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


[[Page 74071]]

Part XII





Department of Labor





_______________________________________________________________________



Semiannual Regulatory Agenda

[[Page 74072]]



DEPARTMENT OF LABOR (DOL)                                              


  



_______________________________________________________________________

DEPARTMENT OF LABOR

Office of the Secretary

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

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

30 CFR Ch. I

41 CFR Ch. 60

48 CFR Ch. 29

Semiannual Agenda of Regulations

AGENCY:  Office of the Secretary, Labor.

ACTION:  Semiannual regulatory agenda.

_______________________________________________________________________

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

    The Regulatory Flexibility Act (under section 610) also 
requires agencies to periodically review rules ``which have or will 
have a significant economic impact upon a substantial number of 
small entities'' and to annually publish a list of the rules that 
will be reviewed during the succeeding 12 months. The purpose of 
the review is to determine whether the rule should be continued 
without change, amended, or rescinded. In the November 22, 1999, 
Unified Agenda, the Department listed six rules that were to be 
reviewed in the succeeding 12 months.

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

    The Pension and Welfare Benefits Administration (PWBA) has four 
new items on the review list: Bonding Rules under ERISA, 
Enforcement Pursuant to Section 502(6)(2), Civil Penalties under 
ERISA Section 502(c)(2), and Assessment of Civil Penalties Under 
ERISA Section 502(c)(2).

    The Occupational Safety and Health Administration (OSHA) had 
four items on the last two years' review lists: Control of 
Hazardous Energy Sources (Lockout/Tagout), Occupational Exposure to 
Ethylene Oxide, Grain Handling Facilities, and Cotton Dust. OSHA 
completed its review of Lockout/Tagout and published its report on 
January 30, 2000, concluding that the rule is necessary and should 
be continued without change. However, OSHA will revise the 
compliance directive for the Lockout/Tagout standard and develop 
and disseminate compliance assistance materials. OSHA has just 
completed its review of Cotton Dust and, on the recommendation of 
the Washed Cotton Task Force, has issued a direct final rule 
expanding the washed cotton partial exemption. OSHA expects to 
complete its review of the Ethylene Oxide standard in December 2000 
and to complete its review of the Grain Handling standard in 
January 2001.

    The Mine Safety and Health Administration (MSHA) conducted the 
review of its regulations in 30 CFR part 48 addressing Training and 
Retraining of Miners which has resulted in rulemaking.

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

Pension and Welfare Benefits Administration

    Bonding Rules Under ERISA (RIN 1210-AA82)

    Enforcement Pursuant to Section 502(6)(2) (RIN 1210-AA83)

    Civil Penalties Under ERISA Section 502(c)(2) (RIN 1210-AA84)

    Assessment of Civil Penalties Under ERISA Section 502(c)(2) 
(RIN 1210-AA85)

Occupational Safety and Health Administration

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

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

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

 Alexis M. Herman,

Secretary of Labor.

[[Page 74073]]



                                  Office of the Secretary--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
2137         Production or Disclosure of Information or Materials...............................     1290-AA17
----------------------------------------------------------------------------------------------------------------


                            Employment Standards Administration--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
2138         Defining and Delimiting the Term ``Any Employee Employed in a Bona Fide Executive,      1215-AA14
            Administrative, or Professional Capacity'' (ESA/W-H) (Reg Plan Seq. No. 73).........
2139         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.......................................
2140         Records To Be Kept by Employers Under the Fair Labor Standards Act.................     1215-AB03
2141         Implementation of the 1996 Amendments to the Fair Labor Standards Act..............     1215-AB13
2142         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.....................................................................
2143         Affirmative Action and Nondiscrimination Obligations of Contractors and                 1215-AB23
            Subcontractors Regarding Individuals With Disabilities..............................
2144         Affirmative Action and Nondiscrimination Obligations of Contractors and                 1215-AB24
            Subcontractors for Special Disabled Veterans and Veterans of the Vietnam Era........
2145         Affirmative Action and Nondiscrimination Obligations of Contractors and                 1215-AB27
            Subcontractors Regarding Special Disabled Veterans and Veterans of the Vietnam Era
            (Revised)...........................................................................
2146         Government Contractors: Nondiscrimination and Affirmative Action Obligations,           1215-AB28
            Executive Order 11246 (ESA/OFCCP) (Revised).........................................
2147         Longshore Act Medical Fee Schedule.................................................     1215-AB30
2148         Stock Options, Stock Appreciation Rights, and Bona Fide Employee Stock Purchase         1215-AB31
            Programs Under the Fair Labor Standards Act.........................................
----------------------------------------------------------------------------------------------------------------
References in boldface appear in the Regulatory Plan in Part II of this issue of the Federal Register.


                              Employment Standards Administration--Final Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
2149         Government Contractors: Nondiscrimination and Affirmative Action Obligations,           1215-AA01
            Executive Order 11246 (ESA/OFCCP) (Reg Plan Seq. No. 74)............................
2150         Child Labor Regulations, Orders, and Statements of Interpretation (ESA/W-H) (Reg        1215-AA09
            Plan Seq. No. 75)...................................................................
2151         Procedures for Predetermination of Wage Rates (29 CFR Part 1) and Labor Standards       1215-AA94
            Provisions Applicable to Contracts Covering Federally Financed and Assisted
            Construction (29 CFR Part 5) (Reg Plan Seq. No. 76).................................
2152         Black Lung Benefits Under the Federal Coal Mine Safety and Health Act of 1969, as       1215-AA99
            Amended.............................................................................
2153         Labor Condition Applications and Requirements for Employers Using Nonimmigrants on      1215-AB09
            H-1B Visas in Specialty Occupations and as Fashion Models...........................
2154         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.............................................................
2155         Service Contract Act Exemption for Certain Commercial Service Contracts............     1215-AB26
----------------------------------------------------------------------------------------------------------------
References in boldface appear in the Regulatory Plan in Part II of this issue of the Federal Register.


                             Employment Standards Administration--Long-Term Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
2156         Application of the Fair Labor Standards Act to Domestic Service....................     1215-AA82
2157         Assessment and Collection of User Fees.............................................     1215-AB06
----------------------------------------------------------------------------------------------------------------



[[Page 74074]]

                             Employment Standards Administration--Completed Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
2158         Standards for Waivers Under Section 503 of the Rehabilitation Act..................     1215-AA84
----------------------------------------------------------------------------------------------------------------


                           Employment and Training Administration--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
2159         Labor Certification Process for the Permanent Employment of Aliens in the United        1205-AA66
            States..............................................................................
2160         Federal-State Unemployment Compensation Program; Unemployment Insurance Performance     1205-AB10
            System..............................................................................
----------------------------------------------------------------------------------------------------------------


                            Employment and Training Administration--Final Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
2161         Trade Adjustment Assistance for Workers--Implementation of 1988 Amendments.........     1205-AB05
2162         Trade Adjustment Assistance for Workers--Transitional Adjustment Assistance NAFTA-      1205-AB07
            TAA.................................................................................
2163         Welfare-to-Work (WTW) Grants (Reg Plan Seq. No. 77)................................     1205-AB15
2164         Federal-State Unemployment Compensation (UC) Program; Confidentiality and               1205-AB18
            Disclosure of Information in State UC Records.......................................
2165         Labor Certification Process for the Permanent Employment of Aliens in the United        1205-AB25
            States; Refiling of Applications....................................................
2166         Attestations by Facilities Temporarily Employing H-1C Nonimmigrant Aliens as            1205-AB27
            Registered Nurses...................................................................
----------------------------------------------------------------------------------------------------------------
References in boldface appear in the Regulatory Plan in Part II of this issue of the Federal Register.


                            Employment and Training Administration--Long-Term Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
2167         Services to Migrant and Seasonal Farmworkers, Job Service Complaint System,             1205-AA37
            Monitoring, and Enforcement.........................................................
2168         Disaster Unemployment Assistance Program, Amendment to Regulations.................     1205-AB02
2169         Establishment of Fees for Immigration Programs Administered by the Employment and       1205-AB14
            Training Administration.............................................................
2170         Indian and Native American Welfare-to-Work Program.................................     1205-AB16
2171         Labor Certification and Petition Process for the Temporary Employment of                1205-AB24
            Nonimmigrant Aliens in Agriculture in the United States; Modification of Fee
            Structure...........................................................................
----------------------------------------------------------------------------------------------------------------


                            Employment and Training Administration--Completed Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
2172         Workforce Investment Act of 1998...................................................     1205-AB20
2173         Birth and Adoption Unemployment Compensation.......................................     1205-AB21
2174         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...........................................................
----------------------------------------------------------------------------------------------------------------


                           Pension and Welfare Benefits Administration--Prerule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
2175         Bonding Rules Under the Employee Retirement Income Security Act of 1974 (Section        1210-AA82
            610 Review).........................................................................
2176         Requests for Enforcement Pursuant to Section 502(b)(2) (Section 610 Review)........     1210-AA83
2177         Civil Penalties Under ERISA Section 502(c)(2) (Section 610 Review).................     1210-AA84

[[Page 74075]]

 
2178         Procedures for the Assessment of Civil Penalties under ERISA Section 502(c)(2)          1210-AA85
            (Section 610 Review)................................................................
----------------------------------------------------------------------------------------------------------------


                        Pension and Welfare Benefits Administration--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
2179         Definition of Collective Bargaining Agreement (ERISA Section 3(40))................     1210-AA48
2180         Rulemaking Relating to Notice Requirements for Continuation of Health Care Coverage     1210-AA60
2181         Prohibiting Discrimination Against Participants and Beneficiaries Based on Health       1210-AA77
            Status..............................................................................
2182         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
----------------------------------------------------------------------------------------------------------------
2183         Regulations Implementing the Health Care Access, Portability and Renewability           1210-AA54
            Provisions of the Health Insurance Portability and Accountability Act of 1996 (Reg
            Plan Seq. No. 78)...................................................................
2184         Amendment of Summary Plan Description and Related ERISA Regulations To Implement        1210-AA55
            Statutory Changes in the Health Insurance Portability and Accountability Act of 1996
            (Reg Plan Seq. No. 79)..............................................................
2185         Amendments to Employee Benefit Plan Claims Procedures Regulation (Reg Plan Seq. No.     1210-AA61
            80).................................................................................
2186         Health Care Standards for Mothers and Newborns.....................................     1210-AA63
2187         Reporting Requirements for MEWAs Providing Medical Care Benefits...................     1210-AA64
2188         Elimination of Filing Requirements for Summary Plan Descriptions...................     1210-AA66
2189         Requirement To Furnish Plan Documents Upon Request by the Secretary of Labor.......     1210-AA67
2190         Civil Penalty for Failure To Furnish Certain Plan Documents........................     1210-AA68
2191         Amendments to Summary Plan Description Regulations (Reg Plan Seq. No. 81)..........     1210-AA69
2192         Electronic Disclosure of Employee Benefit Plan Information.........................     1210-AA71
2193         National Medical Support Notice....................................................     1210-AA72
2194         Soft Dollar (Interpretive Bulletin)................................................     1210-AA74
2195         Rulemaking Relating to the Women's Health and Cancer Rights Act of 1998............     1210-AA75
2196         Voluntary Fiduciary Correction Program.............................................     1210-AA76
----------------------------------------------------------------------------------------------------------------
References in boldface appear in the Regulatory Plan in Part II of this issue of the Federal Register.


