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



[[Page 64621]]

_______________________________________________________________________

Part XII





Department of Labor





_______________________________________________________________________



Semiannual Regulatory Agenda

[[Page 64622]]



Department of Labor (DOL)                                              


  



_______________________________________________________________________

DEPARTMENT OF LABOR

Office of the Secretary

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

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

30 CFR Ch. I

41 CFR Ch. 60

48 CFR Ch. 29

Semiannual Agenda of Regulations

AGENCY:  Office of the Secretary, Labor.

ACTION:  Semiannual regulatory agenda.

_______________________________________________________________________

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

     For this edition of the Department of Labor's regulatory 
agenda, the most important significant regulatory actions are 
included in The Regulatory Plan, which appears in part II of this 
issue of the Federal Register. The Regulatory Plan entries are 
listed in the table of contents below and are denoted by a 
bracketed bold reference, which directs the reader to the 
appropriate sequence number in part II. Executive Order 12866 
became effective September 30, 1993, and in substance, requires the 
Department of Labor to publish an agenda listing all the 
regulations it expects to have under active consideration for 
promulgation, proposal, or review during the coming 1-year period. 
The focus of all departmental regulatory activity will be on the 
development of effective rules that advance the Department's goals 
and that are understandable and usable to the employers and 
employees in all affected workplaces.

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

     The Regulatory Flexibility Act (under section 610) also 
requires agencies to periodically review rules ``which have or will 
have a significant economic impact upon a substantial number of 
small entities'' and to annually publish a list of the rules that 
will be reviewed during the succeeding 12 months. The purpose of 
the review is to determine whether the rule should be continued 
without change, amended, or rescinded. In the November 9, 1998, 
Unified Agenda, the Department listed six rules that were to be 
reviewed in the succeeding 12 months.

     The Employment Standards Administration (ESA) reviewed 
Government Contractors: Nondiscrimination and Affirmative Action 
Obligations (41 CFR 60-2) that was last reviewed in 1970. ESA has 
determined there is a continued need for 41 CFR 60-2. ESA is 
simplifying the regulation to lessen the impact on small entities 
and plans to publish a Notice of Proposed Rulemaking in March 2000.

     The Occupational Safety and Health Administration (OSHA) had 
four items on the last two years' review lists: Control of 
Hazardous Energy Sources (Lockout/Tagout), Occupational Exposure to 
Ethylene Oxide, Grain Handling Facilities, and Cotton Dust. OSHA 
held public hearings in July 1998 on the Cotton Dust and Grain 
Handling standards. OSHA expects to make a decision on whether and 
what action to take regarding the Cotton Dust standard in May 2000, 
the Grain Handling standard in June 2000, and Ethylene Oxide 
Standard in December 1999. OHSA has determined that the lockout/
tagout rule is necessary. However, it will revise the compliance 
directive and develop and disseminate compliance assistance 
materials.

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

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

Employment Standards Administration 

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

Occupational Safety and Health Administration 

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

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

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

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

Mine Safety and Health Administration 

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

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

 Alexis M. Herman,

Secretary of Labor.

[[Page 64623]]



                                  Office of the Secretary--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
2031         Production or Disclosure of Information or Materials...............................     1290-AA17
2032         Equal Access to Justice Act........................................................     1290-AA18
----------------------------------------------------------------------------------------------------------------


                                    Office of the Secretary--Final Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
2033         Supplemental Standards of Ethical Conduct for Employees of the Department of Labor.     1290-AA15
2034         Process for Electing State Employment Statistics Agency Representatives for             1290-AA19
            Consultations With Department of Labor..............................................
----------------------------------------------------------------------------------------------------------------


                                   Office of the Secretary--Completed Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
2035         Use of Settlement Judges in Longshore and Related Proceedings Before the Office of      1290-AA20
            Administrative Law Judges...........................................................
----------------------------------------------------------------------------------------------------------------


                            Employment Standards Administration--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
2036         Government Contractors: Nondiscrimination and Affirmative Action Obligations,           1215-AA01
            Executive Order 11246 (ESA/OFCCP) (Section 610 Review) (Reg Plan Seq. No. 63).......
2037         Child Labor Regulations, Orders, and Statements of Interpretation (ESA/W-H) (Reg        1215-AA09
            Plan Seq. No. 64)...................................................................
2038         Defining and Delimiting the Term ``Any Employee Employed in a Bona Fide Executive,      1215-AA14
            Administrative, or Professional Capacity'' (ESA/W-H) (Reg Plan Seq. No. 65).........
2039         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.......................................
2040         Benefits Under the Federal Coal Mine Safety and Health Act of 1977, as Amended          1215-AA99
            Affecting the Black Lung Benefits Act...............................................
2041         Records To Be Kept by Employers Under the Fair Labor Standards Act.................     1215-AB03
2042         Assessment and Collection of User Fees.............................................     1215-AB06
2043         Exemptions Applicable to Agriculture, Processing of Agricultural Commodities, and       1215-AB11
            Related Subjects Under the Fair Labor Standards Act.................................
2044         Implementation of the 1996 Amendments to the Fair Labor Standards Act..............     1215-AB13
2045         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.....................................................................
2046         Affirmative Action and Nondiscrimination Obligations of Contractors and                 1215-AB23
            Subcontractors Regarding Individuals With Disabilities..............................
2047         Affirmative Action and Nondiscrimination Obligations of Contractors and                 1215-AB24
            Subcontractors for Special Disabled Veterans and Veterans of the Vietnam Era........
2048         Service Contract Act Exemption for Certain Commercial Service Contracts............     1215-AB26
2049         Affirmative Action and Nondiscrimination Obligations of Contractors and                 1215-AB27
            Subcontractors Regarding Special Disabled Veterans and Veterans of the Vietnam Era
            (Revised)...........................................................................
2050         Government Contractors: Nondiscrimination and Affirmative Action Obligations,           1215-AB28
            Executive Order 11246 (ESA/OFCCP) (Revised).........................................
----------------------------------------------------------------------------------------------------------------
References in boldface appear in the Regulatory Plan in Part II of this issue of the Federal Register.


[[Page 64624]]


                              Employment Standards Administration--Final Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
2051         Standards for Waivers Under Section 503 of the Rehabilitation Act..................     1215-AA84
2052         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) (Reg Plan Seq. No. 66).................................
2053         Labor Condition Applications and Requirements for Employers Using Nonimmigrants on      1215-AB09
            H-1B Visas in Specialty Occupations and as Fashion Models...........................
2054         Minimum Wage and Overtime Violations--Civil Money Penalties (29 CFR 578); Child         1215-AB20
            Labor Violations--Civil Money Penalties (29 CFR 579); Adjustment of Civil Money
            Penalties for Inflation.............................................................
----------------------------------------------------------------------------------------------------------------
References in boldface appear in the Regulatory Plan in Part II of this issue of the Federal Register.


                             Employment Standards Administration--Long-Term Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
2055         Enforcement of Contractual Obligations for Temporary Alien Agricultural Workers         1215-AA43
            Admitted Under Section 216 of the Immigration and Nationality Act...................
2056         Application of the Fair Labor Standards Act to Domestic Service....................     1215-AA82
2057         Reporting by Labor Relations Consultants and Other Persons.........................     1215-AB14
----------------------------------------------------------------------------------------------------------------


                             Employment Standards Administration--Completed Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
2058         Amendment to Section 5333(b) Guidelines To Carry Out New Programs Authorized by the     1215-AB25
            Transportation Equity Act for the 21st Century......................................
----------------------------------------------------------------------------------------------------------------


                           Employment and Training Administration--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
2059         Disaster Unemployment Assistance Program, Amendment to Regulations.................     1205-AB02
2060         Federal-State Unemployment Compensation Program; Unemployment Insurance Performance     1205-AB10
            System..............................................................................
2061         Birth and Adoption Unemployment Compensation (Reg Plan Seq. No. 67)................     1205-AB21
2062         Labor Certification and Petition Process for the Temporary Employment of                1205-AB24
            Nonimmigrant Aliens in Agriculture in the United States; Modification of Fee
            Structure...........................................................................
----------------------------------------------------------------------------------------------------------------
References in boldface appear in the Regulatory Plan in Part II of this issue of the Federal Register.


                            Employment and Training Administration--Final Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
2063         Trade Adjustment Assistance for Workers--Implementation of 1988 Amendments.........     1205-AB05
2064         Welfare-to-Work (WTW) Grants (Reg Plan Seq. No. 68)................................     1205-AB15
2065         Federal-State Unemployment Compensation Program; Confidentiality and Disclosure of      1205-AB18
            Information in State Records........................................................
2066         Workforce Investment Act of 1998 (Reg Plan Seq. No. 69)............................     1205-AB20
2067         Labor Certification and Petition Process for the Temporary Employment of                1205-AB23
            Nonimmigrant Aliens in Agriculture in the United States; Delegation of Authority to
            Adjudicate H-2A Petitions...........................................................
----------------------------------------------------------------------------------------------------------------
References in boldface appear in the Regulatory Plan in Part II of this issue of the Federal Register.


[[Page 64625]]


                            Employment and Training Administration--Long-Term Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
2068         Services to Migrant and Seasonal Farmworkers, Job Service Complaint System,             1205-AA37
            Monitoring, and Enforcement.........................................................
2069         Labor Certification Process for the Permanent Employment of Aliens in the United        1205-AA66
            States..............................................................................
2070         Trade Adjustment Assistance for Workers--Transitional Adjustment Assistance NAFTA-      1205-AB07
            TAA.................................................................................
2071         Establishment of Fees for Immigration Programs Administered by the Employment and       1205-AB14
            Training Administration.............................................................
2072         Indian and Native American Welfare-to-Work Program.................................     1205-AB16
----------------------------------------------------------------------------------------------------------------


                            Employment and Training Administration--Completed Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
2073         Airline Deregulation: Employee Benefit Program.....................................     1205-AB17
2074         Labor Certification Process for the Temporary Employment of Aliens in Agriculture       1205-AB19
            in the United States; Administrative Measures To Improve Program Performance........
----------------------------------------------------------------------------------------------------------------


                        Pension and Welfare Benefits Administration--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
2075         Definition of Collective Bargaining Agreement (ERISA Section 3(40))................     1210-AA48
2076         Rulemaking Relating to Notice Requirements for Continuation of Health Care Coverage     1210-AA60
2077         Elimination of Filing Requirements for Summary Plan Descriptions...................     1210-AA66
2078         Requirement To Furnish Plan Documents Upon Request by the Secretary of Labor.......     1210-AA67
2079         Civil Penalty for Failure To Furnish Certain Plan Documents........................     1210-AA68
2080         National Medical Support Notice (Reg Plan Seq. No. 70).............................     1210-AA72
2081         Small Pension Plan Security Amendments.............................................     1210-AA73
----------------------------------------------------------------------------------------------------------------
References in boldface appear in the Regulatory Plan in Part II of this issue of the Federal Register.


                          Pension and Welfare Benefits Administration--Final Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
2082         Revision of the Form 5500 Series and Implementing and Related Regulations Under the     1210-AA52
            Employee Retirement Income Security Act of 1974 (ERISA) (Reg Plan Seq. No. 71)......
2083         Regulations Implementing the Health Care Access, Portability and Renewability           1210-AA54
            Provisions of the Health Insurance Portability and Accountability Act of 1996 (Reg
            Plan Seq. No. 72)...................................................................
2084         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
            (Reg Plan Seq. No. 73)..............................................................
2085         Limitation of Liability for Insurers and Others Under Part 4 of Title I of ERISA        1210-AA58
            and Section 4975 of the Internal Revenue Code.......................................
2086         Amendments to Employee Benefit Plan Claims Procedures Regulation (Reg Plan Seq. No.     1210-AA61
            74).................................................................................
2087         Mental Health Benefits Parity......................................................     1210-AA62
2088         Health Care Standards for Mothers and Newborns (Reg Plan Seq. No. 75)..............     1210-AA63
2089         Reporting Requirements for MEWAs Providing Medical Care Benefits...................     1210-AA64
2090         Amendments to Summary Plan Description Regulations (Reg Plan Seq. No. 76)..........     1210-AA69
2091         Electronic Disclosure of Employee Benefit Plan Information.........................     1210-AA71
2092         Soft Dollar (Interpretive Bulletin)................................................     1210-AA74
2093         Request for Information Relating to the Women's Health and Cancer Rights Act of         1210-AA75
            1998................................................................................
2094         Voluntary Fiduciary Correction Program.............................................     1210-AA76
2095         Prohibiting Discrimination Against Participants and Beneficiaries Based on Health       1210-AA77
            Status..............................................................................
----------------------------------------------------------------------------------------------------------------
References in boldface appear in the Regulatory Plan in Part II of this issue of the Federal Register.


[[Page 64626]]


                         Pension and Welfare Benefits Administration--Long-Term Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
2096         Adequate Consideration.............................................................     1210-AA15
2097         Civil Penalties Under ERISA Section 502(1).........................................     1210-AA37
2098         Individual Benefits Reporting Requirements for Defined Contribution Plans..........     1210-AA65
----------------------------------------------------------------------------------------------------------------


                         Pension and Welfare Benefits Administration--Completed Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
2099         Payroll Deduction Programs for Contributions to Individual Retirement Accounts          1210-AA70
            (Interpretive Bulletin).............................................................
----------------------------------------------------------------------------------------------------------------


                              Mine Safety and Health Administration--Prerule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
2100         Occupational Exposure to Coal Mine Dust (Lowering Exposure Limit)..................     1219-AB08
----------------------------------------------------------------------------------------------------------------


                           Mine Safety and Health Administration--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
2101         Belt Entry Use as Intake Aircourse To Ventilate Working Sections...................     1219-AA76
2102         Metal/Nonmetal Impoundments........................................................     1219-AA83
2103         Surface Haulage....................................................................     1219-AA93
2104         Improving and Eliminating Regulations..............................................     1219-AA98
2105         Training and Retraining of Miners (Rulemaking Resulting From a Section 610 Review).     1219-AB02
2106         Verification of Dust Control Plan and Continuous Monitoring (Reg Plan Seq. No. 77).     1219-AB14
2107         Determination of Concentration of Respirable Coal Mine Dust (Reg Plan Seq. No. 78).     1219-AB18
2108         Safety Standards for Self-Rescue Devices in Underground Coal Mines; Safety              1219-AB19
            Standards for Self-Rescue Devices in Category I through V Gassy Underground Metal
            and Nonmetal Mines..................................................................
----------------------------------------------------------------------------------------------------------------
References in boldface appear in the Regulatory Plan in Part II of this issue of the Federal Register.


