that, in many cases, these early limits 
are outdated and insufficiently protective of worker health. To correct 
this situation, OSHA issued a final rule in 1989 (54 FR 2332); it 
lowered the existing PELs for 212 toxic air contaminants and 
established PELs for 164 previously unregulated air contaminants. On 
June 12, 1992 (57 FR 26001), OSHA proposed a rule that would have 
extended these limits to workplaces in the construction, maritime, and 
agriculture industries. However, on July 10, 1992, the Eleventh Circuit 
Court of Appeals vacated the 1989 final rule on the grounds that ``(1) 
OSHA failed to establish that existing exposure limits in the workplace 
presented significant risk of material health impairment or that new 
standards eliminated or

[[Page 21542]]

substantially lessened the risk; (2) OSHA did not meet its burden of 
establishing that its 428 new permissible exposure limits (PELs) were 
either economically or technologically feasible.'' The Court's decision 
forced the Agency to return to the earlier, insufficiently protective 
limits.
OSHA continues to believe that establishing a rulemaking approach that 
will permit the Agency to update existing air contaminant limits and 
establish new ones as toxicological evidence of the need to do so 
becomes available is a high priority. The rulemaking described in this 
Regulatory Plan entry reflects OSHA's intention to move forward with 
this process. In determining how to proceed, OSHA is being guided by 
the OSH Act and the Eleventh District Court decision regarding 
quantifying the risk and feasibility analyses required to support 
revised and new air contaminant limits. State-of-the-art risk 
assessment methodologies will be utilized for both carcinogens and 
noncarcinogens, and the determinations of feasibility contained in the 
economic analysis accompanying the proposal will be extensive. OSHA 
published (61 FR 1947) the candidate substances from which the proposed 
new PELs for the first update will be chosen: carbon disulfide, carbon 
monoxide, chloroform, dimethyl sulfate, epichlorohydrin, ethylene 
dichloride, glutaraldehyde, n-hexane, 2-hexanone, hydrazine, hydrogen 
sulfide, manganese and compounds, mercury and compounds, nitrogen 
dioxide, perchloroethylene, sulfur dioxide, toluene, toluene 
diisocyanate, trimellitic anhydride, and vinyl bromide. The specific 
hazards associated with the air contaminants preliminarily selected for 
regulation include cancer, neurotoxicity, respiratory sensitivity, etc. 
Using the same criteria as those used in the Priority Planning Process, 
OSHA evaluated each substance: severity of the health effect, the 
number of exposed workers, toxicity of the substance, uses and 
prevailing exposure levels of the substance, the potential risk 
reduction, availability and quality of information useful in 
quantitative risk assessment to ensure that significant risks are 
addressed and that workers will experience substantial benefits in the 
form of enhanced health and safety. Publication of the proposal will 
allow OSHA to institutionalize a mechanism for updating and extending 
its air contaminant limits, which will, at the same time, provide added 
protection to many workers who are currently being overexposed to toxic 
substances in the workplace. OSHA is also considering supplemental 
mechanisms proposed by stakeholders to increase the effectiveness of 
the process.

Statement of Need: OSHA has permissible exposure limits for 
approximately 470 toxic substances, many of which are widely used in 
industrial settings. These PELs, which were adopted wholesale by OSHA 
in 1971 and have not been revised since then, often lead to adverse 
effects when workers are exposed to the contaminants at these levels. 
In addition, new chemicals are constantly being introduced into the 
working environment, and exposure to these substances can result in 
both acute and chronic health effects. Acute effects include 
respiratory and sensory irritation, chemical burns, and ocular damage; 
chronic effects include cardiovascular disease, respiratory, liver and 
kidney disease, reproductive effects, neurological damage, and cancer. 
For these reasons, it is a high OSHA priority to establish an ongoing 
regular process that will allow OSHA routinely to update existing PELs 
and establish limits for previously unregulated substances. The first 
step in achieving this goal is to publish an air contaminants proposal 
for a number of substances that will establish streamlined but 
scientifically sound and defensible procedures for conducting risk 
assessments and performing feasibility analyses that will permit 
regular updating and review of permissible exposure limits for air 
contaminants. The ability to lower existing limits and establish limits 
for new contaminants is an essential component of OSHA's mandate to 
protect the health and functional well-being of America's workers.

Summary of the Legal Basis: The legal basis for the proposed PELs for 
selected air contaminants is a preliminary determination by the 
Secretary of Labor that the substances for which PELs are being 
proposed pose a significant risk to workers and that the new limits 
will substantially reduce that risk.

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

Anticipated Costs and Benefits: The scope of the proposed rule is 
currently under development and thus quantitative estimates of costs 
and benefits have not been determined at this time. Implementation 
costs associated with the proposed standard include primarily those 
related to identifying and correcting overexposures using engineering 
controls and work practices. Additional costs may be incurred for the 
implementation of administrative controls and the purchase and use of 
personal protective equipment. Estimates of the magnitude of the 
problem of occupational illnesses, both acute and chronic, vary 
considerably. In 1989, OSHA concluded that its Air Contaminants rule in 
general industry, which lowered 212 exposure limits and added 164 where 
none had previously existed, would result in a reduction of 
approximately 700 deaths, 55,000 illnesses, and over 23,300 lost-
workday illnesses annually. Chronic effects include cardiovascular 
disease, respiratory, liver and kidney disease, reproductive effects, 
neurological damage, and cancer. Acute effects include respiratory and 
sensory irritation, chemical burns, and ocular effects.

Risks: Risk assessments for the substances under consideration for this 
first phase of the air contaminants updating and revision process have 
not yet been completed.

