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


Part XII





Department of Labor





_______________________________________________________________________



Semiannual Regulatory Agenda

[[Page 23014]]



DEPARTMENT OF LABOR (DOL)                                              


  



_______________________________________________________________________

DEPARTMENT OF LABOR

Office of the Secretary

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

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

30 CFR Ch. I

41 CFR Ch. 60

48 CFR Ch. 29

Semiannual Agenda of Regulations

AGENCY:  Office of the Secretary, Labor.

ACTION:  Semiannual regulatory agenda.

_______________________________________________________________________

SUMMARY:  This document sets forth the Department's semiannual agenda 
of regulations that have been selected for review or development during 
the coming year. The agenda complies with the requirements of both 
Executive Order 12866 and the Regulatory Flexibility Act. The agenda 
lists all regulations that are expected to be under review or 
development between April 2000 and April 2001 as well as those 
completed during the past 6 months.

FOR FURTHER INFORMATION CONTACT:  Barbara Bingham, Acting Director for 
the Office of Regulatory Economics, Office of the Assistant Secretary 
for Policy, U.S. Department of Labor, 200 Constitution Avenue NW., Room 
S-2312, Washington, DC 20210, (202) 219-6197.

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

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

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

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

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

 Alexis M. Herman,

Secretary of Labor.

                                  Office of the Secretary--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
1836        Production or Disclosure of Information or Materials................................     1290-AA17
----------------------------------------------------------------------------------------------------------------


                                   Office of the Secretary--Completed Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
1837        Supplemental Standards of Ethical Conduct for Employees of the Department of Labor..     1290-AA15
1838        Equal Access to Justice Act.........................................................     1290-AA18
1839        Process for Electing State Employment Statistics Agency Representatives for              1290-AA19
            Consultations With Department of Labor..............................................
----------------------------------------------------------------------------------------------------------------


                            Employment Standards Administration--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
1840        Government Contractors: Nondiscrimination and Affirmative Action Obligations,            1215-AA01
            Executive Order 11246 (ESA/OFCCP) (Section 610 Review)..............................
1841        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.......................................
1842        Records To Be Kept by Employers Under the Fair Labor Standards Act..................     1215-AB03
1843        Assessment and Collection of User Fees..............................................     1215-AB06
1844        Implementation of the 1996 Amendments to the Fair Labor Standards Act...............     1215-AB13

[[Page 23015]]

 
1845        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.....................................................................
1846        Affirmative Action and Nondiscrimination Obligations of Contractors and                  1215-AB23
            Subcontractors Regarding Individuals With Disabilities..............................
1847        Affirmative Action and Nondiscrimination Obligations of Contractors and                  1215-AB24
            Subcontractors for Special Disabled Veterans and Veterans of the Vietnam Era........
1848        Service Contract Act Exemption for Certain Commercial Service Contracts.............     1215-AB26
1849        Affirmative Action and Nondiscrimination Obligations of Contractors and                  1215-AB27
            Subcontractors Regarding Special Disabled Veterans and Veterans of the Vietnam Era
            (Revised)...........................................................................
1850        Government Contractors: Nondiscrimination and Affirmative Action Obligations,            1215-AB28
            Executive Order 11246 (ESA/OFCCP) (Revised).........................................
1851        Longshore Act Medical Fee Schedule..................................................     1215-AB30
----------------------------------------------------------------------------------------------------------------


                              Employment Standards Administration--Final Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
1852        Child Labor Regulations, Orders, and Statements of Interpretation (ESA/W-H).........     1215-AA09
1853        Standards for Waivers Under Section 503 of the Rehabilitation Act...................     1215-AA84
1854        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)........................................................
1855        Black Lung Benefits Under the Federal Coal Mine Safety and Health Act of 1969, as        1215-AA99
            Amended.............................................................................
1856        Labor Condition Applications and Requirements for Employers Using Nonimmigrants on H-    1215-AB09
            1B Visas in Specialty Occupations and as Fashion Models.............................
1857        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.............................................................
----------------------------------------------------------------------------------------------------------------


                             Employment Standards Administration--Long-Term Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
1858        Defining and Delimiting the Term ``Any Employee Employed in a Bona Fide Executive,       1215-AA14
            Administrative, or Professional Capacity'' (ESA/W-H)................................
1859        Application of the Fair Labor Standards Act to Domestic Service.....................     1215-AA82
----------------------------------------------------------------------------------------------------------------


                             Employment Standards Administration--Completed Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
1860        Enforcement of Contractual Obligations for Temporary Alien Agricultural Workers          1215-AA43
            Admitted Under Section 216 of the Immigration and Nationality Act...................
1861        Exemptions Applicable to Agriculture, Processing of Agricultural Commodities, and        1215-AB11
            Related Subjects Under the Fair Labor Standards Act.................................
1862        Reporting by Labor Relations Consultants and Other Persons..........................     1215-AB14
1863        Labor Organization Annual Financial Report..........................................     1215-AB29
----------------------------------------------------------------------------------------------------------------


                           Employment and Training Administration--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
1864        Disaster Unemployment Assistance Program, Amendment to Regulations..................     1205-AB02

[[Page 23016]]

 
1865        Federal-State Unemployment Compensation Program; Unemployment Insurance Performance      1205-AB10
            System..............................................................................
1866        Labor Certification and Petition Process for the Temporary Employment of                 1205-AB24
            Nonimmigrant Aliens in Agriculture in the United States; Modification of Fee
            Structure...........................................................................
1867        Labor Certification Process for the Permanent Employment of Aliens in the United         1205-AB25
            States; Refiling of Applications....................................................
----------------------------------------------------------------------------------------------------------------


                            Employment and Training Administration--Final Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
1868        Trade Adjustment Assistance for Workers--Implementation of 1988 Amendments..........     1205-AB05
1869        Trade Adjustment Assistance for Workers--Transitional Adjustment Assistance NAFTA-       1205-AB07
            TAA.................................................................................
1870        Welfare-to-Work (WTW) Grants........................................................     1205-AB15
1871        (UC) Program; Confidentiality and Disclosure of Information in State UC Records.....     1205-AB18
1872        Workforce Investment Act of 1998....................................................     1205-AB20
1873        Birth and Adoption Unemployment Compensation........................................     1205-AB21
1874        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...........................................................
1875        Attestations by Facilities Temporarily Employing H-1C Nonimmigrant Aliens as             1205-AB27
            Registered Nurses...................................................................
----------------------------------------------------------------------------------------------------------------


                            Employment and Training Administration--Long-Term Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
1876        Services to Migrant and Seasonal Farmworkers, Job Service Complaint System,              1205-AA37
            Monitoring, and Enforcement.........................................................
1877        Labor Certification Process for the Permanent Employment of Aliens in the United         1205-AA66
            States..............................................................................
1878        Establishment of Fees for Immigration Programs Administered by the Employment and        1205-AB14
            Training Administration.............................................................
1879        Indian and Native American Welfare-to-Work Program..................................     1205-AB16
----------------------------------------------------------------------------------------------------------------


                        Pension and Welfare Benefits Administration--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
1880        Definition of Collective Bargaining Agreement (ERISA Section 3(40)).................     1210-AA48
1881        Rulemaking Relating to Notice Requirements for Continuation of Health Care Coverage.     1210-AA60
1882        Voluntary Fiduciary Correction Program..............................................     1210-AA76
1883        Regulation Exempting Certain Broker-Dealer and Investment Advisers from Bonding          1210-AA80
            Requirements........................................................................
----------------------------------------------------------------------------------------------------------------


                          Pension and Welfare Benefits Administration--Final Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
1884        Revision of the Form 5500 Series and Implementing and Related Regulations Under the      1210-AA52
            Employee Retirement Income Security Act of 1974 (ERISA).............................
1885        Regulations Implementing the Health Care Access, Portability and Renewability            1210-AA54
            Provisions of the Health Insurance Portability and Accountability Act of 1996.......
1886        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
1887        Amendments to Employee Benefit Plan Claims Procedures Regulation....................     1210-AA61
1888        Mental Health Benefits Parity.......................................................     1210-AA62
1889        Health Care Standards for Mothers and Newborns......................................     1210-AA63
1890        Reporting Requirements for MEWAs Providing Medical Care Benefits....................     1210-AA64

[[Page 23017]]

 
1891        Elimination of Filing Requirements for Summary Plan Descriptions....................     1210-AA66
1892        Requirement To Furnish Plan Documents Upon Request by the Secretary of Labor........     1210-AA67
1893        Civil Penalty for Failure To Furnish Certain Plan Documents.........................     1210-AA68
1894        Amendments to Summary Plan Description Regulations..................................     1210-AA69
1895        Electronic Disclosure of Employee Benefit Plan Information..........................     1210-AA71
1896        National Medical Support Notice.....................................................     1210-AA72
1897        Small Pension Plan Security Amendments..............................................     1210-AA73
1898        Soft Dollar (Interpretive Bulletin).................................................     1210-AA74
1899        Rulemaking Relating to the Women's Health and Cancer Rights Act of 1998.............     1210-AA75
1900        Prohibiting Discrimination Against Participants and Beneficiaries Based on Health        1210-AA77
            Status..............................................................................
1901        Amendments Regarding Allocation of Fiduciary Responsibility; Federal Retirement          1210-AA79
            Thrift Investment Board.............................................................
----------------------------------------------------------------------------------------------------------------


                         Pension and Welfare Benefits Administration--Long-Term Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
1902        Adequate Consideration..............................................................     1210-AA15
1903        Civil Penalties Under ERISA Section 502(1)..........................................     1210-AA37
1904        Individual Benefits Reporting Requirements for Defined Contribution Plans...........     1210-AA65
----------------------------------------------------------------------------------------------------------------


                         Pension and Welfare Benefits Administration--Completed Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
1905        Limitation of Liability for Insurers and Others Under Part 4 of Title I of ERISA and     1210-AA58
            Section 4975 of the Internal Revenue Code...........................................
----------------------------------------------------------------------------------------------------------------


                              Mine Safety and Health Administration--Prerule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
1906        Occupational Exposure to Coal Mine Dust (Lowering Exposure Limit)...................     1219-AB08
1907        Mine Rescue Teams...................................................................     1219-AB20
----------------------------------------------------------------------------------------------------------------


                           Mine Safety and Health Administration--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
1908        Air Quality, Chemical Substances, and Respiratory Protection Standards..............     1219-AA48
1909        Belt Entry Use as Intake Aircourse To Ventilate Working Sections....................     1219-AA76
1910        Metal/Nonmetal Impoundments.........................................................     1219-AA83
1911        Surface Haulage.....................................................................     1219-AA93
1912        Improving and Eliminating Regulations...............................................     1219-AA98
1913        Respirable Crystalline Silica Standard..............................................     1219-AB12
1914        Underground Coal Mine Operators Plan Verification and MSHA Compliance Sampling for       1219-AB14
            Respirable Dust.....................................................................
1915        Determination of Concentration of Respirable Coal Mine Dust.........................     1219-AB18
1916        Safety Standards for Self-Contained Self-Rescue Devices in Coal and Metal/Nonmetal       1219-AB19
            Underground Mines...................................................................
----------------------------------------------------------------------------------------------------------------


[[Page 23018]]


                             Mine Safety and Health Administration--Final Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
1917        Hazard Communication................................................................     1219-AA47
1918        Diesel Particulate Matter (Exposure of Underground Coal Miners).....................     1219-AA74
1919        Longwall Equipment (Including High-Voltage).........................................     1219-AA75
1920        Independent Laboratory Testing......................................................     1219-AA87
1921        Requirements for Approval of Flame-Resistant Conveyor Belts.........................     1219-AA92
1922        Diesel Particulate Matter (Exposure of Underground Metal and Nonmetal Miners).......     1219-AB11
----------------------------------------------------------------------------------------------------------------


                            Mine Safety and Health Administration--Long-Term Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
1923        Confined Spaces.....................................................................     1219-AA54
1924        Safety Standard Revisions for Underground Anthracite Mines..........................     1219-AA96
1925        Electrical Standards for Metal and Nonmetal Mines...................................     1219-AB01
1926        Training and Retraining of Miners...................................................     1219-AB02
----------------------------------------------------------------------------------------------------------------


                            Mine Safety and Health Administration--Completed Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
1927        Safety Standards for the Use of Roof-Bolting Machines...............................     1219-AA94
----------------------------------------------------------------------------------------------------------------


            Office of the Assistant Secretary for Administration and Management--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
1928        Nondiscrimination on the Basis of Disability in Programs and Activities Receiving or     1291-AA28
            Benefiting From Federal Financial Assistance........................................
----------------------------------------------------------------------------------------------------------------


              Office of the Assistant Secretary for Administration and Management--Final Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
1929        Implementation of the Nondiscrimination and Equal Opportunity Requirements of the        1291-AA29
            Workforce Investment Act of 1998....................................................
1930        Grants and Agreements...............................................................     1291-AA30
----------------------------------------------------------------------------------------------------------------


             Office of the Assistant Secretary for Administration and Management--Long-Term Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
1931        Department of Labor Acquisition Regulation..........................................     1291-AA20
1932        Nondiscrimination on the Basis of Age in Programs and Activities Receiving Federal       1291-AA21
            Financial Assistance From the Department of Labor...................................
1933        Audits of States, Local Governments, and Nonprofit Organizations....................     1291-AA26
1934        Audit Requirements for Grants, Contracts, and Other Agreements......................     1291-AA27
----------------------------------------------------------------------------------------------------------------


[[Page 23019]]


                          Occupational Safety and Health Administration--Prerule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
1935        Process Safety Management of Highly Hazardous Chemicals.............................     1218-AB63
1936        Safety Standards for Scaffolds Used in the Construction Industry--Part II...........     1218-AB68
1937        Grain Handling Facilities (Section 610 Review)......................................     1218-AB73
1938        Cotton Dust (Section 610 Review)....................................................     1218-AB74
1939        Prevention of Needlestick and Other Sharps Injuries.................................     1218-AB85
1940        Occupational Exposure to Perchloroethylene..........................................     1218-AB86
1941        Sanitation..........................................................................     1218-AB87
1942        Hearing Loss Prevention in Construction Workers.....................................     1218-AB89
----------------------------------------------------------------------------------------------------------------


                       Occupational Safety and Health Administration--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
1943        Permissible Exposure Limits (PELs) for Air Contaminants.............................     1218-AB54
1944        Occupational Exposure to Ethylene Oxide (Section 610 Review)........................     1218-AB60
1945        Plain Language Revision of the Flammable and Combustible Liquids Standard...........     1218-AB61
1946        Plain Language Revision of the Mechanical Power-Transmission Apparatus Standard.....     1218-AB66
1947        Electric Power Transmission and Distribution; Electrical Protective Equipment in the     1218-AB67
            Construction Industry...............................................................
1948        Standards Improvement (Miscellaneous Changes) for General Industry, Marine               1218-AB81
            Terminals, and Construction Standards (Phase II)....................................
1949        Plain Language Revisions to Spray Applications......................................     1218-AB84
1950        Signs, Signals, and Barricades......................................................     1218-AB88
----------------------------------------------------------------------------------------------------------------


                         Occupational Safety and Health Administration--Final Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
1951        Steel Erection (Part 1926) (Safety Protection for Ironworkers)......................     1218-AA65
1952        Recording and Reporting Occupational Injuries and Illnesses (Simplified Injury/          1218-AB24
            Illness Recordkeeping Requirements).................................................
1953        Ergonomics Programs: Preventing Musculoskeletal Disorders...........................     1218-AB36
1954        Occupational Exposure to Tuberculosis...............................................     1218-AB46
1955        Nationally Recognized Testing Laboratories Programs: Fees...........................     1218-AB57
1956        Employer Payment for Personal Protective Equipment..................................     1218-AB77
1957        Consultation Agreements.............................................................     1218-AB79
1958        Plain Language Revisions to the Exit Routes Standard................................     1218-AB82
----------------------------------------------------------------------------------------------------------------