                         Pension and Welfare Benefits Administration--Long-Term Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
2197         Adequate Consideration.............................................................     1210-AA15
2198         Civil Penalties Under ERISA Section 502(1).........................................     1210-AA37
2199         Mental Health Benefits Parity......................................................     1210-AA62
2200         Individual Benefits Reporting Requirements for Defined Contribution Plans..........     1210-AA65
----------------------------------------------------------------------------------------------------------------


                         Pension and Welfare Benefits Administration--Completed Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
2201         Revision of the Form 5500 Series and Implementing and Related Regulations Under the     1210-AA52
            Employee Retirement Income Security Act of 1974 (ERISA).............................
2202         Small Pension Plan Security Amendments.............................................     1210-AA73
2203         Amendments Regarding Allocation of Fiduciary Responsibility; Federal Retirement         1210-AA79
            Thrift Investment Board.............................................................
----------------------------------------------------------------------------------------------------------------



[[Page 74076]]

                              Mine Safety and Health Administration--Prerule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
2204         Occupational Exposure to Coal Mine Dust (Lowering Exposure Limit)..................     1219-AB08
2205         Mine Rescue Teams..................................................................     1219-AB20
----------------------------------------------------------------------------------------------------------------


                           Mine Safety and Health Administration--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
2206         Metal/Nonmetal Impoundments........................................................     1219-AA83
2207         Surface Haulage....................................................................     1219-AA93
2208         Improving and Eliminating Regulations..............................................     1219-AA98
2209         Electrical Standards for Metal and Nonmetal Mines..................................     1219-AB01
2210         Respirable Crystalline Silica Standard.............................................     1219-AB12
2211         Safety Standards for Self-Contained Self-Rescue Devices in Coal and Metal/Nonmetal      1219-AB19
            Underground Mines...................................................................
2212         Surge and Storage Piles............................................................     1219-AB22
2213         Escapeways and Refuges.............................................................     1219-AB23
2214         Accident Investigation Hearing Procedures..........................................     1219-AB26
----------------------------------------------------------------------------------------------------------------


                             Mine Safety and Health Administration--Final Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
2215         Hazard Communication...............................................................     1219-AA47
2216         Diesel Particulate Matter (Exposure of Underground Coal Miners) (Reg Plan Seq. No.      1219-AA74
            82).................................................................................
2217         Longwall Equipment (Including High-Voltage)........................................     1219-AA75
2218         Independent Laboratory Testing.....................................................     1219-AA87
2219         Requirements for Approval of Flame-Resistant Conveyor Belts........................     1219-AA92
2220         Diesel Particulate Matter (Exposure of Underground Metal and Nonmetal Miners) (Reg      1219-AB11
            Plan Seq. No. 83)...................................................................
2221         Verification of Underground Coal Mine Operators' Dust Control Plans and Compliance      1219-AB14
            Sampling for Respirable Dust (Reg Plan Seq. No. 84).................................
2222         Determination of Concentration of Respirable Coal Mine Dust (Reg Plan Seq. No. 85).     1219-AB18
----------------------------------------------------------------------------------------------------------------
References in boldface appear in the Regulatory Plan in Part II of this issue of the Federal Register.


                            Mine Safety and Health Administration--Long-Term Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
2223         Air Quality, Chemical Substances, and Respiratory Protection Standards.............     1219-AA48
2224         Confined Spaces....................................................................     1219-AA54
2225         Belt Entry Use as Intake Aircourse To Ventilate Working Sections...................     1219-AA76
2226         Safety Standard Revisions for Underground Anthracite Mines.........................     1219-AA96
2227         Training and Retraining of Miners (Rulemaking Resulting From a Section 610 Review).     1219-AB02
2228         Verification of Surface Coal Mines Dust Control Plans..............................     1219-AB21
2229         Asbestos Exposure Limit............................................................     1219-AB24
----------------------------------------------------------------------------------------------------------------


            Office of the Assistant Secretary for Administration and Management--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
2230         Effectuation of Title VI of the Civil Rights Act of 1964 and Implementation of          1291-AA31
            Section 504 of the Rehabilitation Act of 1973.......................................
----------------------------------------------------------------------------------------------------------------



[[Page 74077]]

              Office of the Assistant Secretary for Administration and Management--Final Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
2231         Nondiscrimination on the Basis of Age in Programs and Activities Receiving Federal      1291-AA21
            Financial Assistance From the Department of Labor...................................
2232         Implementation of the Nondiscrimination and Equal Opportunity Requirements of the       1291-AA29
            Workforce Investment Act of 1998....................................................
----------------------------------------------------------------------------------------------------------------


             Office of the Assistant Secretary for Administration and Management--Long-Term Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
2233         Department of Labor Acquisition Regulation.........................................     1291-AA20
2234         Audits of States, Local Governments, and Nonprofit Organizations...................     1291-AA26
2235         Audit Requirements for Grants, Contracts, and Other Agreements.....................     1291-AA27
2236         Nondiscrimination on the Basis of Disability in Programs and Activities Receiving       1291-AA28
            or Benefiting From Federal Financial Assistance.....................................
2237         Grants and Agreements..............................................................     1291-AA30
----------------------------------------------------------------------------------------------------------------


             Office of the Assistant Secretary for Administration and Management--Completed Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
2238         Nondiscrimination on the Basis of Sex in Federally Assisted Programs and                1291-AA32
            Activities--Implementation of Title IX of the Education Amendments of 1972..........
----------------------------------------------------------------------------------------------------------------


                          Occupational Safety and Health Administration--Prerule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
2239         Occupational Exposure to Ethylene Oxide (Section 610 Review).......................     1218-AB60
2240         Process Safety Management of Highly Hazardous Chemicals............................     1218-AB63
2241         Grain Handling Facilities (Section 610 Review).....................................     1218-AB73
2242         Prevention of Needlestick and Other Sharps Injuries................................     1218-AB85
2243         Occupational Exposure to Perchloroethylene.........................................     1218-AB86
2244         Sanitation.........................................................................     1218-AB87
2245         Hearing Loss Prevention in Construction Workers....................................     1218-AB89
----------------------------------------------------------------------------------------------------------------


                       Occupational Safety and Health Administration--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
2246         Safety and Health Programs (for General Industry and the Maritime Industries) (Reg      1218-AB41
            Plan Seq. No. 86)...................................................................
2247         Occupational Exposure to Hexavalent Chromium (Preventing Occupational Illness:          1218-AB45
            Chromium)...........................................................................
2248         Confined Spaces in Construction (Part 1926): Preventing Suffocation/Explosions in       1218-AB47
            Confined Spaces.....................................................................
2249         Permissible Exposure Limits (PELs) for Air Contaminants............................     1218-AB54
2250         Plain Language Revision of the Flammable and Combustible Liquids Standard..........     1218-AB61
2251         Plain Language Revision of the Mechanical Power-Transmission Apparatus Standard....     1218-AB66
2252         Electric Power Transmission and Distribution; Electrical Protective Equipment in        1218-AB67
            the Construction Industry...........................................................
2253         Occupational Exposure to Crystalline Silica (Reg Plan Seq. No. 87).................     1218-AB70
2254         Standards Improvement (Miscellaneous Changes) for General Industry, Marine              1218-AB81
            Terminals, and Construction Standards (Phase II)....................................
2255         Plain Language Revisions to Spray Applications.....................................     1218-AB84
2256         Signs, Signals, and Barricades.....................................................     1218-AB88

[[Page 74078]]

 
2257         Changes to State Plans.............................................................     1218-AB91
----------------------------------------------------------------------------------------------------------------
References in boldface appear in the Regulatory Plan in Part II of this issue of the Federal Register.


                         Occupational Safety and Health Administration--Final Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
2258         Steel Erection (Part 1926) (Safety Protection for Ironworkers) (Reg Plan Seq. No.       1218-AA65
            88).................................................................................
2259         Glycol Ethers: 2-Methoxyethanol, 2-Ethoxyethanol, and Their Acetates: Protecting        1218-AA84
            Reproductive Health.................................................................
2260         Recording and Reporting Occupational Injuries and Illnesses (Simplified Injury/         1218-AB24
            Illness Recordkeeping Requirements) (Reg Plan Seq. No. 89)..........................
2261         Ergonomics Programs: Preventing Musculoskeletal Disorders (Reg Plan Seq. No. 90)...     1218-AB36
2262         Occupational Exposure to Tuberculosis (Reg Plan Seq. No. 91).......................     1218-AB46
2263         Employer Payment for Personal Protective Equipment (Reg Plan Seq. No. 92)..........     1218-AB77
2264         Consultation.......................................................................     1218-AB79
2265         Walking Working Surfaces and Personal Fall Protection Systems (1910) (Slips, Trips      1218-AB80
            and Fall Prevention)................................................................
2266         Plain Language Revisions to the Exit Routes Standard...............................     1218-AB82
2267         Cotton Dust: Washed Cotton Exemption (Rulemaking Resulting From a Section 610           1218-AB90
            Review).............................................................................
----------------------------------------------------------------------------------------------------------------
References in boldface appear in the Regulatory Plan in Part II of this issue of the Federal Register.


