[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 25679]]

Part XII





Department of Labor





_______________________________________________________________________



Semiannual Regulatory Agenda

[[Page 25680]]



DEPARTMENT OF LABOR (DOL)                                              


  



_______________________________________________________________________

DEPARTMENT OF LABOR

Office of the Secretary

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

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

30 CFR Ch. I

41 CFR Ch. 60

48 CFR Ch. 29

Semiannual Agenda of Regulations

AGENCY:  Office of the Secretary, Labor.

ACTION:  Semiannual regulatory agenda.

_______________________________________________________________________

SUMMARY:  This document sets forth the Department's semiannual agenda 
of regulations that have been selected for review or development during 
the coming year. The agenda complies with the requirements of both 
Executive Order 12866 and the Regulatory Flexibility Act. The agenda 
lists all regulations that are expected to be under review or 
development between April 2001 and April 2002 as well as those 
completed during the past six 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) 693-5959.

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.

    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).

    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 Department is committed to carrying out its 
responsibilities under the many statutes and Executive order 
programs it administers. However, in order to allow me and my staff 
to have sufficient opportunity to review the regulatory plans of 
the Department, many of the dates for next action are not specified 
or the nature of next action to be taken is listed as undetermined. 
The regulatory priorities of the Department will be reflected in 
the fall semiannual agenda.

    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.

 Elaine L. Chao,

Secretary of Labor.

                                  Office of the Secretary--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
1848        Production or Disclosure of Information or Materials................................     1290-AA17
----------------------------------------------------------------------------------------------------------------


                            Employment Standards Administration--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
1849        Defining and Delimiting the Term ``Any Employee Employed in a Bona Fide Executive,       1215-AA14
            Administrative, or Professional Capacity'' (ESA/W-H)................................
1850        Application of the Fair Labor Standards Act to Domestic Service.....................     1215-AA82
1851        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.......................................
1852        Records To Be Kept by Employers Under the Fair Labor Standards Act..................     1215-AB03
1853        Implementation of the 1996 Amendments to the Fair Labor Standards Act...............     1215-AB13
1854        Affirmative Action and Nondiscrimination Obligations of Contractors and                  1215-AB24
            Subcontractors for Special Disabled Veterans and Veterans of the Vietnam Era........
1855        Stock Options, Stock Appreciation Rights, and Bona Fide Employee Stock Purchase          1215-AB31
            Programs Under the Fair Labor Standards Act.........................................
----------------------------------------------------------------------------------------------------------------


[[Page 25681]]


                              Employment Standards Administration--Final Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
1856        Child Labor Regulations, Orders, and Statements of Interpretation (ESA/W-H).........     1215-AA09
1857        Labor Condition Applications and Requirements for Employers Using Nonimmigrants on H-    1215-AB09
            1B Visas in Specialty Occupations and as Fashion Models.............................
1858        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.............................................................
1859        Claims for Compensation Under the Energy Employees Occupational Illness Compensation     1215-AB32
            Program Act.........................................................................
1860        Obligation of Federal Contractors and Subcontractors, Notice of Employee Rights          1215-AB33
            Concerning Payment of Union Dues or Fees............................................
----------------------------------------------------------------------------------------------------------------


                             Employment Standards Administration--Long-Term Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
1861        Government Contractors: Nondiscrimination and Affirmative Action Obligations,            1215-AB28
            Executive Order 11246 (ESA/OFCCP) (Revised).........................................
----------------------------------------------------------------------------------------------------------------


                             Employment Standards Administration--Completed Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
1862        Government Contractors: Nondiscrimination and Affirmative Action Obligations,            1215-AA01
            Executive Order 11246 (ESA/OFCCP)...................................................
1863        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)........................................................
1864        Black Lung Benefits Under the Federal Coal Mine Safety and Health Act of 1969, as        1215-AA99
            Amended.............................................................................
1865        Assessment and Collection of User Fees..............................................     1215-AB06
1866        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.....................................................................
1867        Affirmative Action and Nondiscrimination Obligations of Contractors and                  1215-AB23
            Subcontractors Regarding Individuals With Disabilities..............................
1868        Service Contract Act Exemption for Certain Commercial Service Contracts.............     1215-AB26
1869        Affirmative Action and Nondiscrimination Obligations of Contractors and                  1215-AB27
            Subcontractors Regarding Special Disabled Veterans and Veterans of the Vietnam Era
            (Revised)...........................................................................
1870        Longshore Act Medical Fee Schedule..................................................     1215-AB30
----------------------------------------------------------------------------------------------------------------


                           Employment and Training Administration--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
1871        Labor Certification Process for the Permanent Employment of Aliens in the United         1205-AA66
            States..............................................................................
1872        Disaster Unemployment Assistance Program, Amendment to Regulations..................     1205-AB02
1873        Federal-State Unemployment Compensation Program; Unemployment Insurance Performance      1205-AB10
            System..............................................................................
1874        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--Final Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
1875        Trade Adjustment Assistance for Workers--Implementation of 1988 Amendments..........     1205-AB05
1876        Trade Adjustment Assistance for Workers--Transitional Adjustment Assistance NAFTA-       1205-AB07
            TAA.................................................................................

[[Page 25682]]

 
1877        Welfare-to-Work (WTW) Grants........................................................     1205-AB15
1878        Indian and Native American Welfare-to-Work Program..................................     1205-AB16
1879        Federal-State Unemployment Compensation (UC) Program; Confidentiality and Disclosure     1205-AB18
            of Information in State UC Records..................................................
1880        Labor Certification Process for the Permanent Employment of Aliens in the United         1205-AB25
            States; Refiling of Applications....................................................
1881        Attestations by Facilities Temporarily Employing H-1C Nonimmigrant Aliens as             1205-AB27
            Registered Nurses...................................................................
1882        Senior Community Service Employment Program.........................................     1205-AB28
----------------------------------------------------------------------------------------------------------------


                            Employment and Training Administration--Long-Term Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
1883        Services to Migrant and Seasonal Farmworkers, Job Service Complaint System,              1205-AA37
            Monitoring, and Enforcement.........................................................
1884        Establishment of Fees for Immigration Programs Administered by the Employment and        1205-AB14
            Training Administration.............................................................
----------------------------------------------------------------------------------------------------------------


                           Pension and Welfare Benefits Administration--Prerule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
1885        Bonding Rules Under the Employee Retirement Income Security Act of 1974 (Section 610     1210-AA82
            Review).............................................................................
1886        Requests for Enforcement Pursuant to Section 502(b)(2) (Section 610 Review).........     1210-AA83
1887        Civil Penalties Under ERISA Section 502(c)(2) (Section 610 Review)..................     1210-AA84
1888        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
----------------------------------------------------------------------------------------------------------------
1889        Rulemaking Relating to Notice Requirements for Continuation of Health Care Coverage.     1210-AA60
1890        Prohibiting Discrimination Against Participants and Beneficiaries Based on Health        1210-AA77
            Status..............................................................................
1891        Regulation Exempting Certain Broker-Dealers and Investment Advisers From Bonding         1210-AA80
            Requirements........................................................................
----------------------------------------------------------------------------------------------------------------


                          Pension and Welfare Benefits Administration--Final Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
1892        Definition of Collective Bargaining Agreement (ERISA Section 3(40)).................     1210-AA48
1893        Regulations Implementing the Health Care Access, Portability and Renewability            1210-AA54
            Provisions of the Health Insurance Portability and Accountability Act of 1996.......
1894        Health Care Standards for Mothers and Newborns......................................     1210-AA63
1895        Reporting Requirements for MEWAs Providing Medical Care Benefits....................     1210-AA64
1896        Elimination of Filing Requirements for Summary Plan Descriptions....................     1210-AA66
1897        Requirement To Furnish Plan Documents Upon Request by the Secretary of Labor........     1210-AA67
1898        Civil Penalty for Failure To Furnish Certain Plan Documents.........................     1210-AA68
1899        Electronic Disclosure of Employee Benefit Plan Information..........................     1210-AA71
1900        Rulemaking Relating to the Women's Health and Cancer Rights Act of 1998.............     1210-AA75
1901        Voluntary Fiduciary Correction Program..............................................     1210-AA76
----------------------------------------------------------------------------------------------------------------


[[Page 25683]]


                         Pension and Welfare Benefits Administration--Long-Term Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
1902        Adequate Consideration..............................................................     1210-AA15
1903        Civil Penalties Under ERISA Section 502(1)..........................................     1210-AA37
1904        Mental Health Benefits Parity.......................................................     1210-AA62
1905        Individual Benefits Reporting Requirements for Defined Contribution Plans...........     1210-AA65
1906        Soft Dollar (Interpretive Bulletin).................................................     1210-AA74
----------------------------------------------------------------------------------------------------------------


                         Pension and Welfare Benefits Administration--Completed Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
1907        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
1908        Amendments to Employee Benefit Plan Claims Procedures Regulation....................     1210-AA61
1909        Amendments to Summary Plan Description Regulations..................................     1210-AA69
1910        National Medical Support Notice.....................................................     1210-AA72
----------------------------------------------------------------------------------------------------------------


                              Mine Safety and Health Administration--Prerule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
1911        Electrical Grounding Standards for Metal and Nonmetal Mines.........................     1219-AB01
1912        Escapeways and Refuges..............................................................     1219-AB23
----------------------------------------------------------------------------------------------------------------


                           Mine Safety and Health Administration--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
1913        Belt Entry Use as Intake Aircourse To Ventilate Working Sections....................     1219-AA76
1914        Metal/Nonmetal Impoundments.........................................................     1219-AA83
1915        Independent Laboratory Testing......................................................     1219-AA87
1916        Surface Haulage.....................................................................     1219-AA93
1917        Improving and Eliminating Regulations...............................................     1219-AA98
1918        Respirable Crystalline Silica Standard..............................................     1219-AB12
1919        Safety Standards for Self-Contained Self-Rescue Devices in Coal and Metal/Nonmetal       1219-AB19
            Underground Mines...................................................................
1920        Mine Rescue Teams...................................................................     1219-AB20
1921        Surge and Storage Piles.............................................................     1219-AB22
1922        Accident Investigation Hearing Procedures...........................................     1219-AB26
----------------------------------------------------------------------------------------------------------------


                             Mine Safety and Health Administration--Final Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
1923        Hazard Communication................................................................     1219-AA47
1924        Longwall Equipment (Including High-Voltage).........................................     1219-AA75
1925        Requirements for Approval of Flame-Resistant Conveyor Belts.........................     1219-AA92
----------------------------------------------------------------------------------------------------------------


[[Page 25684]]