                        Occupational Safety and Health Administration--Long-Term Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
1959        Respiratory Protection (Proper Use of Modern Respirators)...........................     1218-AA05
1960        Longshoring and Marine Terminals (Parts 1917 and 1918) -- Reopening of the Record        1218-AA56
            (Vertical Tandem Lifts (VTLs))......................................................
1961        Scaffolds in Shipyards (Part 1915 -- Subpart N).....................................     1218-AA68
1962        Access and Egress in Shipyards (Part 1915, Subpart E) (Shipyards: Emergency Exits        1218-AA70
            and Aisles).........................................................................
1963        Glycol Ethers: 2-Methoxyethanol, 2-Ethoxyethanol, and Their Acetates: Protecting         1218-AA84
            Reproductive Health.................................................................
1964        Accreditation of Training Programs for Hazardous Waste Operations (Part 1910).......     1218-AB27
1965        Indoor Air Quality in the Workplace.................................................     1218-AB37
1966        Safety and Health Programs (for General Industry and the Maritime Industries).......     1218-AB41
1967        Occupational Exposure to Hexavalent Chromium (Preventing Occupational Illness:           1218-AB45
            Chromium)...........................................................................
1968        Confined Spaces in Construction (Part 1926): Preventing Suffocation/Explosions in        1218-AB47
            Confined Spaces.....................................................................
1969        General Working Conditions for Shipyard Employment..................................     1218-AB50

[[Page 23020]]

 
1970        Fire Protection in Shipyard Employment (Part 1915, Subpart P) (Shipyards: Fire           1218-AB51
            Safety).............................................................................
1971        Metalworking Fluids: Protecting Respiratory Health..................................     1218-AB58
1972        Fall Protection in the Construction Industry........................................     1218-AB62
1973        Revocation of Certification Records for Tests, Inspections, and Training............     1218-AB65
1974        Safety and Health Programs for Construction.........................................     1218-AB69
1975        Occupational Exposure to Crystalline Silica.........................................     1218-AB70
1976        Control of Hazardous Energy (Lockout) in Construction (Part 1926) (Preventing            1218-AB71
            Construction Injuries/Fatalities: Lockout)..........................................
1977        Occupational Exposure to Beryllium..................................................     1218-AB76
1978        Consolidation of Records Maintenance Requirements in OSHA Standards.................     1218-AB78
1979        Walking Working Surfaces and Personal Fall Protection Systems (1910) (Slips, Trips       1218-AB80
            and Fall Prevention)................................................................
1980        Oil and Gas Well Drilling and Servicing.............................................     1218-AB83
----------------------------------------------------------------------------------------------------------------


                        Occupational Safety and Health Administration--Completed Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
1981        Control of Hazardous Energy Sources (Lockout/Tagout)................................     1218-AB59
----------------------------------------------------------------------------------------------------------------


           Office of the Assistant Secretary for Veterans' Employment & Training--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
1982        Annual Report for Federal Contractors...............................................     1293-AA07
----------------------------------------------------------------------------------------------------------------

_______________________________________________________________________


DEPARTMENT OF LABOR (DOL)                           Proposed Rule Stage


Office of the Secretary (OS)



_______________________________________________________________________




1836. 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                            06/00/00

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

[[Page 23021]]

_______________________________________________________________________


DEPARTMENT OF LABOR (DOL)                             Completed Actions


Office of the Secretary (OS)



_______________________________________________________________________




1837. SUPPLEMENTAL STANDARDS OF ETHICAL CONDUCT FOR EMPLOYEES OF THE 
DEPARTMENT OF LABOR

Priority: Info./Admin./Other

Legal Authority: 5 USC 301; 5 USC 7301; 5 USC 7353; 5 USC app (Ethics 
in Government Act); EO 12674; 18 USC 208

CFR Citation: 5 CFR 5201; 29 CFR 0; 3 CFR 1989 Comp; 5 CFR 2634; 5 CFR 
2635; 3 CFR 1990

Legal Deadline: None

Abstract: The Department of Labor is developing a rule for its 
employees that supplements the Standards of Ethical Conduct for 
Employees of the Executive Branch issued by the Office of Government 
Ethics (OGE). The rule would designate certain components of the 
Department as separate agencies for the purposes of provisions in the 
Executive Branch-wide standards regarding gifts from outside sources, 
the receipt of compensation for teaching, speaking, or writing, and 
fundraising in a personal capacity. The rule would also restrict the 
outside financial interests for employees of the Mine Safety and Health 
Administration and require approval of outside employment for employees 
of the Office of Inspector General. It repeals existing regulations 
governing outside employment and financial interests. Issuance of this 
rule would require OGE concurrence.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              11/06/96                    61 FR 57281
Final Action                    12/30/99                    64 FR 73853
Final Action Effective          01/31/00

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
_______________________________________________________________________




1838. 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

________________________________________________________________________

Withdrawn                       02/25/00

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
_______________________________________________________________________




1839. 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 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                    02/11/00                     65 FR 7194
Final Action Effective          03/13/00

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

[[Page 23022]]

_______________________________________________________________________


DEPARTMENT OF LABOR (DOL)                           Proposed Rule Stage


Employment Standards Administration (ESA)



_______________________________________________________________________




1840. GOVERNMENT CONTRACTORS: NONDISCRIMINATION AND AFFIRMATIVE ACTION 
OBLIGATIONS, EXECUTIVE ORDER 11246 (ESA/OFCCP) (SECTION 610 REVIEW)

Priority: Other Significant

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

Legal Authority: EO 11246, as amended

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

Legal Deadline: None

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

Statement of Need: Parts of the regulations implementing Executive 
Order 11246 need to be revised to reflect changes in the law that have 
occurred over time, streamlined, and clarified. Executive Order 11246 
requires all Federal contractors and subcontractors and federally 
assisted construction contractors and subcontractors to apply a policy 
of nondiscrimination and affirmative action in employment with respect 
to race, color, religion, sex, and national origin. The regulatory 
revisions are necessary in order to allow the DOL to effectively and 
efficiently enforce the provisions of the Executive Order. As a first 
step in updating its Executive Order regulations, the Department 
published changes to the provisions that govern preaward review 
requirements; recordkeeping and record retention requirements; 
certification requirements; and related provisions. In addition, other 
revisions have been made that conform Executive Order 11246 regulations 
to the recent changes made in the Department's regulations implementing 
section 503 of the Rehabilitation Act.

A second phase of revision will contain proposals to change provisions 
that govern requirements for written affirmative action plans and the 
provisions concerning evaluation of contractor procedures.

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

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

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

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

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM Affirmative Action Plans 
(60-2)                          04/00/00

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: Undetermined

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

Agency Contact: James I. Melvin, Director, Division of Policy, 
Planning, and Program Development, OFCCP, Department of Labor, 
Employment Standards Administration, 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-AA01
_______________________________________________________________________




1841. 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

[[Page 23023]]

Final Rule - Walsh-Healey/CWHSSA 
Rule                            08/05/96                    61 FR 40714
Second NPRM                     12/00/00

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-AA96
_______________________________________________________________________




1842. RECORDS TO BE KEPT BY EMPLOYERS UNDER THE FAIR LABOR STANDARDS ACT

Priority: Substantive, Nonsignificant

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

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

CFR Citation: 29 CFR 516 et seq

Legal Deadline: None

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

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            04/00/00

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
_______________________________________________________________________




1843. 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                            11/00/00

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
_______________________________________________________________________




1844. IMPLEMENTATION OF THE 1996 AMENDMENTS TO THE FAIR LABOR STANDARDS 
ACT

Priority: Other Significant

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

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

Legal Deadline: None

Abstract: The ``Small Business Job Protection Act of 1996'' (H.R. 3448) 
was enacted on August 20, 1996, as Public Law 104-188. Title II of this 
enactment amended the Portal-to-Portal Act (PA) and the Fair Labor 
Standards Act (FLSA). The PA amendment excludes (under certain 
circumstances) from compensable ``hours worked'' the time spent by an 
employee in home-to-work travel in an employer-provided vehicle. The 
FLSA amendments: (1) increase the $4.25 Federal minimum hourly wage by 
$.90 in two steps over two years (i.e., to $4.75 on October 1, 1996, 
and to $5.15 on September 1, 1997); (2) provide a $4.25 subminimum wage 
for youth under age 20 in their first 90 calendar days of employment 
with an employer; (3) set the employer's direct wage payment obligation 
for tipped employees at $2.13 per hour (provided such employees receive 
the balance of the full minimum wage in tips); and (4) set the hourly 
compensation requirements at not less than $27.63 per hour for certain 
exempt professional employees in computer-

[[Page 23024]]

related occupations. Changes will be required in the regulations to 
reflect these amendments.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            12/00/00

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
_______________________________________________________________________




1845. 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                            10/00/00

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
_______________________________________________________________________




1846. 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                            06/00/00

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
_______________________________________________________________________




1847. 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.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            06/00/00

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

[[Page 23025]]

Fax: 202 693-1304
Email: [email protected]

RIN: 1215-AB24
_______________________________________________________________________




1848. 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                            04/00/00

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
_______________________________________________________________________




1849. 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                            06/00/00

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
_______________________________________________________________________




1850. 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                            06/00/00

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
_______________________________________________________________________




1851.  LONGSHORE ACT MEDICAL FEE SCHEDULE

Priority: Substantive, Nonsignificant

Legal Authority: 33 USC 907(g); 33 USC 939

CFR Citation: 20 CFR 702.301; 20 CFR 702.406; 20 CFR 702.407; 20 CFR 
702.411; 20 CFR 702.413; 20 CFR 702.414; 20 CFR 702.417; 20 CFR 
702.435; ...

Legal Deadline: None

Abstract: The Longshore and Harbor Workers' Compensation Act(LHWCA) 
directs the Secretary of Labor to actively supervise the medical care 
and treatment given to injured workers and to determine the necessity, 
character and sufficiency of the care furnished and to regulate the 
amounts charged by medical providers for providing such medical 
services and supplies. The proposed rule clarifies this authority, 
which is delegated to OWCP's district directors, and the procedure for 
challenging its exercise. The proposed rule also provides that the 
recent expansion of the OWCP Medical Fee Schedule to cover pharmacy and 
inpatient hospital care may be used to determine the prevailing 
community rate for such services under the LHWCA. Finally, the proposed 
rule clarifies the circumstances under which a doctor may not be 
selected to perform an impartial medical examination.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            07/00/00

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: None

Agency Contact: Michael Niss, Director, Longshore and Harborworkers' 
Compensation, OWCP, Department of Labor, Employment Standards 
Administration, Room C4315, 200 Constitution Avenue NW., FP Building, 
Washington, DC 20210

[[Page 23026]]

Phone: 202 693-0038
Fax: 202 693-1380

RIN: 1215-AB30
_______________________________________________________________________


DEPARTMENT OF LABOR (DOL)                              Final Rule Stage


Employment Standards Administration (ESA)



_______________________________________________________________________




1852. CHILD LABOR REGULATIONS, ORDERS, AND STATEMENTS OF INTERPRETATION 
(ESA/W-H)

Priority: Other Significant

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

Legal Authority: 29 USC 203(e)

CFR Citation: 29 CFR 570

Legal Deadline: None

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

Statement of Need: Because of changes in the workplace and the 
introduction of new processes and technologies, the Department is 
undertaking a comprehensive review of the regulatory criteria 
applicable to child labor. Other factors necessitating a review of the 
child labor regulations are changes in places where young workers find 
employment opportunities, the existence of differing Federal and State 
standards, and the divergent views on how best to correlate school and 
work experiences.

Under the Fair Labor Standards Act, the Secretary of Labor is directed 
to provide by regulation or by order for the employment of youth 
between 14 and 16 years of age under periods and conditions which will 
not interfere with their schooling, health and well-being. The 
Secretary is also directed to designate occupations that may be 
particularly hazardous for youth between the ages of 16 and 18 years or 
detrimental to their health or well-being. The Secretary has done so by 
specifying, in regulations, the permissible industries and occupations 
in which 14- and 15-year-olds may be employed, and the number of hours 
per day and week and the time periods within a day in which they may be 
employed. In addition, these regulations designate the occupations 
declared particularly hazardous for minors between 16 and 18 years of 
age or detrimental to their health or well-being.
Public comment has been invited in considering whether changes in 
technology in the workplace and job content over the years require new 
hazardous occupation orders or necessitate revision to some of the 
existing hazardous orders. Comment has also been invited on whether 
revisions should be considered in the permissible hours and time-of-day 
standards for the employment of 14- and 15-year-olds, and whether 
revisions should be considered to facilitate school-to-work transition 
programs. When developing regulatory proposals (after receipt of public 
comment on the advance notice of proposed rulemaking), the Department's 
focus will be on assuring healthy, safe and fair workplaces for young 
workers, and at the same time promoting job opportunities for young 
people and making regulatory standards less burdensome to the regulated 
community.

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

Alternatives: Regulatory alternatives developed based on recent 
legislation and the public comments responding to the advance notice of 
proposed rulemaking included specific proposed additions or 
modifications to the paper baler, teen driving, explosive materials, 
and roofing hazardous occupation orders, and proposed changes to the 
permissible cooking activities that 14- and 15-year-0lds may perform in 
retail establishments.

Anticipated Cost and Benefits: Preliminary estimates of the anticipated 
costs and benefits of this regulatory action indicated that the rule 
was not economically significant. Benefits will include safer working 
environments and the avoidance of injuries with respect to young 
workers.

Risks: The child labor regulations, by ensuring that permissible job 
opportunities for working youth are safe and healthy and not 
detrimental

[[Page 23027]]

to their education as required by the statute, produce positive 
benefits by reducing health and productivity costs employers may 
otherwise incur from higher accident and injury rates to young and 
inexperienced workers. Given the limited nature of the changes in this 
proposed rule, a detailed assessment of the magnitude of risk was not 
prepared.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Final Action HOS 2, 10 and 12   11/20/91                    56 FR 58626
Final Rule Effective            12/20/91
ANPRM                           05/13/94                    59 FR 25167
ANPRM Comment Period End        08/11/94                    59 FR 40318
NPRM                            11/30/99                    64 FR 67130
NPRM Comment Period End         01/31/00
Final Action                    10/00/00

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-AA09
_______________________________________________________________________




1853. STANDARDS FOR WAIVERS UNDER SECTION 503 OF THE REHABILITATION ACT

Priority: Substantive, Nonsignificant

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

CFR Citation: 41 CFR 60-741

Legal Deadline: None

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

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

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

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
_______________________________________________________________________




1854. PROCEDURES FOR PREDETERMINATION OF WAGE RATES (29 CFR PART 1) AND 
LABOR STANDARDS PROVISIONS APPLICABLE TO CONTRACTS COVERING FEDERALLY 
FINANCED AND ASSISTED CONSTRUCTION (29 CFR PART 5)

Priority: Other Significant

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

CFR Citation: 29 CFR 1; 29 CFR 5

Legal Deadline: None

Abstract: The Department attempted to implement revised rules governing 
the circumstances in which ``helpers'' may be used on federally funded 
and assisted construction contracts subject to the Davis-Bacon Act in 
May 1982 (see 47 FR 23644, 23658 (May 28, 1982); 47 FR 32090 (July 20, 
1982)). After protracted litigation, a final rule was published in 
January 1989 (see 54 FR 4234) which became effective on February 4, 
1991. Thereafter, on two occasions Congress acted to prevent the 
Department from expending any funds to implement these revised helper 
regulations--through the Dire Emergency Supplemental Appropriations Act 
of 1991, PL 102-27, 105 Stat. 130,151 (1991), and then through section 
104 of the DOL Appropriations Act of 1994, PL 103-112. There is no such 
prohibition in the DOL's Appropriations Act for fiscal year 1999 Public 
Law 105-277 (October 21, 1998). Given the uncertainty of continuation 
of such moratoriums, the Department has determined that the helper 
issue needs to be addressed through further rulemaking. A notice 
inviting public comment on a proposal to continue the suspension of the 
former helper regulations while the Department conducts additional 
rulemaking proceedings was published August 2, 1996 (61 FR 40366). A 
final rule continuing the suspension while further rulemaking is 
considered was published December 30, 1996 (61 FR 68641).