                        Occupational Safety and Health Administration--Long-Term Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
2268         Respiratory Protection (Proper Use of Modern Respirators)..........................     1218-AA05
2269         Longshoring and Marine Terminals (Parts 1917 and 1918) -- Reopening of the Record       1218-AA56
            (Vertical Tandem Lifts (VTLs))......................................................
2270         Scaffolds in Shipyards (Part 1915 -- Subpart N)....................................     1218-AA68
2271         Access and Egress in Shipyards (Part 1915, Subpart E) (Shipyards: Emergency Exits       1218-AA70
            and Aisles).........................................................................
2272         Accreditation of Training Programs for Hazardous Waste Operations (Part 1910)......     1218-AB27
2273         Indoor Air Quality in the Workplace................................................     1218-AB37
2274         General Working Conditions for Shipyard Employment.................................     1218-AB50
2275         Fire Protection in Shipyard Employment (Part 1915, Subpart P) (Shipyards: Fire          1218-AB51
            Safety).............................................................................
2276         Metalworking Fluids: Protecting Respiratory Health.................................     1218-AB58
2277         Fall Protection in the Construction Industry.......................................     1218-AB62
2278         Safety Standards for Scaffolds Used in the Construction Industry--Part II..........     1218-AB68
2279         Safety and Health Programs for Construction........................................     1218-AB69
2280         Control of Hazardous Energy (Lockout) in Construction (Part 1926) (Preventing           1218-AB71
            Construction Injuries/Fatalities: Lockout)..........................................
2281         Occupational Exposure to Beryllium.................................................     1218-AB76
2282         Consolidation of Records Maintenance Requirements in OSHA Standards................     1218-AB78
2283         Oil and Gas Well Drilling and Servicing............................................     1218-AB83
2284         Woodworking Machinery..............................................................     1218-AB92
2285         Ergonomics Programs in Construction (Part 1926): Preventing Work-Related                1218-AB94
            Musculoskeletal Disorders among Construction Workers................................
2286         Subpart S--Electrical Standards....................................................     1218-AB95
2287         Occupational Health Risks in the Manufacture and Assembly of Semiconductors........     1218-AB96
2288         Commercial Diving Operations: Technical Amendment..................................     1218-AB97
----------------------------------------------------------------------------------------------------------------



[[Page 74079]]

                        Occupational Safety and Health Administration--Completed Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
2289         Nationally Recognized Testing Laboratories Programs: Fees..........................     1218-AB57
2290         Revocation of Certification Records for Tests, Inspections, and Training...........     1218-AB65
2291         Cotton Dust (Completion of a Section 610 Review)...................................     1218-AB74
----------------------------------------------------------------------------------------------------------------


           Office of the Assistant Secretary for Veterans' Employment & Training--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
2292         Annual Report for Federal Contractors..............................................     1293-AA07
----------------------------------------------------------------------------------------------------------------

_______________________________________________________________________


Department of Labor (DOL)                           Proposed Rule Stage


Office of the Secretary (OS)



_______________________________________________________________________




2137. PRODUCTION OR DISCLOSURE OF INFORMATION OR MATERIALS

Priority: Substantive, Nonsignificant

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

CFR Citation: 29 CFR 70

Legal Deadline: None

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

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            01/00/01

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
_______________________________________________________________________


Department of Labor (DOL)                           Proposed Rule Stage


Employment Standards Administration (ESA)



_______________________________________________________________________




2138. DEFINING AND DELIMITING THE TERM ``ANY EMPLOYEE EMPLOYED IN A BONA 
FIDE EXECUTIVE, ADMINISTRATIVE, OR PROFESSIONAL CAPACITY'' (ESA/W-H)

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

RIN: 1215-AA14
_______________________________________________________________________




2139. 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

[[Page 74080]]

NPRM Comment Period End         10/10/95
Final Rule - Walsh-Healey/CWHSSA 
Rule                            08/05/96                    61 FR 40714
Second NPRM                     04/00/01

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
_______________________________________________________________________




2140. 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                            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-AB03
_______________________________________________________________________




2141. IMPLEMENTATION OF THE 1996 AMENDMENTS TO THE FAIR LABOR STANDARDS 
ACT

Priority: Other Significant

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

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

Legal Deadline: None

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

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            04/00/01

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
_______________________________________________________________________




2142. 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 a result of these 
court decisions and to address some situations not contemplated when 
the existing regulations were issued.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            09/21/00                    65 FR 57270
NPRM Comment Period End         10/23/00
Final Action                    04/00/01

Regulatory Flexibility Analysis Required: No

[[Page 74081]]

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
_______________________________________________________________________




2143. 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 regulations implementing section 
503 of the Rehabilitation Act of 1973, as amended, to conform to the 
recently revised section 60-1.20(a) of the regulations 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 regulations implementing the Vietnam Era 
Veterans' Readjustment Assistance Act (VEVRAA)).

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            11/00/00

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
_______________________________________________________________________




2144. AFFIRMATIVE ACTION AND NONDISCRIMINATION OBLIGATIONS OF 
CONTRACTORS AND SUBCONTRACTORS FOR SPECIAL DISABLED VETERANS AND 
VETERANS OF THE VIETNAM ERA

Priority: Substantive, Nonsignificant

Legal Authority: 38 USC 4211; 38 USC 4212; PL 102-16; PL 102-127; PL 
102-484; 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

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 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                            03/00/01

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: None

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

RIN: 1215-AB24
_______________________________________________________________________




2145. 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; PL 94-502; PL 97-306; PL 102-484; 38 USC 
4212; PL 93-508,amended; PL 96-466; PL 101-237; EO 11758; PL 98-223; PL 
102-16; PL 102-127; 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                            11/00/00

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
_______________________________________________________________________




2146. 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

[[Page 74082]]

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                            11/00/00

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
_______________________________________________________________________




2147. 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                            02/00/01

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

RIN: 1215-AB30
_______________________________________________________________________




2148.  STOCK OPTIONS, STOCK APPRECIATION RIGHTS, AND BONA FIDE 
EMPLOYEE STOCK PURCHASE PROGRAMS UNDER THE FAIR LABOR STANDARDS ACT

Priority: Other Significant

Legal Authority: 29 USC 207(e)(8); PL 106-202, sec 2(e)

CFR Citation: 29 CFR 546; 29 CFR 778

Legal Deadline: None

Abstract: The Worker Economic Opportunity Act, Public Law 106-202 (May 
18, 2000), amended section 7(e) of the Fair Labor Standards Act to 
clarify how certain employer-provided stock option programs are to be 
treated for purposes of overtime pay. Certain programs meeting 
prescribed criteria would not have to be factored into the ``regular 
rate'' otherwise required when calculating ``time-and-one-half'' 
overtime premium pay for overtime hours of work. The legislation calls 
for regulations to be promulgated as necessary, which will include 
amendments to some of the existing regulations on overtime pay.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            12/00/00

Regulatory Flexibility Analysis Required: Undetermined

Small Entities Affected: Businesses, Organizations

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-AB31

[[Page 74083]]

_______________________________________________________________________


Department of Labor (DOL)                              Final Rule Stage


Employment Standards Administration (ESA)



_______________________________________________________________________




2149. GOVERNMENT CONTRACTORS: NONDISCRIMINATION AND AFFIRMATIVE ACTION 
OBLIGATIONS, EXECUTIVE ORDER 11246 (ESA/OFCCP)

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

RIN: 1215-AA01
_______________________________________________________________________




2150. CHILD LABOR REGULATIONS, ORDERS, AND STATEMENTS OF INTERPRETATION 
(ESA/W-H)

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

RIN: 1215-AA09
_______________________________________________________________________




2151. PROCEDURES FOR PREDETERMINATION OF WAGE RATES (29 CFR PART 1) AND 
LABOR STANDARDS PROVISIONS APPLICABLE TO CONTRACTS COVERING FEDERALLY 
FINANCED AND ASSISTED CONSTRUCTION (29 CFR PART 5)

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

RIN: 1215-AA94
_______________________________________________________________________




2152. 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                        11/18/99                    64 FR 62997
Second NPRM Comment Period End  01/06/00
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
_______________________________________________________________________




2153. 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              11/00/00

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
_______________________________________________________________________




2154. MINIMUM WAGE AND OVERTIME VIOLATIONS--CIVIL MONEY PENALTIES (29 
CFR 578); CHILD LABOR VIOLATIONS--CIVIL MONEY PENALTIES (29 CFR 579); 
ADJUSTMENT OF CIVIL MONEY PENALTIES FOR INFLATION

Priority: Substantive, Nonsignificant

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

CFR Citation: 29 CFR 578; 29 CFR 579

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

Abstract: The Debt Collection Improvement Act of 1996 (PL 104-134) 
amended the Federal Civil Penalties Inflation Adjustment Act of 1990 
(PL 101-410) to require Federal agencies to adjust certain civil money 
penalties for inflation. The Department is proposing adjustments in the 
civil money penalties that may be assessed under section 16(e) of the 
Fair Labor Standards Act for (1) repeated or

[[Page 74084]]

willful violations of the minimum wage or overtime provisions; and (2) 
child labor violations. Any increase in the penalty amounts shall apply 
only to violations which occur after the effective date of the 
increase.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            12/28/98                    63 FR 71405
NPRM Comment Period End         01/27/99
Final Action                    11/00/00

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
_______________________________________________________________________




2155. 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 a now withdrawn final 
rule issued in the Federal Acquisition Regulation (FAR) that previously 
exempted all subcontracts for commercial services from the SCA based on 
the Federal Acquisition Streamlining Act.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            07/26/00                    65 FR 45943
Interim Final Rule              07/26/00
Interim Final Rule Effective    08/25/00
Final Action                    01/00/01

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
_______________________________________________________________________


Department of Labor (DOL)                             Long-Term Actions


Employment Standards Administration (ESA)



_______________________________________________________________________




2156. 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 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
_______________________________________________________________________




2157. ASSESSMENT AND COLLECTION OF USER FEES

Priority: Substantive, Nonsignificant

Legal Authority: PL 97-470; 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; 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

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: Title V of the Independent Offices Appropriations Act of 
1952, often referred to as the ``user fee

[[Page 74085]]

statute,'' and the Departments of Labor, Health and Human Services, and 
Education and Related Agencies Appropriation Act of 1995 (PL 103-333), 
authorize the Department 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 being considered 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                             To Be                       Determined

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
_______________________________________________________________________


Department of Labor (DOL)                             Completed Actions


Employment Standards Administration (ESA)



_______________________________________________________________________




2158. 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 has issued regulations that 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                    07/20/00                    65 FR 45174
Final Action Effective          08/21/00

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
_______________________________________________________________________


Department of Labor (DOL)                           Proposed Rule Stage


Employment and Training Administration (ETA)



_______________________________________________________________________




2159. 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 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                            12/00/00

Regulatory Flexibility Analysis Required: No

Government Levels Affected: Federal, State

Agency Contact: Dale Ziegler, Chief, Division of Foreign Labor 
Certification, Department of Labor, Employment and Training 
Administration, 200 Constitution Avenue NW., Room S4231, FP Building, 
Washington, DC 20210
Phone: 202 219-5263
Fax: 202 208-5844
Email: [email protected]

RIN: 1205-AA66
_______________________________________________________________________




2160. 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

[[Page 74086]]

duplication, or streamline requirements.