                            Mine Safety and Health Administration--Long-Term Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
1926        Air Quality, Chemical Substances, and Respiratory Protection Standards..............     1219-AA48
1927        Confined Spaces.....................................................................     1219-AA54
1928        Safety Standard Revisions for Underground Anthracite Mines..........................     1219-AA96
1929        Training and Retraining of Miners...................................................     1219-AB02
1930        Occupational Exposure to Coal Mine Dust (Lowering Concentration Limit)..............     1219-AB08
1931        Verification of Underground Coal Mine Operators' Dust Control Plans and Compliance       1219-AB14
            Sampling for Respirable Dust........................................................
1932        Determination of Concentration of Respirable Coal Mine Dust.........................     1219-AB18
1933        Verification of Surface Coal Mine Dust Control Plans................................     1219-AB21
1934        Asbestos Exposure Limit.............................................................     1219-AB24
1935        Continuous Monitoring of Respirable Coal Mine Dust in Underground Coal Mines........     1219-AB27
----------------------------------------------------------------------------------------------------------------


                            Mine Safety and Health Administration--Completed Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
1936        Diesel Particulate Matter (Exposure of Underground Coal Miners).....................     1219-AA74
1937        Diesel Particulate Matter (Exposure of Underground Metal and Nonmetal Miners).......     1219-AB11
----------------------------------------------------------------------------------------------------------------


              Office of the Assistant Secretary for Administration and Management--Final Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
1938        Nondiscrimination on the Basis of Age in Programs and Activities Receiving Federal       1291-AA21
            Financial Assistance From the Department of Labor...................................
1939        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
----------------------------------------------------------------------------------------------------------------
1940        Department of Labor Acquisition Regulation..........................................     1291-AA20
1941        Audits of States, Local Governments, and Nonprofit Organizations....................     1291-AA26
1942        Audit Requirements for Grants, Contracts, and Other Agreements......................     1291-AA27
1943        Nondiscrimination on the Basis of Disability in Programs and Activities Receiving or     1291-AA28
            Benefiting From Federal Financial Assistance........................................
1944        Grants and Agreements...............................................................     1291-AA30
1945        Effectuation of Title VI of the Civil Rights Act of 1964 and Implementation of           1291-AA31
            Section 504 of the Rehabilitation Act of 1973.......................................
1946        Governmentwide Debarment and Suspension (Nonprocurement) and Governmentwide              1291-AA33
            Requirements for Drug Free Workplace (Grants) 29 CFR 98.............................
----------------------------------------------------------------------------------------------------------------


                          Occupational Safety and Health Administration--Prerule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
1947        Occupational Exposure to Ethylene Oxide (Section 610 Review)........................     1218-AB60
1948        Process Safety Management of Highly Hazardous Chemicals.............................     1218-AB63
1949        Grain Handling Facilities (Section 610 Review)......................................     1218-AB73
1950        Occupational Exposure to Perchloroethylene..........................................     1218-AB86

[[Page 25685]]

 
1951        Sanitation in the Construction Industry.............................................     1218-AB87
1952        Hearing Loss Prevention in Construction Workers.....................................     1218-AB89
----------------------------------------------------------------------------------------------------------------


                       Occupational Safety and Health Administration--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
1953        Occupational Exposure to Hexavalent Chromium (Preventing Occupational Illness:           1218-AB45
            Chromium)...........................................................................
1954        Confined Spaces in Construction (Part 1926): Preventing Suffocation/Explosions in        1218-AB47
            Confined Spaces.....................................................................
1955        Fire Protection in Shipyard Employment (Part 1915, Subpart P) (Shipyards: Fire           1218-AB51
            Safety).............................................................................
1956        Permissible Exposure Limits (PELs) for Air Contaminants.............................     1218-AB54
1957        Metalworking Fluids: Protecting Respiratory Health..................................     1218-AB58
1958        Plain Language Revision of the Flammable and Combustible Liquids Standard...........     1218-AB61
1959        Plain Language Revision of the Mechanical Power-Transmission Apparatus Standard.....     1218-AB66
1960        Electric Power Transmission and Distribution; Electrical Protective Equipment in the     1218-AB67
            Construction Industry...............................................................
1961        Occupational Exposure to Crystalline Silica.........................................     1218-AB70
1962        Occupational Exposure to Beryllium..................................................     1218-AB76
1963        Standards Improvement (Miscellaneous Changes) for General Industry, Marine               1218-AB81
            Terminals, and Construction Standards (Phase II)....................................
1964        Plain Language Revisions to Spray Applications......................................     1218-AB84
1965        Changes to State Plans..............................................................     1218-AB91
----------------------------------------------------------------------------------------------------------------


                         Occupational Safety and Health Administration--Final Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
1966        Respiratory Protection (Proper Use of Modern Respirators)...........................     1218-AA05
1967        Glycol Ethers: 2-Methoxyethanol, 2-Ethoxyethanol, and Their Acetates: Protecting         1218-AA84
            Reproductive Health.................................................................
1968        Walking Working Surfaces and Personal Fall Protection Systems (1910) (Slips, Trips       1218-AB80
            and Fall Prevention)................................................................
1969        Plain Language Revisions to the Exit Route Standard.................................     1218-AB82
1970        Signs, Signals, and Barricades......................................................     1218-AB88
----------------------------------------------------------------------------------------------------------------


                        Occupational Safety and Health Administration--Long-Term Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
1971        Longshoring and Marine Terminals (Parts 1917 and 1918) -- Reopening of the Record        1218-AA56
            (Vertical Tandem Lifts (VTLs))......................................................
1972        Scaffolds in Shipyards (Part 1915 -- Subpart N).....................................     1218-AA68
1973        Access and Egress in Shipyards (Part 1915, Subpart E) (Shipyards: Emergency Exits        1218-AA70
            and Aisles).........................................................................
1974        Accreditation of Training Programs for Hazardous Waste Operations (Part 1910).......     1218-AB27
1975        Indoor Air Quality in the Workplace.................................................     1218-AB37
1976        Safety and Health Programs (for General Industry and the Maritime Industries).......     1218-AB41
1977        Occupational Exposure to Tuberculosis...............................................     1218-AB46
1978        General Working Conditions for Shipyard Employment..................................     1218-AB50
1979        Fall Protection in the Construction Industry........................................     1218-AB62
1980        Safety Standards for Scaffolds Used in the Construction Industry--Part II...........     1218-AB68
1981        Safety and Health Programs for Construction.........................................     1218-AB69
1982        Control of Hazardous Energy (Lockout) in Construction (Part 1926) (Preventing            1218-AB71
            Construction Injuries/Fatalities: Lockout)..........................................
1983        Employer Payment for Personal Protective Equipment..................................     1218-AB77
1984        Consolidation of Records Maintenance Requirements in OSHA Standards.................     1218-AB78
1985        Oil and Gas Well Drilling and Servicing.............................................     1218-AB83

[[Page 25686]]

 
1986        Woodworking Machinery...............................................................     1218-AB92
1987        Ergonomics Programs in Construction (Part 1926): Preventing Work-Related                 1218-AB94
            Musculoskeletal Disorders among Construction Workers................................
1988        Subpart S--Electrical Standards.....................................................     1218-AB95
1989        Occupational Health Risks in the Manufacture and Assembly of Semiconductors.........     1218-AB96
1990        Commercial Diving Operations: Technical Amendment...................................     1218-AB97
1991        Procedures for Handling of Discrimination Complaints Under the Aviation Investment       1218-AB99
            and Reform Act......................................................................
----------------------------------------------------------------------------------------------------------------


                        Occupational Safety and Health Administration--Completed Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
1992        Steel Erection (Part 1926) (Safety Protection for Ironworkers)......................     1218-AA65
1993        Recording and Reporting Occupational Injuries and Illnesses (Simplified Injury/          1218-AB24
            Illness Recordkeeping Requirements).................................................
1994        Ergonomics Programs: Preventing Musculoskeletal Disorders...........................     1218-AB36
1995        Consultation Agreements.............................................................     1218-AB79
1996        Occupational Exposure to Bloodborne Pathogens; Needlestick and Other Sharps Injuries     1218-AB85
1997        Cotton Dust: Washed Cotton Exemption................................................     1218-AB90
1998        New Jersey State Plan...............................................................     1218-AB98
----------------------------------------------------------------------------------------------------------------


            Office of the Assistant Secretary for Veterans' Employment & Training--Long-Term Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
1999        Annual Report for Federal Contractors...............................................     1293-AA07
----------------------------------------------------------------------------------------------------------------

_______________________________________________________________________


DEPARTMENT OF LABOR (DOL)                           Proposed Rule Stage


Office of the Secretary (OS)



_______________________________________________________________________




1848. 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                            05/00/01

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: 202 693-5500
Email: [email protected]

RIN: 1290-AA17

[[Page 25687]]

_______________________________________________________________________


DEPARTMENT OF LABOR (DOL)                           Proposed Rule Stage


Employment Standards Administration (ESA)



_______________________________________________________________________




1849. DEFINING AND DELIMITING THE TERM ``ANY EMPLOYEE EMPLOYED IN A BONA 
FIDE EXECUTIVE, ADMINISTRATIVE, OR PROFESSIONAL CAPACITY'' (ESA/W-H)

Priority: Economically Significant. Major under 5 USC 801.

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

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

CFR Citation: 29 CFR 541

Legal Deadline: None

Abstract: These regulations set forth the criteria for exemption from 
the Fair Labor Standards Act's minimum wage and overtime requirements 
for ``executive,'' ``administrative,'' ``professional'' and ``outside 
sales employees.'' To be exempt, employees must meet certain tests 
relating to duties and responsibilities and be paid on a salary basis 
at specified levels. A final rule increasing the salary test levels was 
published on January 13, 1981 (46 FR 3010), to become effective on 
February 13, 1981, but was indefinitely stayed on February 12, 1981 (46 
FR 11972). On March 27, 1981, a proposal to suspend the final rule 
indefinitely was published (46 FR 18998), with comments due by April 
28, 1981. As a result of numerous comments and petitions from industry 
groups on the duties and responsibilities tests, and as a result of 
case law developments, the Department concluded that a more 
comprehensive review of these regulations was needed. An ANPRM 
reopening the comment period and broadening the scope of review to 
include all aspects of the regulations was published on November 19, 
1985, with the comment period subsequently extended to March 22, 1986.
The Department has revised these regulations since the ANPRM to address 
specific issues. In 1991, as the result of an amendment to the Fair 
Labor Standards Act (FLSA), the regulations were revised to permit 
certain computer systems analysts, computer programmers, software 
engineers, and other similarly skilled professional employees to 
qualify for the exemption, including those paid on an hourly basis if 
their rates of pay exceed 6 1/2 times the applicable minimum wage. 
Also, in 1992 the Department issued a final rule which modified the 
exemption's requirement for payment on a ``salary basis'' for otherwise 
exempt public sector employees.