[[Page 21543]]

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            12/00/99

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: Undetermined

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

Agency Contact: Adam Finkel, Director, Health Standards Programs, 
Department of Labor, Occupational Safety and Health Administration, 200 
Constitution Avenue NW., Room N3718, FP Building, Washington, DC 20210
Phone: 202 693-1950
Fax: 202 693-1678
Email: [email protected]

RIN: 1218-AB54
_______________________________________________________________________




2021. 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 (NRTL) Program OSHA has, to date, 
recognized 17 laboratories operating 40 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                            06/00/99

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: 202 693-2300
Fax: 202 693-1644

RIN: 1218-AB57
_______________________________________________________________________




2022. 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 the President's Executive Memo of 
June 1998 regarding the use of plain language in Federal regulations. 
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                            12/00/99

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: Marthe B. Kent, 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: 202 693-2222
Fax: 202 693-1663

RIN: 1218-AB61
_______________________________________________________________________




2023. 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, 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: 202 693-2222
Fax: 202 693-1663

RIN: 1218-AB65
_______________________________________________________________________




2024. PLAIN LANGUAGE REVISION OF THE MECHANICAL POWER-TRANSMISSION 
APPARATUS STANDARD

Priority:  Substantive, Nonsignificant

Reinventing Government: This rulemaking is part of the Reinventing

[[Page 21544]]

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 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: Marthe B. Kent, 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: 202 693-2222
Fax: 202 693-1663

RIN: 1218-AB66
_______________________________________________________________________




2025. 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: Marthe B. Kent, 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: 202 693-2222
Fax: 202 693-1663

RIN: 1218-AB67
_______________________________________________________________________




2026. 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: Russell B. Swanson, Director, Directorate Of 
Construction,

[[Page 21545]]

Department of Labor, Occupational Safety and Health Administration, 200 
Constitution Avenue NW., Room S1506, FP Building, Washington, DC 20210
Phone: 202 693-2020
Fax: 202 693-1689

RIN: 1218-AB69
_______________________________________________________________________




2027. REQUIREMENT TO PAY FOR PERSONAL PROTECTIVE EQUIPMENT

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

Unfunded Mandates: Undetermined

Legal Authority:  29 USC 655(b); 29 USC 657; 33 USC 941; 40 USC 333

CFR Citation:  29 CFR 1910 .132; 29 CFR 1915.152; 29 CFR 1917.96; 29 
CFR 1918.106; 29 CFR 1926.95

Legal Deadline: None

Abstract: Generally, OSHA standards require that protective equipment 
(including personal protective equipment (PPE)) be provided and used 
when necessary to protect employees from hazards which can cause them 
injury, illness, or physical harm. In this discussion OSHA uses the 
abbreviation ``PPE'' to cover both personal protective equipment and 
other protective equipment. The Agency is proposing to revise its PPE 
standards to clarify who is required to pay for required PPE and under 
what circumstances. According to the proposal, employers would be 
required to provide all OSHA-required PPE at no cost to employees, with 
the following exceptions: the employer would not need to pay for 
safety-toe protective footwear or prescription safety eyewear if all 
three of the following conditions are met: (1) the employer permits 
such footwear or eyewear to be worn off the job-site; (2) the footwear 
or eyewear is not used in a manner that renders it unsafe for use off 
the job-site (for example, contaminated safety-toe footwear would not 
be permitted to be worn off a job-site); and (3) such footwear or 
eyewear is not designed for special use on the job. Employers are also 
not required to pay for the logging boots required by 29 CFR 
1910.266(d)(1)(v).

Statement of Need: OSHA has been issuing health, safety, and 
construction standards requiring appropriate PPE over a 28-year period. 
The regulatory language used in OSHA standards has generally clearly 
stated that the employer must provide PPE and ensure that employees 
wear it. However, the regulatory language used regarding the employer's 
obligation to pay for the PPE has varied.
OSHA attempted to clarify its position on the issue of payment for 
required PPE in a compliance memorandum to its field staff dated 
October 18, 1994. The memorandum stated that it was the employer's 
obligation to provide and pay for PPE except in limited situations.
Very recently, the Occupational Safety and Health Review Commission 
declined to accept this interpretation (Secretary of Labor v. Union 
Tank Car, OSHRC No. 96-0563). The Commission vacated a citation against 
an employer who failed to pay for OSHA-required PPE, finding that the 
Secretary had failed to adequately explain the policy outlined in the 
1994 memorandum in light of several inconsistent earlier letters of 
interpretation from OSHA.
Therefore, the Agency needs to clarify who is to pay for PPE under what 
conditions, to eliminate any confusion and unnecessary litigation.

Summary of the Legal Basis: The legal basis for this proposed rule is 
the need to clarify OSHA's intent with regard to the payment for 
protective equipment required by OSHA standards promulgated under 
section 6 of the OSH Act.

Alternatives: OSHA has considered several alternative approaches to 
resolving this issue, including leaving this as a labor-management 
issue, issuing compliance directives to identify what PPE the employer 
must pay for, or requiring the employer to pay for all PPE. OSHA 
believes that, in this case, revising the standard to clarify who is to 
pay for the PPE is the most appropriate way to proceed. It is the only 
approach that will assure significant public participation in the 
resolution of this issue, and the codification of that resolution.

Anticipated Costs and Benefits: At this stage of rulemaking, the Agency 
has only preliminary costs and benefits. A survey has been conducted to 
obtain additional data.