Legal Authority: 42 USC 503(a)(1); 42 USC 503(a)(6); 42 USC 503(b); 42 
USC 1302

CFR Citation: 20 CFR 602; 20 CFR 640; 20 CFR 650; 20 CFR 609.6(f); 20 
CFR 614.6(f); 20 CFR 614.7(c)

Legal Deadline: None

Abstract: This regulation will formally establish a comprehensive 
system for helping ensure continuous improvement in UI operational 
performance. It will enunciate as the system's building blocks 
principles for Federal and State cooperation, key nationwide 
performance measures, criteria distinguishing satisfactory from 
unsatisfactory performance, an annual planning process, and actions 
which the Department may take when a State fails to perform 
satisfactorily. This regulation will be as brief and general as 
possible; detail and measures, standards, criteria and plans will be 
contained in implementing handbooks.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           01/16/97                     62 FR 2543
ANPRM Comment Period End        03/17/97
NPRM                            01/00/01

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
_______________________________________________________________________


Department of Labor (DOL)                              Final Rule Stage


Employment and Training Administration (ETA)



_______________________________________________________________________




2161. 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                    03/00/01

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 C5311, 200 Constitution Avenue NW, FP Building, 
Washington, DC 20210
Phone: 202 693-3555

RIN: 1205-AB05
_______________________________________________________________________




2162. 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 (NAFTA) (PL 103-182) amends chapter 2 of title II of 
the Trade Act of 1974 by adding a new NAFTA 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                     60 FR 3472
Final Action                    06/00/01

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 C5311, 200 Constitution Avenue NW, FP Building, 
Washington, DC 20210
Phone: 202 693-3555

RIN: 1205-AB07
_______________________________________________________________________




2163. WELFARE-TO-WORK (WTW) GRANTS

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

RIN: 1205-AB15
_______________________________________________________________________




2164. FEDERAL-STATE UNEMPLOYMENT COMPENSATION (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 ch 
23; Secretary's Orders 4-75 and 14-75

CFR Citation: 20 CFR 603

Legal Deadline: None

[[Page 74087]]

Abstract: The Employment and Training Administration of the Department 
of Labor is preparing to issue an interim 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 interim 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

________________________________________________________________________

Interim Final Rule              03/00/01

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 10063 with comment period ending 5/22/92.

Agency Contact: Gerard Hildebrand, Department of Labor, Employment and 
Training Administration, 200 Constitution Avenue NW, C4518, FP 
Building, Washington, DC 20210
Phone: 202 219-5201
Email: [email protected]

RIN: 1205-AB18
_______________________________________________________________________




2165. 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                            07/26/00                    65 FR 46082
NPRM Comment Period End         08/25/00
Final Action                    12/00/00

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Dale Ziegler, Chief, Division of Foreign Labor 
Certification, Department of Labor, Employment and Training 
Administration, 200 Constitution Avenue NW., Room S4231, FP Building, 
Washington, DC 20210
Phone: 202 219-5263
Fax: 202 208-5844
Email: [email protected]

RIN: 1205-AB25
_______________________________________________________________________




2166. 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              08/22/00                    65 FR 51137
Interim Final Rule Comment 
Period End                      09/21/00
Interim Final Rule Effective    09/21/00
Final Action                    03/00/01

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

[[Page 74088]]

_______________________________________________________________________


Department of Labor (DOL)                             Long-Term Actions


Employment and Training Administration (ETA)



_______________________________________________________________________




2167. 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: Eric Johnson, Director, Office of Career Transition 
Assistance, Department of Labor, Employment and Training 
Administration, Room S4231, 200 Constitution Avenue NW, FP Building, 
Washington, DC 20210
Phone: 202 219-0316
Email: [email protected]

RIN: 1205-AA37
_______________________________________________________________________




2168. 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 December 8, 1994, soliciting 
comments for other changes. In the meantime the administration's 
Federal Government reinvention effort was initiated to, among other 
matters, make comunication 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                             To Be                       Determined

Regulatory Flexibility Analysis Required: No

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
_______________________________________________________________________




2169. 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: Assuming Congress provides the required authorization, the 
regulation would establish a new fee charged to employers for 
processing of alien labor certification applications. The user fee 
would be a government receipt and would be applied to Federal and State 
expenditures for Federal and State program administration in the State 
Unemployment Insurance and Employment Service account and the Program 
Operations Account in DOL's Employment and Training Administration 
(ETA).

Timetable: Next Action Undetermined

Regulatory Flexibility Analysis Required: No

Government Levels Affected: State, Local

Additional Information: Funding of ETA immigration programs has been 
reduced by 39 percent since FY 1995. The fee proceeds would be used to 
offset the costs of administering the alien labor certification 
program. However, in each of Fiscal Years 1999 and 2000 regular 
appropriations of $41 million would be required in addition to user 
fees to work off a large backlog of applications already in the 
pipeline and future growing backlogs created primarily by 
appropriations reduction in FY 1996 and 1997.

Agency Contact: Dale Ziegler, Chief, Division of Foreign Labor 
Certification, Department of Labor, Employment and Training 
Administration, 200 Constitution Avenue NW., Room S4231, FP Building, 
Washington, DC 20210
Phone: 202 219-5263
Fax: 202 208-5844
Email: [email protected]

RIN: 1205-AB14
_______________________________________________________________________




2170. 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; PL 106-113, Division B, section 1000(a)(4)

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.
Other, Statutory, January 1, 2000, For 1999 amendments.

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. New interim 
final regulations are being issued to implement changes made by the 
Welfare-to-Work and Child Support Amendments of 1999 and other 
legislation.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              04/01/98                    63 FR 15985
Interim Final Rule Effective    04/01/98                    63 FR 15985
Interim Final Rule Comment 
Period End                      06/01/98
Final Action                     To Be                       Determined

[[Page 74089]]

Regulatory Flexibility Analysis Required: No

Government Levels Affected: Tribal

Additional Information: Congress has changed eligibility criteria. A 
final rule will be published in conjunction with the State programs.

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
_______________________________________________________________________




2171. LABOR CERTIFICATION AND PETITION PROCESS FOR THE TEMPORARY 
EMPLOYMENT OF NONIMMIGRANT ALIENS IN AGRICULTURE IN THE UNITED STATES; 
MODIFICATION OF FEE STRUCTURE

Priority: Other Significant

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

CFR Citation: 8 CFR 655

Legal Deadline: None

Abstract: The Employment and Training Administration (ETA) of the 
Department of Labor (Department or DOL) proposes to amend its 
regulations relating to the temporary employment of nonimmigrant 
agricultural workers (H-2A workers) in the United States. The proposed 
amendments would require employers to submit fees for labor 
certification and the associated H-2A petitions with consolidated 
application form at the time of filing. The proposal also would modify 
the fee structure for labor certification. If the application is 
denied, both fees will be refunded to the employer. It is conceivable 
in rare instances that the statutory and regulatory standards for 
issuance of the certification will be met, but those applicable to the 
petition will not be met. In such occurrence, neither fee will be 
refunded because the certification fee is an issuance, while the 
petition fee is a processing fee.
Concurrently with the publication of this proposed rule, the Department 
is publishing an interim final rule with a request for comments setting 
forth the procedures and requirements for submission and processing of 
a consolidated Application for Temporary Agricultural Labor 
Certification and H-2A Petition (Form ETA 9079).

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            07/13/00                    65 FR 43545
NPRM Comment Period End         09/18/00
Final Action                     To Be                       Determined

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]

Dale Ziegler, Chief, Division of Foreign Labor Certification, 
Department of Labor, Employment and Training Administration, 200 
Constitution Avenue NW., Room S4231, FP Building, Washington, DC 20210
Phone: 202 219-5263
Fax: 202 208-5844
Email: [email protected]

RIN: 1205-AB24
_______________________________________________________________________


Department of Labor (DOL)                             Completed Actions


Employment and Training Administration (ETA)



_______________________________________________________________________




2172. WORKFORCE INVESTMENT ACT OF 1998

Priority: Other Significant

Legal Authority: Workforce Investment Act of 1998, sec 189(a); 506(c); 
29 USC 2939(a); 20 USC 9276(c)

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.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              04/15/99                    64 FR 18662
Interim Final Rule Effective    05/17/99                    64 FR 18662
Interim Final Rule Comment 
Period End                      07/14/99                    64 FR 18662
Final Action                    08/11/00                    65 FR 49293
Final Action Effective          09/11/00

Regulatory Flexibility Analysis Required: No

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 S4231, 200 Constitution Avenue NW, FP Building, 
Washington, DC 20210
Phone: 202 219-0316

[[Page 74090]]

Email: [email protected]

RIN: 1205-AB20
_______________________________________________________________________




2173. 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.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            12/03/99                    64 FR 67971
NPRM Comment Period End         02/12/00
Final Action                    06/13/00                    65 FR 37209
Final Action Effective          08/14/00

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
_______________________________________________________________________




2174. 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

________________________________________________________________________

Final Rule                      07/13/00                    65 FR 43538
Final Rule Effective            11/13/00

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Dale Ziegler, Chief, Division of Foreign Labor 
Certification, Department of Labor, Employment and Training 
Administration, 200 Constitution Avenue NW., Room S4231, FP Building, 
Washington, DC 20210
Phone: 202 219-5263
Fax: 202 208-5844
Email: [email protected]

RIN: 1205-AB23
_______________________________________________________________________


Department of Labor (DOL)                                 Prerule Stage


Pension and Welfare Benefits Administration (PWBA)



_______________________________________________________________________




2175.  BONDING RULES UNDER THE EMPLOYEE RETIREMENT INCOME 
SECURITY ACT OF 1974 (SECTION 610 REVIEW)

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

Legal Authority: 29 USC 1135; 29 USC 1112

CFR Citation: 29 CFR 2580

Legal Deadline: None

Abstract: PWBA is undertaking a review of the temporary bonding rules 
under section 412 of ERISA (29 CFR Part 2580) in accordance with the 
requirements of section 610 of the Regulatory Flexibility Act. The 
review will cover the continued need for the rules; the nature of 
complaints or comments received from the public concerning the rules; 
the complexity of the rules; the extent to which the rules overlap, 
duplicate or conflict 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 
industries affected by the rules. To facilitate review, PWBA invites 
interested persons to submit written comments on these matters.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Begin Review                    12/00/00
Comment Period End              03/00/01
End Review                      12/00/01

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: None

Federalism:  Undetermined

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

[[Page 74091]]

Constitution Avenue NW, FP Building, Washington, DC 20210
Phone: 202 219-7461

RIN: 1210-AA82
_______________________________________________________________________




2176.  REQUESTS FOR ENFORCEMENT PURSUANT TO SECTION 502(B)(2) 
(SECTION 610 REVIEW)

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

Unfunded Mandates: Undetermined

Legal Authority: 29 USC 1135; 29 USC 1132(b)(2)

CFR Citation: 29 CFR 2560.502-1

Legal Deadline: None

Abstract: PWBA is undertaking a review of its regulation relating to 
requests for enforcement pursuant to section 502(b)(2) of ERISA (29 CFR 
2560.502-1) in accordance with the requirements of section 610 of the 
Regulatory Flexibility Act. The review will cover the continued need 
for the rules; the nature of complaints or comments received from the 
public concerning the rules; the complexity of the rule; the extent to 
which the rules overlap, duplicate or conflict 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 industries affected by the rules. To facilitate review, PWBA invites 
interested persons to submit written comments on these matters.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Begin Review                    12/00/00
Comment Period End              03/00/01
End Review                      12/00/01

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: None

Federalism:  Undetermined

Agency Contact: Rudy Nuissl, Senior Pension Law Specialist, Department 
of Labor, Pension and Welfare Benefits Administration, N-5669, 200 
Constitution Avenue NW, FP Building, Washington, DC 20210
Phone: 202 219-7461

RIN: 1210-AA83
_______________________________________________________________________




2177.  CIVIL PENALTIES UNDER ERISA SECTION 502(C)(2) (SECTION 
610 REVIEW)

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

Unfunded Mandates: Undetermined

Legal Authority: 29 USC 1135; 29 USC 1132(c)(2)

CFR Citation: 29 CFR 2570.60 to 2570.71

Legal Deadline: None

Abstract: PWBA is undertaking a review of its regulations on civil 
penalties under section 502(c)(2) of ERISA (29 CFR 2560.502(c)(2) in 
accordance with the requirements of section 610 of the Regulatory 
Flexibility Act. The review will cover the continued need for the 
rules; the nature of complaints or comments received from the public 
concerning the rules; the complexity of the rules; the extent to which 
the rules overlap, duplicate or conflict 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 
industries affected by the rules. To facilitate review, PWBA invites 
interested persons to submit written comments on these matters.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Begin Review                    12/00/00
Comment Period End              03/00/01
End Review                      12/00/01

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: None

Federalism:  Undetermined

Agency Contact: Rudy Nuissl, Senior Pension Law Specialist, Department 
of Labor, Pension and Welfare Benefits Administration, N-5669, 200 
Constitution Avenue NW, FP Building, Washington, DC 20210
Phone: 202 219-7461

RIN: 1210-AA84
_______________________________________________________________________




2178.  PROCEDURES FOR THE ASSESSMENT OF CIVIL PENALTIES UNDER 
ERISA SECTION 502(C)(2) (SECTION 610 REVIEW)

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

Legal Authority: 29 USC 1135; 29 USC 1132(c)(2)

CFR Citation: 29 CFR 2570.1 et seq.