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

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

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

Anticipated Cost and Benefits: A new rulemaking regarding the helper 
criteria will seek to make administration of the

[[Page 23028]]

Davis-Bacon Act more efficient by establishing reasonable ``helper'' 
criteria and methodology--thus resolving the controversy and 
uncertainty currently experienced by interested parties. Changes in the 
helper regulations may affect prior estimates of potential construction 
procurement cost savings anticipated from the earlier rulemaking. 
Estimates of the financial impacts of revised ``helper'' regulations 
included in the NPRM range from $72.8 million to $296 million, 
depending upon the alternative considered and the data sources used.

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

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM Continue Suspension        08/02/96                    61 FR 40367
Final Continue Suspension       12/30/96                    61 FR 68641
NPRM                            04/09/99                    64 FR 17442
NPRM Comment Period End         06/08/99
Final Action                    08/00/00

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-AA94
_______________________________________________________________________




1855. BLACK LUNG BENEFITS UNDER THE FEDERAL COAL MINE SAFETY AND HEALTH 
ACT OF 1969, AS AMENDED

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 the resolution of claims through the informal conference; 
streamline the litigation process by encouraging the early development 
and submission of evidence; reduce costs; 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
Second NPRM                     10/08/99                    64 FR 54966
Second NPRM Comment Period 
Extended to 1/6/00              11/18/99                    64 FR 62997
Second NPRM Comment Period End  12/07/99
Final Action                    12/00/00

Regulatory Flexibility Analysis Required: Yes

Small Entities Affected: Businesses

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
_______________________________________________________________________




1856. 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
Interim Final Rule              04/00/00

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
_______________________________________________________________________




1857. 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.

[[Page 23029]]

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

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            12/28/98                    63 FR 71405
NPRM Comment Period End         01/27/99
Final Action                    04/00/00

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
_______________________________________________________________________


DEPARTMENT OF LABOR (DOL)                             Long-Term Actions


Employment Standards Administration (ESA)



_______________________________________________________________________




1858. DEFINING AND DELIMITING THE TERM ``ANY EMPLOYEE EMPLOYED IN A BONA 
FIDE EXECUTIVE, ADMINISTRATIVE, OR PROFESSIONAL CAPACITY'' (ESA/W-H)

Priority: Economically Significant. Major under 5 USC 801.

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

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

CFR Citation: 29 CFR 541

Legal Deadline: None

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

Statement of Need: These regulations set forth the criteria used in the 
determination of the application of the FLSA exemption for 
``executive,'' ``administrative,'' ``professional,'' and ``outside 
sales employees.'' The existing salary test levels used in determining 
which employees qualify as exempt from the minimum wage and overtime 
rules were adopted in 1975 on an interim basis. These salary level 
tests are outdated and offer little practical guidance in the 
application of the exemption. In addition numerous comments and 
petitions have been received in recent years from industry groups 
regarding the duties and responsibilities tests in the regulations. 
These factors, as well as recent case law developments, have led the 
Department to conclude that a review of these regulations is needed.

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

[[Page 23030]]

compliance with the regulation's ``salary basis'' criteria in both the 
public and private sectors.

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

Alternatives: The Department will involve affected interest groups in 
developing regulatory alternatives. Following completion of these 
outreach and consultation activities, full regulatory alternatives will 
be developed.

Although legislative proposals have been introduced in the Congress to 
address certain aspects of these regulations, the Department will 
continue to pursue revisions to the regulations as the appropriate 
response to the concerns raised. Alternatives likely to be considered 
include particular changes to address ``salary basis'' and salary level 
issues to a comprehensive overhaul of the regulations that also 
addresses the duties and responsibilities tests.

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

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

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

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

Regulatory Flexibility Analysis Required: Yes

Small Entities Affected: Businesses, Governmental Jurisdictions, 
Organizations

Government Levels Affected: Local, State, Federal

Federalism:  Undetermined

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-AA14
_______________________________________________________________________




1859. 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


Next Action Undetermined

Regulatory Flexibility Analysis Required: No

Government Levels Affected: Federal, State, Local

Federalism:  Undetermined

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

[[Page 23031]]

_______________________________________________________________________


DEPARTMENT OF LABOR (DOL)                             Completed Actions


Employment Standards Administration (ESA)



_______________________________________________________________________




1860. 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
Withdrawn                       02/25/00

Regulatory Flexibility Analysis Required: No

Government Levels Affected: Federal

Additional Information: This regulatory agenda item is being withdrawn.

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
_______________________________________________________________________




1861. 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 was targeted for possible updating and streamlining.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Withdrawn                       02/25/00

Regulatory Flexibility Analysis Required: No

Government Levels Affected: Federal, State

Additional Information: This regulatory agenda item is being withdrawn.

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
_______________________________________________________________________




1862. 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

________________________________________________________________________

Withdrawn                       03/13/00

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Agency Contact: Kay H. Oshel, Chief, Division of Interpretations and 
Standards, OLMS, Department of Labor, Employment Standards 
Administration, Room N5605, 200 Constitution Avenue NW, FP Building, 
Washington, DC 20210
Phone: 202 693-0123
Fax: 202 693-1340

RIN: 1215-AB14
_______________________________________________________________________




1863.  LABOR ORGANIZATION ANNUAL FINANCIAL REPORT

Priority: Substantive, Nonsignificant

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

CFR Citation: 29 CFR 403

Legal Deadline: None

Abstract: This final rule makes only minor and technical revisions to 
existing regulations which do not require notice and comment. These 
revisions, which relate to the annual financial reporting forms which 
labor organizations are required to file under the Labor Management 
Reporting and Disclosure Act of 1959, as amended (LMRDA), are being 
made in order to enable the Department to optically scan the reports 
and make them available on its Internet Web site, and to make the 
reports more uniform.

[[Page 23032]]

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Final Action                    12/21/99                    64 FR 71622

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: 202 693-0123
Fax: 202 693-1340

RIN: 1215-AB29
_______________________________________________________________________


DEPARTMENT OF LABOR (DOL)                           Proposed Rule Stage


Employment and Training Administration (ETA)



_______________________________________________________________________




1864. 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: During the past few years, several disasters have highlighted 
the complexity of interpreting the present regulations. In addition, 
other provisions of the current regulations are perceived to be unduly 
restrictive and/or result in perceived inequities in some situations. 
To correct a serious problem with the monetary computation provisions 
the Department published an interim final rule on May 11, 1995. In 
addition, an ANPRM was published on 12/8/94 soliciting comments for 
other changes. In-the-meantime the administration's Federal Government 
reinvention effort was initiated to, among other matters, make 
comunicatin more understandable with the public. Therefore, this NPRM 
will completely revise part 625 to utilize a plain language format to 
correct and implify complex provisions and add amendments due to law 
changes affecting the disaster unemployment assistance program.

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                            07/00/00
Final Action                    12/00/00

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
_______________________________________________________________________




1865. 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                            06/00/00

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: State

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
_______________________________________________________________________




1866. 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

[[Page 23033]]

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                            04/00/00
NPRM Comment Period End         05/00/00
Final Action                    07/00/00
Final Action Effective          08/00/00

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

RIN: 1205-AB24
_______________________________________________________________________




1867.  LABOR CERTIFICATION PROCESS FOR THE PERMANENT EMPLOYMENT 
OF ALIENS IN THE UNITED STATES; REFILING OF APPLICATIONS

Priority: Other Significant

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

CFR Citation: 20 CFR 656

Legal Deadline: None

Abstract: This rulemaking would amend the regulations relating to the 
permanent employment of aliens in the United States. The proposed 
amendments would permit employers to request that any labor 
certification application for permanent employment filed prior to a 
certain date and which has not been sent to the regional certifying 
officer to be processed as a reduction in recruitment request, provided 
recruitment has not been conducted pursuant to the permanent labor 
certification regulations. ETA anticipates that proposed amendment 
would reduce the backlog of labor certification application for 
permanent employment in State Employment Security Agencies.
This Measure to reduce backlogs would result in a variety of desirable 
benefits, including a reduction in government resources necessary to 
process applications for alien employment certification a reduction in 
processing time for both new application and those applications 
currently in the queue, and would facilitate the development and 
implementation of a new, more efficient system for processing labor 
certification applications for permanent employment in the United 
States.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            04/00/00
Final Action                    06/00/00

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

RIN: 1205-AB25
_______________________________________________________________________


DEPARTMENT OF LABOR (DOL)                              Final Rule Stage


Employment and Training Administration (ETA)



_______________________________________________________________________




1868. 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, Division 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
_______________________________________________________________________




1869. 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

[[Page 23034]]

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, Division 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
_______________________________________________________________________




1870. WELFARE-TO-WORK (WTW) GRANTS

Priority: Other Significant

Legal Authority: 42 USC 601 to 619

CFR Citation: 20 CFR 645

Legal Deadline: Final, Statutory, November 3, 1997, 90 days from 
enactment.
Other, Statutory, January 1, 2000, For 1999 amendments.

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

Statement of Need: Since the passage of the Personal Responsibility and 
Work Opportunity Reconciliation Act, the President and the Congress 
recognized the need for a measure to complement the Temporary 
Assistance for Needy Families (TANF) block grant created as a result of 
the Act. On August 5, 1997, President Clinton signed into law the 
Balanced Budget Act of 1997, which authorized the Department of Labor 
to provide Welfare-to-Work Grants to States and local communities to 
create additional job opportunities for the hardest-to-employ 
recipients of TANF. The basic goal of the program is to move welfare 
recipients into unsubsidized jobs with good career potential for 
economic self-sufficiency. Welfare-to-Work formula and competitive 
grants provide States and local communities with an array of tools to 
help them accomplish this goal in ways that make sense and are most 
effective for their particular population needs. The Employment and 
Training Administration will issue final regulations and other 
guidance, provide technical assistance, and establish performance 
standards which will drive State and local efforts towards the 
program's goal while still allowing maximum local flexibility.

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

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

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

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

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              11/18/97                    62 FR 61587
Interim Final Rule              06/00/00
Final Rule                      06/00/00

[[Page 23035]]

Regulatory Flexibility Analysis Required: No

Government Levels Affected: State, Local, Tribal

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

RIN: 1205-AB15
_______________________________________________________________________




1871. (UC) PROGRAM; CONFIDENTIALITY AND DISCLOSURE OF INFORMATION IN 
STATE UC 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 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 UC 
records.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Final Action                    06/00/00

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 100063 with comment period ending 5/22/92.

Agency Contact: Gerard Hildebrand, Department of Labor, Employment and 
Training Administration, 200 Constitution Avenue NW, C4512, FP 
Building, Washington, DC 20210
Phone: 202 219-5201
Email: [email protected]

RIN: 1205-AB18
_______________________________________________________________________




1872. WORKFORCE INVESTMENT ACT OF 1998

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

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

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

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

Abstract: The Workforce Investment Act of 1998 was signed into law by 
President Clinton on August 7, 1998. Titles I and III, and V of the Act 
fall under the purview of the Employment and Training Administration. 
Title V falls under the purview of ETA as well as the Department of 
Education. The Act makes significant changes in the way this country's 
employment and training programs do business. The Act will ensure that 
Americans have the information and training they need to qualify for 
good jobs and successfully manage their careers. The interim final 
regulations, final regulations, and other guidance will focus on 
providing maximum local flexibility. Guidance and regulations will 
reflect minimal amplification of the law and will provide further 
information or clarification as needed to make the program operational. 
Reporting requirements will assure program integrity and provide timely 
information for tracking performance.

Statement of Need: The purpose of title I of the Workforce Investment 
Act of 1998 is to provide workforce investment activities, through 
statewide and local workforce investment systems, that increase the 
employment, retention, and earnings of participants, and skill 
attainment of participants, and as a result, improve the quality of the 
workforce, reduce welfare dependency, and enhance the productivity and 
competitiveness of the Nation. The Employment and Training 
Administration will issue regulations and other guidance and provide 
technical assistance that will focus State and local efforts towards 
the program's goal while allowing maximum local flexibility. The 
Department of Labor and its partners must move quickly to implement the 
reforms contained in the legislation. Interim final regulations were 
published on April 15, 1999. The law requires that final regulations be 
published no later than December 31, 1999.

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

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

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

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              04/15/99                    64 FR 18662
Interim Final Rule Effective    05/17/99
Interim Final Rule Comment 
Period End                      07/14/99
Final Action                    06/00/00

Regulatory Flexibility Analysis Required: Undetermined

[[Page 23036]]

Government Levels Affected: Federal, State, Local, Tribal

Federalism:  This action may have federalism implications as defined in 
EO 13132.

Agency Contact: Eric Johnson, Director, Office of Career Transition 
Assistance, Department of Labor, Employment and Training 
Administration, Room S5513, 200 Constitution Avenue NW, FP Building, 
Washington, DC 20210
Phone: 202 219-0316
Email: [email protected]

RIN: 1205-AB20
_______________________________________________________________________




1873. BIRTH AND ADOPTION UNEMPLOYMENT COMPENSATION

Priority: Other Significant

Legal Authority: 42 USC 1302(a); 42 USC 503(a)(2) and (5); Secretary's 
Order No. 4-75 (40 FR 18515); Secretary's Order No. 14-75 (November 12, 
1975); 26 USC 3306(h); 26 USC 3304(a)(1) and (4)

CFR Citation: 20 CFR 604

Legal Deadline: None

Abstract: The Department of Labor plans to issue a Final Rule to 
create, by regulation, the opportunity for the State agencies that 
administer the Unemployment Compensation (UC) program to pay, under a 
voluntary experimental program, UC to parents who take time off from 
employment after the birth or placement for adoption of a child. This 
regulation will permit interested States to experiment with methods for 
allowing the use of the UC program for this purpose.

Statement of Need: This effort responds to the President's Executive 
Memorandum issued May 24, 1999, directing the Secretary of Labor to 
allow States the opportunity to develop innovative ways of using UC to 
support parents taking leave to be with their newborns or newly-adopted 
children and to evaluate the effectiveness of using the UC system for 
these or related purposes. That Memorandum cited a Family and Medical 
Leave Commission study indicating that lost pay was the most 
significant barrier to parents taking advantage of unpaid leave after 
the birth or adoption of a child. The Department of Labor wants to test 
whether providing parents with BAA-VC at a point during the first year 
of a newborn's life, or after placement of a child for adoption, will 
help employees maintain or even promote their connection to the 
workforce by allowing them time to bond with their children and to 
develop stable child care systms while adjusting to the accompanying 
changes in lifestyle before returning to work.

Summary of Legal Basis: This rulemaking action is undertaken under the 
authority of sections 1102(a) and 303(a)(2) and (5) of the Social 
Security Act, sections 3304(a)(1) and (4) and 3306(h) of the Federal 
Unemployment Tax Act, and the Secretary's Orders No. 4-75 and 14-75.

Alternatives: The Department of Labor considered different regulatory 
alternatives and intends to pursue, in the proposed rule, an approach 
that gives States as much flexibility as possible within the defined 
parameters of the experimental program.

Anticipated Cost and Benefits: The Department estimates that the 
possible annual aggregate cost for BAA-VC could range from zero to 
approximately $68 million. The regulation is permissive, and the 
Department of Labor does not know how many states will choose to enact 
experimental BAA-VC programs. The estimate of the annual aggregate BAA-
VC cost of $68 million is based on the expressed interest of a small 
number of states. The benefit of this regulatory action will be to help 
eliminate a significant barrier that parents face in taking leave, thus 
having a positive effect on family well-being.