Risks: Substantive requirements for protective equipment are impacted 
by other standards. This proposed rule is designed solely to clarify 
OSHA's intent as to what protective equipment must be paid for by the 
employer. Accordingly, no assessment of risk is required for this 
proposal.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            03/30/99                    64 FR 15401
NPRM Comment Period End         06/14/99

Regulatory Flexibility Analysis Required: Yes
Small Entities Affected: Businesses

Government Levels Affected: State, Local, Federal

Agency Contact: Marthe B. Kent, 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: 202 693-2222
Fax: 202 693-1663

RIN: 1218-AB77
_______________________________________________________________________




2028. 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                            04/00/99

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: 202 693-2213

RIN: 1218-AB79

[[Page 21546]]

_______________________________________________________________________


DEPARTMENT OF LABOR (DOL)                              Final Rule Stage


Occupational Safety and Health Administration (OSHA)



_______________________________________________________________________




2029. 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 
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 Rule - Assigned Protection 
Factors                         11/00/99

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: 202 693-2093
Fax: 202 693-1678

RIN: 1218-AA05
_______________________________________________________________________




2030. STEEL ERECTION (PART 1926) (SAFETY PROTECTION FOR IRONWORKERS)

Priority:  Economically Significant. Major under 5 USC 801.

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

Legal Authority:  29 USC 655; 40 USC 333

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

Legal Deadline: None

Abstract: On December 29, 1992, the Occupational Safety and Health 
Administration (OSHA) announced its intention to form a negotiated 
rulemaking advisory committee to negotiate issues associated with a 
revision of the existing steel erection standard. The Steel Erection 
Negotiated Rulemaking Advisory Committee (SENRAC), a 20-member 
committee, was established, and the SENRAC charter was signed by 
Secretary Reich on May 26, 1994. The primary issues the committee 
negotiated included the need to expand the scope and application of the 
existing standard to include construction specifications and work 
practices, written construction safety erection plans, and fall 
protection. The Committee met 11 times over an 18-month period and 
completed work on the draft regulatory text for the proposed steel 
erection standard on December 1, 1995.
The negotiated rulemaking process brought together the interested 
parties that will be affected by a revision to the steel erection rule. 
They found common ground on the major issues and developed language for 
a proposed rule. The use of this process allowed the stakeholders to 
develop an ownership stake in the proposal that they would not 
otherwise have had.
The process has led to a proposed revision to subpart R of 29 CFR 1926 
that contains innovative provisions to help reduce the major causes of 
steel erection injuries and fatalities. OSHA issued the proposal on 
August 13, 1998. A public hearing was held from December 1-11, 1998.

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

Summary of the Legal Basis: The legal basis for the proposed steel 
erection rule is a preliminary finding that workers engaged in steel 
erection work are at significant risk of serious injury or death as a 
result of that work.

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

Anticipated Costs and Benefits: The estimated annualized compliance 
costs of the proposal are approximately $50 million per year, and the 
Agency believes that the benefits of the standard would include the 
prevention of an estimated 14 fatalities and 824 lost workday injuries 
per year.

Risks: The risk associated with steel erection activities is great. 
OSHA estimates that 28 workers are killed every year during steel 
erection activities. Falls are currently the number one killer of 
construction workers, and since the erection of

[[Page 21547]]

buildings necessarily involves high exposure to fall hazards, the 
central focus of this rule will be to eliminate or reduce the risks 
associated with falls.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Notice of Committee 
Establishment                   05/11/94                    59 FR 24389
NPRM                            08/13/98                    63 FR 43451
NPRM Comment Period End         11/17/98
Public Hearing                  02/11/99
Final Rule                      12/00/99

Regulatory Flexibility Analysis Required: Yes
Small Entities Affected: Businesses

Government Levels Affected: None

Agency Contact: Russell B. Swanson, Director, Directorate of 
Construction, Department of Labor, Occupational Safety and Health 
Administration, 200 Constitution Avenue NW., Room S1506, FP Building, 
Washington, DC 20210
Phone: 202 693-2020
Fax: 202 693-1689

RIN: 1218-AA65
_______________________________________________________________________




2031. 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: Marthe B. Kent, 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: 202 693-2222
Fax: 202 693-1663

RIN: 1218-AA68
_______________________________________________________________________




2032. RECORDING AND REPORTING OCCUPATIONAL INJURIES AND ILLNESSES 
(SIMPLIFIED INJURY/ILLNESS RECORDKEEPING REQUIREMENTS)

Priority:  Other Significant

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

Legal Authority:  29 USC 657; 29 USC 673

CFR Citation:  29 CFR 1904; 29 CFR 1952.4

Legal Deadline: None

Abstract: OSHA requires employers to keep records of illnesses and 
injuries. These records are used by OSHA and the Bureau of Labor 
Statistics (BLS), among others, to develop data on workplace safety and 
health by industry and across industries. Over the years concerns about 
the reliability and utility of these data have been raised by Congress, 
the National Institute for Occupational Safety and Health (NIOSH), the 
National Academy of Sciences, the Office of Management and Budget 
(OMB), the General Accounting Office, business and labor, as well as 
BLS and OSHA. In the late 1980's, OSHA contracted with the Keystone 
Center to bring together representatives of industry, labor, 
government, and academia in a year-long effort to discuss problems with 
OSHA's injury and illness recordkeeping system. Keystone issued a 
report with specific recommendations on how to improve the system. In 
1995, OSHA held several meetings with stakeholders from business, labor 
and government in order to obtain feedback on a draft OSHA 
recordkeeping proposal and to gather related information.
OSHA published a Notice of Proposed Rulemaking (NPRM) in the February 
2, 1996 Federal Register that contained revised recordkeeping 
requirements and recordkeeping forms. The original 90-day public 
comment period was extended another 60 days and ended July 2, 1996. In 
addition, two public meetings were held in Washington, DC (March 26-29 
and April 30-May 1). Over 450 written comments were entered into the 
Docket R-02, along with 1,200 pages of input derived from nearly 60 
presentations given at the public meetings.
OSHA is now planning to issue a final rule that incorporates changes 
based on an analysis of the public comments and testimony.