Statement of Need: These regulations contain the criteria used to 
determine if an employee is exempt from the FLSA as an ``executive,'' 
``administrative,'' ``professional,'' or ``outside sales'' employee. 
The existing salary test levels used in determining which employees 
qualify as exempt were adopted in 1975 on an interim basis. These 
salary level tests are outdated and offer little practical guidance in 
applying the exemption. In addition, numerous comments and petitions 
have been received from industry groups regarding the duties and 
responsibilities tests in the regulations, requesting a review of these 
regulations.

These regulations have been revised to deal with specific issues. In 
1991, as the result of an amendment to the FLSA, the regulations were 
revised to permit certain computer systems analysts, computer 
programmers, software engineers, and other similarly skilled 
professional employees to qualify for the exemption, including those 
paid on an hourly basis if their rates of pay exceed 6 1/2 times the 
applicable minimum wage. Also in 1991, the Department undertook 
separate rulemaking on another aspect of the regulations, the 
definition of ``salary basis'' for public-sector employees. Because of 
the limited nature of these revisions, the regulations are still in 
need of updating and clarification.

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

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

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

Anticipated Cost and Benefits: Some 32 million employees are estimated 
to be within the scope of these regulations. Legal developments in 
court cases are changing the guiding interpretations under this 
exemption and creating law without considering a comprehensive 
analytical approach to current compensation concepts and workplace 
practices. Clear, comprehensive, and up-to-date regulations would 
provide for central, uniform control over the application of these 
regulations and ameliorate many concerns. In the public sector, State 
and local government employers contend that the rules are based on 
production workplace environments from the 1940s and 1950s that do not 
readily adapt to contemporary government functions. The Federal 
Government also has concerns regarding the manner in which the courts 
and arbitration decisions are applying the exemption to the Federal 
workforce. Resolution of confusion over how the regulations are to be 
applied in the public sector will ensure that employees are protected, 
that employers are able to comply with their responsibilities under the 
law, and that the regulations are enforceable. Preliminary estimates of 
the specific costs and benefits of this regulatory action will be 
developed once the various regulatory alternatives are identified.

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

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Indefinite Stay of Final Rule   02/12/81                    46 FR 11972
Proposal To Suspend Rule 
Indefinitely                    03/27/81                    46 FR 18998
ANPRM                           11/19/85                    50 FR 47696

[[Page 25688]]

Extension of ANPRM Comment 
Period From 01/21/86 to 03/22/8601/17/86                     51 FR 2525
ANPRM Comment Period End        03/22/86
NPRM                            12/00/01

Regulatory Flexibility Analysis Required: Yes

Small Entities Affected: Businesses, Governmental Jurisdictions, 
Organizations

Government Levels Affected: State, Local, Federal

Federalism:  Undetermined

Agency Contact: Thomas M. Markey, Deputy Administrator, Wage and Hour 
Division, Department of Labor, Employment Standards Administration, 
Room S3502, 200 Constitution Avenue NW, FP Building, Washington, DC 
20210
Phone: 202 693-0051
Fax: 202 693-1432

RIN: 1215-AA14
_______________________________________________________________________




1850. APPLICATION OF THE FAIR LABOR STANDARDS ACT TO DOMESTIC SERVICE

Priority: Other Significant

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 the applicability of these exemptions to third-party 
employers (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). After further review of the history and 
background to this exemption, a new proposed rule was published for 
public comment on 1/19/2001 (66 FR 5481).

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            12/30/93                    58 FR 69310
NPRM Comment Period End         02/28/94
Second NPRM                     09/08/95                    60 FR 46797
Final Rule                      09/08/95                    60 FR 46766
Third NPRM                      01/19/01                     66 FR 5481
NPRM Comment Period End         03/20/01
Third NPRM Comment Period End 
Extended to 07/23/2001          04/23/01                    66 FR 20411
Final Action                    12/00/01

Regulatory Flexibility Analysis Required: No

Government Levels Affected: State, Local, Federal

Agency Contact: Thomas M. Markey, Deputy Administrator, Wage and Hour 
Division, 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
_______________________________________________________________________




1851. 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

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, amended several Acts administered by the Department 
of Labor: (1) the Contract Work Hours and Safety Standards Act (CWHSSA) 
to limit its applicability to contracts in an amount of $100,000 or 
greater; (2) 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; and (3) the Walsh-Healey Public 
Contracts Act (PCA) to eliminate the requirements that contractors on 
covered contracts be either manufacturers or regular dealers in the 
items to be supplied under the contract but retains the Secretary of 
Labor's authority to define the terms ``regular dealer'' and 
``manufacturer.'' A final rule implementing the CWHSSA and PCA changes 
was published on August 5, 1996 (61 FR 40714).

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            09/07/95                    60 FR 46553
NPRM Comment Period End         10/10/95
Final Rule - Walsh-Healey/CWHSSA 
Rule                            08/05/96                    61 FR 40714
Second NPRM                     10/00/01

Regulatory Flexibility Analysis Required: No

Government Levels Affected: State, Local, Federal

Agency Contact: Thomas M. Markey, Deputy Administrator, Wage and Hour 
Division, 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
_______________________________________________________________________




1852. RECORDS TO BE KEPT BY EMPLOYERS UNDER THE FAIR LABOR STANDARDS ACT

Priority: Substantive, Nonsignificant

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

[[Page 25689]]

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 regulatory initiative contemplates 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                            10/00/01

Regulatory Flexibility Analysis Required: No

Government Levels Affected: State, Local, Federal

Agency Contact: Thomas M. Markey, Deputy Administrator, Wage and Hour 
Division, 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
_______________________________________________________________________




1853. 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                            06/00/01

Regulatory Flexibility Analysis Required: No

Government Levels Affected: State, Local, Federal

Agency Contact: Thomas M. Markey, Deputy Administrator, Wage and Hour 
Division, 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
_______________________________________________________________________




1854. 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; 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 (the Act) of 
1998 and the Veterans Benefits and Health Care Improvement Act of 2000 
(VBHCIA). The Act and VBHCIA of 2000 increase the current threshold for 
coverage from $10,000 to $25,000. The Act and VBHCIA of 2000 expand the 
existing definition of Veterans, i.e., special disabled veterans and 
veterans of the Vietnam Era, to include recently separated veterans and 
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. 
Recently separated veterans means any veteran during the one-year 
period beginning on the date of such veteran's discharge or release 
from active duty.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            07/00/01

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
_______________________________________________________________________




1855. 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.

[[Page 25690]]

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            10/00/01

Regulatory Flexibility Analysis Required: Undetermined

Small Entities Affected: Businesses, Organizations

Government Levels Affected: None

Agency Contact: Thomas M. Markey, Deputy Administrator, Wage and Hour 
Division, 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
_______________________________________________________________________


DEPARTMENT OF LABOR (DOL)                              Final Rule Stage


Employment Standards Administration (ESA)



_______________________________________________________________________




1856. CHILD LABOR REGULATIONS, ORDERS, AND STATEMENTS OF INTERPRETATION 
(ESA/W-H)

Priority: Other Significant

Legal Authority: 29 USC 203(e)

CFR Citation: 29 CFR 570

Legal Deadline: None

Abstract: Section 3(l) of the Fair Labor Standards Act requires the 
Secretary of Labor to issue regulations with respect to minors between 
14 and 16 years of age ensuring that the periods and conditions of 
their employment do not interfere with their schooling, health, or 
well-being. The Secretary is also directed to designate occupations 
that may be particularly hazardous for minors 16 and 17 years of age. 
Child Labor Regulation No. 3 sets forth the permissible industries and 
occupations in which 14- and 15-year-olds may be employed, and 
specifies the number of hours in a day and in a week, and time periods 
within a day, that such minors may be employed. The Department has 
invited public comment in considering whether changes in technology in 
the workplace and job content over the years require new hazardous 
occupation orders, and whether changes are needed in some of the 
applicable hazardous occupation orders. Comment has also been solicited 
on whether revisions should be considered in the permissible hours and 
time-of-day standards for 14- and 15-year-olds. Comment has been sought 
on appropriate changes required to implement school-to-work transition 
programs. Additionally, Congress enacted Public Law 104-174 (August 6, 
1996), which amended FLSA section 13(c) and requires changes in the 
regulations under Hazardous Occupation Order No. 12 regarding power-
driven paper balers and compactors, to allow 16- and 17-year-olds to 
load, but not operate or unload, machines meeting applicable American 
National Standards Institute (ANSI) safety standards and certain other 
conditions. Congress also passed the Drive for Teen Employment Act, 
Public Law 105-334 (October 31, 1998), which prohibits minors under age 
17 from driving automobiles and trucks on public roads on the job and 
sets criteria for 17-year-olds to drive such vehicles on public roads 
on the job.

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

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

Summary of Legal Basis: These regulations are issued under sections 
3(1), 11, 12, and 13 of the Fair Labor Standards Act, 29 USC sections 
203(1), 211, 212, and 213 which require the Secretary of Labor to issue 
regulations prescribing permissible time periods and conditions of 
employment for minors between 14 and 16 years old so as not to 
interfere with their schooling, health, or well-being, and to designate 
occupations that may be particularly hazardous or detrimental to the 
health or well-being of minors under 18 years old.

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

[[Page 25691]]

and 15-year-olds may perform in retail establishments.