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

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            12/03/99                    64 FR 67971
NPRM Comment Period End         02/12/00
Final Action                    05/00/00

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: State

Agency Contact: Gerard Hildebrand, Chief Division of Legislation, 
Department of Labor, Employment and Training Administration, C-4512, FP 
Bldg, 200 Constitution Avenue NW, Washington, DC 20210
Phone: 202 219-5201
Fax: 202 219-8506

RIN: 1205-AB21
_______________________________________________________________________




1874. 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              04/00/00

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

[[Page 23037]]

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

RIN: 1205-AB23
_______________________________________________________________________




1875.  ATTESTATIONS BY FACILITIES TEMPORARILY EMPLOYING H-1C 
NONIMMIGRANT ALIENS AS REGISTERED NURSES

Priority: Other Significant

Legal Authority: 8 USC 1101(a)(15)(H)(i)(c); 8 USC 1182(m); 8 USC 1184; 
29 USC 49 et seq; PL 106-95, 113 Stat. 1312

CFR Citation: 20 CFR 655, subparts L and M

Legal Deadline: Final, Statutory, February 11, 2000.
Final or Interim Final regulations required within 90 days of 
enactment.

Abstract: The Nursing Relief for Disadvantaged Areas Act of 1999 (P.L. 
106-95; November 12, 1999) amended the Immigration and Nationality Act 
to create a new temporary visa program for nonimmigrant aliens to work 
as registered nurses for up to three years in facilities serving health 
professional shortage areas, subject to certain conditions.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              04/00/00

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: State, Local, Federal

Agency Contact: Michael Ginley, Director, Office of Enforcement Policy, 
Wage and Hour Division, Department of Labor, Employment Standards 
Administration, Room N3510, 200 Constitution Avenue NW, FP Building, 
Washington, DC 20210
Phone: 202 693-0071

RIN: 1205-AB27
_______________________________________________________________________


DEPARTMENT OF LABOR (DOL)                             Long-Term Actions


Employment and Training Administration (ETA)



_______________________________________________________________________




1876. 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

Federalism:  Undetermined

Agency Contact: Tim Sullivan, Director, Division of 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
_______________________________________________________________________




1877. LABOR CERTIFICATION PROCESS FOR THE PERMANENT EMPLOYMENT OF ALIENS 
IN THE UNITED STATES

Priority: Other Significant

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

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

CFR Citation: 20 CFR 656

Legal Deadline: None

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

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                             To Be                       Determined

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

RIN: 1205-AA66
_______________________________________________________________________




1878. 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

[[Page 23038]]

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

RIN: 1205-AB14
_______________________________________________________________________




1879. 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.

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)                           Proposed Rule Stage


Pension and Welfare Benefits Administration (PWBA)



_______________________________________________________________________




1880. 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 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
Second NPRM                     06/00/00

Regulatory Flexibility Analysis Required: Yes

Small Entities Affected: Governmental Jurisdictions

Government Levels Affected: Undetermined

Federalism:  This action may have federalism implications as defined in 
EO 13132.

Agency Contact: Elizabeth A. Goodman, Pension Law Specialist, Office of 
Regulations and Interpretations, 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

[[Page 23039]]

_______________________________________________________________________




1881. 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                            09/00/00

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
_______________________________________________________________________




1882. 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 adopting a Voluntary Fiduciary 
Correction Program (VFC Program). Under this VFC Program, plan 
officials will 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 described in the Program.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Enforcement Policy              03/15/00                    65 FR 14164
Comment Period End              05/15/00
Final Action                    11/00/00

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Agency Contact: Elizabeth A. Goodman, Pension Law Specialist, Office of 
Regulations and Interpretations, 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
_______________________________________________________________________




1883.  REGULATION EXEMPTING CERTAIN BROKER-DEALER AND INVESTMENT 
ADVISERS FROM BONDING REQUIREMENTS

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

Unfunded Mandates: Undetermined

Legal Authority: 29 USC 1135; 29 USC 1112

CFR Citation: 29 CFR 2580

Legal Deadline: None

Abstract: This proposed regulation would provide an exemption from the 
bonding requirements of Section 412(a) of ERISA for certain broker 
dealers and investment advisers who handle plan assets.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            10/00/00

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: None

Agency Contact: George M. Holmes, Pension Law Specialist, Department of 
Labor, Pension and Welfare Benefits Administration, Room N5669, 200 
Constitution Avenue NW, FP Building, Washington, DC 20210
Phone: 202 523-8521

RIN: 1210-AA80

[[Page 23040]]

_______________________________________________________________________


DEPARTMENT OF LABOR (DOL)                              Final Rule Stage


Pension and Welfare Benefits Administration (PWBA)



_______________________________________________________________________




1884. REVISION OF THE FORM 5500 SERIES AND IMPLEMENTING AND RELATED 
REGULATIONS UNDER THE EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974 
(ERISA)

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

CFR Citation: 29 CFR 2520

Legal Deadline: None

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

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

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

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

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

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

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Proposed Forms Revisions        09/03/97                    62 FR 46556
Proposed Forms Comment Period 
End                             11/03/97
NPRM Implementing Related 
Regulations                     12/10/98                    63 FR 68370
NPRM Comment Period End         02/08/99
Final Action Forms              02/02/00                     65 FR 5026
Final Action Implementing 
Related Regulations             04/00/00

Regulatory Flexibility Analysis Required: Yes

Small Entities Affected: Businesses, Organizations

Government Levels Affected: None

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

Agency Contact: Eric A. Raps, 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-AA52
_______________________________________________________________________




1885. REGULATIONS IMPLEMENTING THE HEALTH CARE ACCESS, PORTABILITY AND 
RENEWABILITY PROVISIONS OF THE HEALTH INSURANCE PORTABILITY AND 
ACCOUNTABILITY ACT OF 1996

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

Unfunded Mandates: Undetermined

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

CFR Citation: 29 CFR 2590

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

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

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

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

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

[[Page 23041]]

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

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

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              04/08/97                    62 FR 16894
Interim Final Rule Effective    06/07/97
Interim Final Rule Comment 
Period End                      07/07/97
Request for Information         10/25/99                    64 FR 57520
Comment Period End              01/25/00
Final Rule                      09/00/00

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

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

RIN: 1210-AA54
_______________________________________________________________________




1886. AMENDMENT OF SUMMARY PLAN DESCRIPTION AND RELATED ERISA 
REGULATIONS TO IMPLEMENT STATUTORY CHANGES IN THE HEALTH INSURANCE 
PORTABILITY AND ACCOUNTABILITY ACT OF 1996

Priority: Other Significant

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

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

Legal Deadline: NPRM, Statutory, April 1, 1997, Per sections 707 and 
734 of ERISA as added by section 101 of HIPAA.

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

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

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

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

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

Risks: The SPD is a critical plan document for participants and 
beneficiaries. Without access to accurate and timely information 
participants and beneficiaries will not be able to protect their rights 
under ERISA. Improved disclosure requirements also should serve to 
facilitate compliance by plan administrators, thereby reducing 
litigation and penalty risks to plan administrators. The failure to 
issue revised disclosure regulations also may result in a failure to 
achieve HIPAA's objective of improving the disclosure of plan 
information.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

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

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

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

RIN: 1210-AA55
_______________________________________________________________________




1887. AMENDMENTS TO EMPLOYEE BENEFIT PLAN CLAIMS PROCEDURES REGULATION

Priority: Other Significant. Major under 5 USC 801.

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

Legal Authority: 29 USC 1133; 29 USC 1135

CFR Citation: 29 CFR 2560.503-1

Legal Deadline: None

Abstract: The Department has proposed to amend the regulation governing 
the establishment and maintenance of benefit claims procedures by 
employee benefit plans covered by title I of the Employee Retirement 
Income Security Act (ERISA). The amendment would establish new 
standards for the processing of group health and other

[[Page 23042]]

employee benefit plan claims filed by participants and beneficiaries. 
In the case of group health plans, as well as certain plans providing 
disability benefits, the new standards are intended to ensure more 
timely benefit determinations, improved access to information on which 
a benefit determination is based, and greater assurance that 
participants and beneficiaries will be afforded a full and fair review 
of denied claims.

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

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

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

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

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

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Request for Information--
Amendment of Regulations on Plan 
Claims Procedures               09/08/97                    62 FR 47262
Comment Period End              11/07/97
NPRM                            09/09/98                    63 FR 48390
NPRM Comment Period End         11/09/98
Notice of Public Hearing Held on 
Feb. 17,18 & 19, 1999           01/04/99                       64 FR 65
Final Action                    11/00/00

Regulatory Flexibility Analysis Required: Yes

Small Entities Affected: Businesses

Government Levels Affected: None

Federalism:  This action may have federalism implications as defined in 
EO 13132.

Agency Contact: Susan H. Halliday, 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-AA61
_______________________________________________________________________




1888. 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: No

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

RIN: 1210-AA62
_______________________________________________________________________




1889. HEALTH CARE STANDARDS FOR MOTHERS AND NEWBORNS

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

Unfunded Mandates: Undetermined

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

CFR Citation: 29 CFR 2590.711

Legal Deadline: None

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

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

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

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

Anticipated Cost and Benefits: Preliminary estimates of the anticipated 
costs and benefits of the regulatory actions found to be necessary to

[[Page 23043]]

implement the new provision will be developed once decisions are 
reached on which specific actions are necessary.

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

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              10/27/98                    63 FR 57546
Final Action                    12/00/00

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Additional Information: LEGAL AUTHORITY CONT: Secs. 107, 209, 505, 701-
703, 711, 712 731-734 of ERISA (29 U.S.C. 1027, 1059, 1135, 1171-1173, 
1181 1182, 1191-1194), 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: 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-AA63
_______________________________________________________________________




1890. 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 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 implement recent changes made to ERISA by the Health 
Insurance Portability and Accountability Act of 1996 (HIPAA). The rules 
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 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              02/11/00                     65 FR 7152
Final Action                    03/00/01

Regulatory Flexibility Analysis Required: No

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
_______________________________________________________________________




1891. 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, sec 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                    08/00/00

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: None

Agency Contact: Lisa M. Fields, 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
_______________________________________________________________________




1892. 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                    08/00/00

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: None

Agency Contact: Lisa M. Fields, Pension Law Specialist, Department of 
Labor, Pension and Welfare Benefits Administration, Room N5669, 200 
Constitution Avenue NW., FP Building, Washington, DC 20210

[[Page 23044]]

Phone: 202 219-8671

RIN: 1210-AA67
_______________________________________________________________________




1893. CIVIL PENALTY FOR FAILURE TO FURNISH CERTAIN PLAN DOCUMENTS

Priority: Substantive, Nonsignificant

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

CFR Citation: 29 CFR 2560; 29 CFR 2570

Legal Deadline: None

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

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

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

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: None

Agency Contact: Lisa M. Fields, 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
_______________________________________________________________________




1894. AMENDMENTS TO SUMMARY PLAN DESCRIPTION REGULATIONS

Priority: Other Significant. Major under 5 USC 801.

Unfunded Mandates: Undetermined

Legal Authority: 29 USC 1024; 29 USC 1135

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

Legal Deadline: None

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

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

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

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

Anticipated Cost and Benefits: The Department estimates that the 
aggregate additional costs associated with the regulation would average 
approximately $125 million per year for the years 2000, 2001, and 2002. 
However, the Department believes that the regulation would assure that 
participants have better access to more complete information on their 
benefit plans. Better information will lead both participants and plan 
sponsors to make more economically efficient decisions regarding 
benefit plans. This enhanced value and efficiency from better 
information constitute the benefits of the regulation.

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

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

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

Regulatory Flexibility Analysis Required: Yes

Small Entities Affected: 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-AA69
_______________________________________________________________________




1895. ELECTRONIC DISCLOSURE OF EMPLOYEE BENEFIT PLAN INFORMATION

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

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

CFR Citation: 29 CFR 2520.104b

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

Abstract: This rulemaking will improve the ability of sponsors and 
administrators of all employee benefit plans covered by title I of 
ERISA to make certain disclosures of plan information to participants 
and beneficiaries through electronic means. The rule will provide 
guidance with

[[Page 23045]]

respect to the conditions under which electronic disclosures will be 
deemed to satisfy the disclosure requirements under title I of ERISA. 
The rule also will establish recordkeeping standards for maintaining or 
storing data in electronic form.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            01/28/99                     64 FR 4506
NPRM Comment Period End         03/29/99
Final Action                    07/00/00

Regulatory Flexibility Analysis Required: Yes

Small Entities Affected: Businesses, Organizations

Government Levels Affected: None

Agency Contact: Eric A. Raps, 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
_______________________________________________________________________




1896. NATIONAL MEDICAL SUPPORT NOTICE

Priority: Other Significant

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

CFR Citation: 29 CFR 2565

Legal Deadline: Other, Statutory, May 16, 1999, Interim Final Rule.
Final, Statutory, November 15, 2000.

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

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

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

Alternatives: Regulatory alternatives will have been considered based 
on the scope and nature of the regulatory guidance which will be 
necessary to implement section 401 of CSPIA and section 609 of ERISA. 
Section 401 of CSPIA mandates the promulgation of a National Medical 
Support Notice.

Anticipated Cost and Benefits: Preliminary estimates of the anticipated 
costs and benefits of the regulatory actions found necessary to 
implement the new provisions have been developed based on the published 
proposal.

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

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            11/15/99                    64 FR 62054
Comment Period End              02/14/00
Final Action                    09/00/00

Regulatory Flexibility Analysis Required: Yes

Small Entities Affected: Businesses

Government Levels Affected: Undetermined

Federalism:  This action may have federalism implications as defined in 
EO 13132.

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-AA72
_______________________________________________________________________




1897. 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                            12/01/99                    64 FR 67436
Final Action                    09/00/00

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
_______________________________________________________________________




1898. 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.

[[Page 23046]]

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interpretive Bulletin           07/00/00

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
_______________________________________________________________________




1899. RULEMAKING 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              08/00/00

Regulatory Flexibility Analysis Required: No

Government Levels Affected: Undetermined

Agency Contact: Mila Kofman, 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-AA75
_______________________________________________________________________




1900. 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
Final Action                    06/00/00

Regulatory Flexibility Analysis Required: No

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
_______________________________________________________________________




1901.  AMENDMENTS REGARDING ALLOCATION OF FIDUCIARY 
RESPONSIBILITY; FEDERAL RETIREMENT THRIFT INVESTMENT BOARD

Priority: Substantive, Nonsignificant

Legal Authority: 5 USC 8477(e)(1)(E); Secretary of Labor's Order No.1-
87

CFR Citation: 29 CFR 2584.8477(e)-2

Legal Deadline: None

Abstract: This rulemaking will amend the Department's current 
regulation regarding the allocation of fiduciary responsibility by the 
Executive Director of the Federal Retirement Thrift Investment Board to 
provide for the allocation to investment managers of fiduciary 
responsibility for two new investment funds, the Small Capitalization 
Index Stock Investment Fund and the International Stock Index 
Investment Fund. These amendments will also update the definition of 
investment manager and make other miscellaneous changes to 29 Part 
2584.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Final Action                    05/00/00

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Rudy Nuissl, Senior Pension Law Specialist, Department 
of Labor, Pension and Welfare Benefits Administration, N-5669, 200

[[Page 23047]]

Constitution Avenue NW, FP Building, Washington, DC 20210
Phone: 202 291-7461

RIN: 1210-AA79
_______________________________________________________________________


DEPARTMENT OF LABOR (DOL)                             Long-Term Actions


Pension and Welfare Benefits Administration (PWBA)



_______________________________________________________________________




1902. 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
_______________________________________________________________________




1903. 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 NW, FP Building, 
Washington, DC 20210
Phone: 202 219-8610

RIN: 1210-AA37
_______________________________________________________________________




1904. 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: 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-AA65

[[Page 23048]]

_______________________________________________________________________


DEPARTMENT OF LABOR (DOL)                             Completed Actions


Pension and Welfare Benefits Administration (PWBA)



_______________________________________________________________________




1905. 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.
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.