Legal Deadline: None

Abstract: PWBA is undertaking a review of its regulations relating to 
the procedures for the assessment of civil penalties under section 
502(c)(2) of ERISA (29 CFR 2570.60 et seq.) in accordance with the 
requirements of section 610 of the Regulatory Flexibility Act. The 
review will cover the continued need for the rules; the nature of 
complaints or comments received from the public concerning the rules; 
the complexity of the rules; the extent to which the rules overlap, 
duplicate or conflict 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 
industries affected by the rules. To facilitate review, PWBA invites 
interested persons to submit written comments on these matters.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Begin Review                    12/00/00
Comment Period End              03/00/01
End Review                      12/00/01

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: None

Federalism:  Undetermined

Agency Contact: Rudy Nuissl, Senior Pension Law Specialist, Department 
of Labor, Pension and Welfare Benefits Administration, N-5669, 200 
Constitution Avenue NW, FP Building, Washington, DC 20210
Phone: 202 219-7461

RIN: 1210-AA85

[[Page 74092]]

_______________________________________________________________________


Department of Labor (DOL)                           Proposed Rule Stage


Pension and Welfare Benefits Administration (PWBA)



_______________________________________________________________________




2179. 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
Notice Establishing Negotiated 
Rulemaking Advisory Committee   09/22/98                    63 FR 50542
Second NPRM                     11/00/00

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
_______________________________________________________________________




2180. 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                            06/00/01

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: 202 219-7461

RIN: 1210-AA60
_______________________________________________________________________




2181. 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; 52 FR 13139, April 21, 1987; 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

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 
under 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 interim guidance under 
HIPAA's nondiscrimination provisions. In addition, the rulemaking will 
contain proposed guidance on bona fide wellness programs.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              04/08/97                    62 FR 16894
Interim Final Rule Comment 
Period End                      07/07/97
NPRM                            12/00/00
Second Interim Final Rule       12/00/00

[[Page 74093]]

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 C5331, 200 
Constitution Avenue NW, FP Building, Washington, DC 20210
Phone: 202 219-7006

RIN: 1210-AA77
_______________________________________________________________________




2182. 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                            02/00/01

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
_______________________________________________________________________


Department of Labor (DOL)                              Final Rule Stage


Pension and Welfare Benefits Administration (PWBA)



_______________________________________________________________________




2183. REGULATIONS IMPLEMENTING THE HEALTH CARE ACCESS, PORTABILITY AND 
RENEWABILITY PROVISIONS OF THE HEALTH INSURANCE PORTABILITY AND 
ACCOUNTABILITY ACT OF 1996

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

RIN: 1210-AA54
_______________________________________________________________________




2184. AMENDMENT OF SUMMARY PLAN DESCRIPTION AND RELATED ERISA 
REGULATIONS TO IMPLEMENT STATUTORY CHANGES IN THE HEALTH INSURANCE 
PORTABILITY AND ACCOUNTABILITY ACT OF 1996

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

RIN: 1210-AA55
_______________________________________________________________________




2185. AMENDMENTS TO EMPLOYEE BENEFIT PLAN CLAIMS PROCEDURES REGULATION

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

RIN: 1210-AA61
_______________________________________________________________________




2186. 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.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              10/27/98                    63 FR 57546
Final Action                    09/00/01

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 C5331, 200 
Constitution Avenue NW, FP Building, Washington, DC 20210
Phone: 202 219-7006

RIN: 1210-AA63
_______________________________________________________________________




2187. 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

[[Page 74094]]

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 
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                    06/00/01

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 C5331, 200 
Constitution Avenue NW, FP Building, Washington, DC 20210
Phone: 202 219-7006

RIN: 1210-AA64
_______________________________________________________________________




2188. 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                    12/00/00

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
_______________________________________________________________________




2189. 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, sec 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                    12/00/00

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-AA67
_______________________________________________________________________




2190. 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                    12/00/00

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


_______________________________________________________________________



[[Page 74095]]

2191. AMENDMENTS TO SUMMARY PLAN DESCRIPTION REGULATIONS

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

RIN: 1210-AA69
_______________________________________________________________________




2192. ELECTRONIC DISCLOSURE OF EMPLOYEE BENEFIT PLAN INFORMATION

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

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

CFR Citation: 29 CFR 2520.104b

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

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

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

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

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
_______________________________________________________________________




2193. 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.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            11/15/99                    64 FR 62054
Comment Period End              02/14/00
Final Action                    10/00/00

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
_______________________________________________________________________




2194. SOFT DOLLAR (INTERPRETIVE BULLETIN)

Priority: Other Significant

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

CFR Citation: 29 CFR 2509.98-2

Legal Deadline: None

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

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interpretive Bulletin           06/00/01

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
_______________________________________________________________________




2195. 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              06/00/01

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 C5331, 200 
Constitution Avenue NW, FP Building, Washington, DC 20210

[[Page 74096]]

Phone: 202 219-7006

RIN: 1210-AA75
_______________________________________________________________________




2196. 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                    03/00/01

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
_______________________________________________________________________


Department of Labor (DOL)                             Long-Term Actions


Pension and Welfare Benefits Administration (PWBA)



_______________________________________________________________________




2197. 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
_______________________________________________________________________




2198. CIVIL PENALTIES UNDER ERISA SECTION 502(1)

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

Unfunded Mandates: Undetermined

Legal Authority: 29 USC 1132

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

Legal Deadline: None

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

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

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


Next Action Undetermined

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: None

Agency Contact: Vicki Shteir-Dunn, Staff Attorney, Plan Benefits 
Security Division, Department of Labor, Pension and Welfare Benefits 
Administration, Room N4638, 200 Constitution Avenue NW, FP Building, 
Washington, DC 20210
Phone: 202 219-8610

RIN: 1210-AA37
_______________________________________________________________________




2199. 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

[[Page 74097]]

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 provides guidance with regard to 
the provisions of the MHPA.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              12/22/97                    62 FR 66932


Next Action Undetermined

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 
C5331, 200 Constitution Avenue NW, FP Building, Washington, DC 20210
Phone: 202 219-7006

RIN: 1210-AA62
_______________________________________________________________________




2200. 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
_______________________________________________________________________


Department of Labor (DOL)                             Completed Actions


Pension and Welfare Benefits Administration (PWBA)



_______________________________________________________________________




2201. REVISION OF THE FORM 5500 SERIES AND IMPLEMENTING AND RELATED 
REGULATIONS UNDER THE EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974 
(ERISA)

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

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 conducted a 
comprehensive review of the annual return/report forms to streamline 
the information required to be reported and the methods by which such 
information is filed and processed.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Proposed Forms Revisions        09/03/97                    62 FR 46556
Proposed Forms Comment Period 
End                             11/03/97
NPRM 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             04/19/00                    65 FR 21068
Final Action Effective          05/19/00

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
_______________________________________________________________________




2202. 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

[[Page 74098]]

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                    10/19/00                    65 FR 62957
Final Action Effective          12/18/00

Regulatory Flexibility Analysis Required: Yes

Small Entities Affected: Businesses

Government Levels Affected: None

Additional Information: Amendments made by this rule are applicable as 
of the first plan year beginning after April 17, 2001.

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
_______________________________________________________________________




2203. 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 amended the Department's 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 also update the definition of investment manager and make 
other miscellaneous changes to 29 Part 2584.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Direct Final Rule               05/30/00                    65 FR 34393
Comment Period End              06/29/00
Final Rule Effective            07/14/00

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 
Constitution Avenue NW, FP Building, Washington, DC 20210
Phone: 202 219-7461

RIN: 1210-AA79
_______________________________________________________________________


Department of Labor (DOL)                                 Prerule Stage


Mine Safety and Health Administration (MSHA)



_______________________________________________________________________




2204. 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                           01/00/01

Regulatory Flexibility Analysis Required: Yes

Small Entities Affected: Businesses

Government Levels Affected: None

Agency Contact: Carol J. Jones, 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
_______________________________________________________________________




2205. MINE RESCUE TEAMS

Priority: Substantive, Nonsignificant

Unfunded Mandates: Undetermined

Legal Authority: 30 USC 811; 30 USC 825

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                           02/00/01

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: None

Agency Contact: Carol J. Jones, 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 74099]]

_______________________________________________________________________


Department of Labor (DOL)                           Proposed Rule Stage


Mine Safety and Health Administration (MSHA)



_______________________________________________________________________




2206. METAL/NONMETAL IMPOUNDMENTS

Priority: Other Significant

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                            06/00/01

Regulatory Flexibility Analysis Required: Yes

Small Entities Affected: Businesses

Government Levels Affected: None

Agency Contact: Carol J. Jones, 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
_______________________________________________________________________




2207. 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 surface mining 
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 for both coal and 
metal and nonmetal surface mines and surface areas of underground 
mines.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           07/30/98                    63 FR 40800
NPRM                            03/00/01

Regulatory Flexibility Analysis Required: Yes

Small Entities Affected: Businesses

Government Levels Affected: None

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

RIN: 1219-AA93
_______________________________________________________________________




2208. 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 5 Miscellaneous 
Technology Improvements         03/00/01

Regulatory Flexibility Analysis Required: Yes

Small Entities Affected: Businesses

Government Levels Affected: None

Agency Contact: Carol J. Jones, 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
_______________________________________________________________________




2209. 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 specify 
the proper equipment grounding.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            04/00/01

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: None

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

RIN: 1219-AB01
_______________________________________________________________________




2210. RESPIRABLE CRYSTALLINE SILICA STANDARD

Priority: Substantive, Nonsignificant

Legal Authority: 30 USC 811; 30 USC 813

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.