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

Risks: The child labor regulations, by ensuring that permissible job 
opportunities for working youth are safe and healthy and not 
detrimental to their education as required by the statute, produce 
positive benefits by reducing health and productivity costs employers 
may otherwise incur from higher accident and injury rates to young and 
inexperienced workers. Given the limited nature of the changes in the 
proposed rule, a detailed assessment of the magnitude of risk was not 
prepared.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

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

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Agency Contact: Thomas M. Markey, Deputy Administrator, Wage and Hour 
Division, Department of Labor, Employment Standards Administration, 
Room S3502, 200 Constitution Avenue NW, FP Building, Washington, DC 
20210
Phone: 202 693-0051
Fax: 202 693-1432

RIN: 1215-AA09
_______________________________________________________________________




1857. 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. 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              12/20/00                    65 FR 80110
Interim Final Rule Effective    01/19/01
Interim Final Rule Comment 
Period End                      04/23/01                    66 FR 10865
Final Action                    10/00/01

Regulatory Flexibility Analysis Required: No

Government Levels Affected: Federal

Agency Contact: Thomas M. Markey, Deputy Administrator, Wage and Hour 
Division, 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
_______________________________________________________________________




1858. MINIMUM WAGE AND OVERTIME VIOLATIONS--CIVIL MONEY PENALTIES (29 
CFR 578); CHILD LABOR VIOLATIONS--CIVIL MONEY PENALTIES (29 CFR 579); 
ADJUSTMENT OF CIVIL MONEY PENALTIES FOR INFLATION

Priority: Substantive, Nonsignificant

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

CFR Citation: 29 CFR 578; 29 CFR 579

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

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

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            12/28/98                    63 FR 71405
NPRM Comment Period End         01/27/99
Final Action                    06/00/01

Regulatory Flexibility Analysis Required: No

Government Levels Affected: State, Local, Tribal, Federal

Agency Contact: Thomas M. Markey, Deputy Administrator, Wage and Hour 
Division, 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
_______________________________________________________________________




1859.  CLAIMS FOR COMPENSATION UNDER THE ENERGY EMPLOYEES 
OCCUPATIONAL ILLNESS COMPENSATION PROGRAM ACT

Priority: Substantive, Nonsignificant

Legal Authority: PL 106-398; EO 13179

CFR Citation: 20 CFR 30

[[Page 25692]]

Legal Deadline: Other, Statutory, May 31, 2001, Interim Final Rule.
By executive order, regulations for administration of program to be 
promulgated by 5/31/2001.

Abstract: The Department of Labor is proposing regulations for its 
administration of the provisions of the Energy Employees Occupational 
Illness Compensation Program Act. These regulations will address all 
questions arising under this act which have not been specifically 
assigned to the Secretary of Health and Human Services, to the 
Secretary of Energy, or to the Attorney General.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              05/00/01

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Shelby S. Hallmark, Acting Director, Office of Workers' 
Compensation Programs, Department of Labor, Employment Standards 
Administration, Room S3524, 200 Constitution Avenue NW, FP Building, 
Washington, DC 20210
Phone: 202 693-0031
Fax: 202 693-1378
Email: [email protected]

RIN: 1215-AB32
_______________________________________________________________________




1860.  OBLIGATION OF FEDERAL CONTRACTORS AND SUBCONTRACTORS, 
NOTICE OF EMPLOYEE RIGHTS CONCERNING PAYMENT OF UNION DUES OR FEES

Priority: Other Significant

Legal Authority: EO 13201

CFR Citation: Not Yet Determined

Legal Deadline: None

Abstract: This regulation will implement E.O. 13201 which requires 
government contractors and subcontractors to post notices informing 
their employees that (1) under federal law they cannot be required to 
join a union or maintain membership in a union to retain their jobs, 
and (2) employees who choose not to be union members may object to the 
use of their compulsory union dues and fees for activities other than 
collective bargaining, contract administration, and grievance 
adjustment, and may be entitled to a refund and an appropriate 
reduction in the future payments. The proposed regulation, in 
accordance with E.O. 13201, will also, require that, where applicable, 
each government contracting agency include certain provisions of the 
Order in its government contracts, and that government contractors and 
subcontractors include these provisions in their nonexempt subcontracts 
and purchase orders.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Procedural Rule         04/18/01                    66 FR 19988
Interim Final Rule              08/00/01
Final Rule                      12/00/01

Regulatory Flexibility Analysis Required: No

Government Levels Affected: Federal

Agency Contact: Don Todd, Deputy Assistant Secretary, Department of 
Labor, Employment Standards Administration, Room S2321, 200 
Constitution Avenue NW., FP Building, Washington, DC 20210
Phone: 202 693-0200
Fax: 202 693-1340

RIN: 1215-AB33
_______________________________________________________________________


DEPARTMENT OF LABOR (DOL)                             Long-Term Actions


Employment Standards Administration (ESA)



_______________________________________________________________________




1861. GOVERNMENT CONTRACTORS: NONDISCRIMINATION AND AFFIRMATIVE ACTION 
OBLIGATIONS, EXECUTIVE ORDER 11246 (ESA/OFCCP) (REVISED)

Priority: Substantive, Nonsignificant

Legal Authority: EO 11246, as amended; 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; 29 USC 706;; 29 USC 793; EO 11758

CFR Citation: 41 CFR 60-1 (Revision); 41 CFR 60-250 (Revision); 41 CFR 
60-741 (Revision)

Legal Deadline: None

Abstract: The 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 proposes also to make the same revision in Section 
60-250(a)(3) of the regulations implementing the affirmative action 
provisions of the Vietnam Era Veteran's Readjustment Assistance Act 
(VEVRAA). Lastly, OFCCP proposes to conform regulations implementing 
Section 503 to the compliance evaluation procedures contained in the 
regulations implementing Executive Order 11246, as amended, and the 
affirmative action provisions of VEVRAA, both of which expressly 
authorize OFCCP to use additional investigative procedures to determine 
a contractor's compliance with the regulations.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            10/12/00                    65 FR 60815


Next Action Undetermined

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-AB28

[[Page 25693]]

_______________________________________________________________________


DEPARTMENT OF LABOR (DOL)                             Completed Actions


Employment Standards Administration (ESA)



_______________________________________________________________________




1862. GOVERNMENT CONTRACTORS: NONDISCRIMINATION AND AFFIRMATIVE ACTION 
OBLIGATIONS, EXECUTIVE ORDER 11246 (ESA/OFCCP)

Priority: Other Significant

Legal Authority: EO 11246, as amended

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

Legal Deadline: None

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

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

A second phase of revision changed provisions that govern requirements 
for written affirmative action plans and the provisions concerning 
evaluation of contractor procedures.

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

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

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

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

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM Affirmative Action Plans 
(60-2)                          05/04/00                    65 FR 26087
NPRM Comment Period End         07/03/00
Final Rule                      11/13/00                    65 FR 68021
Final Rule Effective            12/13/00

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Additional Information: OFCCP's emphasis has been on regulatory reform, 
e.g., to revise the E.O. 11246 regulations to reduce paperwork burdens, 
eliminate unnecessary regulations, and simplify and clarify the 
regulations while improving the efficiency and effectiveness of the 
contract compliance program.

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

RIN: 1215-AA01
_______________________________________________________________________




1863. PROCEDURES FOR PREDETERMINATION OF WAGE RATES (29 CFR PART 1) AND 
LABOR STANDARDS PROVISIONS APPLICABLE TO CONTRACTS COVERING FEDERALLY 
FINANCED AND ASSISTED CONSTRUCTION (29 CFR PART 5)

Priority: Economically Significant. Major under 5 USC 801.

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

CFR Citation: 29 CFR 1; 29 CFR 5

Legal Deadline: None

Abstract: The Department attempted to implement revised rules governing 
the circumstances in which ``helpers'' may be used on federally funded 
and assisted construction contracts subject to the Davis-Bacon Act in 
May 1982 (see 47 FR 23644, 23658 (May 28, 1982); 47 FR 32090 (July 20, 
1982)). After protracted litigation, a final rule was published in 
January 1989 (see 54 FR 4234) which became effective on February 4, 
1991. Thereafter, on two occasions Congress acted to prevent the 
Department from expending any funds to implement these revised helper 
regulations--through the Dire Emergency Supplemental Appropriations Act 
of 1991, PL 102-27, 105 Stat. 130,151 (1991), and then through section 
104 of the DOL Appropriations Act of 1994, PL 103-112. Given the 
uncertainty of continuation of such moratoriums, the Department 
determined that the helper issue needs to be addressed through further 
rulemaking. A notice inviting public comment on a proposal to continue 
the suspension of the former helper regulations while the Department 
conducts additional rulemaking proceedings was published August 2, 1996 
(61 FR 40366). A final rule continuing the suspension while further 
rulemaking is considered was published December 30, 1996 (61 FR 68641). 
A notice of proposed rulemaking was published April 9, 1999 (64 FR 
17442).

Statement of Need: The current helper rules are difficult to administer 
and enforce and--as evidenced by the prolonged litigation history and 
subsequent congressional actions--are highly controversial. In May 
1982, the Department attempted to implement revised rules governing the 
circumstances in which ``helpers'' may be used on federally funded and

[[Page 25694]]

assisted construction contracts subject to the Davis-Bacon Act. After 
protracted litigation, a final rule was published in January 1989 and 
became effective on February 4, 1991. Thereafter, on two occasions, 
Congress acted to prevent the Department from expending any funds to 
implement these revised helper regulations through appropriations 
riders. Given the uncertainty of continuation of such moratoriums, the 
Department determined that the helper issue needs to be addressed 
through further rulemaking.

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

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

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

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

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM - Continue Suspension      08/02/96                    61 FR 40367
Final Action - Continue 
Suspension                      12/30/96                    61 FR 68641
NPRM                            04/09/99                    64 FR 17442
NPRM Comment Period End         06/08/99
Final Action                    11/20/00                    65 FR 69674
Final Action Effective          01/19/01

Regulatory Flexibility Analysis Required: No

Government Levels Affected: State, Local, Tribal, Federal

Agency Contact: Thomas M. Markey, Deputy Administrator, Wage and Hour 
Division, Department of Labor, Employment Standards Administration, 
Room S3502, 200 Constitution Avenue NW, FP Building, Washington, DC 
20210
Phone: 202 693-0051
Fax: 202 693-1432

RIN: 1215-AA94
_______________________________________________________________________




1864. BLACK LUNG BENEFITS UNDER THE FEDERAL COAL MINE SAFETY AND HEALTH 
ACT OF 1969, AS AMENDED

Priority: Other Significant

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 final rule that revises existing rules to 
facilitate the resolution of claims; streamlines the litigation process 
by encouraging the early development and submission of evidence; raises 
the dollar limit for prior approval for medical equipment; and rewrites 
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 Extended to 
5/23/97                         02/24/97                     62 FR 8201
NPRM Comment Period End         03/24/97
NPRM Comment Period End Extended 
to 8/22/97                      05/16/97                    62 FR 27000
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                    12/20/00                    65 FR 79920
Final Action Effective          01/19/01

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
_______________________________________________________________________




1865. 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 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

[[Page 25695]]

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

________________________________________________________________________

Withdrawn                       02/01/01

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Agency Contact: Thomas M. Markey, Deputy Administrator, Wage and Hour 
Division, 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
_______________________________________________________________________




1866. 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 Rule                      12/20/00                    65 FR 80268
Final Rule Effective            01/19/01