                             Mine Safety and Health Administration--Final Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
2109         Hazard Communication...............................................................     1219-AA47
2110         Diesel Particulate Matter (Exposure of Underground Coal Miners) (Reg Plan Seq. No.      1219-AA74
            79).................................................................................
2111         Longwall Equipment (Including High-Voltage)........................................     1219-AA75
2112         Requirements for Approval of Flame-Resistant Conveyor Belts........................     1219-AA92
2113         Diesel Particulate Matter (Exposure of Underground Metal and Nonmetal Miners) (Reg      1219-AB11
            Plan Seq. No. 80)...................................................................
----------------------------------------------------------------------------------------------------------------
References in boldface appear in the Regulatory Plan in Part II of this issue of the Federal Register.


                            Mine Safety and Health Administration--Long-Term Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
2114         Air Quality, Chemical Substances, and Respiratory Protection Standards.............     1219-AA48
2115         Confined Spaces....................................................................     1219-AA54
2116         Independent Laboratory Testing.....................................................     1219-AA87

[[Page 64627]]

 
2117         Safety Standards for the Use of Roof-Bolting Machines..............................     1219-AA94
2118         Safety Standard Revisions for Underground Anthracite Mines.........................     1219-AA96
2119         Electrical Standards for Metal and Nonmetal Mines..................................     1219-AB01
2120         Respirable Crystalline Silica Standard.............................................     1219-AB12
2121         Mine Rescue Teams..................................................................     1219-AB20
----------------------------------------------------------------------------------------------------------------


                            Mine Safety and Health Administration--Completed Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
2122         Noise Standard.....................................................................     1219-AA53
2123         Safety Standards for Methane in Metal and Nonmetal Mines...........................     1219-AA90
2124         Safety Standards for Underground Coal Mine Ventilation--Preshift Examination            1219-AB10
            Intervals...........................................................................
2125         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
----------------------------------------------------------------------------------------------------------------


              Office of the Assistant Secretary for Administration and Management--Final Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
2126         Nondiscrimination on the Basis of Age in Programs and Activities Receiving Federal      1291-AA21
            Financial Assistance From the Department of Labor...................................
2127         Implementation of the Nondiscrimination and Equal Opportunity Requirements of the       1291-AA29
            Workforce Investment Act of 1998....................................................
----------------------------------------------------------------------------------------------------------------


             Office of the Assistant Secretary for Administration and Management--Long-Term Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
2128         Department of Labor Acquisition Regulation.........................................     1291-AA20
2129         Audits of States, Local Governments, and Nonprofit Organizations...................     1291-AA26
2130         Audit Requirements for Grants, Contracts, and Other Agreements.....................     1291-AA27
2131         Nondiscrimination on the Basis of Disability in Programs and Activities Receiving       1291-AA28
            or Benefiting From Federal Financial Assistance.....................................
----------------------------------------------------------------------------------------------------------------


                          Occupational Safety and Health Administration--Prerule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
2132         Control of Hazardous Energy Sources (Lockout/Tagout) (Section 610 Review)..........     1218-AB59
2133         Occupational Exposure to Ethylene Oxide (Section 610 Review).......................     1218-AB60
2134         Fall Protection in the Construction Industry.......................................     1218-AB62
2135         Process Safety Management of Highly Hazardous Chemicals............................     1218-AB63
2136         Safety Standards for Scaffolds Used in the Construction Industry--Part II..........     1218-AB68
2137         Grain Handling Facilities (Section 610 Review).....................................     1218-AB73
2138         Cotton Dust (Section 610 Review)...................................................     1218-AB74
2139         Occupational Exposure to Perchloroethylene.........................................     1218-AB86
2140         Hearing Loss Prevention in Construction Workers....................................     1218-AB89
----------------------------------------------------------------------------------------------------------------


[[Page 64628]]


                       Occupational Safety and Health Administration--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
2141         Ergonomics Programs: Preventing Musculoskeletal Disorders (Reg Plan Seq. No. 81)...     1218-AB36
2142         Safety and Health Programs (for General Industry and the Maritime Industries) (Reg      1218-AB41
            Plan Seq. No. 82)...................................................................
2143         Fire Protection in Shipyard Employment (Part 1915, Subpart P) (Shipyards: Fire          1218-AB51
            Safety).............................................................................
2144         Permissible Exposure Limits (PELs) for Air Contaminants (Reg Plan Seq. No. 83).....     1218-AB54
2145         Nationally Recognized Testing Laboratories Programs: Fees..........................     1218-AB57
2146         Plain Language Revision of the Mechanical Power-Transmission Apparatus Standard....     1218-AB66
2147         Occupational Exposure to Crystalline Silica........................................     1218-AB70
2148         Standards Improvement (Miscellaneous Changes) for General Industry, Marine              1218-AB81
            Terminals, and Construction Standards (Phase II)....................................
2149         Spray Applications.................................................................     1218-AB84
2150         Signs, Signals, and Barricades.....................................................     1218-AB88
----------------------------------------------------------------------------------------------------------------
References in boldface appear in the Regulatory Plan in Part II of this issue of the Federal Register.


                         Occupational Safety and Health Administration--Final Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
2151         Steel Erection (Part 1926) (Safety Protection for Ironworkers) (Reg Plan Seq. No.       1218-AA65
            84).................................................................................
2152         Recording and Reporting Occupational Injuries and Illnesses (Simplified Injury/         1218-AB24
            Illness Recordkeeping Requirements) (Reg Plan Seq. No. 85)..........................
2153         Occupational Exposure to Tuberculosis (Reg Plan Seq. No. 86).......................     1218-AB46
2154         Employer Payment for Personal Protective Equipment (Reg Plan Seq. No. 87)..........     1218-AB77
2155         Consultation Agreements............................................................     1218-AB79
----------------------------------------------------------------------------------------------------------------
References in boldface appear in the Regulatory Plan in Part II of this issue of the Federal Register.


                        Occupational Safety and Health Administration--Long-Term Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
2156         Respiratory Protection (Proper Use of Modern Respirators)..........................     1218-AA05
2157         Longshoring and Marine Terminals (Parts 1917 and 1918) -- Reopening of the Record       1218-AA56
            (Vertical Tandem Lifts (VTLs))......................................................
2158         Scaffolds in Shipyards (Part 1915 -- Subpart N)....................................     1218-AA68
2159         Access and Egress in Shipyards (Part 1915, Subpart E) (Shipyards: Emergency Exits       1218-AA70
            and Aisles).........................................................................
2160         Glycol Ethers: 2-Methoxyethanol, 2-Ethoxyethanol, and Their Acetates: Protecting        1218-AA84
            Reproductive Health.................................................................
2161         Accreditation of Training Programs for Hazardous Waste Operations (Part 1910)......     1218-AB27
2162         Indoor Air Quality in the Workplace................................................     1218-AB37
2163         Occupational Exposure to Hexavalent Chromium (Preventing Occupational Illness:          1218-AB45
            Chromium)...........................................................................
2164         Confined Spaces in Construction (Part 1926): Preventing Suffocation/Explosions in       1218-AB47
            Confined Spaces.....................................................................
2165         General Working Conditions for Shipyard Employment.................................     1218-AB50
2166         Metalworking Fluids: Protecting Respiratory Health.................................     1218-AB58
2167         Flammable and Combustible Liquids..................................................     1218-AB61
2168         Revocation of Certification Records for Tests, Inspections, and Training...........     1218-AB65
2169         Electric Power Transmission and Distribution; Electrical Protective Equipment in        1218-AB67
            the Construction Industry...........................................................
2170         Safety and Health Programs for Construction........................................     1218-AB69
2171         Control of Hazardous Energy (Lockout) in Construction (Part 1926) (Preventing           1218-AB71
            Construction Injuries/Fatalities: Lockout)..........................................
2172         Occupational Exposure to Beryllium.................................................     1218-AB76
2173         Consolidation of Records Maintenance Requirements in OSHA Standards................     1218-AB78
2174         Walking Working Surfaces and Personal Fall Protection Systems (1910) (Slips, Trips      1218-AB80
            and Fall Prevention)................................................................
2175         Exit Routes........................................................................     1218-AB82
2176         Oil and Gas Well Drilling and Servicing............................................     1218-AB83
2177         Prevention of Needlestick and Other Sharps Injuries................................     1218-AB85
2178         Sanitation.........................................................................     1218-AB87
----------------------------------------------------------------------------------------------------------------


[[Page 64629]]


                        Occupational Safety and Health Administration--Completed Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
2179         Plain Language Revision of Existing Standards......................................     1218-AB55
2180         Fire Brigades......................................................................     1218-AB64
----------------------------------------------------------------------------------------------------------------


           Office of the Assistant Secretary for Veterans' Employment & Training--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
2181         Annual Report for Federal Contractors..............................................     1293-AA07
----------------------------------------------------------------------------------------------------------------

_______________________________________________________________________


Department of Labor (DOL)                           Proposed Rule Stage


Office of the Secretary (OS)



_______________________________________________________________________




2031. 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                            01/00/00

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, Room N2428, 200 Constitution Avenue NW, FP 
Building, Washington, DC 20210
Phone: 202 219-8188
Email: [email protected]

RIN: 1290-AA17
_______________________________________________________________________




2032. 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                            01/00/00

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, Room 
N2428, 200 Constitution Avenue NW, FP Building, Washington, DC 20210
Phone: 202 219-8201
Email: [email protected]

RIN: 1290-AA18
_______________________________________________________________________


Department of Labor (DOL)                              Final Rule Stage


Office of the Secretary (OS)



_______________________________________________________________________




2033. 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

[[Page 64630]]

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                    02/00/00

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, Room 
N2428, 200 Constitution Avenue NW, FP Building, Washington, DC 20210
Phone: 202 219-8201
Email: [email protected]

RIN: 1290-AA15
_______________________________________________________________________




2034. 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: Federal, State

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

RIN: 1290-AA19
_______________________________________________________________________


Department of Labor (DOL)                             Completed Actions


Office of the Secretary (OS)



_______________________________________________________________________




2035.  USE OF SETTLEMENT JUDGES IN LONGSHORE AND RELATED 
PROCEEDINGS BEFORE THE OFFICE OF ADMINISTRATIVE LAW JUDGES

Priority: Info./Admin./Other

Legal Authority: 5 USC 301; 5 USC 551-553; 5 USC 571 note; Executive 
Order 12778

CFR Citation: 29 CFR 18.9(e)(2)

Legal Deadline: None

Abstract: The Rules of Practice and Procedure for Administrative 
Hearings Before the Office of Administrative law Judges is amended to 
permit the appointment of settlement judges in cases arising out of 
Longshore and Harbor Workers' Compensation Act, the Defense Base Act, 
the Outer Continental Shelf Lands Act, the Nonappropriated Fund 
Instrumentalities Act, and the former District of Columbia Workmen's 
Compensation Act. Experience with the settlement judge procedure now 
indicates that the appointment of settlement judges in the above cases 
would be appropriate and beneficial.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Final Action                    08/27/99                    64 FR 47088
Final Action Effective          08/27/99

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Agency Contact: John M. Vittone, Chief Administrative Law Judge, Office 
of Administrative Law Judges, Department of Labor, Office of the 
Secretary, Room 400-N, 800 K Street NW, Washington, DC 20001-8002
Phone: 202 565-5341
Fax: 202 565-4094
Email: [email protected]

RIN: 1290-AA20

[[Page 64631]]

_______________________________________________________________________


Department of Labor (DOL)                           Proposed Rule Stage


Employment Standards Administration (ESA)



_______________________________________________________________________




2036. GOVERNMENT CONTRACTORS: NONDISCRIMINATION AND AFFIRMATIVE ACTION 
OBLIGATIONS, EXECUTIVE ORDER 11246 (ESA/OFCCP) (SECTION 610 REVIEW)

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

RIN: 1215-AA01
_______________________________________________________________________




2037. CHILD LABOR REGULATIONS, ORDERS, AND STATEMENTS OF INTERPRETATION 
(ESA/W-H)

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

RIN: 1215-AA09
_______________________________________________________________________




2038. DEFINING AND DELIMITING THE TERM ``ANY EMPLOYEE EMPLOYED IN A BONA 
FIDE EXECUTIVE, ADMINISTRATIVE, OR PROFESSIONAL CAPACITY'' (ESA/W-H)

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

RIN: 1215-AA14
_______________________________________________________________________




2039. 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                     03/00/00

Regulatory Flexibility Analysis Required: No

Government Levels Affected: Federal, State, Local

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

RIN: 1215-AA96
_______________________________________________________________________




2040. 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
2nd NPRM                        10/08/99                    64 FR 54966
2nd NPRM Comment Period End     12/07/99

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, Room C3520, 200 Constitution Avenue NW, FP Building, 
Washington, DC 20210
Phone: 202 693-0046
Fax: 202 693-1395

RIN: 1215-AA99
_______________________________________________________________________




2041. 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

[[Page 64632]]

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                            03/00/00

Regulatory Flexibility Analysis Required: No

Government Levels Affected: Federal, State, Local

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

RIN: 1215-AB03
_______________________________________________________________________




2042. 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                            12/00/99

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

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

RIN: 1215-AB06
_______________________________________________________________________




2043. 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                            02/00/00

Regulatory Flexibility Analysis Required: No

Government Levels Affected: Federal, State

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

RIN: 1215-AB11
_______________________________________________________________________




2044. 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

[[Page 64633]]

$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                            06/00/00

Regulatory Flexibility Analysis Required: No

Government Levels Affected: Federal, State, Local

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

RIN: 1215-AB13
_______________________________________________________________________




2045. 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                            04/00/00

Regulatory Flexibility Analysis Required: No

Government Levels Affected: Federal, State, Local

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

RIN: 1215-AB21
_______________________________________________________________________




2046. 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.

In incorporating the recent revisions of 60-1.20, however, this NPRM 
would remove the obligation to visit an establishment during a 
compliance check, which is currently required by section 60-1.20(a)(3) 
in order to enhance efficiency in resource allocation. (OFCCP also 
proposes to make the same revision in section 60-1.20(a)(3) and in 
section 60-250.60(a)(3) of the regulation implementing the Vietnam Era 
Veterans' Readjustment Assistance Act (VEVRAA).)