Statement of Need: The occupational injury and illness records 
maintained by employers are an important component of OSHA's program. 
The records are used by employers and employees to identify and 
evaluate workplace safety and health hazards, and they provide OSHA 
personnel with necessary information during

[[Page 21548]]

workplace inspections. The records also provide the source data for the 
Annual Survey of Occupational Injuries and Illnesses conducted by the 
BLS.
All of these uses of the data are affected by the quality of the 
records employers maintain. Higher quality data lead to higher quality 
analyses, which in turn lead to better decisions about occupational 
safety and health matters. To improve the quality of the records and 
enhance the utility of the information for all the entities using the 
data, OSHA needs to provide clearer guidance to employers, simplify the 
recordkeeping forms and provide employees with access to the 
information.

Summary of the Legal Basis: The legal basis for issuance of this final 
rule is Section 8(c)(1) of the Act, which requires employers to record 
and report such records as are necessary for the enforcement of the Act 
and for developing information on the causes and prevention of 
occupational accidents and illnesses, as required by regulation and 
section 24(a) of the Act, which requires OSHA to develop an effective 
program of occupational safety and health statistics to further the 
purposes of the Act.

Alternatives: One alternative to publication of a final rule is to take 
no action and continue to administer the injury and illness 
recordkeeping system using the current regulation, forms and 
guidelines. Another alternative is to revise the current rule to expand 
its coverage and scope (i.e., eliminate the current rule's small 
employer and Standard Industrial Classification exemptions).
The first alternative is unacceptable because it does not address the 
problems with the current system identified by participants in the 
Keystone dialogue and other OSHA stakeholders. The second alternative 
is also unacceptable because it would require many employers, 
especially small-business employers, in low hazard industries to keep 
OSHA injury and illness data. This could impose a substantial paperwork 
burden on those employers without commensurate benefit.

Anticipated Costs and Benefits: The costs and benefits of the final 
rule have not yet been determined.

Risks: Not applicable.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            02/02/96                     61 FR 4030
NPRM Comment Period End         07/02/96
Final Action                    06/00/99
Final Action Effective          01/00/00

Regulatory Flexibility Analysis Required: Yes
Small Entities Affected: Businesses, Organizations

Government Levels Affected: None

Sectors Affected:  All

Agency Contact: Marthe B. Kent, 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: 202 693-2222
Fax: 202 693-1663

RIN: 1218-AB24
_______________________________________________________________________




2033. PLAIN LANGUAGE REVISION OF EXISTING STANDARDS (PHASE I)

Priority:  Other Significant

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

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

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

Legal Deadline: None

Abstract: The Occupational Safety and Health Administration (OSHA) 
adopted its initial package of workplace safety and health standards in 
the 1970's. Many of these standards have been identified by the 
regulated community as being overly complex, difficult to read and 
follow, and out of date with current technology.
OSHA is initiating separate rulemakings to revise two of OSHA's most 
complex and out-of-date section 6(a) standards. The purpose of these 
rulemakings is to simplify and clarify these standards and to write 
them in ``plain language,'' as directed by the President's report and 
the June 1998 Executive Memorandum on Plain Language. The two standards 
address means of egress, section 1910.37 and spray finishing using 
flammable and combustible liquids, section 1910.107. Section 1910.107 
also contains substantive ventilation requirements that duplicate 
ventilation requirements contained in section 1910.94, paragraphs (c) 
and (d).

Statement of Need: 
These two OSHA standards are being 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 in response to the June 1998 
Executive Memorandum on Plain Language.
Exposure to flammable and combustible liquids during spray applications 
creates a variety of safety and health problems including thermal 
burns, chemical burns, smoke inhalation, respiratory inflammations and 
infections, nausea, dizziness, respiratory allergies, heart disease, 
lung cancer, decreases in pulmonary function, and other serious 
injuries and illnesses. In case of an emergency, proper exit routes are 
needed both to protect employees from being trapped in hazardous work 
areas and to guide employees to safety.

Summary of the Legal Basis: The legal basis for issuing these plain 
language rules derives from the OSH Act and responds to the Executive 
Memo issued by the President in June 1998.

Alternatives: OSHA has considered two alternatives to rewriting these 
rules in plain language: (1) leaving the rules unchanged; and (2) 
initiating a comprehensive revision and updating of these rules. The 
first alternative has been rejected because it would leave these 
complex and specification-driven rules in place, a situation that has 
led to confusion and misinterpretations of the rules. The second 
alternative--conducting comprehensive rulemaking--would take many 
years, during which the current, poorly-written standards would remain 
in place. The approach OSHA has taken--conducting rulemaking for the 
limited but important purpose of rewriting these rules in plain 
language--is the fastest and least resource-intensive approach to 
address the serious problems presented by these rules.

Anticipated Costs and Benefits: Because these plain language revisions 
do not substantively change these rules,

[[Page 21549]]

no cost impacts are associated with these revisions.