Regulatory Flexibility Analysis Required: No

Government Levels Affected: State, Local, Federal

Agency Contact: Thomas M. Markey, Deputy Administrator, Wage and Hour 
Division, 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
_______________________________________________________________________




1867. 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                            10/12/00                    65 FR 60815
Combined With RIN 1215-AB28     02/02/01

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
_______________________________________________________________________




1868. 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                    65 FR 45943

[[Page 25696]]

Interim Final Rule Effective    08/25/00
Final Rule                      01/18/01                     66 FR 5328
Final Rule Effective            03/19/01

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: Federal

Agency Contact: Thomas M. Markey, Deputy Administrator, Wage and Hour 
Division, 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
_______________________________________________________________________




1869. 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: The Office of Federal Contract Compliance Programs 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                            10/12/00                    65 FR 60815
Withdrawn - Combined With RIN 
1215-AB28                       02/02/01

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
_______________________________________________________________________




1870. 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

________________________________________________________________________

Withdrawn                       02/02/01

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
_______________________________________________________________________


DEPARTMENT OF LABOR (DOL)                           Proposed Rule Stage


Employment and Training Administration (ETA)



_______________________________________________________________________




1871. LABOR CERTIFICATION PROCESS FOR THE PERMANENT EMPLOYMENT OF ALIENS 
IN THE UNITED STATES

Priority: Other Significant

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                            05/00/01

Regulatory Flexibility Analysis Required: No

Government Levels Affected: State, Federal

Agency Contact: Dale Ziegler, Chief, Division of Foreign Labor 
Certification, Department of Labor, Employment and Training 
Administration, 200 Constitution Avenue NW., Room C4318, FP Building, 
Washington, DC 20210
Phone: 202 693-2942
Fax: 202 693-2769

[[Page 25697]]

Email: [email protected]

RIN: 1205-AA66
_______________________________________________________________________




1872. 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 communication more understandable to the public. 
Therefore, this NPRM will completely revise part 625 to utilize a plain 
language format to correct and simplify 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                            09/00/01

Regulatory Flexibility Analysis Required: No

Government Levels Affected: 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: 202 693-3207

RIN: 1205-AB02
_______________________________________________________________________




1873. FEDERAL-STATE UNEMPLOYMENT COMPENSATION PROGRAM; UNEMPLOYMENT 
INSURANCE PERFORMANCE SYSTEM

Priority: Other Significant

Legal Authority: 42 USC 501-504; 42 USC 1302(a); 26 USC 3301-3311; 5 
USC 8501-8508; 5 USC 8521-8525; ...

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.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           01/16/97                     62 FR 2543
ANPRM Comment Period End        03/17/97
NPRM                            09/00/01

Regulatory Flexibility Analysis Required: No

Government Levels Affected: State

Agency Contact: Sandra T. King, Chief, Division of Performance Review, 
Department of Labor, Employment and Training Administration, C4321, 200 
Constitution Avenue NW, FP Building, Washington, DC 20210
Phone: 202 693-3042
Email: [email protected]

RIN: 1205-AB10
_______________________________________________________________________




1874. 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 
published 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
Interim Final Rule              11/13/00                    65 FR 67628
Reopen NPRM and Interim Final 
Rule Comment Period             06/00/01
Final Action                    12/00/01

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 C4318, FP Building, 
Washington, DC 20210
Phone: 202 693-2942
Fax: 202 693-2769
Email: [email protected]

RIN: 1205-AB24

[[Page 25698]]

_______________________________________________________________________


DEPARTMENT OF LABOR (DOL)                              Final Rule Stage


Employment and Training Administration (ETA)



_______________________________________________________________________




1875. TRADE ADJUSTMENT ASSISTANCE FOR WORKERS--IMPLEMENTATION OF 1988 
AMENDMENTS

Priority: Other Significant

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                    08/00/01

Regulatory Flexibility Analysis Required: No

Government Levels Affected: State, Federal

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: 202 693-3577

RIN: 1205-AB05
_______________________________________________________________________




1876. TRADE ADJUSTMENT ASSISTANCE FOR WORKERS--TRANSITIONAL ADJUSTMENT 
ASSISTANCE NAFTA-TAA

Priority: Other Significant

Legal Authority: 19 USC 2320; 19 USC 2331

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
Final Action                    09/00/01

Regulatory Flexibility Analysis Required: No

Government Levels Affected: State, Federal

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: 202 693-3577

RIN: 1205-AB07
_______________________________________________________________________




1877. WELFARE-TO-WORK (WTW) GRANTS

Priority: Other Significant

Legal Authority: 42 USC 603(a)(5)(c)(ix); PL 106-113, Division B, sec 
1000(a)(4)

CFR Citation: 20 CFR 645

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

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

Statement of Need: Welfare-to-Work formula and competitive grants 
provide States and local communities with an array of tools to help 
them accomplish this goal in ways that make sense and are most 
effective for their particular population needs. The Employment and 
Training Administration issued combined Final and Interim Final 
regulations to finalize the earlier rulemaking and to implement the 
1999 Amendments. The passage of the Welfare-to-Work and Child Support 
Amendments of 1999 necessitated the publication of a new interim final 
rule to reflect the changes in eligibility and certain other areas.

Summary of Legal Basis: Promulgation of these regulations is authorized 
by SSA section 403 (a)(1)(5)(C)(ix). Section 801(f) of HR 3424, the 
Welfare-to-Work

[[Page 25699]]

and Child Support Amendments of 1999, enacted by section 1000(a)(4) of 
Division B of the Consolidated Appropriations Act for August 2000 (PL 
106-113) authorizes interim final regulations to implement the changes 
made by those amendments.

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

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

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              11/18/97                    62 FR 61587
Interim Final Rule              01/11/01                     66 FR 2690
Interim Final Rule Comment 
Period End                      03/12/01
Interim Final Rule Comment 
Period Extended to 04/11/01     02/12/01                     66 FR 9763
Final Rule                      01/11/01                     66 FR 2689
Final Rule Effective            02/12/01
Effective Date of Final Rule 
Delayed Until 04/13/01          02/12/01                     66 FR 9763
Final Rule                      07/00/01

Regulatory Flexibility Analysis Required: No

Government Levels Affected: State, Local, Tribal

Agency Contact: Dennis Lieberman, Director, Division of Welfare to 
Work, Department of Labor, Employment and Training Administration, 200 
Constitution Avenue NW, N4671, FP Building, Washington, DC 20210
Phone: 202 693-3375

RIN: 1205-AB15
_______________________________________________________________________




1878. 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
Interim Final Rule Comment 
Period End                      06/01/98
Final Action                    08/00/01

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: 202 693-3752
Email: [email protected]

RIN: 1205-AB16
_______________________________________________________________________




1879. 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

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              12/00/01

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: State, Local, Federal

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: 202 693-3038
Email: [email protected]

RIN: 1205-AB18

[[Page 25700]]

_______________________________________________________________________




1880. 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                    05/00/01

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 C4318, FP Building, 
Washington, DC 20210
Phone: 202 693-2942
Fax: 202 693-2769
Email: [email protected]

RIN: 1205-AB25
_______________________________________________________________________




1881. 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                    10/00/01

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
_______________________________________________________________________




1882.  SENIOR COMMUNITY SERVICE EMPLOYMENT PROGRAM

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

Legal Authority: PL 106-501 ``Older American Act Amendments of 2000''; 
42 USC 3056(b)(2)

CFR Citation: 20 CFR 641

Legal Deadline: None

Abstract: The Employment and Training Administration will implement new 
regulations to govern the Senior Community Service Employment program 
under Title V of the Older Americans Act Amendments of 2000. New 
interim final regulation will be issued June 2001 implementing these 
amendments.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              06/00/01
Final Action                    12/00/01

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: State

Federalism:  Undetermined

Agency Contact: Eric Larisch, Chief, Divison of Older Worker Programs, 
Department of Labor, Employment and Training Administration, 200 
Constitution Avenue, NW, Washington, DC 20210
Phone: 202 693-3742
Fax: 202 693-3817
Email: [email protected]

RIN: 1205-AB28

[[Page 25701]]

_______________________________________________________________________


DEPARTMENT OF LABOR (DOL)                             Long-Term Actions


Employment and Training Administration (ETA)



_______________________________________________________________________




1883. 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, and title III of 
the Workforce Investment Act of 1998.

Timetable: Next Action Undetermined

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: State, Local, Federal

Federalism:  Undetermined

Agency Contact: Gay Gilbert, Chief, Division of Employment Service and 
ALMIS, Department of Labor, Employment and Training Administration, 
Room S4231, 200 Constitution Avenue NW., FP Building, Washington, DC 
20210
Phone: 202 693-3428
Email: [email protected]

RIN: 1205-AA37
_______________________________________________________________________




1884. 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 30 percent since FY 1995. The fee proceeds would be used to 
offset the costs of administering the alien labor certification program 
at the State and Regional levels. ETA has worked with the States and 
Regional Offices and reduced the number of queued cases from 92,000 to 
73,000 at the State level. The number of cases on the Regional level is 
21,000. However, there will be another one time reinstatement of 
section 245(i) as part of the LIFE legislation and this is expected to 
increase the queued permanent cases by at least 40,000 applications 
over the 60,000 permanent applications received in FY 2001. The regular 
appropriation, plus the user fees, will be necessary to work off the 
cases in the pipeline and become current.