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            03/00/00

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, Room N3424, 200 Constitution 
Avenue NW, FP Building, Washington, DC 20210
Phone: 202 693-0102
TDD Phone: 202 693-1308
Fax: 202 693-1304
Email: [email protected]

RIN: 1215-AB23
_______________________________________________________________________




2047. 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; PL 95-520; PL 93-508, Amended; PL 94-502; 
PL 96-466; PL 101-237; EO 11758; PL 97-306; PL 98-223;PL 105-339; 38 
USC 4212; PL 102-16; PL 102-127; PL 102-484

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 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.

[[Page 64634]]

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            03/00/00

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, Room N3424, 200 Constitution 
Avenue NW, FP Building, Washington, DC 20210
Phone: 202 693-0102
TDD Phone: 202 693-1308
Fax: 202 693-1304
Email: [email protected]

RIN: 1215-AB24
_______________________________________________________________________




2048.  SERVICE CONTRACT ACT EXEMPTION FOR CERTAIN COMMERCIAL 
SERVICE CONTRACTS

Priority: Other Significant

Legal Authority: 41 USC 351; 41 USC 38; 41 USC 39; 5 USC 301

CFR Citation: 29 CFR 4.123(e)

Legal Deadline: None

Abstract: This rule proposes to exempt from prevailing wage, fringe 
benefit and related labor standards requirements of the McNamara-O'Hara 
Service Contract Act(SCA) certain types of commercial service contracts 
meeting prescribed criteria pursuant to Section 4(b) of the SCA. The 
exemption has been requested by the Office of Federal Procurement 
Policy(OFPP) following its review of an earlier final rule issued in 
the Federal Acquisition Regulation (FAR) that exempted all subcontracts 
for commercial services from the SCA based on the Federal Acquisition 
Streamlining Act.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            12/00/99

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: Federal

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

RIN: 1215-AB26
_______________________________________________________________________




2049.  AFFIRMATIVE ACTION AND NONDISCRIMINATION OBLIGATIONS OF 
CONTRACTORS AND SUBCONTRACTORS REGARDING SPECIAL DISABLED VETERANS AND 
VETERANS OF THE VIETNAM ERA (REVISED)

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; PL 105-339

CFR Citation: 41 CFR 60-250 (Revision)

Legal Deadline: None

Abstract: OFCCP proposes to amend the regulations at 60-250.60(a)(3) to 
remove the obligation to visit an establishment during a compliance 
check in order to enhance efficiency in resource allocation.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            03/00/00

Regulatory Flexibility Analysis Required: Undetermined

Small Entities Affected: No

Government Levels Affected: Undetermined

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

RIN: 1215-AB27
_______________________________________________________________________




2050.  GOVERNMENT CONTRACTORS: NONDISCRIMINATION AND AFFIRMATIVE 
ACTION OBLIGATIONS, EXECUTIVE ORDER 11246 (ESA/OFCCP) (REVISED)

Priority: Substantive, Nonsignificant

Legal Authority: EO 11246, As Amended

CFR Citation: 41 CFR 60-1(Revision)

Legal Deadline: None

Abstract: OFCCP proposes to amend the regulations at 60-1.20(a)(3) to 
remove the obligation to visit an establishment during a compliance 
check in order to enhance efficiency in resource allocation.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            03/00/00

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, Room N3424, 200 Constitution 
Avenue NW, FP Building, Washington, DC 20210
Phone: 202 693-0102
TDD Phone: 202 693-1308
Fax: 202 693-1304
Email: [email protected]

RIN: 1215-AB28

[[Page 64635]]

_______________________________________________________________________


Department of Labor (DOL)                              Final Rule Stage


Employment Standards Administration (ESA)



_______________________________________________________________________




2051. STANDARDS FOR WAIVERS UNDER SECTION 503 OF THE REHABILITATION ACT

Priority: Substantive, Nonsignificant

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

CFR Citation: 41 CFR 60-741

Legal Deadline: None

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

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            02/14/96                     61 FR 5902
NPRM Comment Period End         04/15/96
Final Action                    03/00/00

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, Room N3424, 200 Constitution 
Avenue NW, FP Building, Washington, DC 20210
Phone: 202 693-0102
TDD Phone: 202 693-1308
Fax: 202 693-1304
Email: [email protected]

RIN: 1215-AA84
_______________________________________________________________________




2052. PROCEDURES FOR PREDETERMINATION OF WAGE RATES (29 CFR PART 1) AND 
LABOR STANDARDS PROVISIONS APPLICABLE TO CONTRACTS COVERING FEDERALLY 
FINANCED AND ASSISTED CONSTRUCTION (29 CFR PART 5)

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

RIN: 1215-AA94
_______________________________________________________________________




2053. 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
NPRM                            01/05/99                      64 FR 628
NPRM Comment Period End         02/04/99
Final Action                    12/00/99

Regulatory Flexibility Analysis Required: No

Government Levels Affected: Federal

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

RIN: 1215-AB09
_______________________________________________________________________




2054. 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                    11/00/99

Regulatory Flexibility Analysis Required: No

Government Levels Affected: Federal, State, Local, Tribal

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

RIN: 1215-AB20

[[Page 64636]]

_______________________________________________________________________


Department of Labor (DOL)                             Long-Term Actions


Employment Standards Administration (ESA)



_______________________________________________________________________




2055. ENFORCEMENT OF CONTRACTUAL OBLIGATIONS FOR TEMPORARY ALIEN 
AGRICULTURAL WORKERS ADMITTED UNDER SECTION 216 OF THE IMMIGRATION AND 
NATIONALITY ACT

Priority: Substantive, Nonsignificant

Legal Authority: PL 99-603

CFR Citation: 29 CFR 501

Legal Deadline: Final, Statutory, June 1, 1987.

Abstract: The Immigration Reform and Control Act of 1986 contains 
certain labor standards requirements for foreign agricultural workers 
employed under the H-2A foreign agricultural worker program, as well as 
for U.S. workers hired by employers who utilize foreign agricultural 
workers. The standards relate to pay, working conditions, housing, 
transportation and recruitment. The Employment Standards Administration 
issued an interim final rule on June 1, 1987 (53 FR 20524), that 
incorporates the labor standards issued by the Employment and Training 
Administration (ETA) and sets forth procedures for enforcement of these 
labor standards.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            05/05/87                    52 FR 16795
NPRM Comment Period End         05/19/87
Interim Final Rule              06/01/87                    52 FR 20524
Final Action                     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, Room S3502, 200 
Constitution Avenue NW, FP Building, Washington, DC 20210
Phone: 202 693-0051
Fax: 202 693-1432

RIN: 1215-AA43
_______________________________________________________________________




2056. 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                             To Be                       Determined

Regulatory Flexibility Analysis Required: No

Government Levels Affected: Federal, State, Local

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

RIN: 1215-AA82
_______________________________________________________________________




2057. 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, Room N5605, 200 Constitution Avenue NW, FP Building, 
Washington, DC 20210
Phone: 202 693-1233
Fax: 202 693-1340

RIN: 1215-AB14

[[Page 64637]]

_______________________________________________________________________


Department of Labor (DOL)                             Completed Actions


Employment Standards Administration (ESA)



_______________________________________________________________________




2058. 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 has amended 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
Final Action                    07/28/99                    64 FR 40990
Final Action Effective          08/27/99

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, Room N5603, 200 Constitution Avenue NW, FP 
Building, Washington, DC 20210
Phone: 202 693-1182
Fax: 202 693-1342

RIN: 1215-AB25
_______________________________________________________________________


Department of Labor (DOL)                           Proposed Rule Stage


Employment and Training Administration (ETA)



_______________________________________________________________________




2059. 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. The NPRM will revise the entire 
part 625 to incorporate ``plain language'' format.

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                            03/00/00
Final Action                    09/00/00

Regulatory Flexibility Analysis Required: Yes

Small Entities Affected: Governmental Jurisdictions

Government Levels Affected: Federal, State

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
_______________________________________________________________________




2060. 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 614.7(c); 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                            01/00/00

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: State

[[Page 64638]]

Agency Contact: Sandra T. King, Chief, Division of Performance Review, 
Department of Labor, Employment and Training Administration, Room 
S4321, 200 Constitution Avenue NW, FP Building, Washington, DC 20210
Phone: 202 219-5223
Email: [email protected]

RIN: 1205-AB10
_______________________________________________________________________




2061.  BIRTH AND ADOPTION UNEMPLOYMENT COMPENSATION

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

RIN: 1205-AB21
_______________________________________________________________________




2062.  LABOR CERTIFICATION AND PETITION PROCESS FOR THE 
TEMPORARY EMPLOYMENT OF NONIMMIGRANT ALIENS IN AGRICULTURE IN THE UNITED 
STATES; MODIFICATION OF FEE STRUCTURE

Priority: Other Significant

Legal Authority: 8 USC 1101(a)(15)(H)(ii)(a); 8 USC 1184; 8 USC 1188; 
29 USC 49 et seq; 8 CFR 103.1(f)(iii)(j); 8 CFR 103.1(f)(iii)(w); 8 CFR 
214.2(h)(5); 8 CFR 214.2(h)(11); 8 CFR 214.2(h)(12)

CFR Citation: 8 CFR 655

Legal Deadline: None

Abstract: The Employment and Training Administration (ETA) of the 
Department of Labor (Department or DOL) proposes to amend its 
regulations relating to the temporary employment of nonimmigrant 
agricultural workers (H-2A workers) in the United States. The proposed 
amendments would require employers to submit fees for labor 
certification and the associated H-2A petitions with consolidated 
application form at the time of filing. The proposal also would modify 
the fee structure for labor certification. If the application is 
denied, both fees will be refunded to the employer. It is conceivable 
in rare instances that the statutory and regulatory standards for 
issuance of the certification will be met, but those applicable to the 
petition will not be met. In such occurrence, neither fee will be 
refunded because the certification fee is an issuance, while the 
petition fee is a processing fee.

Concurrently with the publication of this proposed rule, the Department 
is publishing an interim final rule with a request for comments setting 
forth the procedures and requirements for submission and processing of 
a consolidated Application for Temporary Agricultural Labor 
Certification and H-2A Petition (Form ETA 9079).

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            11/00/99
NPRM Comment Period End         12/00/99
Final Action                    02/00/00
Final Action Effective          03/00/00

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Agency Contact: James Norris, Director, Division of Foreign Labor 
Certification, Department of Labor, Employment and Training 
Administration, Room N4456, 200 Constitution Avenue NW, FP Building, 
Washington, DC 20210
Phone: 202 219-5263
Email: [email protected]

RIN: 1205-AB24
_______________________________________________________________________


Department of Labor (DOL)                              Final Rule Stage


Employment and Training Administration (ETA)



_______________________________________________________________________




2063. 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                    09/00/00

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

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

RIN: 1205-AB05
_______________________________________________________________________




2064. WELFARE-TO-WORK (WTW) GRANTS

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

RIN: 1205-AB15
_______________________________________________________________________




2065. FEDERAL-STATE UNEMPLOYMENT COMPENSATION PROGRAM; CONFIDENTIALITY 
AND DISCLOSURE OF INFORMATION IN 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 information in State records collected, created, or 
maintained for purposes of 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

[[Page 64639]]

requirements in title III of the Social Security Act, the Federal 
Unemployment Tax Act, and the Wagner-Peyser Act concerning 
confidentiality and disclosure of information in 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

RIN: 1205-AB18
_______________________________________________________________________




2066. WORKFORCE INVESTMENT ACT OF 1998

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

RIN: 1205-AB20
_______________________________________________________________________




2067.  LABOR CERTIFICATION AND PETITION PROCESS FOR THE 
TEMPORARY EMPLOYMENT OF NONIMMIGRANT ALIENS IN AGRICULTURE IN THE UNITED 
STATES; DELEGATION OF AUTHORITY TO ADJUDICATE H-2A PETITIONS

Priority: Other Significant

Legal Authority: 8 USC 1101(a)(15)(H)(ii)(a); 8 USC 1184; 8 USC 1188; 
29 USC 49 et seq; 8 CFR 103.1(f)(iii)(j); 8 CFR 103.1(f)(iii)(w); 8 CFR 
214.2(h)(5); 8 CFR 214.2(h)(11); 8 CFR 214.2(h)(12)

CFR Citation: 8 CFR 655

Legal Deadline: None

Abstract: This rule amends the Employment and Training Administration 
(ETA) regulations to implement the delegation of authority to 
adjudicate petitions for temporary nonimmigrant agricultural workers 
(H-2A's) from the Department of Justice, Immigration and Naturalization 
Service (INS), to the United States Department of Labor (DOL). Among 
the implementation measures is a new form, Application for Temporary 
Agricultural Labor Certification and H-2A Petition. The rulemaking 
further implements the delegation of authority, from INS to DOL, to 
hear appeals on determinations and to revoke petition approvals. The 
rule does not affect INS authority to make determinations at port-of-
entry of an alien's admissibility to the United States, to make 
determinations of an alien's eligibility for change of nonimmigrant 
status, or to make determinations of an alien's eligibility for 
extension of stay. This rule streamlines existing H-2A processes to 
make it more efficient for petitioners to seek the admission of 
temporary agricultural workers without diminishing the workplace rights 
of U.S. workers or foreign workers admitted under the program.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              11/00/99
Interim Final Rule Effective    04/00/00

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Agency Contact: James Norris, Director, Division of Foreign Labor 
Certification, Department of Labor, Employment and Training 
Administration, Room N4456, 200 Constitution Avenue NW, FP Building, 
Washington, DC 20210
Phone: 202 219-5263
Email: [email protected]

RIN: 1205-AB23
_______________________________________________________________________


Department of Labor (DOL)                             Long-Term Actions


Employment and Training Administration (ETA)



_______________________________________________________________________




2068. 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: Federal, State, Local

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
Email: [email protected]

RIN: 1205-AA37
_______________________________________________________________________




2069. 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.