Risks: Because these revisions are designed solely to simplify and 
clarify these standards, no assessment of risks is required.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM Exit Routes (Means of 
Egress)                         09/10/96                    61 FR 47712
Hearing on Exit Routes          04/29/97                     62 FR 9402
Final Action Dipping and Coating 
Operations                      03/23/99                    64 FR 13897
Final Action Effective Dipping 
and Coating Operations          04/22/99
NPRM Spray Finishing            12/00/99
Final Action Exit Routes (Means 
of Egress)                      12/00/99

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Additional Information: Means of Egress, 29 CFR 1910 subpart E, and 
Spray Finishing Using Flammable and Combustible Materials, 29 CFR 
1910.107, are two standards selected for revision under a Presidential 
Initiative to revise outdated, duplicative, or obsolete Federal 
regulations. These standards will be rewritten in plain language to 
make them easier to read. 29 CFR 1910.94(c) will be combined with 29 
CFR 1910.107 to eliminate duplicative standards. Another plain language 
initiative, the rewrite of Flammable and Combustible Liquids, 29 CFR 
1910.106, has been moved to RIN 1218-AB61.

Agency Contact: Marthe B. Kent, 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: 202 693-2222
Fax: 202 693-1663

RIN: 1218-AB55
_______________________________________________________________________


DEPARTMENT OF LABOR (DOL)                             Long-Term Actions


Occupational Safety and Health Administration (OSHA)



_______________________________________________________________________




2034. 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: Marthe B. Kent, 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: 202 693-2222
Fax: 202 693-1663

RIN: 1218-AA56
_______________________________________________________________________




2035. 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; 29 USC 651

CFR Citation:  29 CFR 1910.1000; 29 CFR 1910.1031

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 had reasonable basis to conclude that the 
risk of injury to worker health from exposure to four glycol ethers 
during their manufacture, processing and use was 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 these substances. OSHA is 
working toward promulgation of a final rule in 2000.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           04/02/87                    52 FR 10586
ANPRM Comment Period End        07/31/87

[[Page 21550]]

NPRM                            03/23/93                    58 FR 15526
NPRM Comment Period End         06/07/93
Final Action                    12/00/00

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 N3641, FP Building, Washington, DC 20210
Phone: 202 693-1950
Fax: 202 693-1678

RIN: 1218-AA84
_______________________________________________________________________




2036. 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                     To Be                       Determined

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: Undetermined

Agency Contact: Marthe B. Kent, Director, Directorate of Safety 
Standards, Department of Labor, Occupational Safety and Health 
Administration, 200 Constitution Avenue NW., N3605, FP Building, 
Washington, DC 20210
Phone: 202 693-2222
Fax: 202 693-1663

RIN: 1218-AB27
_______________________________________________________________________




2037. 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; 29 CFR 1915; 29 CFR 1926; 29 CFR 1928

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 tract symptoms 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 the proposed standard 
will prevent a substantial number of 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                     To Be                       Determined

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: 202 693-1950
Fax: 202 693-1678
Email: [email protected]

RIN: 1218-AB37


_______________________________________________________________________



[[Page 21551]]

2038. OCCUPATIONAL EXPOSURE TO TUBERCULOSIS

Priority:  Economically Significant. Major under 5 USC 801.

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

Legal Authority:  29 USC 655(b)

CFR Citation:  29 CFR 1910.1035

Legal Deadline: None

Abstract: On August 25, 1993, the Occupational Safety and Health 
Administration (OSHA) was petitioned by the Labor Coalition to Fight TB 
in the Workplace to initiate rulemaking for a permanent standard to 
protect workers against occupational transmission of tuberculosis (TB). 
Although the Centers for Disease Control and Prevention (CDC) have 
developed recommendations for controlling the spread of TB in several 
work settings (e.g., correctional institutions, health-care facilities, 
and homeless shelters), the petitioners stated that in every recent TB 
outbreak investigated by the CDC, noncompliance with CDC's TB control 
guidelines was evident. After reviewing the available information, OSHA 
preliminarily concluded that a significant risk of occupational 
transmission of TB exists for some workers and has accordingly issued a 
proposed rule. OSHA already regulates the exposure to the biological 
hazard of bloodborne pathogens (e.g., HIV, hepatitis B) under 29 CFR 
1910.1030 and believes that development of a TB standard is consistent 
with the Agency's mission and previous activity. On October 17, 1997, 
OSHA published its proposed standard for occupational exposure to 
tuberculosis (62 FR 54160). The proposed rule covers workers in 
hospitals, nursing homes, hospices, correctional facilities, homeless 
shelters, and certain other work settings where workers are at 
significant risk of incurring TB infection while caring for their 
patients and clients or performing certain procedures. The proposed 
standard would require employers to protect TB-exposed employees by 
means of infection prevention and control measures that have been 
demonstrated to be highly effective in reducing or eliminating job-
related TB infections. Such measures include procedures for early 
identification of individuals with infectious TB, isolation of 
individuals with infectious TB using appropriate ventilation, use of 
respiratory protection in certain situations, skin testing and training 
of employees with occupational exposure, and medical management and 
follow-up after exposure incidents or skin test conversions.
The written comment period ended on February 17, 1998. Subsequently, 
informal public hearings were held in Washington, DC (April 7-17), Los 
Angeles, CA (May 5-7), New York City, NY (May 19-21) and Chicago, IL 
(June 2-4). At the end of the hearings a post-hearing comment period 
was established. The deadline for final summation, briefs and written 
comments was October 5, 1998.
In addition to the public hearings, OSHA consulted with parties outside 
of the Agency with regard to the proposal. The preliminary Risk 
Assessment was peer-reviewed by four individuals with specific 
knowledge in the areas of tuberculosis and risk assessment. In 
addition, OSHA conducted stakeholder meetings with representatives of 
relevant professional organizations, trade associations, labor unions, 
and other groups. The proposal was also reviewed and commented on by 
affected small business entities under the Small Business Regulatory 
Enforcement Fairness Act of 1996 (SBREFA). In addition, the draft 
proposed standard and preamble were reviewed by the Office of 
Management and Budget. OSHA is working on a final rule, which is 
expected in 2000.
OSHA will be reopening the rulemaking record for the limited purpose of 
placing a newly completed survey on homeless shelters, some new studies 
on respirator fit factors and another document in the record. The 
Agency will publish a notice in the Federal Register informing the 
public of the limited reopening and requesting public comment on the 
Agency submission.