[[Page 74100]]

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, 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
_______________________________________________________________________




2211. 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 57; 30 CFR 75

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 may propose to 
apply SCSR standards to metal and nonmetal mines.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           07/07/99                    64 FR 36632
NPRM                            03/00/01

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, 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
_______________________________________________________________________




2212.  SURGE AND STORAGE PILES

Priority: Substantive, Nonsignificant

Legal Authority: 30 USC 811

CFR Citation: 30 CFR 77.209

Legal Deadline: None

Abstract: MSHA has documented a number of accidents involving miners 
operating vehicles and equipment on surge piles. The current standard 
only prohibits persons from walking or standing on or around surge or 
storage piles where a hazard may exist. We are considering rulemaking 
to expand the existing standard to address vehicles and equipment.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            03/00/01

Regulatory Flexibility Analysis Required: Yes

Small Entities Affected: Businesses

Government Levels Affected: None

Agency Contact: Carol J. Jones, 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-AB22
_______________________________________________________________________




2213.  ESCAPEWAYS AND REFUGES

Priority: Other Significant

Legal Authority: 5 USC 811

CFR Citation: 30 CFR 57

Legal Deadline: None

Abstract: This standard would revise and clarify an existing standard 
that requires underground metal and nonmetal mines to have at least two 
separate exits to the surface. Because of the physical limits in 
underground mines, fire, massive ground fall, methane ignition, 
inundation, for example, could result in multiple entrapment deaths. A 
second escapeway increases the likelihood that miners will not be 
trapped underground during an emergency if one escape route is cut off.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            07/00/01

Regulatory Flexibility Analysis Required: Undetermined

Small Entities Affected: Businesses

Government Levels Affected: None

Agency Contact: Carol J. Jones, 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-AB23
_______________________________________________________________________




2214.  ACCIDENT INVESTIGATION HEARING PROCEDURES

Priority: Info./Admin./Other

Legal Authority: 30 USC 957

CFR Citation: Not Yet Determined

Legal Deadline: None

Abstract: The rule is designed to clarify and codify accident 
investigation hearing procedures. The rule addresses all hearings 
convened by the Secretary of Labor for the purpose of investigating any 
accident or other occurrence relating to the health or safety of miners 
pursuant to section 103(b) of the Federal Mine Safety and Health Act of 
1977.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            01/00/01

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: Undetermined

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

[[Page 74101]]

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

RIN: 1219-AB26
_______________________________________________________________________


Department of Labor (DOL)                              Final Rule Stage


Mine Safety and Health Administration (MSHA)



_______________________________________________________________________




2215. 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
Reopen Record                   03/30/99                    64 FR 15144
Interim Final Rule              10/03/00                    65 FR 59048
Interim Final Rule Effective    10/03/00
Interim Final Rule Comment 
Period End                      11/17/00
Final Action                    01/00/01

Regulatory Flexibility Analysis Required: Yes

Small Entities Affected: Businesses

Government Levels Affected: Federal, State, Local, Tribal

Agency Contact: Carol J. Jones, 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
_______________________________________________________________________




2216. DIESEL PARTICULATE MATTER (EXPOSURE OF UNDERGROUND COAL MINERS)

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

RIN: 1219-AA74
_______________________________________________________________________




2217. 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                      10/23/92                    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                    60 FR 57203
Reopen Record                   12/28/99                    64 FR 72620
Comment Period End              02/28/00
Final Rule                      03/00/01

Regulatory Flexibility Analysis Required: Yes

Small Entities Affected: Businesses

Government Levels Affected: None

Agency Contact: Carol J. Jones, 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
_______________________________________________________________________




2218. 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 29; 30 CFR 33; 30 CFR 35; 30 CFR 18; 30 
CFR 19; 30 CFR 20; 30 CFR 22; 30 CFR 23; 30 CFR 26; 30 CFR 27; 30 CFR 
28

Legal Deadline: None

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.

[[Page 74102]]

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                    61 FR 15743
Final Action                    06/00/01

Regulatory Flexibility Analysis Required: Yes

Small Entities Affected: Businesses

Government Levels Affected: Federal

Agency Contact: Carol J. Jones, 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
_______________________________________________________________________




2219. 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 evaluate their resistance to fire ignition and 
propagation. The proposal would also require purchase of the improved 
belts after one year.

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                    03/00/01

Regulatory Flexibility Analysis Required: Yes

Small Entities Affected: Businesses

Government Levels Affected: None

Agency Contact: Carol J. Jones, 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
_______________________________________________________________________




2220. DIESEL PARTICULATE MATTER (EXPOSURE OF UNDERGROUND METAL AND 
NONMETAL MINERS)

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

RIN: 1219-AB11
_______________________________________________________________________




2221. VERIFICATION OF UNDERGROUND COAL MINE OPERATORS' DUST CONTROL 
PLANS AND COMPLIANCE SAMPLING FOR RESPIRABLE DUST

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

RIN: 1219-AB14
_______________________________________________________________________




2222. DETERMINATION OF CONCENTRATION OF RESPIRABLE COAL MINE DUST

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

RIN: 1219-AB18
_______________________________________________________________________


Department of Labor (DOL)                             Long-Term Actions


Mine Safety and Health Administration (MSHA)



_______________________________________________________________________




2223. 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
NPRM Phase 3 - PELs              To Be                       Determined
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, 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
_______________________________________________________________________




2224. CONFINED SPACES

Priority: Other Significant

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

[[Page 74103]]

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
NPRM                             To Be                       Determined

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: None

Agency Contact: Carol J. Jones, 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
_______________________________________________________________________




2225. 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 modification.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            12/00/01

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, 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
_______________________________________________________________________




2226. 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 
address anthracite coal mining because of the significant differences 
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 
would 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, 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
_______________________________________________________________________




2227. 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
NPRM                             To Be                       Determined
End Review                       To Be                       Determined

[[Page 74104]]

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, 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
_______________________________________________________________________




2228.  VERIFICATION OF SURFACE COAL MINES DUST CONTROL PLANS

Priority: Other Significant

Legal Authority: Not Yet Determined

CFR Citation: 30 CFR 71

Legal Deadline: None

Abstract: MSHA recognizes that the Secretary of Labor's Advisory 
Committee on the Elimination of Pneumoconiosis Among Coal Workers made 
several recommendations that also impact surface coal mine workers.
These surface coal mine issues will be addressed by the agency in a 
separate rulemaking which is currently underway. The scope of that 
rulemaking will include many issues that are addressed in the 
underground rule including requirements for dust control plans, 
verification of dust control plans prior to approval, on shift 
examination of dust control measures, and the elimination of operator 
sampling for compliance purposes.

Timetable: Next Action Undetermined

Regulatory Flexibility Analysis Required: Yes

Small Entities Affected: Businesses

Government Levels Affected: None

Agency Contact: Carol J. Jones, 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-AB21
_______________________________________________________________________




2229.  ASBESTOS EXPOSURE LIMIT

Priority: Other Significant

Legal Authority: 30 USC 811; 30 USC 813

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

Legal Deadline: None

Abstract: Exposure to asbestos can cause lung cancer and may lead to 
cancers of the digestive system. MSHA's asbestos standard is 20 years 
old and recent scientific data indicates our permissible exposure limit 
(PEL) could be more protective. We are considering rulemaking to lower 
the asbestos PEL because miners may be at risk of developing asbestos-
induced occupational lung disease.

Timetable: Next Action Undetermined

Regulatory Flexibility Analysis Required: Undetermined

Small Entities Affected: Businesses

Government Levels Affected: None

Agency Contact: Carol J. Jones, 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-AB24
_______________________________________________________________________


Department of Labor (DOL)                           Proposed Rule Stage


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



_______________________________________________________________________




2230.  EFFECTUATION OF TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 
AND IMPLEMENTATION OF SECTION 504 OF THE REHABILITATION ACT OF 1973

Priority: Substantive, Nonsignificant

Legal Authority: 42 USC 2000(d); 29 USC 794

CFR Citation: 29 CFR 31; 29 CFR 32

Legal Deadline: None

Abstract: This proposal would incorporate into 29 CFR parts 31 and 32 
the term ``program or activity'' and the definition of that term as it 
was defined in the Civil Rights Restoration Act of 1987. Part 31 
effectuates title VI of the Civil Rights Act of 1964, which prohibits 
discrimination on the basis of race, color or national origin in 
programs or activities that receive financial assistance from the 
Department of Labor. Part 32 implements section 504 of the 
Rehabilitation Act of 1973, which prohibits discrimination on the basis 
of disability in programs or activities that receive financial 
assistance from the Department of Labor.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            12/00/00

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: Undetermined

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-AA31

[[Page 74105]]

_______________________________________________________________________


Department of Labor (DOL)                              Final Rule Stage


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



_______________________________________________________________________




2231. 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                    63 FR 71714
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
_______________________________________________________________________




2232. 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 1998 (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
_______________________________________________________________________


Department of Labor (DOL)                             Long-Term Actions


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



_______________________________________________________________________




2233. 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 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

[[Page 74106]]

N5425, 200 Constitution Avenue NW, FP Building, Washington, DC 20210
Phone: 202 219-9174
Fax: 202 219-9440
Email: [email protected]

RIN: 1291-AA20
_______________________________________________________________________




2234. 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 nonprofit 
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                    64 FR 14537
Interim Final Rule Comment 
Period End                      05/24/99                    64 FR 14537
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
_______________________________________________________________________




2235. 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                    64 FR 14537
Interim Final Rule Comment 
Period End                      05/24/99                    64 FR 14537
Final Action                     To Be                       Determined

Regulatory Flexibility Analysis Required: No

Government Levels Affected: State, Local

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

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

RIN: 1291-AA27
_______________________________________________________________________




2236. 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                             To Be                       Determined

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-AA28
_______________________________________________________________________




2237. 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 agencies in 
establishing revised regulations for Grants. Congress included a two-

[[Page 74107]]

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 nonprofit 
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


Next Action Undetermined

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)                             Completed Actions


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



_______________________________________________________________________




2238.  NONDISCRIMINATION ON THE BASIS OF SEX IN FEDERALLY 
ASSISTED PROGRAMS AND ACTIVITIES--IMPLEMENTATION OF TITLE IX OF THE 
EDUCATION AMENDMENTS OF 1972

Priority: Other Significant

Legal Authority: 20 USC 1682 et seq

CFR Citation: 29 CFR 36

Legal Deadline: None

Abstract: On June 17, 1980, the Department published a proposed 
regulation to implement the requirements of title IX of the Education 
Amendments of 1972, as amended, which prohibits discrimination on the 
basis of an individual's sex in federally assisted educational 
programs. That regulation was never issued in final form. As a result 
of subsequent statutory amendments, it is necessary to revise the prior 
proposed title IX regulation and begin a new rulemaking process. The 
Department's regulation will be published as a common rule with other 
agencies that need title IX regulations.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            10/29/99                    64 FR 58567
NPRM Comment Period End         12/28/99
Final Action                    08/30/00                    65 FR 52858
Final Action Effective          09/29/00