[[Page 64640]]

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

Timetable: Next Action Undetermined

Regulatory Flexibility Analysis Required: No

Government Levels Affected: Federal, State

Agency Contact: James Norris, Director, Division of Foreign Labor 
Certification, Department of Labor, Employment and Training 
Administration, Room N4456, 200 Constitution Avenue NW, FP Building, 
Washington, DC 20210
Phone: 202 219-5263
Email: [email protected]

RIN: 1205-AA66
_______________________________________________________________________




2070. 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                    12/00/00

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

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

RIN: 1205-AB07
_______________________________________________________________________




2071. 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, Room N4456, 200 Constitution Avenue NW, FP Building, 
Washington, DC 20210
Phone: 202 219-5263
Email: [email protected]

RIN: 1205-AB14
_______________________________________________________________________




2072. 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, 90 days from 
enactment 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

Additional Information: There are two possibilities for future action 
anticipated for this regulation. A final rule will be published if (1) 
Congress extends the program and/or changes the eligibility criteria; 
or (2) Congress does not extend the program but (retroactive or not) 
eases the eligibility criteria.

[[Page 64641]]

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

RIN: 1205-AB16
_______________________________________________________________________


Department of Labor (DOL)                             Completed Actions


Employment and Training Administration (ETA)



_______________________________________________________________________




2073. 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

________________________________________________________________________

Withdrawn                       08/22/99

Regulatory Flexibility Analysis Required: No

Government Levels Affected: Federal, State

Additional Information: Regulation is no longer required since Section 
43 of the Airline Deregulation Act of 1977 has been repealed.

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

RIN: 1205-AB17
_______________________________________________________________________




2074. LABOR CERTIFICATION PROCESS FOR THE TEMPORARY EMPLOYMENT OF ALIENS 
IN AGRICULTURE IN THE UNITED STATES; ADMINISTRATIVE MEASURES TO IMPROVE 
PROGRAM PERFORMANCE

Priority: Other Significant

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                    06/29/99                    64 FR 34955
Final Action Effective          07/29/99

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, Room N4456, 200 Constitution Avenue NW, FP Building, 
Washington, DC 20210
Phone: 202 219-5263
Email: [email protected]

RIN: 1205-AB19
_______________________________________________________________________


Department of Labor (DOL)                           Proposed Rule Stage


Pension and Welfare Benefits Administration (PWBA)



_______________________________________________________________________




2075. 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 under or 
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 established or maintained under or 
pursuant to one or more collective bargaining agreements by providing 
criteria which will serve to distinguish welfare benefit arrangements 
which are maintained by legitimate unions pursuant to bona fide 
collective bargaining agreements from 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 plans maintained pursuant to bona fide collective 
bargaining agreements may extend plan coverage to individuals not 
covered by such agreements. The Department is

[[Page 64642]]

developing 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
Notice Establishing Negotiated 
Rulemaking Advisory Committee   09/22/98                    63 FR 50542
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, Room N5669, 200 
Constitution Avenue NW, FP Building, Washington, DC 20210
Phone: 202 219-8671

RIN: 1210-AA48
_______________________________________________________________________




2076. RULEMAKING RELATING TO NOTICE REQUIREMENTS FOR CONTINUATION OF 
HEALTH CARE COVERAGE

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

Unfunded Mandates: Undetermined

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                            03/00/00

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, Room 
N5669, 200 Constitution Avenue NW, FP Building, Washington, DC 20210
Phone: 202 219-0521

RIN: 1210-AA60
_______________________________________________________________________




2077. ELIMINATION OF FILING REQUIREMENTS FOR SUMMARY PLAN DESCRIPTIONS

Priority: Substantive, Nonsignificant

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

Legal Authority: 29 USC 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 of 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. Separate rulemakings (RIN: 1210-AA67 and 1210-AA68) 
will implement the Taxpayer Relief Act amendments that require plan 
administrators to furnish copies of SPDs and any other documents 
relating to the plan to the Department on request, and authorize the 
Secretary of Labor to assess a civil penalty for failure to do so.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            08/05/99                    64 FR 42792
NPRM Comment Period End         10/04/99
Final Action                    03/00/00

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, Room N5669, 200 
Constitution Avenue NW, FP Building, Washington, DC 20210
Phone: 202 219-8671

RIN: 1210-AA66
_______________________________________________________________________




2078. REQUIREMENT TO FURNISH PLAN DOCUMENTS UPON REQUEST BY THE 
SECRETARY OF LABOR

Priority: Substantive, Nonsignificant

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                            08/05/99                    64 FR 42797
NPRM Comment Period End         10/04/99
Final Action                    03/00/00

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, Room N5669, 200 
Constitution Avenue NW, FP Building, Washington, DC 20210
Phone: 202 219-8671

RIN: 1210-AA67
_______________________________________________________________________




2079. CIVIL PENALTY FOR FAILURE TO FURNISH CERTAIN PLAN DOCUMENTS

Priority: Substantive, Nonsignificant

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

[[Page 64643]]

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

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            08/05/99                    64 FR 42797
NPRM Comment Period End         10/04/99
Final Action                    03/00/00

Regulatory Flexibility Analysis Required: Yes

Small Entities Affected: Businesses

Government Levels Affected: None

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

RIN: 1210-AA68
_______________________________________________________________________




2080. NATIONAL MEDICAL SUPPORT NOTICE

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

RIN: 1210-AA72
_______________________________________________________________________




2081. SMALL PENSION PLAN SECURITY AMENDMENTS

Priority: Other Significant

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 the plan 
meeting certain additional conditions regarding plan assets being held 
by a regulated financial institution and related improvements in 
fidelity bonding and disclosures to plan participants and 
beneficiaries. This initiative is being undertaken to improve security 
and accountability with respect to assets of small employee pension 
benefit plans.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            12/00/99

Regulatory Flexibility Analysis Required: Yes

Small Entities Affected: Businesses

Government Levels Affected: None

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

RIN: 1210-AA73
_______________________________________________________________________


Department of Labor (DOL)                              Final Rule Stage


Pension and Welfare Benefits Administration (PWBA)



_______________________________________________________________________




2082. REVISION OF THE FORM 5500 SERIES AND IMPLEMENTING AND RELATED 
REGULATIONS UNDER THE EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974 
(ERISA)

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

RIN: 1210-AA52
_______________________________________________________________________




2083. REGULATIONS IMPLEMENTING THE HEALTH CARE ACCESS, PORTABILITY AND 
RENEWABILITY PROVISIONS OF THE HEALTH INSURANCE PORTABILITY AND 
ACCOUNTABILITY ACT OF 1996

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

RIN: 1210-AA54
_______________________________________________________________________




2084. AMENDMENT OF SUMMARY PLAN DESCRIPTION AND RELATED ERISA 
REGULATIONS TO IMPLEMENT STATUTORY CHANGES IN THE HEALTH INSURANCE 
PORTABILITY AND ACCOUNTABILITY ACT OF 1996

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

RIN: 1210-AA55
_______________________________________________________________________




2085. 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

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, Per Section 734 of 
ERISA as added by Section 101 of HIPAA Per Section 707 of ERISA as 
added by Section 101 of HIPAA.
Other, Statutory, September 30, 1997, Per Section 734 of ERISA as added 
by Section 101 of HIPAA Per Section 707 of ERISA as added by Section 
101 of HIPAA. Specifies 6/30/99 as latest date for the regulation to 
take effect. Regulation not.
Final, Statutory, December 31, 1997, Per Section 734 of ERISA as added 
by Section 101 of HIPAA Per Section 707 of ERISA as added by Section 
101 of HIPAA. Specifies 6/30/99 as latest date for the regulation to 
take effect. Regulation not.

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

[[Page 64644]]

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                    11/00/99

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, Room N5649, 200 Constitution Avenue NW, FP Building, 
Washington, DC 20210
Phone: 202 219-8194

RIN: 1210-AA58
_______________________________________________________________________




2086. AMENDMENTS TO EMPLOYEE BENEFIT PLAN CLAIMS PROCEDURES REGULATION

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

RIN: 1210-AA61
_______________________________________________________________________




2087. 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. This rulemaking will provide further 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                    09/00/00

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

RIN: 1210-AA62
_______________________________________________________________________




2088. HEALTH CARE STANDARDS FOR MOTHERS AND NEWBORNS

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

RIN: 1210-AA63
_______________________________________________________________________




2089. REPORTING REQUIREMENTS FOR MEWAS PROVIDING MEDICAL CARE BENEFITS

Priority: Substantive, Nonsignificant

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 interim final 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 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 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              12/00/99

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: None

Agency Contact: Amy Turner, Pension Law Specialist, Department of 
Labor, Pension and Welfare Benefits Administration, Room N5669, 200 
Constitution Avenue NW, FP Building, Washington, DC 20210
Phone: 202 219-7006

RIN: 1210-AA64
_______________________________________________________________________




2090. AMENDMENTS TO SUMMARY PLAN DESCRIPTION REGULATIONS

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

RIN: 1210-AA69
_______________________________________________________________________




2091. 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

[[Page 64645]]

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                    03/00/00

Regulatory Flexibility Analysis Required: Yes

Small Entities Affected: Businesses, Organizations

Government Levels Affected: None

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

RIN: 1210-AA71
_______________________________________________________________________




2092. SOFT DOLLAR (INTERPRETIVE BULLETIN)

Priority: Other Significant

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           04/00/00

Regulatory Flexibility Analysis Required: No

Government Levels Affected: Undetermined

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

RIN: 1210-AA74
_______________________________________________________________________




2093. 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 Women's Health and Cancer Rights Act of 1998 (WHCRA) was 
enacted on October 21, 1998 (P.L. 105-277). WHCRA amended the Employee 
Retirement Income Security Act of 1974 (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. These interim rules will provide 
guidance with respect to the WHCRA provisions.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Request for Information (RFI)   05/28/99                    64 FR 29186
RFI Comment Period End          06/28/99
Interim Final Rule              12/00/99

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: Undetermined

Agency Contact: Mila Kofman, Department of Labor, Pension and Welfare 
Benefits Administration, Room N5669, 200 Constitution Avenue NW, FP 
Building, Washington, DC 20210
Phone: 202 219-7006

RIN: 1210-AA75
_______________________________________________________________________




2094. VOLUNTARY FIDUCIARY CORRECTION PROGRAM

Priority: Substantive, Nonsignificant

Legal Authority: 29 USC 1132; 29 USC 1134

CFR Citation: 29 CFR 2560

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 implementing a Voluntary 
Fiduciary Correction Program (VFC Program). Under this VFC Program, 
plan officials would be relieved of the possibility of investigation 
and civil action by the Department and imposition of civil 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.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              11/00/99

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

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

RIN: 1210-AA76


_______________________________________________________________________



[[Page 64646]]

2095. 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

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              12/00/99
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, Room N5669, 200 
Constitution Avenue NW, FP Building, Washington, DC 20210
Phone: 202 219-7006

RIN: 1210-AA77
_______________________________________________________________________


Department of Labor (DOL)                             Long-Term Actions


Pension and Welfare Benefits Administration (PWBA)



_______________________________________________________________________




2096. 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, Room N4611, 200 Constitution Avenue NW, FP Building, 
Washington, DC 20210
Phone: 202 219-4592

RIN: 1210-AA15
_______________________________________________________________________




2097. 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
NPRM Comment Period End         08/20/90


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, Room N4638, 200 Constitution Avenue

[[Page 64647]]

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

RIN: 1210-AA37
_______________________________________________________________________




2098. INDIVIDUAL BENEFITS REPORTING REQUIREMENTS FOR DEFINED 
CONTRIBUTION PLANS

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

Unfunded Mandates: Undetermined

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

CFR Citation: 29 CFR 2520.105-1

Legal Deadline: None

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

Timetable: Next Action Undetermined

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: Undetermined

Agency Contact: Debra M. Golding, Pension Law Specialist, Department of 
Labor, Pension and Welfare Benefits Administration, 200 Constitution 
Avenue NW, 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)



_______________________________________________________________________




2099. PAYROLL DEDUCTION PROGRAMS FOR CONTRIBUTIONS TO INDIVIDUAL 
RETIREMENT ACCOUNTS (INTERPRETIVE BULLETIN)

Priority: Info./Admin./Other

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

CFR Citation: 29 CFR 2509

Legal Deadline: None

Abstract: This interpretive bulletin compiles 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 
will 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                    06/18/99                    64 FR 33000

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

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

RIN: 1210-AA70
_______________________________________________________________________


Department of Labor (DOL)                                 Prerule Stage


Mine Safety and Health Administration (MSHA)



_______________________________________________________________________




2100. 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: In 1996 the Secretary of Labor's Advisory Committee on the 
Elimination of Pneumoconiosis Among Coal Miners recommended that we 
consider lowering the coal dust permissible exposure limit (PEL). In 
1995, the National Institute for Occupational Safety and Health issued 
a Criteria Document in which they recommended that the respirable coal 
mine dust PEL be cut in half. We are considering rulemaking to lower 
the coal dust PEL because miners continue to be at risk of developing 
dust-induced occupational lung disease.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           12/00/99

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, Room 631, 
4015 Wilson Boulevard, Arlington, VA 22203
Phone: 703 235-1910
Fax: 703 235-5551
Email: [email protected]

RIN: 1219-AB08

[[Page 64648]]

_______________________________________________________________________


Department of Labor (DOL)                           Proposed Rule Stage


Mine Safety and Health Administration (MSHA)



_______________________________________________________________________




2101. 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; 30 CFR 48

Legal Deadline: None

Abstract: Our current regulations prohibit belt haulage entries from 
being used to ventilate active working places in mines. This prevents 
smoke from a belt conveyor fire from being coursed to a miner's 
workplace.

Improved technology, including sophisticated atmospheric monitoring 
systems, makes it possible now to safely use belt haulage entries to 
ventilate active working places in mines provided certain conditions 
are met. In some instances this would result in more efficient and 
effective ventilation systems. Mine operators, however, must apply to 
us for a variance from the current regulations if they want to use belt 
haulage entries for ventilation purposes.

The proposed rule will permit the use of this type ventilation in 
certain circumstances and eliminate the need for the mine operator to 
apply for a variance.