Agency Contact: Dale Ziegler, Chief, Division of Foreign Labor 
Certification, Department of Labor, Employment and Training 
Administration, 200 Constitution Avenue NW., Room C4318, FP Building, 
Washington, DC 20210
Phone: 202 693-2942
Fax: 202 693-2769
Email: [email protected]

RIN: 1205-AB14
_______________________________________________________________________


DEPARTMENT OF LABOR (DOL)                                 Prerule Stage


Pension and Welfare Benefits Administration (PWBA)



_______________________________________________________________________




1885. 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 conducting 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.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Begin Review                    12/01/00
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-AA82
_______________________________________________________________________




1886. 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 conducting 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

[[Page 25702]]

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.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Begin Review                    12/01/00
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
_______________________________________________________________________




1887. 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 conducting 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.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Begin Review                    12/01/00
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
_______________________________________________________________________




1888. 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 conducting 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.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Begin Review                    12/01/00
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
_______________________________________________________________________


DEPARTMENT OF LABOR (DOL)                           Proposed Rule Stage


Pension and Welfare Benefits Administration (PWBA)



_______________________________________________________________________




1889. RULEMAKING RELATING TO NOTICE REQUIREMENTS FOR CONTINUATION OF 
HEALTH CARE COVERAGE

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

Unfunded Mandates: Undetermined

Legal Authority: 29 USC 1135; 29 USC 1136

CFR Citation: 29 CFR 2520

Legal Deadline: None

Abstract: This rulemaking will provide guidance concerning the 
notification requirements pertaining to continuation coverage under the 
Employee Retirement Income Security Act of 1974 (ERISA). Section 606 of 
ERISA requires that group health plans provide employees notification 
of the continuation coverage provisions of the plan and imposes 
notification obligations upon plan administrators, employers, 
employees, and qualified beneficiaries relating to certain qualifying 
events.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           09/23/97                    62 FR 49894
ANPRM Comment Period End        11/24/97
NPRM                            03/00/02

[[Page 25703]]

Regulatory Flexibility Analysis Required: Yes

Small Entities Affected: Businesses, Organizations

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
_______________________________________________________________________




1890. 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 contains additional regulatory interim guidance under 
HIPAA's nondiscrimination provisions. In addition, the rulemaking 
contains 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: Wellness                  01/08/01                     66 FR 1421
Second Interim Final Rule       01/08/01                     66 FR 1378
NPRM Comment Period End         04/09/01
Interim Final Rule Comment 
Period End                      04/09/01
Final Rule                      05/00/02

Regulatory Flexibility Analysis Required: No

Government Levels Affected: Undetermined

Additional Information: This item is being split off from RIN 1210-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
_______________________________________________________________________




1891. REGULATION EXEMPTING CERTAIN BROKER-DEALERS 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                            12/00/01

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: None

Agency Contact: Stacey L. DeWalt, 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)



_______________________________________________________________________




1892. 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

[[Page 25704]]

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.

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         11/16/95                    60 FR 39208
Notice Establishing Negotiated 
Rulemaking Advisory Committee   09/22/98                    63 FR 50542
Second NPRM                     10/27/00                    65 FR 64498
Comment Period End              12/26/00
Final Action                    03/00/02

Regulatory Flexibility Analysis Required: Yes

Small Entities Affected: Governmental Jurisdictions, Organizations

Government Levels Affected: State

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
_______________________________________________________________________




1893. REGULATIONS IMPLEMENTING THE HEALTH CARE ACCESS, PORTABILITY AND 
RENEWABILITY PROVISIONS OF THE HEALTH INSURANCE PORTABILITY AND 
ACCOUNTABILITY ACT OF 1996

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

Unfunded Mandates: Undetermined

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

CFR Citation: 29 CFR 2590

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

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

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

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

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

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

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

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              04/08/97                    62 FR 16894
Interim Final Rule Effective    06/07/97
Interim Final Rule Comment 
Period End                      07/07/97
Request for Information         10/25/99                    64 FR 57520
Comment Period End              01/25/00
Final Rule                      12/00/01

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

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

RIN: 1210-AA54
_______________________________________________________________________




1894. 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                    03/00/02

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.

[[Page 25705]]

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
_______________________________________________________________________




1895. REPORTING REQUIREMENTS FOR MEWAS PROVIDING MEDICAL CARE BENEFITS

Priority: Substantive, Nonsignificant

Legal Authority: 29 USC 1135; 29 USC 1021(g)(h) (PL 104-191; 110 Stat 
1952); 29 USC 1194

CFR Citation: 29 CFR 2520

Legal Deadline: None

Abstract: These interim final rules govern certain reporting 
requirements under title I of the Employee Retirement Income Security 
Act of 1974, as amended (ERISA) for multiple employer welfare 
arrangements (MEWAs) that provide benefits consisting of medical care. 
In part, the rules implement recent changes made to ERISA by the Health 
Insurance Portability and Accountability Act of 1996 (HIPAA). The rules 
also set forth elements that MEWAs would be required to file with the 
Department of Labor for the purpose of determining compliance with the 
portability nondiscrimination, renewability and other requirements of 
part 7 of subtitle B of title I of ERISA including the requirements of 
the Mental Health Parity Act of 1996 and the Newborns' and Mothers' 
Protection Act of 1996. The rules 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                    12/00/01

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
_______________________________________________________________________




1896. ELIMINATION OF FILING REQUIREMENTS FOR SUMMARY PLAN DESCRIPTIONS

Priority: Substantive, Nonsignificant

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                    09/00/01

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
_______________________________________________________________________




1897. 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                    09/00/01

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
_______________________________________________________________________




1898. 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

[[Page 25706]]

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                    09/00/01

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
_______________________________________________________________________




1899. 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                    12/00/01

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
_______________________________________________________________________




1900. 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              12/00/01

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
Phone: 202 219-7006

RIN: 1210-AA75
_______________________________________________________________________




1901. 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                    10/00/01

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

[[Page 25707]]

Phone: 202 219-8671

RIN: 1210-AA76
_______________________________________________________________________


DEPARTMENT OF LABOR (DOL)                             Long-Term Actions


Pension and Welfare Benefits Administration (PWBA)



_______________________________________________________________________




1902. ADEQUATE CONSIDERATION

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

Unfunded Mandates: Undetermined

Legal Authority: 29 USC 1002(18); 29 USC 1135

CFR Citation: 29 CFR 2510

Legal Deadline: None

Abstract: This regulation would provide guidance as to what constitutes 
``adequate consideration'' under section 3(18) of ERISA for assets 
other than securities for which there is a generally recognized market.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            05/17/88                    53 FR 17632
NPRM Comment Period End         07/17/88


Next Action Undetermined

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: None

Agency Contact: Paul Mannina, Staff Attorney, Plan Benefits Security 
Division, Department of Labor, Pension and Welfare Benefits 
Administration, Room N4611, 200 Constitution Avenue NW, FP Building, 
Washington, DC 20210
Phone: 202 219-4592

RIN: 1210-AA15
_______________________________________________________________________




1903. CIVIL PENALTIES UNDER ERISA SECTION 502(1)

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

Unfunded Mandates: Undetermined

Legal Authority: 29 USC 1132

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

Legal Deadline: None

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

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

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


Next Action Undetermined

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: None

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

RIN: 1210-AA37
_______________________________________________________________________




1904. MENTAL HEALTH BENEFITS PARITY

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

Unfunded Mandates: Undetermined

Legal Authority: 29 USC 1135; 29 USC 1182 (PL 104-204; 110 Stat 2944); 
29 USC 1194

CFR Citation: 29 CFR 2590

Legal Deadline: None

Abstract: The Mental Health Parity Act of 1996 (MHPA) was enacted on 
September 26, 1996 (P.L. 104-204). MHPA amended the Public Health 
Service Act (PHSA) and the Employee Retirement Income Security Act of 
1974 (ERISA), as amended, to provide for parity in the application of 
limits on certain mental health benefits with limits on medical and 
surgical benefits. MHPA provisions are set forth in chapter 100 of 
subtitle K of the Code, title XXVII of the PHSA, and part 7 of subtitle 
B of title I of ERISA. This rulemaking 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
_______________________________________________________________________




1905. 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

[[Page 25708]]

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
_______________________________________________________________________




1906. 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: Next Action Undetermined

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

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
_______________________________________________________________________


DEPARTMENT OF LABOR (DOL)                             Completed Actions


Pension and Welfare Benefits Administration (PWBA)



_______________________________________________________________________




1907. AMENDMENT OF SUMMARY PLAN DESCRIPTION AND RELATED ERISA 
REGULATIONS TO IMPLEMENT STATUTORY CHANGES IN THE HEALTH INSURANCE 
PORTABILITY AND ACCOUNTABILITY ACT OF 1996

Priority: Other Significant

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

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

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

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

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

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

Alternatives: Regulatory alternatives were considered after 
determinations were made with regard to the scope and nature of the 
regulatory guidance which will be necessary to carry out the new 
provisions.

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

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

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              04/08/97                    62 FR 16979
Interim Final Rule Comment 
Period End                      05/31/97
Interim Final Rule Effective    06/01/97
Second Interim Final Rule       09/09/98                    63 FR 48372
Interim Final Rule Effective    11/09/98
Comment Period End              11/09/98
Final Action                    11/21/00                    65 FR 70226
Final Action Effective          01/20/01

[[Page 25709]]

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

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

RIN: 1210-AA55
_______________________________________________________________________




1908. AMENDMENTS TO EMPLOYEE BENEFIT PLAN CLAIMS PROCEDURES REGULATION

Priority: Other Significant. Major under 5 USC 801.

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

Legal Authority: 29 USC 1133; 29 USC 1135

CFR Citation: 29 CFR 2560.503-1

Legal Deadline: None

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

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

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

Alternatives: Regulatory alternatives were developed after 
determinations were made with regard to the scope and nature of the 
amendments necessary to update the rules that implement section 503 of 
ERISA.

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

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

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Request for Information--
Amendment of Regulations on Plan 
Claims Procedures               09/08/97                    62 FR 47262
Comment Period End              11/07/97
NPRM                            09/09/98                    63 FR 48390
NPRM Comment Period End         11/09/98
Notice of Public Hearing Held on 
Feb. 17,18 & 19, 1999           01/04/99                       64 FR 65
Final Action                    11/21/00                    65 FR 70246
Final Action Effective          01/20/01

Regulatory Flexibility Analysis Required: Yes

Small Entities Affected: Businesses, Organizations

Government Levels Affected: None

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

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

RIN: 1210-AA61
_______________________________________________________________________




1909. AMENDMENTS TO SUMMARY PLAN DESCRIPTION REGULATIONS

Priority: Other Significant. Major under 5 USC 801.

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

Legal Authority: 29 USC 1024; 29 USC 1135

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

Legal Deadline: None

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

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

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

Alternatives: Regulatory alternatives were developed after 
determinations were made with regard to the scope and nature of the 
amendments which are necessary to improve the disclosure of benefit 
information to participants

[[Page 25710]]

and beneficiaries of group health plans under the applicable ERISA 
regulations.

Anticipated Cost and Benefits: The Department estimates that the 
regulation's benefits will exceed its costs. The regulation will assure 
that participants have better access to more complete information on 
their benefit plans. Better information will lead both participants and 
plan sponsors to make more economically efficient decisions regarding 
benefit plans. This enhanced value and efficiency from better 
information constitute the benefits of the regulation.