Statement of Need: For centuries, TB has been responsible for the 
deaths of millions of people throughout the world. TB is a contagious 
disease caused by the bacterium  Mycobacterium tuberculosis. Infection 
is generally acquired by the inhalation of airborne particles carrying 
the bacterium. These airborne particles, called droplet nuclei, can be 
generated when persons with pulmonary or laryngeal tuberculosis in the 
infectious state of the disease cough, sneeze, speak, or sing. In some 
individuals exposed to droplet nuclei, TB bacilli enter the alveoli and 
establish an infection. In most cases, the bacilli are contained by the 
individual's immune response. However, in some cases, the bacilli are 
not contained by the immune system and continue to grow and invade the 
tissue, leading to the progressive destruction of the organ involved. 
Although in most cases this organ is the lung (i.e., pulmonary 
tuberculosis), other organs outside of the lung may also be infected 
and become diseased (i.e., extrapulmonary tuberculosis).
From 1953, when active cases began to be reported in the United States, 
until 1984, the number of annual reported cases declined 74 percent, 
from 84,304 to 22,255. However, this steady decline in TB cases did not 
continue. Instead, from 1985 through 1992 the number of reported TB 
cases increased 20.1 percent. In 1992 more than 26,000 new cases of 
active TB were reported in the United States. In New York City alone, 
3,700 cases of active TB were reported in 1991. While a decrease in 
active cases has been observed recently, there were still 19,851 
reported cases in 1996. A large portion of the decrease occurred in 
high incidence areas where intervention efforts have been focused. 
However, over thirteen states showed an increase or no change in the 
number of reported cases in 1997. In addition, the factors that led to 
the recent resurgence of TB (e.g., increases in homelessness, HIV 
infection, immigration from countries with high rates of infection) 
still exist and the job duties of certain workers require them to be 
exposed to patients and clients with suspected or confirmed infectious 
TB. In addition, outbreaks of multidrug-resistant TB (MDR-TB) continue 
to occur. These strains of TB are resistant to several of the first-
line anti-TB drugs. This multidrug-resistant TB (MDR-TB) is often fatal 
due to the difficulty of halting the progression of the disease. 
Individuals with MDR-TB often remain infectious for longer periods of 
time due to delays in diagnosing resistance patterns and initiating 
proper treatment. This lengthened period of infectiousness increases 
the risk that the organism will be transmitted to other persons coming 
in contact with such individuals.
Providing health care for individuals with TB increases the risk of

[[Page 21552]]

occupational exposure among health care workers. In fact, several 
outbreaks of tuberculosis, including MDR-TB, have occurred in health 
care facilities, resulting in transmission to both patients and health 
care workers. CDC found that factors contributing to these outbreaks 
included delayed diagnosis of TB, delayed recognition of drug 
resistance, delayed initiation of effective therapy, delayed initiation 
and inadequate duration of TB isolation, inadequate ventilation in TB 
isolation rooms, lapses in TB isolation practices, inadequate 
precautions for cough-inducing procedures, and lack of adequate 
respiratory protection. CDC analyzed data from three of the health care 
facilities involved in the outbreaks, and determined that transmission 
of TB decreased significantly or ceased entirely in areas where 
recommended TB control measures were implemented. In addition, workers 
outside of health care may provide services to patient or client 
populations that have an increased rate of TB. For example, 
occupational transmission of TB has been documented in correctional 
facilities.

Summary of the Legal Basis: The legal basis for the proposed TB 
standard is a preliminary finding by the Secretary of Labor that 
workers in hospitals, nursing homes, hospices, correctional facilities, 
homeless shelters, and certain other work settings are at significant 
risk of incurring TB infection while caring for their patients and 
clients or performing certain procedures.

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

Anticipated Costs and Benefits: Costs will be incurred by employers for 
engineering controls, respiratory protection, medical surveillance, 
training, exposure control, recordkeeping, and work practice controls. 
Benefits will include the prevention of occupationally-related TB 
transmissions and infections, and a corresponding reduced risk of 
exposure among the general population. OSHA estimates that more than 5 
million workers are exposed to TB in the course of their work. The 
Agency estimates that the proposed provisions will result in an annual 
cost of 245 million dollars. Implementation of the standard is 
estimated to reduce the number of job-related cases of TB by 70-90 
percent in the work settings covered, thus preventing approximately 
21,400 to 25,800 work-related infections per year, 1,500 to 1,700 
active cases of TB resulting from these infections, and 115 to 136 
deaths resulting from these active cases.