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, Room 631, 
4015 Wilson Boulevard, Arlington, VA 22203
Phone: 703 235-1910
Fax: 703 235-5551
Email: [email protected]

RIN: 1219-AA76
_______________________________________________________________________




2102. 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.
Some are within flood range of homes and well-traveled roads. 
Impoundment failures could endanger lives and cause property damage. 
The proposed rule will address proper design, construction, and other 
safety issues.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            04/00/00

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, Room 631, 
4015 Wilson Boulevard, Arlington, VA 22203
Phone: 703 235-1910
Fax: 703 235-5551
Email: [email protected]

RIN: 1219-AA83
_______________________________________________________________________




2103. 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: Approximately thirty percent of the fatal accidents which 
occurred during the past 4 years involved large haulage vehicles, over-
the-road trucks, front-end loaders, and similar equipment. The proposed 
rule will set safety requirements for restraint systems, lighting, and 
blind areas for this equipment.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           07/30/98                    63 FR 40800
NPRM                            02/00/00

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, Room 631, 
4015 Wilson Boulevard, Arlington, VA 22203
Phone: 703 235-1910
Fax: 703 235-5551
Email: [email protected]

RIN: 1219-AA93
_______________________________________________________________________




2104. 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: We have reviewed our current regulations and identified 
provisions that are outdated, redundant, unnecessary or otherwise 
require change. We will be making these changes through notice and 
comment rulemaking where necessary. We will also consider new 
regulations that reflect ``best practices'' in the mining industry. We 
view this effort to be evolving and ongoing and will continue to accept 
recommendations from the public.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM - Phase 1 Removal of 30 CFR 
21 and 24                       08/30/96                    61 FR 45925
Final Rule - Phase 1 Removal of 
30 CFR 21, 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                08/10/99                    64 FR 43280
Final Rule - Phase 3 Update of 
Reference IR 1240               08/10/99                    64 FR 43283
Final Rule - Phase 4 Part 75 
Subpart S                       08/10/99                    64 FR 43286
NPRM - Phase 5 Miscellaneous 
Technology Improvements         12/00/99

[[Page 64649]]

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, Room 631, 
4015 Wilson Boulevard, Arlington, VA 22203
Phone: 703 235-1910
Fax: 703 235-5551
Email: [email protected]

RIN: 1219-AA98
_______________________________________________________________________




2105. TRAINING AND RETRAINING OF MINERS (RULEMAKING RESULTING FROM A 
SECTION 610 REVIEW)

Priority: Substantive, Nonsignificant

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

Legal Authority: 30 USC 811; 30 USC 825

CFR Citation: 30 CFR 48

Legal Deadline: None

Abstract: Our current regulations require all mine operators to have 
approved plans for training of their miners. We reviewed these 
requirements as part of our Regulatory Flexibility Review to determine 
if changes were appropriate. We are considering developing a proposed 
rule to reflect a more flexible approach.

In response to public comments we are considering increasing 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 than 
those of miners. We believe that better trained, more knowledgeable, 
supervisors will contribute to their own safety and that of miners 
under their supervision.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Begin Review                    10/01/96
End Review                      10/30/98
NPRM                            06/00/00

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, Room 631, 
4015 Wilson Boulevard, Arlington, VA 22203
Phone: 703 235-1910
Fax: 703 235-5551
Email: [email protected]

RIN: 1219-AB02
_______________________________________________________________________




2106. VERIFICATION OF DUST CONTROL PLAN AND CONTINUOUS MONITORING

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

RIN: 1219-AB14
_______________________________________________________________________




2107. DETERMINATION OF CONCENTRATION OF RESPIRABLE COAL MINE DUST

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

RIN: 1219-AB18
_______________________________________________________________________




2108. SAFETY STANDARDS FOR SELF-RESCUE DEVICES IN UNDERGROUND COAL 
MINES; SAFETY STANDARDS FOR SELF-RESCUE DEVICES IN CATEGORY I THROUGH V 
GASSY UNDERGROUND METAL AND NONMETAL MINES

Priority: Substantive, Nonsignificant

Legal Authority: 30 USC 811; 30 USC 957

CFR Citation: 30 CFR 48; 30 CFR 75; 30 CFR 57

Legal Deadline: None

Abstract: Self-contained self-rescuers (SCSR) 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. The mining industry has had recent experiences 
with SCSRs which did not function properly and where the devices were 
not donned properly, rendering them ineffective. We are considering a 
rule to address the appropriate inspection of SCSRs and the adequacy of 
training. In addition, we are proposing to apply SCSR regulations to 
certain gassy metal and nonmetal mines .

Personal emergency devices (PED) are individual communication devices 
that inform a miner underground of an emergency situation and have 
proven to be effective in an emergency evacuation of a coal mine. We 
are considering the feasibility of requiring use of PEDs for miners.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           07/07/99                    64 FR 36632
NPRM                            05/00/00

Regulatory Flexibility Analysis Required: Yes

Small Entities Affected: Businesses

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, Room 631, 
4015 Wilson Boulevard, Arlington, VA 22203
Phone: 703 235-1910
Fax: 703 235-5551
Email: [email protected]

RIN: 1219-AB19

[[Page 64650]]

_______________________________________________________________________


Department of Labor (DOL)                              Final Rule Stage


Mine Safety and Health Administration (MSHA)



_______________________________________________________________________




2109. 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 many 
hazards such as from wastes burned as fuel supplements at cement kilns 
and from the many chemicals brought onto mine property. The rule as 
proposed will 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. It will be 
consistent with OSHA's rule to the extent appropriate.

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                    02/00/00

Regulatory Flexibility Analysis Required: Yes

Small Entities Affected: Businesses

Government Levels Affected: Federal, State, Local, Tribal

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

RIN: 1219-AA47
_______________________________________________________________________




2110. DIESEL PARTICULATE MATTER (EXPOSURE OF UNDERGROUND COAL MINERS)

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

RIN: 1219-AA74
_______________________________________________________________________




2111. 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: Our current regulations require that high-voltage cables and 
transformers be kept at least 150 feet from coal extraction areas. 
These requirements are intended to eliminate an ignition source for 
methane and coal dust in close proximity to the work area.

Highly productive longwall mining systems are now in widespread use in 
the mining industry. They use safe high-voltage electrical equipment 
and associated cables. Mine operators, however, currently must apply to 
us for a variance from the existing regulations if they want to use 
this high-voltage equipment.

The rule as proposed will eliminate the need for a variance to use this 
equipment and will establish safety requirements for the design, 
construction, installation, use, and maintenance of high-voltage 
longwall equipment and associated cables.

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
Reopen Record                   11/00/99
Final Action                    04/00/00

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, Room 631, 
4015 Wilson Boulevard, Arlington, VA 22203
Phone: 703 235-1910
Fax: 703 235-5551
Email: [email protected]

RIN: 1219-AA75
_______________________________________________________________________




2112. 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: Our current regulations require conveyor belts used in 
underground coal mines to be flame-resistant. The rule as proposed will 
set new procedures and requirements for testing and approval of these 
belts which will provide additional protective measures relating to 
fire ignition and propagation.

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                   11/00/99
Final Action                    04/00/00

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, Room 631, 
4015 Wilson Boulevard, Arlington, VA 22203
Phone: 703 235-1910
Fax: 703 235-5551
Email: [email protected]

RIN: 1219-AA92
_______________________________________________________________________




2113. DIESEL PARTICULATE MATTER (EXPOSURE OF UNDERGROUND METAL AND 
NONMETAL MINERS)

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

RIN: 1219-AB11

[[Page 64651]]

_______________________________________________________________________


Department of Labor (DOL)                             Long-Term Actions


Mine Safety and Health Administration (MSHA)



_______________________________________________________________________




2114. 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: Our current regulations for exposure to hazardous airborne 
contaminants are over 25 years old. They do not fully protect today's 
miners, who are potentially exposed to an array of toxic chemicals, and 
other hazards. Examples of these include lead, cyanide, arsenic 
benzene, asbestos and other well-documented hazards. We will propose 
provisions of the air quality rule in phases based on our assessment of 
priority needs.

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

Regulatory Flexibility Analysis Required: Yes

Small Entities Affected: Businesses

Government Levels Affected: Federal, State, Local, Tribal

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

RIN: 1219-AA48
_______________________________________________________________________




2115. 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: Storage bins, hoppers, tanks, stockpiles, and other confined 
spaces at mining operations create hazards to miners. These hazards 
include entrapment by shifting piles of loose materials, falling into 
materials, and being struck by overhanging materials. Additionally, 
miners are exposed to toxic and physical hazards in these confined 
spaces. We will explore both regulatory and non-regulatory ways to 
eliminate or reduce these hazards.

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: Undetermined

Government Levels Affected: None

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

RIN: 1219-AA54
_______________________________________________________________________




2116. 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: Our current regulations allow us to set approval requirements 
and test products used in mines. The rule as proposed will allow us to: 
accept testing of certain mine equipment by independent laboratories; 
and approve products which satisfy alternative testing and evaluation 
requirements if those requirements are equivalent to ours, or could be 
enhanced to be equivalent.

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                    12/00/00

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, Room 631, 
4015 Wilson Boulevard, Arlington, VA 22203
Phone: 703 235-1910
Fax: 703 235-5551
Email: [email protected]

RIN: 1219-AA87
_______________________________________________________________________




2117. 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: We believe that the current design of some roof-bolting 
machines may contribute to or cause accidents during drilling and roof-
bolt installation procedures. Accident and fatality information points 
to the need to modify the design of such machines and take additional 
precautions in their use. We will explore both regulatory and non-
regulatory ways to eliminate or reduce these hazards.

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: Undetermined

Government Levels Affected: None

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

[[Page 64652]]

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

RIN: 1219-AA94
_______________________________________________________________________




2118. SAFETY STANDARD REVISIONS FOR UNDERGROUND ANTHRACITE MINES

Priority: Other Significant

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

Legal Authority: 30 USC 811

CFR Citation: 30 CFR 75

Legal Deadline: None

Abstract: Our current regulations for coal mines do not adequately 
apply to anthracite coal mining because of the significant difference 
in conditions and hazards in those mines. Mining methods in anthracite 
mines include minimal use of mechanized equipment and a slow rate of 
advance into the coal seam. In addition, anthracite coal is found in 
pitched, undulating seams.

Mine operators currently must apply to us for a variance from the 
existing regulations for certain mining situations. The proposed rule 
will address the specific conditions of the anthracite mining industry 
and eliminate the need for a variance from existing safety 
requirements.

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, Room 631, 
4015 Wilson Boulevard, Arlington, VA 22203
Phone: 703 235-1910
Fax: 703 235-5551
Email: [email protected]

RIN: 1219-AA96
_______________________________________________________________________




2119. 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: Electricity is used widely in the mining industry to power 
mining equipment, transport material and people, and for other 
purposes. Our records show that accidents occur from inadequate or 
improper equipment grounding. We are considering rulemaking to address 
proper equipment grounding.

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, Room 631, 
4015 Wilson Boulevard, Arlington, VA 22203
Phone: 703 235-1910
Fax: 703 235-5551
Email: [email protected]

RIN: 1219-AB01
_______________________________________________________________________




2120. 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: Our current regulations set limits for respirable coal dust 
when crystalline silica is present. The Secretary of Labor's Advisory 
Committee on the Elimination of Pneumoconiosis Among Coal Mine Workers 
recommended that there be separate standards for silica and coal mine 
dust. With a separate standard for silica, we will increase our ability 
to target mining situations where silica exposure constitutes a 
significant hazard. We are considering rulemaking to set a separate 
exposure limit for silica which is not tied to the respirable dust 
standard.

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, Room 631, 
4015 Wilson Boulevard, Arlington, VA 22203
Phone: 703 235-1910
Fax: 703 235-5551
Email: [email protected]

RIN: 1219-AB12
_______________________________________________________________________




2121.  MINE RESCUE TEAMS

Priority: Substantive, Nonsignificant

Unfunded Mandates: Undetermined

Legal Authority: 30 USC 811; 30 USC 825 (e); 30 USC 957

CFR Citation: 30 CFR 49

Legal Deadline: None

Abstract: We are assessing our current regulations to identify areas 
where we might increase flexibility and provide increased safety for 
miners. We anticipate publishing an ANPRM to solicit ideas from the 
mining community.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                            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, Room 631, 
4015 Wilson Boulevard, Arlington, VA 22203
Phone: 703 235-1910
Fax: 703 235-5551
Email: [email protected]

RIN: 1219-AB20

[[Page 64653]]

_______________________________________________________________________


Department of Labor (DOL)                             Completed Actions


Mine Safety and Health Administration (MSHA)



_______________________________________________________________________




2122. 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: Current data indicate that hearing impairment can be reduced 
significantly if effective protective action is used to reduce or 
eliminate noise and to minimize miners' exposure to it. The rule 
requires protective measures be taken where exposure to noise is at a 
level lower than that which is currently permitted. The rule, which is 
applicable to all types of mining, addresses hearing conservation plans 
and an ``action level.'' It also includes an opportunity for miners and 
their representatives to observe required operator monitoring.

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
Availability of Report          12/16/97                    62 FR 65777
Request for Comments on Report  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
Correction                      09/13/99                    64 FR 49636
Final Action                    09/13/99                    64 FR 49547
Final Action Effective          09/13/00

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, Room 631, 
4015 Wilson Boulevard, Arlington, VA 22203
Phone: 703 235-1910
Fax: 703 235-5551
Email: [email protected]

RIN: 1219-AA53
_______________________________________________________________________




2123. 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: Metal and nonmetal mines which liberate methane, or have the 
potential to liberate methane, are classified into several categories. 
We are considering revising our current regulations to ensure they are 
legally sufficient to provide adequate protection for miners who are 
potentially exposed to explosive methane gas.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Withdrawn                       08/25/99

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

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

RIN: 1219-AA90
_______________________________________________________________________




2124. 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: The final rule clarifies and standardizes the application of 
the preshift mine examination requirements to assure that they are 
concluded within appropriate timeframes. It requires 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.