Abstract: Section 1460 of the Small Business Job Protection Act of 1991 
(Public Law 104-188) amended ERISA section 401 to limit the liability 
of insurers and others under part 4 of title I of ERISA and section 
4975 of the Internal Revenue Code with regard to certain policies or 
contracts issued to or for the benefit of employee benefit plans which 
are supported by assets in the insurers' general accounts. Subsection 
401(c) specifies the timetable by which the Secretary must issue 
regulatory guidance concerning this provision.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Request for Information         11/25/96                    61 FR 59845
NPRM                            12/22/97                    62 FR 66908
NPRM Comment Period End         03/23/98
Final Action                    01/05/00                      65 FR 614

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
_______________________________________________________________________


DEPARTMENT OF LABOR (DOL)                                 Prerule Stage


Mine Safety and Health Administration (MSHA)



_______________________________________________________________________




1906. 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                           07/00/00

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-AB08
_______________________________________________________________________




1907. MINE RESCUE TEAMS

Priority: Substantive, Nonsignificant

Unfunded Mandates: Undetermined

Legal Authority: 30 USC 811

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                           05/00/00

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 23049]]

_______________________________________________________________________


DEPARTMENT OF LABOR (DOL)                           Proposed Rule Stage


Mine Safety and Health Administration (MSHA)



_______________________________________________________________________




1908. 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; 30 USC 813

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
_______________________________________________________________________




1909. BELT ENTRY USE AS INTAKE AIRCOURSE TO VENTILATE WORKING SECTIONS

Priority: Other Significant

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

Legal Authority: 30 USC 811

CFR Citation: 30 CFR 75

Legal Deadline: None

Abstract: 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 
MSHA for a modification of the current regulations if they want to use 
belt haulage entries for ventilation purposes.
The proposed rule would permit the use of this type ventilation in 
certain circumstances and eliminate the need for the mine operator to 
apply for a modifcation.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            09/00/00

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
_______________________________________________________________________




1910. 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                            01/00/01

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
_______________________________________________________________________




1911. 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                            07/00/00

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

[[Page 23050]]

Email: [email protected]

RIN: 1219-AA93
_______________________________________________________________________




1912. 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         06/00/00

Regulatory Flexibility Analysis Required: Yes

Small Entities Affected: Businesses

Government Levels Affected: None

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

RIN: 1219-AA98
_______________________________________________________________________




1913. 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. We are also aware of many 
conditions that result in worker overexposure to silica. This 
overexposure will result in the development of silicosis in some 
workers. Therefore, we are currently evaluating recommendations of the 
Secretary of Labor's Advisory Committee on the Elimination of 
Pneumoconiosis Among Coal Mine Workers to determine which one, or 
combination of recommendations, will most effectivly reduce worker 
overexposure to silica. We are considering rulemaking to implement 
relevant recommendations.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            02/00/01

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
_______________________________________________________________________




1914. UNDERGROUND COAL MINE OPERATORS PLAN VERIFICATION AND MSHA 
COMPLIANCE SAMPLING FOR RESPIRABLE DUST

Priority: Other Significant

Legal Authority: 30 USC 811; 30 USC 812

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

Legal Deadline: None

Abstract: Our current regulations require that all underground coal 
mine operators develop and follow a mine ventilation plan that we 
approve. However, we do not have a requirement that provides for in-
mine verification of each plan's effectiveness under typical mining 
conditions. Consequently, plans may be implemented by mine operators 
that could be inadequate to control respirable dust. The proposed rule 
would require mine operators to verify a plan's adequacy in controlling 
respirable dust. For longwall mine operators we are proposing to permit 
the use of either approved loose-fitting powered, air purifying 
respirators (PAPRS) or verifiable administrative controls as a 
supplemental means of compliance if we have determined that further 
reduction in respirable dust levels cannot be achieved using all 
feasible engineering or environmental controls appropriate for 
operational condition involved. Furthermore, this proposal would revoke 
underground operator compliance and abatement sampling. Consequently, 
in underground coal mines, we intend to increase the number of 
compliance inspections per year, and we will conduct abatement sampling 
for non-compliance. The proposed rule also will discuss our long term 
objective to use continuous monitoring for sampling.

Statement of Need: Respirable coal mine dust levels in this country are 
significantly lower than they were two decades ago. Despite this 
progress, there continues to be concern about the respirable coal mine 
dust sampling program and its effectiveness in maintaining of exposure 
levels in mines at or below the applicable standard. Our regulations 
require that all underground coal mine operators develop and follow a 
mine ventilation plan approved by us. The dust control portion of the 
mine ventilation plan is the key element of an operator's strategy to 
control respirable dust in the work environment. Although such plans 
are required to be designed to control respirable dust, there is no 
current requirement that provides for verification of each proposed 
plan's effectiveness under typical mining conditions. Consequently, 
plans may be

[[Page 23051]]

implemented that may later be shown as inadequate to control respirable 
dust.

Therefore, we are considering regulatory action which would require 
mine operators to verify the adequacy of the dust control provisions in 
new or revised plans by demonstrating that the plan will be effective 
under typical mining conditions.

Alternatives: In developing the proposed rule, we will consider 
alternatives related to typical production levels and the use of 
appropriate dust control strategies, use of supplemental controls for 
mining entities other than longwalls, and the level of protection of 
loose-fitting (PAPRS) in underground coal mines.

Anticipated Cost and Benefits: Benefits sought are reduced dust levels 
over a miner's working lifetime by the elimination of over-exposures to 
respirable coal dust on each and every production shift, the key to 
eliminating lung disease as a risk to coal miners. Enhanced protection 
of miners from disease will reduce the number of cases of 
pneumoconiosis and their associated costs, reduce the cost of future 
black lung benefits, and lead to lower operator insurance premiums. 
Underground mine operators would have a reduction in cost due to MSHA 
completely taking over compliance and abatement sampling for respirable 
dust once this rule is promulgated. We will develop estimates and make 
them available for public review.

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

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            04/00/00

Regulatory Flexibility Analysis Required: Yes

Small Entities Affected: Businesses

Government Levels Affected: None

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

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

RIN: 1219-AB14
_______________________________________________________________________




1915. DETERMINATION OF CONCENTRATION OF RESPIRABLE COAL MINE DUST

Priority: Other Significant

Legal Authority: 30 USC 811

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

Legal Deadline: None

Abstract: The National Institute for Occupational Safety and Health and 
the Mine Safety and Health Administration jointly determined that a 
single, full-shift measurement ``single, full-shift sample'' will 
accurately represent the atmospheric condition to which a miner is 
exposed. The proposed rule will address the U.S. Court of Appeals' 
final decision and order in National Mining Association v. Secretary of 
Labor, 1535 F2d 1267 (11th Cir. 1998).

Statement of Need: Respirable coal mine dust levels in this country are 
significantly lower than they were over two decades ago. Despite this 
progress, there continues to be concern about our current sampling 
programs'ability to accurately measure and maintain respirable coal 
mine dusts exposure at or below the applicable standard on each shift. 
For as long as miners have taken coal from the ground, many have 
suffered respiratory problems due to their occupational exposures to 
respirable coal mine dust. These respiratory problems affect the 
current workforce and range from mild impairment of respiratory 
function to more severe diseases, such as silicosis and pulmonary 
massive fibrosis. For some miners, the impairment of their respiratory 
systems is so severe, they die prematurely. Since there is a clear 
relationship between a miner's cumulative exposure to respirable coal 
mine dust and the severity of the resulting respiratory conditions it 
is imperative that each miner's exposure not exceed the applicable 
standard on each and every shift.

Alternatives: The requirements of this rule (``single, full-shift 
sample rule'') will work in tandem with those of the proposed rule (RIN 
1219-AB14) requiring operators to verify the effectiveness of their 
ventilation plans as well as our assumption for all compliance sampling 
underground coal mines. We believe that modification of operator 
compliance sampling and their verification of ventilation plans will 
off-set costs for this rule.

Anticipated Cost and Benefits: Benefits sought are reduced dust levels 
over a miner's working lifetime by the elimination of over-exposures to 
respirable coal dust on each and every production shift, a key to 
reducing occupationally induced lung disease among coal miners. 
Enhanced protection of miners from disease will reduce the costs to 
society, mining families, and operators. For example, there will be a 
decrease in future black lung benefits, leading to lower operator 
insurance premiums. As we proceed, we will develop cost estimates and 
make them available for public review.

Risks: Respirable coal mine dust is one of the most serious 
occupational hazards in the mining industry. Occupational exposure to 
excessive levels of respirable coal mine dust can cause coal workers' 
pneumoconiosis and silicosis, which are potentially disabling and can 
cause death. Even after eliminating or substantially reducing 
individual shift overexposures, reductions in lung disease prevalence 
are not expected to materialize immediately. We are pursuing both 
regulatory and nonregulatory actions to eliminate these diseases 
through the control of coal mine respirable dust levels in mines and 
reduction of miners' exposure.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            04/00/00

Regulatory Flexibility Analysis Required: Yes

Small Entities Affected: Businesses

Government Levels Affected: None

Additional Information: This rulemaking is related to RIN 1219-AB14 
(Underground Coal Mine Operator's Plan Verification and MSHA Compliance 
Sampling for Respirable Dust).

[[Page 23052]]

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-AB18
_______________________________________________________________________




1916. SAFETY STANDARDS FOR SELF-CONTAINED SELF-RESCUE DEVICES IN COAL 
AND METAL/NONMETAL UNDERGROUND MINES

Priority: Substantive, Nonsignificant

Legal Authority: 30 USC 811; 30 USC 825

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 or were not donned properly, 
rendering them ineffective. We are considering a rule to limit the 
service life of the devices, address the appropriate inspection of 
SCSRs and the adequacy of training. In addition, we are proposing to 
apply SCSR regulations to metal and nonmetal mines.

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
_______________________________________________________________________


DEPARTMENT OF LABOR (DOL)                              Final Rule Stage


Mine Safety and Health Administration (MSHA)



_______________________________________________________________________




1917. HAZARD COMMUNICATION

Priority: Other Significant

Legal Authority: 30 USC 811

CFR Citation: 30 CFR 47

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 would provide miners with the means to receive necessary 
information on the hazards of chemicals to which they are exposed and 
the actions necessary to protect them from such hazards. It would 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                    07/00/00

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
_______________________________________________________________________




1918. DIESEL PARTICULATE MATTER (EXPOSURE OF UNDERGROUND COAL MINERS)

Priority: Other Significant

Legal Authority: 30 USC 811; 30 USC 813

CFR Citation: 30 CFR 72; 30 CFR 75

Legal Deadline: None

Abstract: Epidemiological studies indicate that diesel exhaust presents 
potential health risks to workers ranging from headaches and nausea to 
respiratory disease and cancer. The National Institute for Occupational 
Safety and Health considers whole diesel exhaust to be a potential 
occupational carcinogen. The International Agency for Research on 
Cancer found that diesel engine exhaust is probably carcinogenic to 
humans.
The rule as proposed for underground coal mines requires the use of 
filtration to remove diesel particulate matter and requires the use of 
engineering and work practice controls to reduce diesel particulate 
matter.

Statement of Need: The use of diesel-powered equipment in underground 
mines has increased significantly and rapidly during the past decade. 
We estimate that approximately 13,000 miners are occupationally exposed 
to diesel exhaust emissions in underground coal mines.

Several epidemiological studies have shown a positive carcinogenic risk 
associated with exposure to diesel exhaust. Other reported health 
effects associated with exposure to diesel exhaust include dizziness, 
drowsiness, headaches, nausea, decreased visual acuity, and decreased 
forced expiratory volume. In addition, studies by MSHA and the former 
Bureau of Mines show that miners working in underground mining 
operations that use diesel equipment are probably the most heavily 
exposed workers of any occupational group. Based on the levels of 
diesel particulate measured in underground mining operations and the 
evidence of adverse health effects associated with exposure to diesel

[[Page 23053]]

exhaust, we are concerned about the potential health risk to miners.

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

We considered establishing a PEL for diesel particulate in coal mines, 
but found that technology for measuring it in the presence of coal mine 
dust is not currently feasible. Therefore, the use of filtration to 
remove diesel particulate matter is required by the proposed rule.

Anticipated Cost and Benefits: We estimate that the per year compliance 
costs are just over $10 million, of which underground coal mine 
operators would incur about $10 million and manufacturers of diesel 
engines and equipment would incur about $14,000.

The proposed rule would reduce a significant health risk to underground 
miners, reducing the potential for acute sensory irritations and 
respiratory symptoms, lung cancer, and premature death, along with the 
attendant suffering and costs to the miners, their families, and 
society. In addition to savings related to acute health effects, we 
estimate that some lung cancers would also be avoided.

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

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           01/06/92                      57 FR 500
ANPRM Comment Period End        07/10/92                     57 FR 7906
NPRM                            04/09/98                    63 FR 17492
Notice Significant Environment 
Impact                          07/14/98                    63 FR 37796
Extension of Comment Period; 
Notice of Hearings; Close of 
Record                          08/05/98                    63 FR 41755
Notice of Hearings; Close of 
Record                          10/19/98                    63 FR 55811
Extension of Comment Period; 
Availability of Studies; Close 
of Record                       02/12/99                     64 FR 7144
Extension of Comment Period; 
Close of Record                 04/27/99                     64 FR 2259
Corrections                     07/08/99                    64 FR 36826
Final Action                    09/00/00

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-AA74
_______________________________________________________________________




1919. 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 modification from the existing regulations if they want to use 
this high-voltage equipment.
The rule as proposed would eliminate the need for a modification to use 
this equipment and would 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
Extension of Comment Period to 
11/13/1992                      08/27/92                    57 FR 48350
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                   12/28/99                    64 FR 72620
Comment Period End              02/28/00
Final Rule                      07/00/00

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
_______________________________________________________________________




1920. 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

[[Page 23054]]

Abstract: Our current regulations allow us to set approval requirements 
and test products used in mines. The rule as proposed would 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 Extended to 
2/21/1995                       02/13/95                     60 FR 8209
Public Hearing Notice           10/10/95                    60 FR 52640
Notice to Reschedule Public 
Hearing to 4/30/1996            02/09/96                    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
_______________________________________________________________________




1921. 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 
would set new procedures and requirements for testing and approval of 
these belts to provide additional protective measures relating to fire 
ignition and propagation.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            12/24/92                    57 FR 61524
Extension of Comment Period to 
3/36/93                         02/11/93                     58 FR 8028
Reopen Record and Notice of 
Public Hearing                  03/31/95                    60 FR 16589
Record Closed                   06/05/95                    60 FR 16558
Reopen Record                   10/31/95                    60 FR 55353
Extension of Comment Period to 
2/5/1996                        12/20/95                    60 FR 65509
Reopen Record                   12/28/99                    64 FR 72617
Final Action                    07/00/00

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
_______________________________________________________________________




1922. DIESEL PARTICULATE MATTER (EXPOSURE OF UNDERGROUND METAL AND 
NONMETAL MINERS)

Priority: Other Significant

Legal Authority: 30 USC 811; 30 USC 813

CFR Citation: 30 CFR 57

Legal Deadline: None

Abstract: Epidemiological studies indicate that diesel exhaust presents 
potential health risks to workers ranging from headaches and nausea to 
respiratory disease and cancer. The National Institute for Occupational 
Safety and Health considers whole diesel exhaust to be a potential 
occupational carcinogen. The International Agency for Research on 
Cancer found that diesel engine exhaust is probably carcinogenic to 
humans.
The rule as proposed for underground metal and nonmetal mines would 
establish a concentration limit for diesel particulate matter and 
require the use of engineering and work practice controls to reduce 
diesel particulate matter.

Statement of Need: The use of diesel-powered equipment in underground 
mines has increased significantly and rapidly during the past decade. 
We estimate that about 7,500 miners working in production or 
development areas are occupationally exposed to diesel exhaust 
emissions in underground metal and nonmetal mines.

Several epidemiological studies have shown a positive carcinogenic risk 
associated with exposure to diesel exhaust. Other reported health 
effects associated with exposure to diesel exhaust include dizziness, 
drowsiness, headaches, nausea, decreased visual activity, and decreased 
forced expiratory volume. In addition, studies by MSHA and the former 
Bureau of Mines show that miners working in underground mining 
operations that use diesel equipment are probably the most heavily 
exposed workers of any occupational group. Based on the levels of 
diesel particulate measured in underground mining operations and the 
evidence of adverse health effects associated with exposure to diesel 
exhaust, MSHA is concerned about the potential health risk to miners.