Regulatory Flexibility Analysis Required: No

Government Levels Affected: State, Local

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-AA32
_______________________________________________________________________


Department of Labor (DOL)                                 Prerule Stage


Occupational Safety and Health Administration (OSHA)



_______________________________________________________________________




2239. 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                  12/00/00

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: 202 693-2222
Fax: 202 693-1663

RIN: 1218-AB60


_______________________________________________________________________



[[Page 74108]]

2240. 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 October, 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                 10/00/00
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: 202 693-2222
Fax: 202 693-1663

RIN: 1218-AB63
_______________________________________________________________________




2241. 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

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
_______________________________________________________________________




2242. 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 beforehand.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           03/00/01

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-AB85


_______________________________________________________________________



[[Page 74109]]

2243. 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 (ANPRM) 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. It will also 
request information on the health risks posed to workers by alternative 
processes and solvents, including new detergent formulations.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           06/00/01

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: None

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

RIN: 1218-AB86
_______________________________________________________________________




2244. 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
_______________________________________________________________________




2245. 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 section 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                           12/00/00

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: None

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

RIN: 1218-AB89

[[Page 74110]]

_______________________________________________________________________


Department of Labor (DOL)                           Proposed Rule Stage


Occupational Safety and Health Administration (OSHA)



_______________________________________________________________________




2246. SAFETY AND HEALTH PROGRAMS (FOR GENERAL INDUSTRY AND THE MARITIME 
INDUSTRIES)

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

RIN: 1218-AB41
_______________________________________________________________________




2247. 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                            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-AB45
_______________________________________________________________________




2248. 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
_______________________________________________________________________




2249. 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.
OSHA believes 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. OSHA published (61 FR

[[Page 74111]]

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. 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.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            06/00/01

Regulatory Flexibility Analysis Required: No

Government Levels Affected: Undetermined

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

RIN: 1218-AB54
_______________________________________________________________________




2250. 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                            04/00/01

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: 202 693-2222
Fax: 202 693-1663

RIN: 1218-AB61
_______________________________________________________________________




2251. 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 29 CFR part 1910 for 
revision as part of the President's initiative on Federal regulations 
discussed in the U.S. Department of Labor Report of June 15, 1995 and 
to respond to the President's June 1998 Executive Memo on Plain 
Language. OSHA intends to propose a plain language revision of the 
rule.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM - Mechanical Power-
Transmission Apparatus          06/00/01

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: 202 693-2222
Fax: 202 693-1663

RIN: 1218-AB66
_______________________________________________________________________




2252. 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

[[Page 74112]]

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                            06/00/01

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: 202 693-2222
Fax: 202 693-1663

RIN: 1218-AB67
_______________________________________________________________________




2253. OCCUPATIONAL EXPOSURE TO CRYSTALLINE SILICA

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

RIN: 1218-AB70
_______________________________________________________________________




2254. 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 to 
1910.1052; 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                            12/00/00

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: 202 693-2222
Fax: 202 693-1663

RIN: 1218-AB81
_______________________________________________________________________




2255. PLAIN LANGUAGE REVISIONS TO SPRAY APPLICATIONS

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); 29 USC 657

CFR Citation: 29 CFR 1910.107; 29 CFR 1910.94(c) and (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                            12/00/00

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: 202 693-2222
Fax: 202 693-1663

RIN: 1218-AB84
_______________________________________________________________________




2256. 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

[[Page 74113]]

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                            12/00/00

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
_______________________________________________________________________




2257.  CHANGES TO STATE PLANS

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 667

CFR Citation: 29 CFR 1953

Legal Deadline: None

Abstract: Section 18 of the Occupational Safety and Health Act of 1970 
(the Act), 29 U.S.C. 667, provides that States that wish to assume 
responsibility for developing and enforcing their own occupational 
safety and health standards relating to any occupational safety or 
health issue may do so by submitting and obtaining Federal approval of 
a State plan. A State plan consists of the laws, standards and other 
regulations, and procedures under which the State operates its 
occupational safety and health program. From time to time after initial 
plan approval, States may make changes to their plans as a result of 
legislative, regulatory or administrative actions. If the State makes a 
change to its plan which differs from the Federal program, the State 
must notify OSHA of the change to its plan which differs from the 
Federal program (referred to as a plan supplement). OSHA then reviews 
the changes; if they meet the approval criteria OSHA publishes a notice 
announcing the approval of the change; if the change does not meet the 
criteria OSHA initiates procedures to reject the change.
OSHA is proposing to amend its regulations regarding State plan changes 
to streamline the review and approval process and to allow more 
organizational flexibility in this process. Changes which are identical 
to components of the Federal program would not require formal review. 
The proposal also would reorganize 29 CFR part 1953 to eliminate 
repetitive language. Cross references to part 1953 in the CFR would be 
changed as necessary to reflect the correct references.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            10/00/00

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: State, Federal

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-AB91
_______________________________________________________________________


Department of Labor (DOL)                              Final Rule Stage


Occupational Safety and Health Administration (OSHA)



_______________________________________________________________________




2258. STEEL ERECTION (PART 1926) (SAFETY PROTECTION FOR IRONWORKERS)

 Regulatory Plan: This entry is Seq. No. 88 in Part II of this issue of 
the Federal Register.

RIN: 1218-AA65
_______________________________________________________________________




2259. 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: 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


_______________________________________________________________________



[[Page 74114]]

2260. RECORDING AND REPORTING OCCUPATIONAL INJURIES AND ILLNESSES 
(SIMPLIFIED INJURY/ILLNESS RECORDKEEPING REQUIREMENTS)

 Regulatory Plan: This entry is Seq. No. 89 in Part II of this issue of 
the Federal Register.

RIN: 1218-AB24
_______________________________________________________________________




2261. ERGONOMICS PROGRAMS: PREVENTING MUSCULOSKELETAL DISORDERS

 Regulatory Plan: This entry is Seq. No. 90 in Part II of this issue of 
the Federal Register.

RIN: 1218-AB36
_______________________________________________________________________




2262. OCCUPATIONAL EXPOSURE TO TUBERCULOSIS

 Regulatory Plan: This entry is Seq. No. 91 in Part II of this issue of 
the Federal Register.

RIN: 1218-AB46
_______________________________________________________________________




2263. EMPLOYER PAYMENT FOR PERSONAL PROTECTIVE EQUIPMENT

 Regulatory Plan: This entry is Seq. No. 92 in Part II of this issue of 
the Federal Register.

RIN: 1218-AB77
_______________________________________________________________________




2264. CONSULTATION

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 Rule                      12/00/00

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

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
_______________________________________________________________________




2265. 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 has analyzed the record and determined that it 
is appropriate to move forward with a final rule addressing personal 
fall protection requirements (subpart I of 29 CFR 1910). The Agency 
intends to issue a final rule in 2001.

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
Final Rule (Subpart I)          09/00/01

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: 202 693-2222
Fax: 202 693-1663

RIN: 1218-AB80
_______________________________________________________________________




2266. 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                      12/00/00

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: 202 693-2222
Fax: 202 693-1663

RIN: 1218-AB82
_______________________________________________________________________




2267.  COTTON DUST: WASHED COTTON EXEMPTION (RULEMAKING 
RESULTING FROM A SECTION 610 REVIEW)

Priority: Substantive, Nonsignificant

Reinventing Government: This rulemaking is part of the Reinventing

[[Page 74115]]

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 1910.1043(n)

Legal Deadline: None

Abstract: OSHA has completed a Lookback Review of the Cotton Dust 
Standard pursuant to Section 610 of the Regulatory Flexibility Act and 
Section 5 of Executive Order 12866. As part of that review OSHA 
requested public comments (63 FR 32140, June 22, 1998) and held two 
public meetings. During that review commenters representing the 
National Institute for Occupational Safety and Health (NIOSH), the 
Washed Cotton Task Force, and industry and union representatives on the 
task force recommended that OSHA expand the washed cotton partial 
exemption that appears in the cotton dust standard.
Raw cotton washed according to certain protocols creates a much lower 
risk of byssinosis, and the current cotton dust standard at 29 CFR 
1910.1043(n) provides a partial exemption from the standard for such 
washed cotton. The Washed Cotton Task Force, made up of representatives 
of government, industry and unions, has sponsored research which 
demonstrates that cotton washed pursuant to an additional process, 
batch kier washing following a specific protocol, also creates a much 
lower risk of byssinosis.
One of the purposes of a Lookback Review is to streamline regulation 
when that is appropriate based on experience or new science. Expanding 
the washed cotton partial exemption is supported by new science and 
seems generally to be supported by the affected community. Accordingly, 
OSHA intends to promptly issue a direct final rule to expand the 
partial exemption from the cotton dust standard to batch kier washed in 
accordance with the protocol recommended by the Task Force.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Direct Final Rule               10/00/00

Regulatory Flexibility Analysis Required: No

Small Entities Affected: Businesses

Government Levels Affected: None

Additional Information: Will permit cotton textile mills, many of which 
are small businesses pursuant to the SBA definition, to choose an 
option which will reduce their costs to comply with OSHA's cotton dust 
standard.

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-AB90
_______________________________________________________________________


Department of Labor (DOL)                             Long-Term Actions


Occupational Safety and Health Administration (OSHA)



_______________________________________________________________________




2268. 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
Final Rule                      01/08/98                     63 FR 1152
Final Rule Effective            04/08/98                     63 FR 1152
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, 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-AA05
_______________________________________________________________________




2269. 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

[[Page 74116]]

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 2001.