This rule is virtually identical to the rule published in 1996 and 
invalidated by the District of Columbia Circuit on procedural grounds. 
Following the court decision invalidating the previous standard on 
procedural grounds, we published a Federal Register notice reinstating 
the portion of the previous standard requiring a preshift examination 
be conducted prior to the beginning of any shift.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            07/14/98                    63 FR 38066
Comment Period End              09/14/98
Final Action                    08/18/99                    64 FR 45165
Final Action Effective          10/18/99

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, Room 631, 
4015 Wilson Boulevard, Arlington, VA 22203
Phone: 703 235-1910
Fax: 703 235-5551
Email: [email protected]

RIN: 1219-AB10
_______________________________________________________________________




2125. 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: Congress included language in our Fiscal Year 1999 
appropriation that requires us to promulgate training regulations for 
the following industries: shell dredging, sand, gravel, surface stone, 
surface clay, colloidal phosphate and surface limestone mines. These

[[Page 64654]]

industries have been exempted by Congressional action since 1980 from 
our enforcement of the training requirements contained in Agency 
regulations (found at 30 CFR part 48). Fatalities over the last several 
years have increased steadily in these industries. Our data show that 
the majority of victims at these exempted industries did not receive 
safety and health training. The final rule implements training 
requirements for these previously exempted industries.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Notice of Public Meetings       11/03/98                    63 FR 59258
NPRM                            04/14/99                    64 FR 18498
Final Action and Notice of 
Public Hearings                 09/30/99                    64 FR 53080

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, Room 631, 
4015 Wilson Boulevard, Arlington, VA 22203
Phone: 703 235-1910
Fax: 703 235-5551
Email: [email protected]

RIN: 1219-AB17
_______________________________________________________________________


Department of Labor (DOL)                              Final Rule Stage


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



_______________________________________________________________________




2126. NONDISCRIMINATION ON THE BASIS OF AGE IN PROGRAMS AND ACTIVITIES 
RECEIVING FEDERAL FINANCIAL ASSISTANCE FROM THE DEPARTMENT OF LABOR

Priority: Substantive, Nonsignificant

Legal Authority: 42 USC 6101 et seq Age Discrimination Act of 1975

CFR Citation: 45 CFR 90

Legal Deadline: NPRM, Statutory, September 10, 1979, Requires 
publication of the NPRM within 90 days of publication and submission to 
HHS of final rule within 120 days of NPRM.

Abstract: The proposed regulatory action is necessary to comply with 
the Department's statutory and regulatory obligations under the Age 
Discrimination Act of 1975, as amended (the Act). The Act and the 
general, Governmentwide implementing rule issued by the Department of 
Health and Human Services (HHS) (45 CFR 90) require each Federal agency 
providing financial assistance to any program or activity to publish 
proposed regulations implementing the Act no later than 90 days after 
the publication date of the Governmentwide rule, and to submit final 
agency regulations to HHS no later than 120 days after publication of 
the NPRM. As a practical matter, while DOL has not issued proposed or 
final regulations under the Age Discrimination Act, it has complied 
with its enforcement obligations. Furthermore, discrimination on the 
basis of age is prohibited under section 167 of the Job Training 
Partnership Act of 1982 and the implementing regulations at 29 CFR 34.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            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, Room N4123, 200 Constitution Avenue NW, 
FP Building, Washington, DC 20210
Phone: 202 219-8927
Fax: 800 326-2577
Email: [email protected]

RIN: 1291-AA21
_______________________________________________________________________




2127. 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              12/00/99

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, Room N4123, 200 Constitution Avenue NW, 
FP Building, Washington, DC 20210
Phone: 202 219-8927
Fax: 800 326-2577
Email: [email protected]

RIN: 1291-AA29

[[Page 64655]]

_______________________________________________________________________


Department of Labor (DOL)                             Long-Term Actions


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



_______________________________________________________________________




2128. DEPARTMENT OF LABOR ACQUISITION REGULATION

Priority: Info./Admin./Other. Major status under 5 USC 801 is 
undetermined.

Unfunded Mandates: 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: Phyllis McMeekin, Director, Office of the Acquisition 
Advocate, Department of Labor, Office of the Assistant Secretary for 
Administration and Management, Room N5425, 200 Constitution Avenue NW, 
FP Building, Washington, DC 20210
Phone: 202 219-9174
Fax: 202 219-9440
Email: [email protected]

RIN: 1291-AA20
_______________________________________________________________________




2129. 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              03/25/99                    64 FR 14537
Interim Final Rule Effective    03/25/99
Interim Final Rule Comment 
Period End                      05/24/99
Final Action                     To Be                       Determined

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: Phyllis McMeekin, Director, Office of the Acquisition 
Advocate, Department of Labor, Office of the Assistant Secretary for 
Administration and Management, Room N5425, 200 Constitution Avenue NW, 
FP Building, Washington, DC 20210
Phone: 202 219-9174
Fax: 202 219-9440
Email: [email protected]

RIN: 1291-AA26
_______________________________________________________________________




2130. AUDIT REQUIREMENTS FOR GRANTS, CONTRACTS, AND OTHER AGREEMENTS

Priority: Info./Admin./Other

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

CFR Citation: 29 CFR 96

Legal Deadline: None

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

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              03/25/99                    64 FR 14537
Interim Final Rule Effective    03/25/99
Interim Final Rule Comment 
Period End                      05/24/99
Final Action                     To Be                       Determined

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: Phyllis McMeekin, Director, Office of the Acquisition 
Advocate, Department of Labor, Office of the Assistant Secretary for 
Administration and Management, Room N5425, 200 Constitution Avenue NW, 
FP Building, Washington, DC 20210
Phone: 202 219-9174
Fax: 202 219-9440
Email: [email protected]

RIN: 1291-AA27
_______________________________________________________________________




2131. 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

[[Page 64656]]

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                            10/00/00

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, Room N4123, 200 Constitution Avenue NW, 
FP Building, Washington, DC 20210
Phone: 202 219-8927
Fax: 800 326-2577
Email: [email protected]

RIN: 1291-AA28
_______________________________________________________________________


Department of Labor (DOL)                                 Prerule Stage


Occupational Safety and Health Administration (OSHA)



_______________________________________________________________________




2132. 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. To respond to comments received during this review of 
the standard, OSHA will revise the compliance directive, review the 
Agency's interpretive guidance pertaining to this rule, and develop and 
disseminate training and other compliance assistance materials to 
assist employers in complying with the rule.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Begin Review                    10/01/96
Publish Report                  12/00/99

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Agency Contact: Marthe B. Kent, Acting Director, Directorate of Health 
Standards Programs, Department of Labor, Occupational Safety and Health 
Administration, Room N3605, 200 Constitution Avenue NW, FP Building, 
Washington, DC 20210
Phone: 202 693-2222
Fax: 202 693-1678

RIN: 1218-AB59
_______________________________________________________________________




2133. 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
Publish Report                  12/00/99

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Agency Contact: Marthe B. Kent, Acting Director, Directorate of Health 
Standards Programs, Department of Labor, Occupational Safety and Health 
Administration, Room N3605, 200 Constitution Avenue NW, FP Building, 
Washington, DC 20210
Phone: 202 693-2222
Fax: 202 693-1678

RIN: 1218-AB60
_______________________________________________________________________




2134. 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 issued an ANPRM to gather information on fall protection 
issues regarding certain construction processes such as residential 
home building, precast concrete operations and post frame construction. 
The issues relate to 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.

[[Page 64657]]

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           07/14/99                    64 FR 38077
ANPRM Comment Period End        01/24/00

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, Room N3468, 200 Constitution Avenue NW, FP Building, 
Washington, DC 20210
Phone: 202 693-2020
Fax: 202 693-1689
Email: [email protected]

RIN: 1218-AB62
_______________________________________________________________________




2135. PROCESS SAFETY MANAGEMENT OF HIGHLY HAZARDOUS CHEMICALS

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

Unfunded Mandates: Undetermined

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

CFR Citation: 29 CFR 1910.119

Legal Deadline: None

Abstract: OSHA is considering two regulatory actions concerning the 
Process Safety Management of Highly Hazardous Chemicals (PSM) standard. 
One action is to publish an advance notice of proposed rulemaking to 
address the need to add reactive chemicals that are not currently 
covered by PSM to the rule and the need to revise the language of the 
rule to clarify OSHA's intent to cover flammable liquids stored in 
atmospheric tanks that are connected to a process. 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                 12/00/99
NPRM Process Safety Management   To Be                       Determined

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: Undetermined

Agency Contact: Marthe B. Kent, Acting Director, Directorate of Health 
Standards Programs, Department of Labor, Occupational Safety and Health 
Administration, Room N3605, 200 Constitution Avenue NW, FP Building, 
Washington, DC 20210
Phone: 202 693-2222
Fax: 202 693-1678

RIN: 1218-AB63
_______________________________________________________________________




2136. SAFETY STANDARDS FOR SCAFFOLDS USED IN THE CONSTRUCTION INDUSTRY--
PART II

Priority: Substantive, Nonsignificant

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, several issues have arisen under the new 
standard. The agency will solicit information on issues including (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.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           04/00/00

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, Room N3468, 200 Constitution Avenue NW, FP Building, 
Washington, DC 20210
Phone: 202 693-2020
Fax: 202 693-1689
Email: [email protected]

RIN: 1218-AB68
_______________________________________________________________________




2137. GRAIN HANDLING FACILITIES (SECTION 610 REVIEW)

Priority: Other Significant

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

CFR Citation: 29 CFR 1910.272

Legal Deadline: None

Abstract: OSHA is undertaking a review of its grain handling standard 
(29 CFR 1910.272) in accordance with the requirements of section 610 of 
the Regulatory Flexibility Act and section 5 of EO 12866. The review 
will cover the continued need for the rule; the nature of complaints or 
comments received from the public concerning the rule; the complexity 
of the rule; the extent to which the rule overlaps, duplicates or 
conflicts with other Federal rules and, to the extent feasible, with 
State and local rules; and the degree to which technology, economic 
conditions, or other factors have changed in the industries affected by 
the rule.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Begin Review                    10/01/97
End Review                      06/00/00

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Agency Contact: John F. Martonik, Director, Office of Program Audits 
and Evaluation, Department of Labor, Occupational Safety and Health 
Administration, Room N3641, 200 Constitution Avenue NW, FP Building, 
Washington, DC 20210
Phone: 202 693-2400
Email: [email protected]

RIN: 1218-AB73
_______________________________________________________________________




2138. 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

[[Page 64658]]

requirements of section 610 of the Regulatory Flexibility Act and 
section 5 of EO 12866. The review will cover the continued need for the 
rule; the nature of complaints or comments received from the public 
concerning the rule; the complexity of the rule; the extent to which 
the rule overlaps, duplicates or conflicts with other Federal rules 
and, to the extent feasible, with State and local rules; and the degree 
to which technology, economic conditions, or other factors have changed 
in the industries affected by the rule.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Begin Review                    10/01/97
End Review                      05/00/00

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Agency Contact: John F. Martonik, Director, Office of Program Audits 
and Evaluation, Department of Labor, Occupational Safety and Health 
Administration, Room N3641, 200 Constitution Avenue NW, FP Building, 
Washington, DC 20210
Phone: 202 693-2400
Email: [email protected]

RIN: 1218-AB74
_______________________________________________________________________




2139.  OCCUPATIONAL EXPOSURE TO PERCHLOROETHYLENE

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 1910.1000

Legal Deadline: None

Abstract: OSHA intends to issue an Advance Notice of Proposed 
Rulemaking (ANPR) to address the hazards associated with occupational 
exposure to perchloroethylene(also called ``tetrachloroethylene''), 
(CAS 127-18-4). OSHA's limits for this substance are 100 ppm as an 8-
hour TWA; 200 ppm as a 15-minute ceiling; and 300 ppm as a 5-minute 
peak not to be exceeded in any 3-hour period (29 CFR 1910.1000). These 
limits have been in place for nearly 30 years and are widely recognized 
as being inadequately protective. NIOSH classifies perchloroethylene as 
an occupational carcinogen. Workers exposed to perchloroethylene may 
experience sensory irritation, narcosis, liver damage, and cancer. The 
ANPR will solicit information from interested parties on the risk, 
current exposure levels, current industry control practices, and 
feasible means of achieving reductions in existing exposure levels 
among workers in perchloroethylene-using industries.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           03/00/00
ANPRM Comment Period End        06/00/00

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: None

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

RIN: 1218-AB86
_______________________________________________________________________




2140.  HEARING LOSS PREVENTION IN CONSTRUCTION WORKERS

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 1926.52

Legal Deadline: None

Abstract: OSHA issued a Sec. 6(b)(5) health standard mandating a 
comprehensive hearing conservation program for noise exposed workers in 
general industry in 1983. However, a number of recent studies have 
shown that a large number of construction workers experience work-
related hearing loss. In addition, current industry practice with 
regard to the use of engineering, administrative and personal 
protective equipment to reduce exposures to noise is low in this 
industry. OSHA intends to issue an Advance Notice of Proposed 
Rulemaking (ANPRM) in December, 1999, and to initiate stakeholder 
meetings later in the year, to gather information on the extent of 
noise-induced hearing loss among workers in different trades in this 
industry, current practices to reduce this loss, and additional 
approaches and protections that could be used to prevent such loss in 
the future.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           12/00/99
ANPRM Comment Period End        02/00/00

Regulatory Flexibility Analysis Required: Undetermined

Agency Contact: Marthe B. Kent, Acting Director, Directorate of Health 
Standards Programs, Department of Labor, Occupational Safety and Health 
Administration, Room N3605, 200 Constitution Avenue NW, FP Building, 
Washington, DC 20210
Phone: 202 693-2222
Fax: 202 693-1678

RIN: 1218-AB89

[[Page 64659]]

_______________________________________________________________________


Department of Labor (DOL)                           Proposed Rule Stage


Occupational Safety and Health Administration (OSHA)



_______________________________________________________________________




2141. ERGONOMICS PROGRAMS: PREVENTING MUSCULOSKELETAL DISORDERS

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

RIN: 1218-AB36
_______________________________________________________________________




2142. SAFETY AND HEALTH PROGRAMS (FOR GENERAL INDUSTRY AND THE MARITIME 
INDUSTRIES)

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

RIN: 1218-AB41
_______________________________________________________________________




2143. FIRE PROTECTION IN SHIPYARD EMPLOYMENT (PART 1915, SUBPART P) 
(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, subpart 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. With the 
assistance of the Agency's Maritime Advisory Committee on Occupational 
Safety and Health, OSHA formed a Negotiated Rulemaking Committee to 
develop draft regulatory text addressing fire protection in shipyards. 
The committee includes members representing employers, employees, and 
other affected parties. The committee has drafted a regulatory text and 
is now working with OSHA staff to refine and support it in preparation 
for publication as a proposed rule.

The operations that would be addressed in this rulemaking relate to 
fire brigades, fire extinguishers, sprinkler systems, detection 
systems, alarm systems, fire watches, and emergency plans. A total of 
75,000 workers are potentially exposed to these hazards annually. This 
proposed standard is expected to be published next year.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            05/00/00

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: Undetermined

Agency Contact: Marthe B. Kent, Acting Director, Directorate of Health 
Standards Programs, Department of Labor, Occupational Safety and Health 
Administration, Room N3605, 200 Constitution Avenue NW, FP Building, 
Washington, DC 20210
Phone: 202 693-2222
Fax: 202 693-1678

RIN: 1218-AB51
_______________________________________________________________________




2144. PERMISSIBLE EXPOSURE LIMITS (PELS) FOR AIR CONTAMINANTS

 Regulatory Plan: This entry is Seq. No. 83 in Part II of this issue of 
the Federal Register.