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

Anticipated Cost and Benefits: We estimate that the compliance costs 
for underground metal and nonmetal operators would be approximately $19 
million. The compliance costs to manufacturers are assumed to be passed 
through to underground metal and nonmetal operators and therefore, they 
would not incur any direct costs as a result of the rule.

The proposed rule would reduce a significant health risk to underground 
miners, reducing the potential for acute sensory irritations and 
respiratory symptoms, lung cancer, and premature death, along with the 
attendant suffering and costs to the miners, their families, and 
society. In addition to savings related to acute health effects, we 
estimate that some lung cancer would also be avoided.

[[Page 23055]]

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

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           01/06/92                      57 FR 500
ANPRM Comment Period End        07/10/92                     57 FR 7906
NPRM                            10/29/98                    63 FR 58104
Extension of Comment Period; 
Availability of Studies; Close 
of Record                       02/12/99                     64 FR 7144
Notice of Hearings; Close of 
Record                          03/24/99                    64 FR 14200
Corrections                     07/08/99                    64 FR 36826
Final Action                    09/00/00

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-AB11
_______________________________________________________________________


DEPARTMENT OF LABOR (DOL)                             Long-Term Actions


Mine Safety and Health Administration (MSHA)



_______________________________________________________________________




1923. CONFINED SPACES

Priority: Substantive, Nonsignificant

Legal Authority: 30 USC 811; 30 USC 813

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
_______________________________________________________________________




1924. 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 petition us for a modification of 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 modification of 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
_______________________________________________________________________




1925. 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

[[Page 23056]]

Phone: 703 235-1910
Fax: 703 235-5551
Email: [email protected]

RIN: 1219-AB01
_______________________________________________________________________




1926. TRAINING AND RETRAINING OF MINERS (RULEMAKING RESULTING FROM A 
SECTION 610 REVIEW)

Priority: Other Significant

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                             To Be                       Determined

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
_______________________________________________________________________


DEPARTMENT OF LABOR (DOL)                             Completed Actions


Mine Safety and Health Administration (MSHA)



_______________________________________________________________________




1927. 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. Nonregulatory actions have significantly 
reduced these hazards; therefore, regulatory action will not be taken.

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
Withdrawn                       02/25/00

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-AA94
_______________________________________________________________________


DEPARTMENT OF LABOR (DOL)                           Proposed Rule Stage


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



_______________________________________________________________________




1928. NONDISCRIMINATION ON THE BASIS OF DISABILITY IN PROGRAMS AND 
ACTIVITIES RECEIVING OR BENEFITING FROM FEDERAL FINANCIAL ASSISTANCE

Priority: Substantive, Nonsignificant

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

CFR Citation: 29 CFR 32

Legal Deadline: None

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

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            04/00/00

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
TDD Phone: 800 326-2577
Fax: 202 219-5658

[[Page 23057]]

Email: [email protected]

RIN: 1291-AA28
_______________________________________________________________________


DEPARTMENT OF LABOR (DOL)                              Final Rule Stage


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



_______________________________________________________________________




1929. 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              11/12/99                    64 FR 61692
Interim Final Rule Comment 
Period End                      12/13/99
Final Rule                      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
TDD Phone: 800 326-2577
Fax: 202 219-5658
Email: [email protected]

RIN: 1291-AA29
_______________________________________________________________________




1930.  GRANTS AND AGREEMENTS

Priority: Other Significant

Legal Authority: PL 105-277

CFR Citation: 29 CFR 95

Legal Deadline: None

Abstract: The Department is joining with other Federal agenciies in 
establishing revised regulations for Grants. Congress included a two-
sentence provision in OMB's appropriation for fiscal year 1999, 
contained in Public Law 105-277, directing OMB to Section 95.36 of 
Circular A-110 ``to require Federal awarding agencies to ensure that 
all data produced under an award will be made available to public 
through the procedures established under the Freedom of Information 
Act.'' Circular A-110 applies to grants and cooperative agreements to 
institutions of higher education, hospitals, and non-profit 
institutions, from all Federal agencies. OMB finalized the revision on 
September 30, 1999(64 FR 54926). This interim final rule amends the 
agencies, codification of Circular A-110 so they reflect OMB's recent 
action.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              03/16/00                    65 FR 14405
Interim Final Rule Effective    04/17/00
Interim Final Rule Comment 
Period End                      05/15/00

Regulatory Flexibility Analysis Required: No

Small Entities Affected: Businesses

Government Levels Affected: None

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-AA30
_______________________________________________________________________


DEPARTMENT OF LABOR (DOL)                             Long-Term Actions


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



_______________________________________________________________________




1931. 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

Procurement: This is a procurement-related action for which there is no 
statutory requirement. The agency has not yet determined whether there 
is a paperwork burden associated with this action.
Additional Information: Revision of the Department of Labor Acquisition 
Regulation is awaiting the final

[[Page 23058]]

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
_______________________________________________________________________




1932. 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                    04/00/01

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
TDD Phone: 800 326-2577
Fax: 202 219-5658
Email: [email protected]

RIN: 1291-AA21
_______________________________________________________________________




1933. 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
_______________________________________________________________________




1934. 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

[[Page 23059]]

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
_______________________________________________________________________


DEPARTMENT OF LABOR (DOL)                                 Prerule Stage


Occupational Safety and Health Administration (OSHA)



_______________________________________________________________________




1935. 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 undertaking two regulatory actions concerning the 
Process Safety Management of Highly Hazardous Chemicals (PSM) standard. 
One action was to publish, in April, 2000, 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 to the list of highly 
hazardous chemicals in the PSM standard that were not originally 
included in the OSHA standard but were included in the Environmental 
Protection Agency's (EPA) Risk Management Program (RMP) rule (one part 
of the RMP rule addresses compliance with the OSHA Process Safety 
Management rule). OSHA has been asked by representatives of the 
regulated community to bring its chemical list into closer alignment 
with the RMP rule.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM Reactives                 04/00/00
NPRM Process Safety Management   To Be                       Determined

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: Undetermined

Agency Contact: Marthe B. Kent, Director, Directorate of Safety 
Standards Programs, Department of Labor, Occupational Safety and Health 
Administration, Room N3609, 200 Constitution Avenue NW, FP Building, 
Washington, DC 20210
Phone: 202 693-1950
Fax: 202 693-1678

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-AB63
_______________________________________________________________________




1936. 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 several 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                           09/00/00

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
_______________________________________________________________________




1937. 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                      01/00/01

Regulatory Flexibility Analysis Required: No

[[Page 23060]]

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
_______________________________________________________________________




1938. COTTON DUST (SECTION 610 REVIEW)

Priority: Other Significant

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

CFR Citation: 29 CFR 1910.1043

Legal Deadline: None

Abstract: OSHA is undertaking a review of its cotton dust standard (29 
CFR 1910.1043) in accordance with the requirements of section 610 of 
the Regulatory Flexibility Act and section 5 of EO 12866. The review 
will cover the continued need for the rule; the nature of complaints or 
comments received from the public concerning the rule; the complexity 
of the rule; the extent to which the rule overlaps, duplicates or 
conflicts with other Federal rules and, to the extent feasible, with 
State and local rules; and the degree to which technology, economic 
conditions, or other factors have changed in the industries affected by 
the rule.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

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

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
_______________________________________________________________________




1939. 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 was issued in 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

________________________________________________________________________

ANPRM                           03/00/01

Regulatory Flexibility Analysis Required: No

Government Levels Affected: Undetermined

Federalism:  This action may have federalism implications as defined in 
EO 13132.

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
_______________________________________________________________________




1940. 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                           05/00/00

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: None

[[Page 23061]]

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
_______________________________________________________________________




1941. 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 issue an ANPRM to consider revisions to the 
sanitation standard that would include washing facilities, gender-
separate and lockable toilet facilities, and (where other OSHA 
standards require change rooms), gender-separate and lockable change 
facilities.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           12/00/00

Regulatory Flexibility Analysis Required: Undetermined

Small Entities Affected: 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-AB87
_______________________________________________________________________




1942. 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) early in 2000, 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                           04/00/00

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: None

Agency Contact: Marthe B. Kent, Director, Directorate of Safety 
Standards Programs, Department of Labor, Occupational Safety and Health 
Administration, Room N3609, 200 Constitution Avenue NW, FP Building, 
Washington, DC 20210
Phone: 202 693-1950
Fax: 202 693-1678

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-AB89
_______________________________________________________________________


DEPARTMENT OF LABOR (DOL)                           Proposed Rule Stage


Occupational Safety and Health Administration (OSHA)



_______________________________________________________________________




1943. PERMISSIBLE EXPOSURE LIMITS (PELS) FOR AIR CONTAMINANTS

Priority: Economically Significant. Major under 5 USC 801.

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

Legal Authority: 29 USC 655 (b)

CFR Citation: 29 CFR 1910.1000; 29 CFR 1915.1000; 29 CFR 
1917.1(a)(2)(ii); 29 CFR 1918.1(b)(a); 29 CFR 1926.55

Legal Deadline: None

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

[[Page 23062]]

the grounds that ``(1) OSHA failed to establish that existing exposure 
limits in the workplace presented significant risk of material health 
impairment or that new standards eliminated or substantially lessened 
the risk; (2) OSHA did not meet its burden of establishing that its 428 
new permissible exposure limits (PELs) were either economically or 
technologically feasible.'' The Court's decision forced the Agency to 
return to the earlier, insufficiently protective limits.
OSHA continues to believe that establishing a rulemaking approach that 
will permit the Agency to update existing air contaminant limits and 
establish new ones as toxicological evidence of the need to do so 
becomes available is a high priority. The rulemaking described in this 
Regulatory Plan entry reflects OSHA's intention to move forward with 
this process. In determining how to proceed, OSHA is being guided by 
the OSH Act and the Eleventh District Court decision regarding 
quantifying the risk and analyzing the feasibility of any new air 
contaminant limits. State-of-the-art risk assessment methodologies will 
be utilized for both carcinogens and noncarcinogens, and the 
determinations of feasibility contained in the economic analysis 
accompanying the proposal will be extensive. OSHA published (61 FR 
1947) the name of the 20 substances from which the proposed new PELs 
for the first update were chosen: carbon disulfide, carbon monoxide, 
chloroform, dimethyl sulfate, epichlorohydrin, ethylene dichloride, 
glutaraldehyde, n-hexane, 2-hexanone, hydrazine, hydrogen sulfide, 
manganese and compounds, mercury and compounds, nitrogen dioxide, 
perchloroethylene, sulfur dioxide, toluene, toluene diisocyanate, 
trimellitic anhydride, and vinyl bromide. The specific hazards 
associated with the air contaminants preliminarily selected for 
regulation include cancer, neurotoxicity, respiratory and skin 
irritation and sensitivity, and cardiovascular disease, etc. Using the 
same criteria as those used in the Priority Planning Process, OSHA has 
evaluated for each substance: the severity of the health effect, the 
number of exposed workers, toxicity of the substance, uses and 
prevailing exposure levels of the substance, the potential risk 
reduction, and the availability and quality of information useful in 
quantitative risk assessment to ensure that significant risks are 
addressed and that workers will experience substantial benefits in the 
form of enhanced health and safety.
Although OSHA has evaluated factors for the twenty substances and plans 
to develop more PELs in the future, for this first stage in the current 
rulemaking process OSHA has decided to propose new PELs for four 
chemicals - carbon disulfide, glutaraldehyde, hydrazine, and 
trimellitic anhydride - that have different adverse health effects, 
both carcinogenic and non-carcinogenic, requiring different risk 
assessment approaches. For these four chemicals, OSHA has modified or 
developed new quantitative risk assessment approaches for cancer, 
respiratory sensitization and irritation, cardiovascular disease and 
neurotoxicity effects. Publication of the proposal will allow OSHA to 
continue to develop a mechanism for updating and extending its air 
contaminant limits, that will, at the same time, provide added 
protection to many workers who are currently being overexposed to toxic 
substances in the workplace.
OSHA is also considering supplemental mechanisms proposed by 
stakeholders to increase the effectiveness and timeliness of the 
process. The agency is considering the establishment of an advisory 
committee to review issues related to the PELs process.

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

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

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

Anticipated Cost and Benefits: The scope of the proposed rule is 
currently under development and thus quantitative estimates of costs 
and benefits have not been determined at this time. Implementation 
costs associated with the proposed standard include primarily those 
related to identifying and correcting overexposures using engineering

[[Page 23063]]

controls and work practices. Additional costs may be incurred for the 
implementation of administrative controls and the purchase and use of 
personal protective equipment. Estimates of the magnitude of the 
problem of occupational illnesses, both acute and chronic, vary 
considerably. In 1989, OSHA concluded that its Air Contaminants rule in 
general industry, which lowered 212 exposure limits and added 164 where 
none had previously existed, would result in a reduction of 
approximately 700 deaths, 55,000 illnesses, and over 23,300 lost-
workday illnesses annually. Chronic effects include cardiovascular 
disease, respiratory, liver and kidney disease, reproductive effects, 
neurological damage, and cancer. Acute effects include respiratory and 
sensory irritation, chemical burns, and ocular effects.

Risks: Risk assessments for the substances under consideration for this 
first phase of the air contaminants updating and revision process are 
being completed at this time.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            08/00/00

Regulatory Flexibility Analysis Required: No

Government Levels Affected: Undetermined

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

Agency Contact: 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-AB54
_______________________________________________________________________




1944. 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 2000.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Begin Review                    10/01/96
Publish Report                  06/00/00

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Agency Contact: Marthe B. Kent, Director, Directorate of Safety 
Standards Programs, Department of Labor, Occupational Safety and Health 
Administration, Room N3609, 200 Constitution Avenue NW, FP Building, 
Washington, DC 20210
Phone: 202 693-1950
Fax: 202 693-1678

RIN: 1218-AB60
_______________________________________________________________________




1945. PLAIN LANGUAGE REVISION OF THE FLAMMABLE AND COMBUSTIBLE LIQUIDS 
STANDARD

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, Director, Directorate of Safety 
Standards Programs, Department of Labor, Occupational Safety and Health 
Administration, Room N3609, 200 Constitution Avenue NW, FP Building, 
Washington, DC 20210
Phone: 202 693-1950
Fax: 202 693-1678

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-AB61
_______________________________________________________________________




1946. 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 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 1910.219

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

[[Page 23064]]

President's June 1998 Executive Memo on Plain Language. OSHA intends to 
propose 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, Director, Directorate of Safety 
Standards Programs, Department of Labor, Occupational Safety and Health 
Administration, Room N3609, 200 Constitution Avenue NW, FP Building, 
Washington, DC 20210
Phone: 202 693-1950
Fax: 202 693-1678

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-AB66
_______________________________________________________________________




1947. 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, Director, Directorate of Safety 
Standards Programs, Department of Labor, Occupational Safety and Health 
Administration, Room N3609, 200 Constitution Avenue NW, FP Building, 
Washington, DC 20210
Phone: 202 693-1950
Fax: 202 693-1678

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-AB67
_______________________________________________________________________




1948. STANDARDS IMPROVEMENT (MISCELLANEOUS CHANGES) FOR GENERAL 
INDUSTRY, MARINE TERMINALS, AND CONSTRUCTION STANDARDS (PHASE II)

Priority: Substantive, Nonsignificant

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

Legal Authority: 29 USC 655(b)

CFR Citation: 29 CFR 1910.142; 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, Director, Directorate of Safety 
Standards Programs, Department of Labor, Occupational Safety and Health 
Administration, Room N3609, 200 Constitution Avenue NW, FP Building, 
Washington, DC 20210
Phone: 202 693-1950
Fax: 202 693-1678

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-AB81
_______________________________________________________________________




1949. PLAIN LANGUAGE REVISIONS TO SPRAY APPLICATIONS

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

Unfunded Mandates: Undetermined

[[Page 23065]]

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); 29 USC 657

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

Legal Deadline: None

Abstract: This 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                            05/00/00

Regulatory Flexibility Analysis Required: No

Government Levels Affected: Undetermined

Agency Contact: Marthe B. Kent, Director, Directorate of Safety 
Standards Programs, Department of Labor, Occupational Safety and Health 
Administration, Room N3609, 200 Constitution Avenue NW, FP Building, 
Washington, DC 20210
Phone: 202 693-1950
Fax: 202 693-1678

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-AB84
_______________________________________________________________________




1950. SIGNS, SIGNALS, AND BARRICADES

Priority: Substantive, Nonsignificant

Unfunded Mandates: Undetermined

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 1926.203) 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 
entitled: A Manual on Uniform Traffic Control Devices (MUTCD). Because 
the OSHA standard is out-of-date, the Agency intends to propose changes 
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)



_______________________________________________________________________




1951. STEEL ERECTION (PART 1926) (SAFETY PROTECTION FOR IRONWORKERS)

Priority: Economically Significant. Major under 5 USC 801.