Risks: From 1985 to 1992, the number of reported cases of TB in the 
U.S. increased, reversing a previous 30-year downward trend. While 
there has been a recent decrease in the reported number of cases of TB 
in the general population, a large part of this decrease can be 
attributed to focused intervention efforts in areas of high incidence 
of TB. Thirteen states showed an increase or no change in the number of 
reported TB cases in 1997, and the factors that contributed to the 
resurgence continue to exist along with exposure of certain workers to 
patient and client populations with an increased rate of TB. In 
addition, outbreaks of multidrug-resistant TB, a more fatal form of the 
disease, continue to occur. Therefore, employees in work settings such 
as health care or correctional facilities, who have contact with 
infectious individuals, are at high risk of occupational transmission. 
TB is a contagious disease spread by airborne particles known as 
droplet nuclei. Active disease can cause signs and symptoms such as 
fatigue, weight loss, fever, night sweats, loss of appetite, persistent 
cough, and shortness of breath, and may possibly result in serious 
respiratory illness or death.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

SBREFA Panel                    09/10/96
NPRM                            10/17/97                    62 FR 54160
NPRM Comment Period End         02/17/98                    62 FR 65388
Post Hearing Comment End        10/05/98
Final Rule                      12/00/00

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

Government Levels Affected: State, Local, Tribal, Federal

Additional Information: During the rulemaking, OSHA met with small 
business stakeholders to discuss their concerns, and conducted an 
initial Regulatory Flexibility Analysis to identify any significant 
impacts on a substantial number of small entities. In addition, OSHA 
conducted a special study of homeless shelters and set aside certain 
hearing dates for persons who wished to testify on homeless shelter 
issues.

Agency Contact: Adam Finkel, Director, Health Standards Programs, 
Department of Labor, Occupational Safety and Health Administration, 200 
Constitution Avenue NW., Room N3718, FP Building, Washington, DC 20210
Phone: 202 693-1950
Fax: 202 693-1678

RIN: 1218-AB46
_______________________________________________________________________




2039. 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                             To Be                       Determined

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: Undetermined

Agency Contact: Marthe B. Kent, Director, Directorate of Safety

[[Page 21553]]

Standards Programs, Department of Labor, Occupational Safety and Health 
Administration, 200 Constitution Avenue NW., Room N3605, FP Building, 
Washington, DC 20210
Phone: 202 693-2222
Fax: 202 693-1663

RIN: 1218-AB64
_______________________________________________________________________




2040. OCCUPATIONAL EXPOSURE TO CRYSTALLINE SILICA

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

Unfunded Mandates: Undetermined

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

CFR Citation:  29 CFR 1910; 29 CFR 1926; 29 CFR 1915; 29 CFR 1916; 29 
CFR 1917; 29 CFR 1918

Legal Deadline: None

Abstract: Silica exposure remains a serious threat to nearly 2 million 
U.S. workers, including more that 100,000 workers in high risk jobs 
such as abrasive blasting, foundry work, stonecutting, rock drilling, 
quarry work and tunneling. The seriousness of the health hazards 
associated with silica exposure is demonstrated by the fatalities and 
disabling illnesses that continue to occur in sandblasters and rock 
drillers and by recent studies that demonstrate a statistically 
significant increase in lung cancer among silica-exposed workers. In 
October 1996, the International Agency for Research on Cancer 
classified crystalline silica as ``carcinogenic to humans.'' Exposure 
studies indicate that some workers are still exposed to very high 
levels of silica. Although OSHA currently has a permissible exposure 
limit for crystalline silica (10mg/m3 divided by the percent of silica 
in the dust + 2 respirable), more than 30 percent of OSHA-collected 
silica samples from 1982 through 1991 exceeded this limit. Additionally 
recent studies suggest that the current OSHA standard is insufficient 
to protect against silicosis. For example, a recent study concluded 
that a 45-year exposure under the current OSHA standard would lead to a 
lifetime risk of silicosis of 35 percent to 47 percent.
OSHA plans to publish a proposed rule on crystalline silica because the 
agency has preliminarily concluded that there will be no significant 
progress in the prevention of silica-related diseases without the 
adoption of a full and comprehensive silica standard, including 
provisions for exposure monitoring, engineering and work practice 
controls, training and education, respiratory protection, and medical 
surveillance. A comprehensive standard will improve worker protection, 
ensure adequate prevention programs, and further reduce the incidence 
of silica-related diseases.

Statement of Need: The current OSHA permissible exposure limit for 
silica is 10mg/m3 divided by the percent of silica in the dust + 2 
(respirable) and 30 mg/m3 divided by the percent of silica in the dust 
+ 2 (total dust). In the interval since this limit was promulgated 
there have been a number of studies of workers that have estimated that 
close to 50 percent of workers exposed to silica at the current limit 
for a 45-year working lifetime would develop silicosis, a disabling, 
progressive and sometimes fatal disease involving scarring of the lung, 
coughing, and shortness of breath. There are currently about 300 deaths 
reported per year from silicosis. However, the actual number of cases 
and the true risk is unknown due to inadequate case ascertainment, 
which means that the number of deaths is probably underreported. Also, 
since the promulgation of OSHA's permissible exposure limit, studies 
have demonstrated a statistically significant, dose-related increase in 
lung cancer in several occupational groups.
Because of these recent findings, OSHA believes that it will be 
necessary to conduct a risk assessment to determine whether the current 
permissible exposure limit is protective of worker health. OSHA also 
believes that, in addition to the permissible exposure limit, the 
ancillary provisions, such as engineering controls, provided by a 
comprehensive standard will be necessary to reduce worker exposure to 
crystalline silica.

Summary of the Legal Basis: The legal basis for the proposed rule is a 
preliminary determination by the Secretary of Labor that exposure to 
silica at the Agency's current permissible exposure limits poses a 
significant risk of material impairment of health and that a standard 
will substantially reduce that risk.