RIN: 1218-AB54
_______________________________________________________________________




2145. 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 16 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                            08/18/99                    64 FR 45098
NPRM Comment Period End         10/04/99
Final                           04/00/00

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Agency Contact: Bernard Pasquet, Directorate of Technical Support, 
Department of Labor, Occupational Safety and Health Administration, 
N3653, 200 Constitution Avenue NW, FP Building, Washington, DC 20210
Phone: 202 693-2300
Fax: 202 693-1644

RIN: 1218-AB57
_______________________________________________________________________




2146. PLAIN LANGUAGE REVISION OF THE MECHANICAL POWER-TRANSMISSION 
APPARATUS STANDARD

Priority: Substantive, Nonsignificant

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

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

CFR Citation: 29 CFR 1910.219

Legal Deadline: None

Abstract: OSHA has identified this standard in part 1910 for revision 
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. OSHA 
intends to issue a plain language revision of the rule.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM - Mechanical Power-
Transmission Apparatus          06/00/00

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Agency Contact: Marthe B. Kent, Acting Director, Directorate of Health 
Standards Programs, Department of Labor, Occupational Safety and Health

[[Page 64660]]

Administration, Room N3605, 200 Constitution Avenue NW, FP Building, 
Washington, DC 20210
Phone: 202 693-2222
Fax: 202 693-1678

RIN: 1218-AB66
_______________________________________________________________________




2147. 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 than 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. OSHA plans to publish a proposed rule on 
crystalline silica under section 6(b)(5) of the Act. The standard would 
protect silica-exposed workers in general industry, construction and 
maritime.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            06/00/00

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: Undetermined

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

RIN: 1218-AB70
_______________________________________________________________________




2148.  STANDARDS IMPROVEMENT (MISCELLANEOUS CHANGES) FOR GENERAL 
INDUSTRY, MARINE TERMINALS, AND CONSTRUCTION STANDARDS (PHASE II)

Priority: Substantive, Nonsignificant

Legal Authority: 29 USC 655(b)

CFR Citation: 29 CFR 1910.142; 29 CFR 1910.178; 29 CFR 1910.219; 29 CFR 
1910.261; 29 CFR 1910.265; 29 CFR 1910.410; 29 CFR 1910.1001-.1052; 29 
CFR 1926.60; 29 CFR 1926.62; 29 CFR 1926.1101; 29 CFR 1926.1127; 29 CFR 
1926.1129; 29 CFR 1917.92

Legal Deadline: None

Abstract: The Occupational Safety and Health Administration (OSHA) is 
continuing the process of removing or revising provisions in its 
standards that are out of date, duplicative, unnecessary, or 
inconsistent. The Agency is proposing these changes to reduce the 
burden imposed on the regulated community by these provisions and to 
further respond to a March 4, 1995 memorandum from the President. In 
this document, substantive changes are proposed for standards that will 
revise or eliminate duplicative, inconsistent, or unnecessary 
regulatory requirements without diminishing employee protections. Phase 
I of this Standards Improvement process was completed in June 1998 (63 
FR 33450).

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            05/00/00

Regulatory Flexibility Analysis Required: Yes

Small Entities Affected: Businesses

Government Levels Affected: None

Agency Contact: Marthe B. Kent, Acting Director, Directorate of Health 
Standards Programs, Department of Labor, Occupational Safety and Health 
Administration, Room N3605, 200 Constitution Avenue NW, FP Building, 
Washington, DC 20210
Phone: 202 693-2222
Fax: 202 693-1678

RIN: 1218-AB81
_______________________________________________________________________




2149.  SPRAY APPLICATIONS

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

Unfunded Mandates: Undetermined

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

CFR Citation: 29 CFR 1910.107; 29 CFR 1910.94(c), (d)

Legal Deadline: None

Abstract: The plain language effort will revise one of OSHA's most 
complex and out-of-date rules, those for Spray finishing using 
flammable and combustible liquids (29 CFR 1010.107). This standard 
addresses the hazards associated with the use of spray areas or spray 
booths to apply flammable or combustible liquids to manufactured 
equipment and objects. It includes specifications for the design of 
spray booths and areas, and for the use of these booths and areas and 
associated equipment. The plain language rule will be titled ``Spray 
Applications.'' This rule was originally listed under RIN  
1218-AB55.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            12/00/99

Regulatory Flexibility Analysis Required: No

Government Levels Affected: Undetermined

Agency Contact: Marthe B. Kent, Acting Director, Directorate of Health 
Standards Programs, Department of Labor, Occupational Safety and Health 
Administration, Room N3605, 200 Constitution Avenue NW, FP Building, 
Washington, DC 20210
Phone: 202 693-2222
Fax: 202 693-1678

RIN: 1218-AB84
_______________________________________________________________________




2150.  SIGNS, SIGNALS, AND BARRICADES

Priority: Substantive, Nonsignificant

Unfunded Mandates: Undetermined

[[Page 64661]]

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

CFR Citation: 29 CFR 1926.200; 29 CFR 1926.201; 29 CFR 1926.202; 29 CFR 
1926.203

Legal Deadline: None

Abstract: OSHA's standard on Signs, Signals and Barricades (Subpart G-
29 CFR 1926.200 through .203) currently incorporates the American 
National Standards Institute's 1971 industry consensus standard ANSI 
D6.1-1971. The ANSI organization has withdrawn its 1971 standard and 
the U.S. Department of Transportation has issued an updated standard, A 
Manual on Uniform Traffic Control Devices(MUTCD). For this reason, OSHA 
intends to issue a proposal to update Subpart G to incorporate the 
requirements of the Department of Transportation's MUTCD into the OSHA 
rule.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            08/00/00

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, Room N3468, 200 Constitution Avenue NW, FP Building, 
Washington, DC 20210
Phone: 202 693-2020
Fax: 202 693-1689
Email: [email protected]

RIN: 1218-AB88
_______________________________________________________________________


Department of Labor (DOL)                              Final Rule Stage


Occupational Safety and Health Administration (OSHA)



_______________________________________________________________________




2151. STEEL ERECTION (PART 1926) (SAFETY PROTECTION FOR IRONWORKERS)

 Regulatory Plan: This entry is Seq. No. 84 in Part II of this issue of 
the Federal Register.

RIN: 1218-AA65
_______________________________________________________________________




2152. RECORDING AND REPORTING OCCUPATIONAL INJURIES AND ILLNESSES 
(SIMPLIFIED INJURY/ILLNESS RECORDKEEPING REQUIREMENTS)

 Regulatory Plan: This entry is Seq. No. 85 in Part II of this issue of 
the Federal Register.

RIN: 1218-AB24
_______________________________________________________________________




2153. OCCUPATIONAL EXPOSURE TO TUBERCULOSIS

 Regulatory Plan: This entry is Seq. No. 86 in Part II of this issue of 
the Federal Register.

RIN: 1218-AB46
_______________________________________________________________________




2154. EMPLOYER PAYMENT FOR PERSONAL PROTECTIVE EQUIPMENT

 Regulatory Plan: This entry is Seq. No. 87 in Part II of this issue of 
the Federal Register.

RIN: 1218-AB77
_______________________________________________________________________




2155. CONSULTATION AGREEMENTS

Priority: Other Significant

Legal Authority: 29 USC 670

CFR Citation: 29 CFR 1908

Legal Deadline: None

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

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            07/02/99                    64 FR 35972
Final Action                    02/00/00

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, Room N3700, 200 Constitution Avenue NW, FP Building, 
Washington, DC 20210
Phone: 202 693-2213

RIN: 1218-AB79
_______________________________________________________________________


Department of Labor (DOL)                             Long-Term Actions


Occupational Safety and Health Administration (OSHA)



_______________________________________________________________________




2156. 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.

[[Page 64662]]

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 2000.

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                         12/00/00

Regulatory Flexibility Analysis Required: No

Government Levels Affected: Federal, State, Local, Tribal

Agency Contact: Marthe B. Kent, Acting Director, Directorate of Health 
Standards Programs, Department of Labor, Occupational Safety and Health 
Administration, Room N3605, 200 Constitution Avenue NW, FP Building, 
Washington, DC 20210
Phone: 202 693-2222
Fax: 202 693-1678

RIN: 1218-AA05
_______________________________________________________________________




2157. 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, in that rule, the Agency reserved provisions 
related to vertical tandem lifts. Vertical tandem lifts (VTLs) involve 
the lifting of two single 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. The Agency will make a 
decision about whether to proceed with rulemaking or to address this 
issue through a compliance directive in early 2000.

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, Acting Director, Directorate of Health 
Standards Programs, Department of Labor, Occupational Safety and Health 
Administration, Room N3605, 200 Constitution Avenue NW, FP Building, 
Washington, DC 20210
Phone: 202 693-2222
Fax: 202 693-1678

RIN: 1218-AA56
_______________________________________________________________________




2158. SCAFFOLDS IN SHIPYARDS (PART 1915 -- SUBPART N)

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 
are subject to both shipyard and general industry standards, and this 
project aimed at establishing a vertical standard for shipyard 
employment by addressing 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). Final rules have 
been issued on two of these proposals: Personal Protective Equipment 
and Confined Spaces. The remaining subparts in part 1915 were 
categorized as Phase II of the consolidation project (including general 
working conditions and fire protection).

This standard will revise the existing shipyard employment standards 
covering scaffolds and will consolidate all related and applicable 29 
CFR part 1910 provisions into 29 CFR part 1915. It will develop, in 
part, performance-oriented standards, address current gaps in coverage, 
and address new technologies. About 7500 workers are potentially 
exposed to these hazards annually.

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


Next Action Undetermined

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: Undetermined

Agency Contact: Marthe B. Kent, Acting Director, Directorate of Health 
Standards Programs, Department of Labor, Occupational Safety and Health 
Administration, Room N3605, 200 Constitution Avenue NW, FP Building, 
Washington, DC 20210
Phone: 202 693-2222
Fax: 202 693-1678

RIN: 1218-AA68


_______________________________________________________________________



[[Page 64663]]

2159. ACCESS AND EGRESS IN SHIPYARDS (PART 1915, SUBPART E) (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 are subject 
to both the shipyard and general industry standards and this project 
aimed at establishing a vertical standard for shipyard employment by 
addressing 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). 
Final rules have been issued on two of these proposals: Personal 
Protective Equipment and Confined Spaces. The remaining subparts in 
part 1915 were categorized as Phase II of the consolidation project 
(including General Working Conditions and Fire Protection).

This 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. About 75,000 workers are potentially 
exposed to these hazards annually.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            11/29/88                    53 FR 48130
NPRM Comment Period End         02/27/89
Final Action                     To Be                       Determined

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: Undetermined

Agency Contact: Marthe B. Kent, Acting Director, Directorate of Health 
Standards Programs, Department of Labor, Occupational Safety and Health 
Administration, Room N3605, 200 Constitution Avenue NW, FP Building, 
Washington, DC 20210
Phone: 202 693-2222
Fax: 202 693-1678

RIN: 1218-AA70
_______________________________________________________________________




2160. 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 could 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 on 
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
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: Marthe B. Kent, Acting Director, Directorate of Health 
Standards Programs, Department of Labor, Occupational Safety and Health 
Administration, Room N3718, 200 Constitution Avenue NW, FP Building, 
Washington, DC 20210
Phone: 202 693-1950
Fax: 202 693-1678

RIN: 1218-AA84
_______________________________________________________________________




2161. 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 was to 
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

[[Page 64664]]

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


Next Action Undetermined

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: Undetermined

Agency Contact: Marthe B. Kent, Acting Director, Directorate of Health 
Standards Programs, Department of Labor, Occupational Safety and Health 
Administration, Room N3605, 200 Constitution Avenue NW, FP Building, 
Washington, DC 20210
Phone: 202 693-2222
Fax: 202 693-1678

RIN: 1218-AB27
_______________________________________________________________________




2162. 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, and 
many cases of respiratory disease, Legionnaire's disease, asthma, and 
other ailments are estimated to be linked to this occupational hazard. 
EPA estimates that 20 to 35 percent of all workers in modern 
mechanically ventilated buildings may experience air-quality related 
signs and symptoms.

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


Next Action Undetermined

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: Undetermined

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

RIN: 1218-AB37
_______________________________________________________________________




2163. 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 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 would 
represent 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, measured as chromium (VI) and reported as 
chromic anhydride (CrO3). The amount of chromium (VI) in the compound 
equates to a PEL of 52 ug/m3. 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. After reviewing the petition, OSHA denied the 
request for an ETS and initiated a section 6(b) rulemaking.

The major illnesses associated with occupational exposure 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.