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

Legal Authority: 29 USC 655; 40 USC 333

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

Legal Deadline: None

Abstract: In 1992, OSHA announced that it would develop a proposal for 
revising steel erection safety requirements using the negotiated 
rulemaking process. In negotiated rulemaking, OSHA, public, industry 
and employee representatives meet as an advisory committee and attempt 
to forge a consensus on a proposed standard. An advisory committee for 
this rule was formed in 1994. Its work resulted in the publication of a 
proposed rule on August 13, 1998.
The written comment period ended November 17, 1998. A public hearing 
was held in Washington, D.C. on December 1-11, 1998. The post-hearing 
comment period closed April 12, 1999. OSHA is now working to complete a 
final rule.

Statement of Need: In 1989, the Ironworkers International Union and 
National Erectors Association petitioned OSHA to revise the steel 
erection standard through negotiated rulemaking. In light of the 
significant number of steel erection fatalities and injuries and 
concerns that the Agency's existing rule fails to adequately address a 
number of factors affecting safety, OSHA determined that the current 
rule needed to be revised.

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

Alternatives: OSHA considered continuing to rely on the existing rule.

[[Page 23066]]

The Agency also considered issuing a proposed rule without negotiated 
rulemaking. Leaving the existing rule unchanged was rejected because of 
the apparent inadequacies of the standard. Negotiated rulemaking was 
chosen to help resolve conflicts and produce a proposal sooner.

Anticipated Cost and Benefits: OSHA expects compliance with the 
proposal to impose annualized costs of about $50 million per year. 
Benefits are expected to include the prevention of about 14 fatalities 
and 824 lost workday injuries per year.

Risks: OSHA estimates that at least 28 workers die each year while 
engaged in steel erection. Falls continue to be the leading cause of 
job-related deaths among construction workers, and steel erection 
involves a significant degree of exposure to fall hazards.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Notice of Committee 
Establishment                   05/11/94                    59 FR 24389
NPRM                            08/13/98                    63 FR 43451
NPRM Comment Period End         11/17/98
Public Hearing                  12/01/98
Final Rule                      07/00/00

Regulatory Flexibility Analysis Required: Yes

Small Entities Affected: Businesses

Government Levels Affected: None

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

RIN: 1218-AA65
_______________________________________________________________________




1952. RECORDING AND REPORTING OCCUPATIONAL INJURIES AND ILLNESSES 
(SIMPLIFIED INJURY/ILLNESS RECORDKEEPING REQUIREMENTS)

Priority: Other Significant

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

Legal Authority: 29 USC 657; 29 USC 673

CFR Citation: 29 CFR 1904; 29 CFR 1952.4

Legal Deadline: None

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

Statement of Need: The occupational injury and illness records 
maintained by employers are an important component of OSHA's program. 
The records are used by employers and employees to identify and 
evaluate workplace safety and health hazards, and they provide OSHA 
personnel with necessary information during workplace inspections. The 
records also provide the source data for the Annual Survey of 
Occupational Injuries and Illnesses conducted by the BLS.

All of these uses of the data are affected by the quality of the 
records employers maintain. Higher quality data lead to higher quality 
analyses, which in turn lead to better decisions about occupational 
safety and health matters. To improve the quality of the records and 
enhance the use of the information, OSHA needs to provide clearer 
regulatory guidance to employers and simplify the recordkeeping forms.

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

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

Anticipated Cost and Benefits: OSHA has not determined the costs and 
benefits of the final rule.

Risks: Not applicable.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            02/02/96                     61 FR 4030

[[Page 23067]]

NPRM Comment Period End         07/02/96
Final Action                    06/00/00
Final Action Effective          01/00/01

Regulatory Flexibility Analysis Required: Yes

Small Entities Affected: Businesses, Organizations

Government Levels Affected: None

Agency Contact: Marthe B. Kent, Director, Directorate of Safety 
Standards Programs, Department of Labor, Occupational Safety and Health 
Administration, Room N3609, 200 Constitution Avenue NW, FP Building, 
Washington, DC 20210
Phone: 202 693-1950
Fax: 202 693-1678

RIN: 1218-AB24
_______________________________________________________________________




1953. ERGONOMICS PROGRAMS: PREVENTING MUSCULOSKELETAL DISORDERS

Priority: Economically Significant. Major under 5 USC 801.

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

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

CFR Citation: 29 CFR 1910

Legal Deadline: None

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

Statement of Need: OSHA estimates that work-related musculoskeletal 
disorders in the United States account for over 600,000 injuries and 
illnesses that are serious enough to result in days away from work (34 
percent of all lost workday injuries reported to the Bureau of Labor 
Statistics (BLS)). These disorders now account for one out of every 
three dollars spent on workers' compensation. It is estimated that 
employers spend as much as $15-$18 billion a year on direct costs for 
MSD-related workers' compensation, and up to three to four times that 
much for indirect costs, such as those associated with hiring and 
training replacement workers. In addition to these monetary effects, 
MSDs often impose a substantial personal toll on affected workers who 
can no longer work or perform simple personal tasks like buttoning 
their clothes or brushing their hair.

Scientific evidence associates MSDs with stresses to various body parts 
caused by the way certain tasks are performed. The positioning of the 
body and the type of physical work that must be done to complete a job 
may cause persistent pain and lead to deterioration of the affected 
joints, tissues, and muscles. The longer the worker must maintain a 
fixed or awkward posture, exert force, repeat the same movements, 
experience vibration, or handle heavy items, the greater the chance 
that such a disorder will occur. These job-related stresses are 
referred to as ``ergonomic risk factors,'' and the scientific 
literature demonstrates that exposure to these risk factors, 
particularly in combination, significantly increases an employee's risk 
of developing a work-related musculoskeletal disorder. Jobs involving 
exposure to ergonomic risk factors appear in all types of industries 
and in all sizes of facilities.
Musculoskeletal disorders occur in all parts of the body--the upper 
extremity, the lower extremity, and the back. An example of the 
increasing magnitude of the problem involves repeated trauma to the 
upper extremity, or that portion of the body above the waist, in forms 
such as carpal tunnel syndrome and shoulder tendinitis. In industries 
such as meatpacking and automotive assembly, approximately 10 out of 
100 workers report work-related MSDs from repeated trauma each year. 
The number of work-related back injuries occurring each year is even 
larger than the number of upper extremity disorders. Industries 
reporting a large number of cases of back injuries include hospitals 
and personal care facilities.
The evidence OSHA has assembled and analyzed indicates that 
technologically and economically feasible measures are available to 
significantly reduce exposures to ergonomic risk factors and the risk 
of developing work-related musculoskeletal disorders. Many companies 
that have voluntarily implemented ergonomics programs have demonstrated 
that effective ergonomic interventions are available to reduce MSDs. 
Many of these interventions are simple and inexpensive, but 
nevertheless have a significant effect on the occurrence of work-
related musculoskeletal disorders. Benefits include substantial savings 
in workers' compensation costs, increased productivity, and decreased 
turnover.

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

Alternatives: OSHA has considered many different regulatory 
alternatives. These include variations in the scope

[[Page 23068]]

of coverage, particularly with regard to industrial sectors, work 
processes, and degree of hazard.

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

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

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           08/03/92                    57 FR 34192
ANPRM Comment Period End        02/01/93
SBREFA Panel                    03/02/99
NPRM                            11/23/99                    64 FR 65768
Final Action                    12/00/00

Regulatory Flexibility Analysis Required: Yes

Small Entities Affected: Businesses, Governmental Jurisdictions, 
Organizations

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-AB36
_______________________________________________________________________




1954. OCCUPATIONAL EXPOSURE TO TUBERCULOSIS

Priority: Economically Significant. Major under 5 USC 801.

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

Legal Authority: 29 USC 655(b)

CFR Citation: 29 CFR 1910.1035

Legal Deadline: None

Abstract: On August 25, 1993, the Labor Coalition to Fight TB in the 
Workplace petitioned the Occupational Safety and Health Administration 
(OSHA) to develop an occupational health standard to protect workers 
against the transmission of tuberculosis (TB). The Coalition stated 
that although the Centers for Disease Control and Prevention (CDC) had 
developed guidelines for controlling the spread of TB, many of the TB 
outbreak investigations conducted by CDC showed that many employers 
were not fully implementing the CDC guidelines. After reviewing the 
available information, OSHA preliminarily concluded that a significant 
risk of occupational transmission of TB exists for some workers in some 
work settings and began rulemaking on a proposed standard.
To assist in the development of the proposed standard, OSHA consulted 
with parties outside the Agency. The preliminary risk assessment was 
peer-reviewed by four experts with specific knowledge in the areas of 
TB disease and risk assessment. In addition, OSHA conducted stakeholder 
meetings with representatives of various groups that might be affected 
by the proposed standard. The draft proposed standard was also reviewed 
and commented on by affected small business entities under the Small 
Business Advocacy Review Panel requirements of the Small Business 
Regulatory Enforcement Fairness Act of 1996 (SBREFA) and by the Office 
of Management and Budget (OMB) under Executive Order 12866.
On October 17, 1997 OSHA published its proposed standard for 
occupational exposure to TB (62 FR 54160). The proposed standard would 
cover workers in hospitals, nursing homes, hospices, correctional 
facilities, homeless shelters, and certain other work settings where 
workers are at significant risk of becoming infected with TB while 
caring for their patients or clients or performing certain procedures. 
The proposed standard would require employers to protect TB-exposed 
workers using infection control measures that have been shown to be 
highly effective in reducing or eliminating work-related TB infections. 
Such measures include procedures for early identification of 
individuals with infectious TB, isolation of individuals with 
infectious TB using appropriate ventilation, use of respiratory 
protection in certain situations, and skin testing and training of 
employees.
After the close of the written comment period for the proposed standard 
on February 17, 1998, informal public hearings were held in Washington, 
DC (April 7-17), Los Angeles, CA (May 5-7), New York City, NY (May 19-
21), and Chicago, IL (June 2-4). At the end of the public hearings a 
post-hearing comment period was established. The post-hearing comment 
period closed on October 5, 1998. On June 17, 1999 OSHA re-opened the 
rulemaking record to submit the Agency's report on homeless shelters 
and certain other documents that became available to the Agency after 
the close of the post-hearing comment period. During this limited re-
opening of the rulemaking record, OSHA also requested interested 
parties to submit comments and data on the Agency's preliminary risk 
assessment in order to obtain the best, most recent data for providing 
the most accurate estimates of the occupational risk of tuberculosis.

Statement of Need: TB is a contagious disease caused by the bacterium 
Mycobacterium tuberculosis. Infection is acquired by the inhalation of 
airborne particles carrying the bacterium. These airborne particles, 
called droplet nuclei, can be generated when persons with pulmonary TB 
in the infectious stage of the disease cough, sneeze, or speak. In some 
individuals who inhale the droplet nuclei, TB bacteria establish an 
infection. In most cases, the bacteria are contained by the 
individual's immune system. However, in some cases, the bacteria are 
not contained by the immune system and continue to grow and invade the 
tissue, leading to the progressive destruction of the organ involved. 
In most cases, this organ is

[[Page 23069]]

the lung, although other organs may also become infected.

From 1953, when active cases began to be reported in the United States, 
until 1984, the number of annual reported cases declined 74 percent, 
from 84,304 cases to 22,255 cases. However, this steady decline did not 
continue. Instead, from 1985 to 1992, the number of reported cases 
increased 20.1 percent. TB control efforts were re-initiated in some 
areas of the country and from 1993 to 1998, the number of cases in the 
United States again declined. A large portion of the decrease occurred 
in high incidence areas, such as New York City, where intervention 
efforts were focused. However, despite the recent decrease in active 
cases, there were still 18,371 reported TB cases in 1998. Outbreaks of 
TB continue to occur and multidrug-resistant forms of TB disease 
continue to spread to new states. In addition, more than 10 to 15 
million persons in the United States have latent TB infection and are 
at risk of developing TB disease sometime in the future. Moreover, the 
factors that led to the resurgence from 1985 to 1992 (e.g., increases 
in homelessness, HIV infection, immigration from countries with high 
rates of infection) still exist.
Providing health care for individuals with TB increases the risk of 
occupational exposure among healthcare workers. Many of the outbreaks 
of TB have occurred in health care facilities, resulting in the 
transmission of TB to both patients and health care workers. CDC found 
that the factors contributing to these outbreaks included delayed 
diagnosis of TB, delayed initiation of effective therapy, delayed 
initiation and inadequate duration of TB isolation, inadequate 
ventilation of isolation rooms, lapses in TB isolation practices, and 
lack of adequate respiratory protection. CDC analyzed data from several 
of the outbreaks and found that the transmission of TB decreased 
significantly when recommended TB control measures were implemented. 
Workers outside health care also provide services to patient or client 
populations that have an increased rate of TB disease. For example, 
occupational transmission of TB has been documented in correctional 
facilities, and the standard would cover such workers.

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

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

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

Risks: From 1985 to 1992, the number of reported cases of TB in the 
United States increased, reversing a previous 30-year downward trend. 
While there has been a recent decrease in the reported number of cases 
of TB in the general population, a large part of this decrease can be 
attributed to focused intervention efforts in areas of high incidence 
of TB. Fourteen states showed an increase or no change in the number of 
reported cases in 1998, and the factors that contributed to the 
resurgence continue to exist, along with exposure of certain workers to 
patient or client populations with an increased rate of TB. In 
addition, TB outbreaks continue to occur and multidrug-resistant 
strains of TB continue to spread to new states. Therefore, employees in 
work settings such as health care or correctional facilities, who have 
contact with infectious individuals, are at high risk of occupational 
transmission of TB. OSHA estimates that the average lifetime 
occupational risk of TB infection ranges from 30-386 infections per 
1000 workers exposed to TB on the job and that the average lifetime 
occupational risk of TB disease ranges from 3-39 cases of active TB 
disease per 1000 workers exposed to TB. Active disease can cause signs 
and symptoms such as fatigue, weight loss, fever, night sweats, loss of 
appetite, persistent cough, and shortness of breath, and may result in 
serious respiratory illness or death.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

SBREFA Panel                    09/10/96
NPRM                            10/17/97                    62 FR 54160
NPRM Comment Period End         02/17/98                    62 FR 65388
Post Hearing Comment End        10/05/98
Record Reopening                06/17/99                    64 FR 32447
Reopening Comment Period End    08/02/99
2nd Reopening Comment Period End06/28/99                    64 FR 34625
Final Rule                      07/00/00

Regulatory Flexibility Analysis Required: Yes

Small Entities Affected: Businesses, Governmental Jurisdictions, 
Organizations

Government Levels Affected: Federal, State, Local, Tribal

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

Agency Contact: 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 23070]]

Fax: 202 693-1678

RIN: 1218-AB46
_______________________________________________________________________




1955. 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 has proposed 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. The proposal was published on 
August 18, 1999, and the Agency is now working on a final rule.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            08/18/99                    64 FR 45098
NPRM Comment Period End         10/04/99
Final                           06/00/00

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
_______________________________________________________________________




1956. EMPLOYER PAYMENT FOR PERSONAL PROTECTIVE EQUIPMENT

Priority: Other Significant

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

CFR Citation: 29 CFR 1910.132; 29 CFR 1915.152; 29 CFR 1917.96; 29 CFR 
1918.106; 29 CFR 1926.95

Legal Deadline: None

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

Statement of Need: The regulatory language used in OSHA standards has 
generally clearly stated that the employer must provide PPE and ensure 
that employees wear it. However, the regulatory language regarding the 
employer's obligation to pay for the PPE has varied.