Alternatives: OSHA has considered or conducted several programs 
designed to reduce worker exposure to crystalline silica. The OSHA 
Special Emphasis Program for Silicosis provides inspection targeting to 
reduce or eliminate workplace exposures to crystalline silica. The 
National Campaign to Eliminate Silicosis being conducted by OSHA (in 
conjunction with the National Institute for Occupational Safety and 
Health, the Mine Safety and Health Administration, and the American 
Lung Association) is an ongoing program involving outreach and 
education and the dissemination of materials on methods to reduce 
worker exposure to crystalline silica. Other nonregulatory approaches 
might include the issuance of nonmandatory guidelines, enforcing lower 
limits through the ``general duty'' clause of the OSH Act in cases 
where substantial evidence exists that exposure presents a recognized 
hazard of death or serious physical harm, and the issuance of hazard 
alerts. Although these approaches may be partially effective in 
reducing worker exposure to crystalline silica and reducing disease 
risk, OSHA believes that progress in the prevention of silica-related 
diseases demands the issuance of a comprehensive silica standard.

Anticipated Costs and Benefits: The scope of the proposed rule is 
currently under development and thus quantitative estimates of costs 
and benefits have not been determined at this time.

Risks: OSHA has not yet completed an assessment of the risks of 
exposure to crystalline silica. Other studies have shown risks ranging 
from 35 to 47 percent among workers exposed over a working lifetime and 
have additionally identified silica as a potential occupational 
carcinogen.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            06/00/00

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: 202 693-1950

[[Page 21554]]

Fax: 202 693-1678

RIN: 1218-AB70
_______________________________________________________________________




2041. 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                             To Be                       Determined

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: Undetermined

Agency Contact: Russell B. Swanson, Director, Directorate of 
Construction, Department of Labor, Occupational Safety and Health 
Administration, 200 Constitution Avenue NW., Room S1506, FP Building, 
Washington, DC 20210
Phone: 202 693-2020
Fax: 202 693-1689

RIN: 1218-AB71
_______________________________________________________________________




2042. 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 used in dental 
appliances, golf clubs, non-sparking tools, wheel chairs, etc. 
Beryllium is also used in the ceramics industry. The current 
permissible exposure limits for beryllium are: an 8-hour TWA of 2 ug/
m3; a 5 ug/m3 ceiling concentration not to be exceeded over a 30-minute 
period; 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 CBD 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 relocation 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                             To Be                       Determined

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: 202 693-1950
Fax: 202 693-1678

RIN: 1218-AB76
_______________________________________________________________________




2043. 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.

[[Page 21555]]

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                            06/00/00

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: Undetermined

Agency Contact: Marthe B. Kent, 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: 202 693-2222
Fax: 202 693-1663

RIN: 1218-AB78
_______________________________________________________________________




2044. 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

Government Levels Affected: None

Agency Contact: Marthe B. Kent, 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: 202 693-2222
Fax: 202 693-1663

RIN: 1218-AB80
_______________________________________________________________________


DEPARTMENT OF LABOR (DOL)                             Completed Actions


Occupational Safety and Health Administration (OSHA)



_______________________________________________________________________




2045. 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 1926.602

Legal Deadline: None

Abstract: Operation of powered industrial trucks, such as forklifts, is 
one of the leading causes of fatalities in the private sector. On 
average, there are 110 fatalities and 95,000 injuries annually in the 
workplace from this cause.
The former 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 former standard 
to increase its effectiveness by requiring, in performance language, 
initial and refresher training and evaluation as necessary. The 
frequency of the refresher training is based upon the vehicle 
operator's knowledge, skills, and abilities to perform the job safely. 
OSHA also states in the revised rule what information the training 
should include. This rule applies 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                    12/01/98                    63 FR 66238

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Additional Information: The final rule will prevent an estimated 11 
deaths and 9500 injuries per year. Compliance with the new rule is 
required by November 11, 1999.

Agency Contact: Marthe B. Kent, 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: 202 693-2222
Fax: 202 693-1663

RIN: 1218-AB33


_______________________________________________________________________



[[Page 21556]]

2046. PERMIT REQUIRED CONFINED SPACES (GENERAL INDUSTRY: PREVENTING 
SUFFOCATION/EXPLOSIONS IN CONFINED SPACES)

Priority:  Substantive, Nonsignificant

Legal Authority:  29 USC 655(b)

CFR Citation:  29 CFR 1910.146

Legal Deadline: None

Abstract: OSHA issued a final standard governing employee entry into 
confined spaces in general industry on January 14, 1993 (58 FR 4462). 
The standard was challenged by a number of parties including the United 
Steelworkers of America. OSHA reached a settlement agreement with the 
Steelworkers in June 1994. As part of this settlement agreement, OSHA 
issued a proposal on November 28, 1994 (59 FR 60735), to clarify 
paragraph (k) of the rule, Rescue and Emergency Services. OSHA also 
proposed to allow more flexibility in the point of retrieval line 
attachment and asked whether the standard should provide affected 
employees or their representatives with the opportunity to observe the 
evaluation of confined spaces, including atmospheric testing, and to 
have access to evaluation results. Hearings were held September 27-28 
1995. The post-hearing comment period ended on December 20, 1995. In 
February 1996, the record was closed. The final rule was issued on 
December 1, 1998 (63 FR 66018).

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            11/28/94                    59 FR 60735
NPRM Comment Period End         02/27/95
Final Action                    12/01/98                    63 FR 66018

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Agency Contact: Marthe B. Kent, 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: 202 693-2222
Fax: 202 693-1663

RIN: 1218-AB52
[FR Doc. 99-7009 Filed 04-23-99; 8:45 am]
BILLING CODE 4510-23-F
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