[[Page 64665]]

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. Work on a 
proposed rule continues.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            06/00/01

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: Undetermined

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

RIN: 1218-AB45
_______________________________________________________________________




2164. 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 the construction industry. 
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 next year.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            12/00/00

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, Room N3468, 200 Constitution Avenue NW, FP Building, 
Washington, DC 20210
Phone: 202 693-2020
Fax: 202 693-1689
Email: [email protected]

RIN: 1218-AB47
_______________________________________________________________________




2165. GENERAL WORKING CONDITIONS FOR SHIPYARD EMPLOYMENT

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

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

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

CFR Citation: 29 CFR 1915, subpart F

Legal Deadline: None

Abstract: During the 1980s, OSHA embarked on a project to update and 
consolidate the various OSHA shipyard standards that were applied in 
the shipbuilding, shiprepair, and shipbreaking industry. Publication of 
a proposal addressing general working conditions in shipyards is part 
of this project. The operations addressed in this rulemaking relate to 
housekeeping, illumination, sanitation, first aid, and lockout/tagout. 
About 75,000 workers are exposed annually to these hazards.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            12/00/00

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: None

Agency Contact: Marthe B. Kent, Acting Director, Directorate of Health 
Standards Programs, Department of Labor, Occupational Safety and Health 
Administration, Room N3605, 200 Constitution Avenue NW, FP Building, 
Washington, DC 20210
Phone: 202 693-2222
Fax: 202 693-1678

RIN: 1218-AB50
_______________________________________________________________________




2166. METALWORKING FLUIDS: PROTECTING RESPIRATORY HEALTH

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. In response to the petition, OSHA established a 
15-member Standards Advisory Committee to make recommendations to OSHA 
regarding the need for a standard, a guideline, or other appropriate 
response to the dangers of occupational exposures to metalworking 
fluids. The Committee recommended that OSHA proceed with a rulemaking 
on metalworking fluids under section 6(b)(5) of the Act. Workers 
exposed to these fluids are at risk of developing respiratory diseases, 
including hypersensitivity pneumonitis, occupational asthma, as well as 
lung cancer and dermatoses.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            12/00/00

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: Undetermined

Agency Contact: Marthe B. Kent, Acting Director, Directorate of Health 
Standards Programs, Department of Labor, Occupational Safety and Health 
Administration, Room N3718, 200 Constitution Avenue NW, FP Building, 
Washington, DC 20210
Phone: 202 693-1950

[[Page 64666]]

Fax: 202 693-1678

RIN: 1218-AB58
_______________________________________________________________________




2167. 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 liquids storage. The purpose of this rulemaking will be to 
restate this standard in plain language.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            12/00/00

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, Acting Director, Directorate of Health 
Standards Programs, Department of Labor, Occupational Safety and Health 
Administration, Room N3605, 200 Constitution Avenue NW, FP Building, 
Washington, DC 20210
Phone: 202 693-2222
Fax: 202 693-1678

RIN: 1218-AB61
_______________________________________________________________________




2168. 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: Various OSHA standards require employers to prepare and 
maintain records to certify that they have tested or inspected certain 
types of equipment or machinery, or that they have provided training to 
employees. OSHA is considering whether to propose to revoke some of 
these certification provisions, in order to reduce paperwork burdens on 
employers. Such a proposal would not change the substantive 
requirements for employers to perform the testing, inspecting, and 
training.

Timetable: Next Action Undetermined

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Agency Contact: Marthe B. Kent, Acting Director, Directorate of Health 
Standards Programs, Department of Labor, Occupational Safety and Health 
Administration, Room N3605, 200 Constitution Avenue NW, FP Building, 
Washington, DC 20210
Phone: 202 693-2222
Fax: 202 693-1678

RIN: 1218-AB65
_______________________________________________________________________




2169. 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                            12/00/00

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: Undetermined

Agency Contact: Marthe B. Kent, Acting Director, Directorate of Health 
Standards Programs, Department of Labor, Occupational Safety and Health 
Administration, Room N3605, 200 Constitution Avenue NW, FP Building, 
Washington, DC 20210
Phone: 202 693-2222
Fax: 202 693-1678

RIN: 1218-AB67
_______________________________________________________________________




2170. 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 in response to the 
recommendation of OSHA's Advisory Committee on Construction Safety and 
Health (ACCSH), 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

[[Page 64667]]

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.

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                             To Be                       Determined

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 (see entry for RIN 1218-AB41).

Agency Contact: Russell B. Swanson, Director, Directorate of 
Construction, Department of Labor, Occupational Safety and Health 
Administration, Room N3468, 200 Constitution Avenue NW, FP Building, 
Washington, DC 20210
Phone: 202 693-2020
Fax: 202 693-1689
Email: [email protected]

RIN: 1218-AB69
_______________________________________________________________________




2171. 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.

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. OSHA intends to issue a 
proposal to address this hazard in this industry.

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, Room N3468, 200 Constitution Avenue NW, FP Building, 
Washington, DC 20210
Phone: 202 693-2020
Fax: 202 693-1689
Email: [email protected]

RIN: 1218-AB71
_______________________________________________________________________




2172. 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. OSHA's 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 new medical surveillance tool is now available 
that allows for the early

[[Page 64668]]

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 the past year, OSHA was petitioned to issue an emergency temporary 
standard (ETS) by the Paper, Allied-Industrial, Chemical and Energy 
Workers Union(PACE) to protect workers from developing Chronic 
Beryllium Disease(CBD) and lung cancer as a result of occupational 
beryllium exposure. The petition was denied, but the Agency is 
initiating rulemaking under Section 6(b)(5) to protect beryllium-
exposed workers from contracting these diseases.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                             To Be                       Determined

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: Undetermined

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

RIN: 1218-AB76
_______________________________________________________________________




2173. CONSOLIDATION OF RECORDS MAINTENANCE REQUIREMENTS IN OSHA 
STANDARDS

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

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

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

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

Legal Deadline: None

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

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                             To Be                       Determined

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: Undetermined

Agency Contact: Marthe B. Kent, Acting Director, Directorate of Health 
Standards Programs, Department of Labor, Occupational Safety and Health 
Administration, Room N3605, 200 Constitution Avenue NW, FP Building, 
Washington, DC 20210
Phone: 202 693-2222
Fax: 202 693-1678

RIN: 1218-AB78
_______________________________________________________________________




2174. 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, subparts D and I

Legal Deadline: None

Abstract: For many years, OSHA has had under consideration standards 
for walking working surfaces and personal fall protection systems. In 
1990, OSHA proposed (55 FR 13360) a rule addressing slip, trip, and 
fall hazards and establishing requirements for personal fall protection 
systems. OSHA is analyzing the record to determine if it is appropriate 
to repropose the standard or to 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: Undetermined

Government Levels Affected: None

Agency Contact: Marthe B. Kent, Acting Director, Directorate of Health 
Standards Programs, Department of Labor, Occupational Safety and Health 
Administration, Room N3605, 200 Constitution Avenue NW, FP Building, 
Washington, DC 20210
Phone: 202 693-2222
Fax: 202 693-1678

RIN: 1218-AB80
_______________________________________________________________________




2175.  EXIT ROUTES

Priority: Substantive, Nonsignificant

Legal Authority: 29 USC 655(b); 5 USC 353

CFR Citation: 29 CFR 1910.35; 29 CFR 1910.36; 29 CFR 1910.37; 29 CFR 
1910.38

Legal Deadline: None

Abstract: This plain language effort will revise one of OSHA's most 
complex and out-of-date standards, Means of Egress, codified at 29 CFR 
190.38. This standard addresses exit routes in general industry 
workplaces, which are essential to guide employees to safety in an 
emergency. The plain language rule will be titled ``Exit Routes.'' This 
rule was originally listed under RIN 1218-AB55.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            09/10/96                    61 FR 47712
Public Hearing                  04/29/97                     62 FR 9402
Final Rule                       To Be                       Determined

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: None

[[Page 64669]]

Agency Contact: Marthe B. Kent, Acting Director, Directorate of Health 
Standards Programs, Department of Labor, Occupational Safety and Health 
Administration, Room N3605, 200 Constitution Avenue NW, FP Building, 
Washington, DC 20210
Phone: 202 693-2222
Fax: 202 693-1678

RIN: 1218-AB82
_______________________________________________________________________




2176.  OIL AND GAS WELL DRILLING AND SERVICING

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

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

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

CFR Citation: 29 CFR 1910.270

Legal Deadline: None

Abstract: OSHA intends to propose a standard for the oil and gas well 
drilling and servicing industry. In 1982, OSHA proposed a standard for 
the industry. OSHA believed at that time that the OSHA general industry 
standard did not adequately address the hazards of oil and gas well 
drilling and servicing and that this lack of protection contributed to 
a high number of deaths and injuries in the industry. No final action 
was taken with respect to the proposed standard and, therefore, there 
is still no specific OSHA standard for the oil and gas well drilling 
and servicing industry. OSHA intends to repropose in the near future, 
because changes in technology, conditions in the industry, and 
workforce demographics necessitate the issuance of a new proposal.

The oil and gas well drilling and servicing industry is involved in 
extracting underground deposits of oil and gas and in maintaining the 
equipment used to bring the oil and gas to the surface. In 1997, there 
were 85 deaths resulting from accidents in the industry, caused by such 
events as falling from equipment/platforms to another level, being 
struck or crushed by equipment, and being asphyxiated. OSHA has begun 
collecting information and data with respect to the industry and will 
soon hold stakeholder meetings to provide an early opportunity to those 
who may be impacted by a standard to discuss their ideas on the 
rulemaking.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                             To Be                       Determined

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Agency Contact: Marthe B. Kent, Acting Director, Directorate of Health 
Standards Programs, Department of Labor, Occupational Safety and Health 
Administration, Room N3605, 200 Constitution Avenue NW, FP Building, 
Washington, DC 20210
Phone: 202 693-2222
Fax: 202 693-1678

RIN: 1218-AB83
_______________________________________________________________________




2177.  PREVENTION OF NEEDLESTICK AND OTHER SHARPS INJURIES

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 1910.1030

Legal Deadline: None

Abstract: In 1998, OSHA published a Request for Information (RFI) 
requesting
information from the public on the incidence of needlestick and sharps 
injuries among workers in healthcare, nursing home, and other related 
work settings; the availability and extent of use of safer medical 
devices to prevent such injuries; the potential cost and feasibility 
implications of relying on such devices; how best to evaluate the 
efficacy of these devices and encourage worker acceptance of them, and 
other issues. Workers receiving such injuries may contract such deadly 
diseases as Hepatitis B, Hepatitis C, or Acquired Immune Deficiency 
Syndrome (AIDS) if the needle or sharp causing the injury is 
contaminated by blood or other potentially infectious material from a 
patient or client with bloodborne disease. OSHA received 396 responses 
to the RFI. It has been estimated that there are 590,000 contaminated 
needlestick and sharps injuries every year. OSHA decided to take 
several actions in response to the information received: issuance of 
the RFI summary report; revision of the compliance directive (CPL 2-
2.44D) for the Bloodborne Pathogens standard (29 CFR 1910.1030); and 
proposed revision of the Bloodborne Pathogens standard to clarify that, 
where feasible, safer medical devices must be used to satisfy the 
requirements of that paragraph: ``Engineering and work practice 
controls shall be used to eliminate or minimize employee exposure.'' 
The revised compliance directive will be issued by the end of 1999. 
OSHA intends to issue the proposed rule in the Spring of 2001, and to 
hold stakeholder meetings in the summer of 2000.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            03/00/01

Regulatory Flexibility Analysis Required: No

Government Levels Affected: Undetermined

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

RIN: 1218-AB85
_______________________________________________________________________




2178.  SANITATION

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

Unfunded Mandates: Undetermined

Legal Authority: 29 USC 655; 40 USC 333

CFR Citation: 29 CFR 1926.51

Legal Deadline: None

Abstract: On October 7, 1998, the Advisory Committee on Construction 
Safety and Health(ACCSH) recommended that OSHA consider proposed 
revisions to the construction sanitation standard (29 CFR 1926.51). 
OSHA believes that the ACCSH recommendation raises important issues 
regarding the type of sanitation facilities needed for construction 
workers. OSHA intends to propose revisions to the sanitation standard, 
including the need to require washing facilities, gender-separate and 
lockable toilet facilities, and (where other OSHA standards require 
change rooms) gender-separate and lockable change facilities.

[[Page 64670]]

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            12/00/00

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, Room N3468, 200 Constitution Avenue NW, FP Building, 
Washington, DC 20210
Phone: 202 693-2020
Fax: 202 693-1689
Email: [email protected]

RIN: 1218-AB87
_______________________________________________________________________


Department of Labor (DOL)                             Completed Actions


Occupational Safety and Health Administration (OSHA)



_______________________________________________________________________




2179. PLAIN LANGUAGE REVISION OF EXISTING STANDARDS

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 three of the agency's 
most complex and out-of-date 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 first of 
these rulemakings, involving the Standard on Dipping and Coating 
Operations, was completed in March, 1999. The other two rulemakings 
address OSHA's Standards on Means of Egress and Spray Finishing Using 
Flammable and Combustible Liquids, which formerly appeared together in 
the Agenda under RIN 1218-AB55, have been separated in this agenda and 
appear under RIN 1218-AB82 (Exit Routes) and RIN 1218-AB84, Spray 
Applications.

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 on Dipping and 
Coating Operations              03/23/99                    64 FR 13897
Final Action Effective Dipping 
and Coating Operations          04/22/99
Withdrawn                       08/30/99

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Agency Contact: Marthe B. Kent, Acting Director, Directorate of Health 
Standards Programs, Department of Labor, Occupational Safety and Health 
Administration, Room N3605, 200 Constitution Avenue NW, FP Building, 
Washington, DC 20210
Phone: 202 693-2222
Fax: 202 693-1678

RIN: 1218-AB55
_______________________________________________________________________




2180. 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: This entry is being withdrawn from the Regulatory Agency 
because OSHA no longer intends to pursue this rulemaking action.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Withdrawn                       08/30/99

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: Undetermined

Agency Contact: Marthe B. Kent, Acting Director, Directorate of Health 
Standards Programs, Department of Labor, Occupational Safety and Health 
Administration, Room N3605, 200 Constitution Avenue NW, FP Building, 
Washington, DC 20210
Phone: 202 693-2222
Fax: 202 693-1678

RIN: 1218-AB64
_______________________________________________________________________


Department of Labor (DOL)                           Proposed Rule Stage


Office of the Assistant Secretary for Veterans' Employment & Training 
(ASVET)



_______________________________________________________________________




2181.  ANNUAL REPORT FOR FEDERAL CONTRACTORS

Priority: Other Significant

Legal Authority: PL 105-339 Employment Opportunities Act

CFR Citation: 41 CFR 61

Legal Deadline: None

Abstract: The Veterans' Employment and Training Service is proposing to 
issue regulations implementing changes in the reporting requirements as 
stated in Veterans Employment Opportunity Act of 1998. The Act requires 
all Federal contractors and sub-contractors with contracts in the 
amount of $25,000 or more to report their efforts toward the hiring of 
qualified veterans. The Act also added an additional category of 
veterans, ``other veteran'', to be eligible for employment by Federal

[[Page 64671]]

contractors. This proposal will help VETS assist in providing qualified 
veterans to maximize employment and training opportunities.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            11/00/99

Regulatory Flexibility Analysis Required: No

Agency Contact: Robert Wilson, Chief, Compliance Programs, VETS, 
Department of Labor, Office of the Assistant Secretary for Veteran's 
Employment & Training, S-1316, 200 Constitution Avenue, NW, Washington, 
DC 20210
Phone: 202 693-4717
Fax: 202 693-4755

RIN: 1293-AA07
[FR Doc. 99-25669 Filed 11-19-99; 8:45 am]
BILLING CODE 4510-23-F