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

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            09/09/98                    63 FR 48376
NPRM Comment Period End         11/09/98
Final Action                    11/21/00                    65 FR 70226
Final Action Effective          01/20/01

Regulatory Flexibility Analysis Required: Yes

Small Entities Affected: Organizations

Government Levels Affected: None

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

RIN: 1210-AA69
_______________________________________________________________________




1910. 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 provide 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
NPRM Comment Period End         02/14/00
Final Action                    12/27/00                    65 FR 82128
Final Action Effective          01/26/01
Final Action Effective Date 
Extended to                     03/27/01                     66 FR 8076

Regulatory Flexibility Analysis Required: Yes

Small Entities Affected: Businesses

Government Levels Affected: State

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
_______________________________________________________________________


DEPARTMENT OF LABOR (DOL)                                 Prerule Stage


Mine Safety and Health Administration (MSHA)



_______________________________________________________________________




1911. ELECTRICAL GROUNDING 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, to 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

________________________________________________________________________

ANPRM                           10/00/01

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Agency Contact: David L. Meyer, 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
_______________________________________________________________________




1912. 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

________________________________________________________________________

ANPRM                           01/00/02

Regulatory Flexibility Analysis Required: Undetermined

Small Entities Affected: Businesses

Government Levels Affected: None

Agency Contact: David L. Meyer, 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

[[Page 25711]]

_______________________________________________________________________


DEPARTMENT OF LABOR (DOL)                           Proposed Rule Stage


Mine Safety and Health Administration (MSHA)



_______________________________________________________________________




1913. BELT ENTRY USE AS INTAKE AIRCOURSE TO VENTILATE WORKING SECTIONS

Priority: Other Significant

Legal Authority: 30 USC 811

CFR Citation: 30 CFR 75

Legal Deadline: None

Abstract: This rulemaking will revise text in the CFR to reduce burden 
or duplication, and streamline requirements. 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 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 currently 
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                            01/00/02

Regulatory Flexibility Analysis Required: No

Small Entities Affected: Businesses

Government Levels Affected: None

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

Agency Contact: David L. Meyer, 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
_______________________________________________________________________




1914. 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                            12/00/01

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: None

Agency Contact: David L. Meyer, 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
_______________________________________________________________________




1915. INDEPENDENT LABORATORY TESTING

Priority: Substantive, Nonsignificant

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: This rulemaking will revise text in the CFR to reduce burden 
or duplication, and streamline requirements. Our current regulations 
set out approval requirements for MSHA testing and evaluation for 
approval of certain products used in gassy underground mines. The rule 
as proposed would allow us to accept testing and evaluation 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. We are considering reproposing the rule to assure that the 
proposed changes are appropriate.

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
Reproposal                      12/00/01

Regulatory Flexibility Analysis Required: No

Small Entities Affected: Businesses

Government Levels Affected: Federal

Agency Contact: David L. Meyer, 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
_______________________________________________________________________




1916. 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 coal and metal/nonmetal 
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 would 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 coal and metal/nonmetal mines.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           07/30/98                    63 FR 40800
NPRM                            09/00/01

Regulatory Flexibility Analysis Required: No

Small Entities Affected: Businesses

Government Levels Affected: None

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

[[Page 25712]]

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

RIN: 1219-AA93
_______________________________________________________________________




1917. IMPROVING AND ELIMINATING REGULATIONS

Priority: Substantive, Nonsignificant

Legal Authority: 30 USC 811; 30 USC 957

CFR Citation: 30 CFR 1 to 199

Legal Deadline: None

Abstract: This rulemaking will revise text in the CFR to reduce burden 
or duplication, and streamline requirements. 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         09/00/01

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Agency Contact: David L. Meyer, 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
_______________________________________________________________________




1918. RESPIRABLE CRYSTALLINE SILICA STANDARD

Priority: Other Significant

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.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            08/00/01

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: None

Agency Contact: David L. Meyer, 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
_______________________________________________________________________




1919. 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 devices 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 address the 
service life of the devices, 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                            09/00/01

Regulatory Flexibility Analysis Required: No

Government Levels Affected: Undetermined

Additional Information: This rulemaking replaces 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: David L. Meyer, 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
_______________________________________________________________________




1920. MINE RESCUE TEAMS

Priority: Substantive, Nonsignificant

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 encourage underground mine 
operators to provide mine rescue and recovery capability at their 
mines. We hope to increase the number of mine rescue teams available to 
assist miners in life threatening emergencies.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            08/00/01

Regulatory Flexibility Analysis Required: No

Small Entities Affected: Businesses

Government Levels Affected: None

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

[[Page 25713]]

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

RIN: 1219-AB20
_______________________________________________________________________




1921. 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 fatalities and injuries 
involving miners operating vehicles and equipment on surface coal 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                            09/00/01

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Agency Contact: David L. Meyer, 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
_______________________________________________________________________




1922. 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 public 
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                            08/00/01

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: Undetermined

Agency Contact: David L. Meyer, 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-AB26
_______________________________________________________________________


DEPARTMENT OF LABOR (DOL)                              Final Rule Stage


Mine Safety and Health Administration (MSHA)



_______________________________________________________________________




1923. 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 
chemical hazards, some created during the mining and milling process 
and some brought onto mine property. The Hazard Communication rule will 
provide miners with the means to receive necessary information on the 
hazards of chemicals to which they may be exposed and the actions 
necessary to protect themselves from such hazards. The interim Final 
Rule is to be consistent with OSHA's hazard communication standard rule 
to the extent practical.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           03/30/88                    53 FR 10257
ANPRM Comment Period End        07/31/88
NPRM                            11/02/90                    55 FR 46400
NPRM Comment Period End         01/31/92                    56 FR 48720
Reopen Record                   03/30/99                    64 FR 15144
Interim Final Rule              10/03/00                    65 FR 59048
Interim Final Rule Comment 
Period End                      11/17/00
Public Hearing and Extension of 
Comment Period to 12/19/00      12/11/00                    65 FR 77292
Interim Final Rule Effective    10/03/01
Final Action                     To Be                       Determined

Regulatory Flexibility Analysis Required: Yes

Small Entities Affected: Businesses

Government Levels Affected: State, Local, Tribal, Federal

Agency Contact: David L. Meyer, 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
_______________________________________________________________________




1924. LONGWALL EQUIPMENT (INCLUDING HIGH-VOLTAGE)

Priority: Other Significant

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 final rule would eliminate the need for a modification to use this 
equipment and would establish safety requirements for the design, 
construction, installation, use, and

[[Page 25714]]

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
Reopen Record                   12/28/99                    64 FR 72620
Comment Period End              02/28/00
Final Rule                      09/00/01

Regulatory Flexibility Analysis Required: Yes

Small Entities Affected: Businesses

Government Levels Affected: None

Agency Contact: David L. Meyer, 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
_______________________________________________________________________




1925. 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 
3/26/93                         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
Record Reopened                 10/31/95                    60 FR 55353
Extension of Comment Period to 
2/5/1996                        12/20/95                    60 FR 65509
Record Reopened                 12/28/99                    64 FR 72617
Final Action                    01/00/02

Regulatory Flexibility Analysis Required: No

Small Entities Affected: Businesses

Government Levels Affected: None

Agency Contact: David L. Meyer, 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
_______________________________________________________________________


DEPARTMENT OF LABOR (DOL)                             Long-Term Actions


Mine Safety and Health Administration (MSHA)



_______________________________________________________________________




1926. AIR QUALITY, CHEMICAL SUBSTANCES, AND RESPIRATORY PROTECTION 
STANDARDS

Priority: Other Significant

Unfunded Mandates: This action may affect State, local or tribal 
governments.

Legal Authority: 30 USC 811; 30 USC 813

CFR Citation: 30 CFR 56; 30 CFR 57; 30 CFR 58; 30 CFR 70; 30 CFR 71; 30 
CFR 72; 30 CFR 75; 30 CFR 90

Legal Deadline: None

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

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           07/06/83                    48 FR 31171
ANPRM                           11/19/85                    50 FR 47702
NPRM                            08/29/89                    54 FR 35760
NPRM Comment Period End         08/30/91                    56 FR 29201
NPRM Phase 2 - Respiratory 
Protection - Reproposal          To Be                       Determined
NPRM Phase 3 - PELs              To Be                       Determined

Regulatory Flexibility Analysis Required: No

Government Levels Affected: State, Local, Tribal, Federal

Agency Contact: David L. Meyer, 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
_______________________________________________________________________




1927. CONFINED SPACES

Priority: Substantive, Nonsignificant

Legal Authority: 30 USC 811

CFR Citation: 30 CFR 56; 30 CFR 57; 30 CFR 70; 30 CFR 71; 30 CFR 75; 30 
CFR 77

Legal Deadline: None

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

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           12/30/91                    56 FR 67364
ANPRM Comment Period End        05/01/92                     57 FR 8102
NPRM                             To Be                       Determined

Regulatory Flexibility Analysis Required: Undetermined

Small Entities Affected: Businesses

Government Levels Affected: None

[[Page 25715]]

Agency Contact: David L. Meyer, 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
_______________________________________________________________________




1928. SAFETY STANDARD REVISIONS FOR UNDERGROUND ANTHRACITE MINES

Priority: Other Significant

Legal Authority: 30 USC 811

CFR Citation: 30 CFR 75

Legal Deadline: None

Abstract: This rulemaking will revise text in the CFR to reduce burden 
or duplication, and streamline requirements. Our current regulations 
for underground coal mines do not recognize some of the significant 
differences in mining methods used in underground anthracite 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: Undetermined

Government Levels Affected: None

Agency Contact: David L. Meyer, 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
_______________________________________________________________________




1929. TRAINING AND RETRAINING OF MINERS (RULEMAKING RESULTING FROM A 
SECTION 610 REVIEW)

Priority: Substantive, Nonsignificant

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

Legal Authority: 30 USC 811; 30 USC 825

CFR Citation: 30 CFR 48

Legal Deadline: None

Abstract: Our current regulations require all mine operators to have 
approved plans for training their miners. We reviewed these 
requirements as part of our Regulatory Flexibility Review to determine 
if changes were appropriate. In response to public comments, we are 
considering increasing the number of hours of annual refresher training 
for supervisors from 8 hours to 12 hours. The training needs of 
supervisors are broader in scope than those of miners. We believe that 
better trained, more knowledgeable supervisors will contribute to their 
own safety and that of miners under their supervision.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Begin Review                    10/01/96
End Review                      10/01/98
NPRM                             To Be                       Determined

Regulatory Flexibility Analysis Required: No

Government Levels Affected: State, Local, Tribal

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

Agency Contact: David L. Meyer, 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
_______________________________________________________________________




1930. OCCUPATIONAL EXPOSURE TO COAL MINE DUST (LOWERING CONCENTRATION 
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 respirable coal mine dust standard. In 1995, the 
National Institute for Occupational Safety and Health issued a Criteria 
Document in which they recommended that the respirable coal mine dust 
concentration limit be cut in half. We are considering rulemaking to 
lower the respirable coal mine dust concentration limit because miners 
continue to be at risk of developing dust-induced occupational lung 
disease.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                            To Be                       Determined

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: None

Agency Contact: David L. Meyer, 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
_______________________________________________________________________




1931. VERIFICATION OF UNDERGROUND COAL MINE OPERATORS' DUST CONTROL 
PLANS AND COMPLIANCE SAMPLING FOR RESPIRABLE DUST

Priority: Other Significant

Legal Authority: 30 USC 811

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

Legal Deadline: None

Abstract: Our current regulations require that all underground coal 
mine operators develop and follow a mine ventilation plan that we 
approve. However, we do not have a requirement that provides for 
verification of each plan's effectiveness under typical mining 
conditions. Consequently, plans may be implemented by mine operators 
that could be inadequate to control respirable dust. The proposed rule 
provides for MSHA to verify the effectiveness of mine ventilation plans 
to control respirable dust under typical mining conditions. For 
longwall mine operators, we proposed to permit the

[[Page 25716]]

limited use of either approved loose-fitting powered, air purifying 
respirators (PAPRS) or verifiable administrative controls as a 
supplemental means of compliance with the respirable coal mine dust 
concentration limit, if we have determined that further reduction in 
respirable dust levels cannot be achieved using all feasible 
engineering controls. Furthermore, MSHA proposed to assume 
responsibility for all compliance sampling for respirable dust in 
underground coal mines as required under CFR parts 70 and 90.