OSHA attempted to clarify its position on the issue of payment for 
required PPE in a compliance memorandum to its field staff dated 
October 18, 1994. The memorandum stated that it was the employer's 
obligation to provide and pay for PPE except in limited situations.
Recently, the Occupational Safety and Health Review Commission declined 
to accept this interpretation (Secretary of Labor v. Union Tank Car, 
OSHRC No. 96-0563). The Commission vacated a citation against an 
employer who failed to pay for OSHA-required PPE, finding that the 
Secretary had failed to adequately explain the policy outlined in the 
1994 memorandum in light of several inconsistent earlier letters of 
interpretation from OSHA. Therefore, the Agency needs to clarify who is 
to pay for PPE under what conditions, to eliminate any confusion and 
unnecessary litigation.

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

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

Anticipated Cost and Benefits: It is estimated that this rule will 
shift, at most, annualized costs to employers of no more than $62 
million across all affected industries. It is also estimated that the 
proposed rule will prevent over 47,000 injuries and seven fatalities 
that occur annually as a result of the non-use or misuse of personal 
protective equipment by employees required to pay for their own PPE.

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

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            03/30/99                    64 FR 15401
NPRM Comment Period End         06/14/99
Informal Public Hearing End     08/13/99
Final Rule                      07/00/00

Regulatory Flexibility Analysis Required: No

Small Entities Affected: Businesses

Government Levels Affected: State, Local, Federal

[[Page 23071]]

Agency Contact: Marthe B. Kent, Director, Directorate of Safety 
Standards Programs, Department of Labor, Occupational Safety and Health 
Administration, Room N3609, 200 Constitution Avenue NW, FP Building, 
Washington, DC 20210
Phone: 202 693-1950
Fax: 202 693-1678

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-AB77
_______________________________________________________________________




1957. 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 
consultation program (The New OSHA: Reinventing Worker Safety and 
Health, May 1995), and to implement the requirements of the 
Occupational Safety and Health Administration Compliance Assistance 
Authorization Act of 1999(Section 21(d) of the OSH Act.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            07/02/99                    64 FR 35972
Final Action                    05/00/00

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
_______________________________________________________________________




1958. PLAIN LANGUAGE REVISIONS TO THE EXIT ROUTES STANDARD

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 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                      08/00/00

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: None

Agency Contact: Marthe B. Kent, Director, Directorate of Safety 
Standards Programs, Department of Labor, Occupational Safety and Health 
Administration, Room N3609, 200 Constitution Avenue NW, FP Building, 
Washington, DC 20210
Phone: 202 693-1950
Fax: 202 693-1678

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-AB82
_______________________________________________________________________


DEPARTMENT OF LABOR (DOL)                             Long-Term Actions


Occupational Safety and Health Administration (OSHA)



_______________________________________________________________________




1959. 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 is developing 
an approach to devising APFs that involves analyzing available data 
including data from workplace and chamber studies, where such data are 
available. OSHA will request further public comment on the analyses 
conducted using this approach. This will assure that OSHA receives and 
fully considers public input before issuing final APFs. OSHA expects to 
complete the rulemaking on APFs in 2001.

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

[[Page 23072]]

Final Rule                      01/08/98                     63 FR 1152
Final Rule Effective            01/08/98
Final Rule - Assigned Protection 
Factors                         12/00/01

Regulatory Flexibility Analysis Required: No

Government Levels Affected: Federal, State, Local, Tribal

Agency Contact: Marthe B. Kent, Director, Directorate of Safety 
Standards Programs, Department of Labor, Occupational Safety and Health 
Administration, Room N3609, 200 Constitution Avenue NW, FP Building, 
Washington, DC 20210
Phone: 202 693-1950
Fax: 202 693-1678

RIN: 1218-AA05
_______________________________________________________________________




1960. 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 empty 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/Marine 
Terminals                       07/25/97                    62 FR 40142
Public Meeting                  01/27/98                    62 FR 52671


Next Action Undetermined

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Agency Contact: Marthe B. Kent, Director, Directorate of Safety 
Standards Programs, Department of Labor, Occupational Safety and Health 
Administration, Room N3609, 200 Constitution Avenue NW, FP Building, 
Washington, DC 20210
Phone: 202 693-1950
Fax: 202 693-1678

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-AA56
_______________________________________________________________________




1961. 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 75,000 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, Director, Directorate of Safety 
Standards Programs, Department of Labor, Occupational Safety and Health 
Administration, Room N3609, 200 Constitution Avenue NW, FP Building, 
Washington, DC 20210
Phone: 202 693-1950
Fax: 202 693-1678

RIN: 1218-AA68
_______________________________________________________________________




1962. 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

[[Page 23073]]

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


Next Action Undetermined

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: Undetermined

Agency Contact: Marthe B. Kent, Director, Directorate of Safety 
Standards Programs, Department of Labor, Occupational Safety and Health 
Administration, Room N3609, 200 Constitution Avenue NW, FP Building, 
Washington, DC 20210
Phone: 202 693-1950
Fax: 202 693-1678

RIN: 1218-AA70
_______________________________________________________________________




1963. 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 2001.

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                    04/00/01

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-AA84
_______________________________________________________________________




1964. 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 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

[[Page 23074]]

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, Director, Directorate of Safety 
Standards Programs, Department of Labor, Occupational Safety and Health 
Administration, Room N3609, 200 Constitution Avenue NW, FP Building, 
Washington, DC 20210
Phone: 202 693-1950
Fax: 202 693-1678

RIN: 1218-AB27
_______________________________________________________________________




1965. 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

Federalism:  This action may have federalism implications as defined in 
EO 13132.

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
_______________________________________________________________________




1966. SAFETY AND HEALTH PROGRAMS (FOR GENERAL INDUSTRY AND THE MARITIME 
INDUSTRIES)

Priority: Economically Significant. Major under 5 USC 801.

Unfunded Mandates: Undetermined

Legal Authority: 29 USC 651; 29 USC 655; 29 USC 657

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

Legal Deadline: None

Abstract: The Occupational Safety and Health Administration (OSHA), 
many of the States, members of the safety and health community, 
insurance companies, professional organizations, companies 
participating in the Agency's Voluntary Protection Programs, and many 
proactive employers in all industries recognize the value of worksite-
specific safety and health programs in preventing job-related injuries, 
illnesses, and fatalities. The reductions in job-related injuries and 
illnesses, workers' compensation costs, and absenteeism that occur 
after employers implement such programs dramatically demonstrate the 
effectiveness of these programs. In 1989, OSHA published nonmandatory 
guidelines to help employers establish safety and health programs (54 
FR 3904). Those guidelines were based on a distillation of the best 
safety and health management practices observed by OSHA in the years 
since the Agency was established. OSHA has decided to expand on these 
guidelines by developing a safety and health programs rule because 
occupational injuries, illnesses, and fatalities are continuing to 
occur at an unacceptably high rate. For example, an average of about 17 
workers were killed each day in 1997. This number does not include an 
estimated 137 daily deaths associated with job-related chronic 
illnesses.
The safety and health programs required by the proposed rule will 
include the following core elements: management leadership; active 
employee participation; hazard identification and assessment; hazard 
prevention and control; information and training ; and program 
evaluation. In response to extensive stakeholder involvement, OSHA has, 
among other things, focused the rule on significant hazards and reduced 
burdens on small

[[Page 23075]]

business to the extent consistent with the goals of the OSH Act.

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

Summary of Legal Basis: The legal basis for the proposed rule is a 
preliminary finding by the Secretary of Labor that unacceptably high 
injury, illness, and fatality rates can be substantially reduced by 
getting employers to systematically comply with their existing duty to 
control hazards under sections 5(a)(1) and 5(a)(2) of the OSH Act. The 
rule is also reasonably related to achieving the purposes of the Act, 
and would essentially require employers to conduct periodic inspections 
of the workplace and to inform employees about the hazards they find.

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

Anticipated Cost and Benefits: OSHA preliminarily estimated the overall 
program costs of the draft proposed standard provided to the SBREFA 
Panel for this rule for all covered employers to be about $2.3 billion 
per year. The Agency also estimates that 580,000 to 1,300,000 injuries 
and illnesses and 416 to 918 fatalities will be avoided each year as a 
result of the rule. OSHA anticipates that employers will have direct 
cost savings associated with this reduction in the number of injuries 
and illnesses of approximately $7.3 to $16.5 billion per year.

Risks: Workers in all major industry sectors in the United States 
continue to experience an unacceptably high rate of occupational 
fatalities, injuries, and illnesses. For 1996, the Bureau of Labor 
Statistics reported that 6.2 million injuries and illnesses occurred 
within private industry. For 1997, BLS reported that 6,218 workers lost 
their lives on the job. There is increasing evidence that addressing 
hazards in a piecemeal fashion, as employers tend to do in the absence 
of a comprehensive safety and health program, is considerably less 
effective in reducing accidents than a systematic approach. Dramatic 
evidence of the seriousness of this problem can be found in the 
staggering workers' compensation bill paid by America's employers and 
employees: about $54 billion annually. These risks can be reduced by 
the implementation of safety and health programs, as evidenced by the 
experience of OSHA's Voluntary Protection Program participants, who 
regularly achieve injury and illness rates averaging one-fifth to one-
third those of competing firms in their industries. Because the 
proposed rule addresses significant job-related hazards, the rule will 
be effective in ensuring a systematic approach to the control of long-
recognized hazards, such as lead, which are covered by existing OSHA 
standards, and emerging hazards, such as lasers and violence in the 
workplace, where conditions in the workplace would require control 
under the General Duty Clause of the Act.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                             To Be                       Determined

Regulatory Flexibility Analysis Required: Yes

Small Entities Affected: Businesses

Government Levels Affected: State

Federalism:  Undetermined

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

Agency Contact: Marthe B. Kent, Director, Directorate of Safety 
Standards Programs, Department of Labor, Occupational Safety and Health 
Administration, Room N3609, 200 Constitution Avenue NW, FP Building, 
Washington, DC 20210
Phone: 202 693-1950
Fax: 202 693-1678

RIN: 1218-AB41

[[Page 23076]]

_______________________________________________________________________




1967. OCCUPATIONAL EXPOSURE TO HEXAVALENT CHROMIUM (PREVENTING 
OCCUPATIONAL ILLNESS: CHROMIUM)

Priority: Economically Significant. Major under 5 USC 801.

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

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

CFR Citation: 29 CFR 1910

Legal Deadline: None

Abstract: In July 1993, the Occupational Safety and Health 
Administration (OSHA) was petitioned for an emergency temporary 
standard (ETS) to reduce the permissible exposure limit (PEL) for 
occupational exposures to hexavalent chromium. The Oil, Chemical, and 
Atomic Workers International Union (OCAW) and Public Citizen's Health 
Research Group (HRG) petitioned OSHA to promulgate an ETS to lower the 
PEL for chromium (CrVI) compounds to 0.5 micrograms per cubic meter of 
air (ug/m3) as an eight-hour, time-weighted average (TWA). This 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. 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
_______________________________________________________________________




1968. 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                            07/00/01

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
_______________________________________________________________________




1969. 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                            04/00/01

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: None

Agency Contact: Marthe B. Kent, Director, Directorate of Safety 
Standards Programs, Department of Labor, Occupational Safety and Health 
Administration, Room N3609, 200 Constitution Avenue NW, FP Building, 
Washington, DC 20210
Phone: 202 693-1950
Fax: 202 693-1678

RIN: 1218-AB50

[[Page 23077]]

_______________________________________________________________________




1970. 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                            12/00/01

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: Undetermined

Agency Contact: Marthe B. Kent, Director, Directorate of Safety 
Standards Programs, Department of Labor, Occupational Safety and Health 
Administration, Room N3609, 200 Constitution Avenue NW, FP Building, 
Washington, DC 20210
Phone: 202 693-1950
Fax: 202 693-1678

RIN: 1218-AB51
_______________________________________________________________________




1971. 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, and lung 
cancer and dermatoses. The committee submitted its report to OSHA in 
July, 1999. OSHA plans to propose a standard in 2001.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            04/00/01

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-AB58
_______________________________________________________________________




1972. 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. The comment period closed January 
24, 2000. OSHA is now evaluating comments to determine whether further 
action is required.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

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


Next Action Undetermined

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
_______________________________________________________________________




1973. 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.

[[Page 23078]]

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, Director, Directorate of Safety 
Standards Programs, Department of Labor, Occupational Safety and Health 
Administration, Room N3609, 200 Constitution Avenue NW, FP Building, 
Washington, DC 20210
Phone: 202 693-1950
Fax: 202 693-1678

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-AB65
_______________________________________________________________________




1974. 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 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: None

Federalism:  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
_______________________________________________________________________




1975. 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                            06/00/01

[[Page 23079]]

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
_______________________________________________________________________




1976. 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: 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-AB71
_______________________________________________________________________




1977. 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 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 has 
initiated rulemaking under Section 6(b)(5) to protect beryllium-exposed 
workers from contracting these diseases.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            09/00/01

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-AB76

[[Page 23080]]

_______________________________________________________________________




1978. 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, Director, Directorate of Safety 
Standards Programs, Department of Labor, Occupational Safety and Health 
Administration, Room N3609, 200 Constitution Avenue NW, FP Building, 
Washington, DC 20210
Phone: 202 693-1950
Fax: 202 693-1678

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-AB78
_______________________________________________________________________




1979. 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: 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, Director, Directorate of Safety 
Standards Programs, Department of Labor, Occupational Safety and Health 
Administration, Room N3609, 200 Constitution Avenue NW, FP Building, 
Washington, DC 20210
Phone: 202 693-1950
Fax: 202 693-1678

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-AB80
_______________________________________________________________________




1980. 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

[[Page 23081]]

Government Levels Affected: None

Agency Contact: Marthe B. Kent, Director, Directorate of Safety 
Standards Programs, Department of Labor, Occupational Safety and Health 
Administration, Room N3609, 200 Constitution Avenue NW, FP Building, 
Washington, DC 20210
Phone: 202 693-1950
Fax: 202 693-1678

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-AB83
_______________________________________________________________________


DEPARTMENT OF LABOR (DOL)                             Completed Actions


Occupational Safety and Health Administration (OSHA)



_______________________________________________________________________




1981. CONTROL OF HAZARDOUS ENERGY SOURCES (LOCKOUT/TAGOUT) (COMPLETION 
OF A 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. Data submitted to the docket in connection with this 
Lookback Review demonstrate that the rule has decreased lockout-related 
fatalities in certain industries by 20 percent or more each year since 
promulgation of the standard. To respond to comments received during 
this review of the standard, OSHA will revise the compliance directive 
for this standard, 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. 
The final report summarizing the results of this Lookback Review has 
been placed in Docket S-012-B.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Begin Review                    10/01/96
Publish Report                  01/30/00

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Agency Contact: Marthe B. Kent, Director, Directorate of Safety 
Standards Programs, Department of Labor, Occupational Safety and Health 
Administration, Room N3609, 200 Constitution Avenue NW, FP Building, 
Washington, DC 20210
Phone: 202 693-1950
Fax: 202 693-1678

RIN: 1218-AB59
_______________________________________________________________________


DEPARTMENT OF LABOR (DOL)                           Proposed Rule Stage


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



_______________________________________________________________________




1982. ANNUAL REPORT FOR FEDERAL CONTRACTORS

Priority: Other Significant

Legal Authority: PL 105-339 Veterans Employment Opportunities Act of 
1998

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

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            06/00/00

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

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

RIN: 1293-AA07
[FR Doc. 00-6922 Filed 04-21-00; 8:45 am]
BILLING CODE 4510-23-F
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