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 on VTLs - 1/27/
1998                            10/09/97                    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: 202 693-2222
Fax: 202 693-1663

RIN: 1218-AA56
_______________________________________________________________________




2270. 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                 04/12/94                    59 FR 17290
Comment Period Ended            06/13/94


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: 202 693-2222
Fax: 202 693-1663

RIN: 1218-AA68
_______________________________________________________________________




2271. ACCESS AND EGRESS IN SHIPYARDS (PART 1915, SUBPART E) (SHIPYARDS: 
EMERGENCY EXITS AND AISLES)

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

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

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

CFR Citation: 29 CFR 1915.72; 29 CFR 1915.74; 29 CFR 1915.75; 29 CFR 
1915.76

Legal Deadline: None

Abstract: In the 1980s, OSHA embarked on a project to update and 
consolidate OSHA standards that applied to the shipbuilding, 
shiprepair, and shipbreaking industry. Shipyard employers are subject 
to both the shipyard and general industry standards, and this project 
aimed at establishing a vertical standard for shipyard employment by 
addressing six subparts (Confined Spaces, Welding, Access/Egress, 
Personal Protective Equipment, Fall Protection and Scaffolding). 
Proposals on these subparts were issued in November 1988 (53 FR 48092). 
Final rules have been issued on two of these proposals: Personal 
Protective Equipment and Confined Spaces. The remaining subparts in 
part 1915 were categorized as Phase II of the consolidation project 
(including General Working Conditions and Fire Protection).
This standard will revise the existing shipyard employment standards 
covering access and egress and will consolidate all related and 
applicable 29 CFR part 1910 provisions into 29 CFR part 1915. The 
revision will develop, in part, performance-oriented standards, address 
current gaps in coverage, address new technology, and eliminate 
outmoded and redundant provisions. About 75,000 workers are potentially 
exposed to these hazards annually.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            11/29/88                    53 FR 48130

[[Page 74117]]

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: 202 693-2222
Fax: 202 693-1663

RIN: 1218-AA70
_______________________________________________________________________




2272. 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 (SARA) 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 nonmandatory 
guidelines to further address minimum training criteria. OSHA has not 
yet determined what further steps, if any, are necessary in this 
rulemaking.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            01/26/90                     55 FR 2776
NPRM Comment Period End         04/26/90                     55 FR 2776


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: 202 693-2222
Fax: 202 693-1663

RIN: 1218-AB27
_______________________________________________________________________




2273. 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: 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. The proposed ETS provisions would 
apply to all 6 million industrial and nonindustrial work environments 
under OSHA's jurisdiction. OSHA preliminarily estimated that the 
proposed standard would 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
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
_______________________________________________________________________




2274. 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

[[Page 74118]]

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: 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: 202 693-2222
Fax: 202 693-1663

RIN: 1218-AB50
_______________________________________________________________________




2275. 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: 202 693-2222
Fax: 202 693-1663

RIN: 1218-AB51
_______________________________________________________________________




2276. 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                            12/00/01

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
_______________________________________________________________________




2277. 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

[[Page 74119]]

period on the ANPRM 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
_______________________________________________________________________




2278. 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: 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-AB68
_______________________________________________________________________




2279. 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 
nonprofit 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
_______________________________________________________________________




2280. CONTROL OF HAZARDOUS ENERGY (LOCKOUT) IN CONSTRUCTION (PART 1926) 
(PREVENTING CONSTRUCTION INJURIES/FATALITIES: LOCKOUT)

Priority: Economically Significant

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

[[Page 74120]]

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
_______________________________________________________________________




2281. 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, wheelchairs, 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 demonstrated 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                            12/00/01

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
_______________________________________________________________________




2282. 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

[[Page 74121]]

Administration, Room N3609, 200 Constitution Avenue NW, FP Building, 
Washington, DC 20210
Phone: 202 693-2222
Fax: 202 693-1663

RIN: 1218-AB78
_______________________________________________________________________




2283. 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: 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: 202 693-2222
Fax: 202 693-1663

RIN: 1218-AB83
_______________________________________________________________________




2284.  WOODWORKING MACHINERY

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

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

Legal Authority: 29 USC 655(b)

CFR Citation: 29 CFR 1910.213

Legal Deadline: None

Abstract: OSHA's standards for woodworking machinery (29 CFR 1910.213) 
have not been updated since their adoption in 1971. The corresponding 
industry consensus standards have been updated several times in the 
intervening years. OSHA intends to work with affected stakeholders to 
develop an updated woodworking machinery standard that reflects the 
technological advances and changes in occupational safety and health 
practices that have taken place since then. The revised standard will 
take account of approaches included in the most recent voluntary 
consensus standard.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                             To Be                       Determined

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: 202 693-2222
Fax: 202 693-1663

RIN: 1218-AB92
_______________________________________________________________________




2285.  ERGONOMICS PROGRAMS IN CONSTRUCTION (PART 1926): 
PREVENTING WORK-RELATED MUSCULOSKELETAL DISORDERS AMONG CONSTRUCTION 
WORKERS

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

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

CFR Citation: 29 CFR 1926

Legal Deadline: None

Abstract: Based on evidence that employers in the construction industry 
report to the Bureau of Labor Statistics, more than 40,000 lost-time 
musculoskletal disorders (MSDs) occur among their workers every year. 
Accordingly, OSHA has decided to begin to gather information for future 
rulemaking to address these disorders. When the number of non-lost 
worktime MSDs in this workforce is added to the total, the annual 
number of MSDs experienced by construction workers is likely to exceed 
200,000. Approximately one-third of the costs construction employers 
incur for workers' compensation every year goes to pay for these costly 
injuries. However, many work-related MSDs are preventable, and many 
low-cost methods of reducing worker exposure to ergonomic risk factors 
are now available for the construction industry. OSHA intends to 
publish an ANPR to gather information on the construction workers most 
at risk, feasible methods of reducing this risk, and successful 
ergonomics programs in construction.

Timetable: Next Action Undetermined

Regulatory Flexibility Analysis Required: Undetermined

Small Entities Affected: Businesses

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

[[Page 74122]]

Phone: 202 693-1950
Fax: 202 693-1678

RIN: 1218-AB94
_______________________________________________________________________




2286.  SUBPART S--ELECTRICAL STANDARDS

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

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

Legal Authority: 29 USC 655(b)

CFR Citation: 29 CFR 1910. Subpart S

Legal Deadline: None

Abstract: The Occupational Safety and Health Administration (OSHA) is 
planning to update the Subpart S-Electrical Standard and will rely 
heavily on the materials involved in the development of the 2000 
Edition of the National Fire Protection Association's (NFPA's) 70 E 
standard for Electrical Safety Requirements for Employee Workplaces. 
This revision will provide the first update of Subpart S-Electrical 
since the standard was originally published in 1981. It will thus allow 
the latest technological developments to be considered; several of 
these state-of-the-art safety developments will be addressed by OSHA 
for the first time. The update of Subpart S-Electrical will also permit 
the completion of standards covering safety-related maintenance 
requirements and safety requirement for special equipment.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                             To Be                       Determined

Regulatory Flexibility Analysis Required: Undetermined

Small Entities Affected: 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: 202 693-2222
Fax: 202 693-1663

RIN: 1218-AB95
_______________________________________________________________________




2287.  OCCUPATIONAL HEALTH RISKS IN THE MANUFACTURE AND ASSEMBLY 
OF SEMICONDUCTORS

Priority: Substantive, Nonsignificant

Legal Authority: 29 USC 655(b)

CFR Citation: Not Yet Determined

Legal Deadline: None

Abstract: The manufacture and assembly of semiconductors requires the 
use of a variety of complex mixtures of chemicals. For most of these 
chemicals, adequate data on toxicity are not available, although 
chemical structure suggests that they may present potential health 
risks. The types of mixtures used and their components change rapidly 
in this industry. OSHA is a aware of case reports and epidemiologic 
studies suggesting excesses of certain cancers and reproductive damage 
among employees in this industry. Although these effects may be 
associated with processes and mixtures no longer in common use, the 
1995 Priority Planning Process emphasized reproductive hazards as an 
item of special concern.
Accordingly, OSHA is planning to request information on the chemical 
content of ``photoresist'' and other mixtures currently used in 
semiconductor manufacture and assembly, on employee exposures in this 
sector, on toxicological information available about the components or 
mixtures, and about feasible means of reducing vapor-phase exposures in 
industry ``clean rooms.''

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                            To Be                       Determined

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

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

RIN: 1218-AB96
_______________________________________________________________________




2288.  COMMERCIAL DIVING OPERATIONS: TECHNICAL AMENDMENT

Priority: Substantive, Nonsignificant

Legal Authority: 29 USC 655

CFR Citation: 29 CFR 1910.423

Legal Deadline: None

Abstract: OSHA's Commercial Diving Operations standard (29 CFR 1910.401 
to 1910.441) was published in 1977. In the intervening years, major 
changes in the technology of diving systems and equipment have 
occurred. In December 1999, OSHA granted a permanent variance to Dixie 
Divers, Inc. permitting recreational diving instructors employed by 
that company to comply with the provisions of the variance rather than 
with paragraphs (b)(2) and (c)(3)(iii) of 1910.423 and paragraph (b)(1) 
of 1910.426. Since granting of the variance, other employers of 
recreational diving instructors have asked OSHA to clarify the 
applicability of the variance to their operations. OSHA intends to 
issue a Request for Information to obtain data on the appropriateness 
of amending the commercial diving operations standard to reflect the 
alternative specified in the permanent variance granted to Dixie 
Divers, Inc.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Request for Information          To Be                       Determined

Regulatory Flexibility Analysis Required: No

Small Entities Affected: 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: 202 693-2222
Fax: 202 693-1663

RIN: 1218-AB97

[[Page 74123]]

_______________________________________________________________________


Department of Labor (DOL)                             Completed Actions


Occupational Safety and Health Administration (OSHA)



_______________________________________________________________________




2289. NATIONALLY RECOGNIZED TESTING LABORATORIES PROGRAMS: FEES

Priority: Substantive, Nonsignificant

Legal Authority: 31 USC 9701; 29 USC 653; 29 USC 655; 29 USC 657

CFR Citation: 29 CFR 1910.7

Legal Deadline: None

Abstract: A number of OSHA standards require that certain products and 
equipment used in the workplace be tested and certified by a laboratory 
that has been recognized and accredited by OSHA. Through the Nationally 
Recognized Testing Laboratory (NRTL) Program OSHA has, to date, 
recognized 17 laboratories operating over 40 sites in the United 
States, Europe, Canada, and the Far East as NRTLs. OSHA recently 
completed its revision of 29 CFR 1910.7 to allow OSHA to charge fees to 
NRTLs for services that are provided to the NRTLs by OSHA. The fees are 
computed on the basis of the cost of the services to the Government. In 
determining the amount of such fees, OSHA followed the guidelines 
established by the Office of Management and Budget in Circular Number 
A-25. The final rule was published in the summer of 2000.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            08/18/99                    64 FR 45098
NPRM Comment Period End         10/04/99
Final Rule                      07/31/00                    65 FR 46797
Final Rule Effective            08/30/00

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
_______________________________________________________________________




2290. REVOCATION OF CERTIFICATION RECORDS FOR TESTS, INSPECTIONS, AND 
TRAINING

Priority: Other Significant

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

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

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

Legal Deadline: None

Abstract: OSHA has completed its initial assessment of its rules which 
require employers to maintain certification records of tests, 
inspections and training. No rulemaking action is anticipated during 
the next year. OSHA is withdrawing this entry.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Withdrawn                       06/20/00

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: 202 693-2222
Fax: 202 693-1663

RIN: 1218-AB65
_______________________________________________________________________




2291. COTTON DUST (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 1910.1043

Legal Deadline: None

Abstract: OSHA has reviewed 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 covered 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. 
The review concluded that the rule should be continued without change 
except to expand the washed cotton exemption.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Begin Review                    10/01/97
End Review                      10/11/00

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
_______________________________________________________________________


Department of Labor (DOL)                           Proposed Rule Stage


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



_______________________________________________________________________




2292. 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 subcontractors 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.

[[Page 74124]]

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            10/00/00
Final Action                    01/00/01

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. 00-23743 Filed 11-29-00]
BILLING CODE 4510-23-S