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

Therefore, we proposed to revoke existing operator respirable dust 
sampling and to implement new regulations that would require each 
underground coal mine operator to have a verified ventilation plan. 
MSHA would verify the effectiveness of the mine ventilation plan for 
each mechanical mining unit in controlling respirable dust under 
typical mining conditions.

Summary of Legal Basis: Promulgation of these regulations is authorized 
by section 101 of the Federal Mine Safety and Health Act of 1977.

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

Anticipated Cost and Benefits: Benefits sought are eliminating coal 
workers' pneumoconiosis by reducing over-exposures to respirable coal 
dust on each and every production shift. Additional benefits include: 
reduced health care costs, disability and black lung benefit payments. 
On average there would be a cost savings for most mine operators when 
MSHA completely takes over compliance and abatement sampling for 
respirable dust once this rule is promulgated. We developed estimates 
and made them available for public review.

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

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            07/07/00                    65 FR 42122
Notice of Hearings; Close of 
Record                          07/07/00                    65 FR 42186
Extension of Comment Period; 
Close of Record                 09/08/00                    65 FR 49215
Final Action                     To Be                       Determined

Regulatory Flexibility Analysis Required: Yes

Small Entities Affected: Businesses

Government Levels Affected: None

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

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

RIN: 1219-AB14
_______________________________________________________________________




1932. DETERMINATION OF CONCENTRATION OF RESPIRABLE COAL MINE DUST

Priority: Other Significant

Legal Authority: 30 USC 811

CFR Citation: 30 CFR 72

Legal Deadline: None

Abstract: The National Institute for Occupational Safety and Health and 
the Mine Safety and Health Administration jointly determined that a 
single, full-shift measurement (``single, full-shift sample'') would 
accurately represent the atmospheric conditions to which a miner is 
exposed during a single shift. The proposed rule addresses the U.S. 
Court of Appeals' concerns raised in National Mining Association v. 
Secretary of Labor, 153 F3d 1264 (11th Cir. 1998).

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

Summary of Legal Basis: Promulgation of these regulations is authorized 
by section 101 of the Federal Mine Safety and Health Act of 1977.

Alternatives: The requirements of this rule (``single, full-shift 
sample rule'') will work in tandem with those of the proposed rule (RIN 
1219-AB14) in which MSHA would verify the effectiveness of ventilation 
plans as well as conduct all compliance sampling in underground coal 
mines.

[[Page 25717]]

Anticipated Cost and Benefits: Benefits sought are eliminating coal 
workers pneumoconiosis by over-exposures to respirable coal dust on 
each and every production shift. Additional benefits include: reduced 
health care costs, disability and black lung benefit payments. There 
would be a cost savings for mine operators when MSHA completely takes 
over compliance and abatement sampling for respirable dust once this 
rule is promulgated. We have developed cost estimates and have made 
them available for public review.

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

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            07/07/00                    65 FR 42068
Notice of Hearings; Close of 
Record                          07/07/00                    65 FR 42185
Extension of Comment Period; 
Close of Record                 09/08/00                    65 FR 49215
Final Action                     To Be                       Determined

Regulatory Flexibility Analysis Required: Yes

Small Entities Affected: Businesses

Government Levels Affected: None

Additional Information: This rulemaking is related to RIN 1219-AB14 
(Verification of Underground Coal Mine Operators' Dust Control Plans 
and Compliance Sampling for Respirable Dust).

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

RIN: 1219-AB18
_______________________________________________________________________




1933. VERIFICATION OF SURFACE COAL MINE DUST CONTROL PLANS

Priority: Other Significant

Legal Authority: Not Yet Determined

CFR Citation: 30 CFR 71

Legal Deadline: None

Abstract: The Secretary of Labor's Advisory Committee on the 
Elimination of Pneumoconiosis Among Coal Workers made several 
recommendations that 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 proposed 
underground rule (1219-AB14)Verification of Underground Coal Mine 
Operators' Dust Control Plans and Compliance Sampling for Respirable 
Dust. These issues include 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: No

Government Levels Affected: None

Agency Contact: David L. Meyer, 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
_______________________________________________________________________




1934. 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: Overexposure to asbestos causes mesothelioma and other forms 
of cancers such as cancers of the digestive system. MSHA's asbestos 
standard is 20 years old. Recent scientific data indicate that the 
existing permissible exposure limit (PEL) is not protective of miners' 
health. MSHA is considering rulemaking to lower the asbestos PEL 
because miners are 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: David L. Meyer, 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
_______________________________________________________________________




1935.  CONTINUOUS MONITORING OF RESPIRABLE COAL MINE DUST IN 
UNDERGROUND COAL MINES

Priority: Other Significant

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

CFR Citation: 30 CFR 70; 30 CFR 72; 30 CFR 75; 30 CFR 90

Legal Deadline: None

Abstract: Based on available technology, MSHA's current regulations to 
control underground coal miners' exposure to respirable coal mine dust 
employ periodic inspector and operator sampling for overexposures. MSHA 
recognizes that continuous respirable dust monitors, under development, 
would allow mine operators and miners to be aware of the actual dust 
cconditions at all times, thereby enabling immediate action to avert 
overexposures. The ability to monitor dust exposures continuously 
during each workshift, predict end-of-work-shift cumulative exposures, 
and to display the actual end-of-work-shift exposures would be far more 
effective in controlling exposures to respirable coal mine dust than 
the current system. Continuous monitors when used effectively could 
greatly reduce coal miners' occupational lifetime exposures to 
respirable coal mine dust and the associated risks for developing 
occupational lung disease. For operators who would use continuous 
monitoring, we would solicit comments on proposed modifications to the 
current dust control regulations. Moreover, for operators who would not 
use continuous monitors, we would

[[Page 25718]]

identify how the current periodic dust monitoring sampling program 
could be improved, to increase protection of miners from occupational 
exposure to respirable coal mine dust.

Timetable: Next Action Undetermined

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: Undetermined

Agency Contact: David L. Meyer, 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-AB27
_______________________________________________________________________


DEPARTMENT OF LABOR (DOL)                             Completed Actions


Mine Safety and Health Administration (MSHA)



_______________________________________________________________________




1936. DIESEL PARTICULATE MATTER (EXPOSURE OF UNDERGROUND COAL MINERS)

Priority: Other Significant

Legal Authority: 30 USC 811; 30 USC 813

CFR Citation: 30 CFR 72

Legal Deadline: None

Abstract: Epidemiological studies indicate that diesel exhaust presents 
potential health risks to workers ranging from headaches and nausea to 
respiratory disease and cancer. The National Institute for Occupational 
Safety and Health considers whole diesel exhaust to be a potential 
occupational carcinogen. The International Agency for Research on 
Cancer found that diesel engine exhaust is probably carcinogenic to 
humans.
The final rule for underground coal mines requires that the diesel 
particulate matter (dpm) emissions from certain pieces of equipment be 
restricted to prescribed levels, and requires operators to train miners 
about the hazards of dpm exposure.

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

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

Summary of Legal Basis: Promulgation of these regulations is authorized 
by sections 101, 103, and 508 of the Federal Mine Safety and Health Act 
of 1977.

Alternatives: In the fall of 1995, we held a series of public workshops 
to gather suggestions for possible approaches to limit miners' exposure 
to diesel particulate. In addition, over the past 10 years, MSHA and 
the former Bureau of Mines have conducted research on methodologies for 
the measurement and control of diesel particulate in the mining 
environment. This research has demonstrated that the use of low sulfur 
fuel, good engine maintenance, exhaust after-treatment, new engine 
technology, and optimized application of ventilating air all play a 
role in reducing miners' exposure to diesel exhaust particulate matter. 
We considered establishing a PEL for diesel particulate in coal mines, 
but found there was no method suitable for such compliance, as in 
underground metal and nonmetal mines, due to the inability of the 
available methods to distinguish between coal dust and dpm.

Anticipated Cost and Benefits: Total compliance costs for underground 
coal mines that use diesel powered equipment are about $7 million a 
year.

Benefits of the rule include reductions in lung cancer. MSHA estimates 
that a minimum of 1.8 lung cancer deaths will be avoided per year. The 
rule will also reduce the risk of death from cardiovascular, 
cardiopulmonary, and respiratory causes and reduction in sensory 
irritation and respiratory symptoms. MSHA does not believe that the 
available data can support reliable or precise quantitative estimates 
of these benefits. Nevertheless, the expected reductions in the risk of 
death from cardiovascular, cardiopulmonary, and respiratory causes 
appear to be significant, and the expected reductions in sensory 
irritation and respiratory symptoms appear to be rather large.

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

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

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

[[Page 25719]]

Availability of Documents; 
Request for Comments            06/30/00                    65 FR 40557
Final Action                    01/19/01                     66 FR 5526
Final Action Effective          03/20/01
Delay of Final Action Effective 
Date to 05/21/01                03/15/01                    66 FR 15033

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

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

RIN: 1219-AA74
_______________________________________________________________________




1937. DIESEL PARTICULATE MATTER (EXPOSURE OF UNDERGROUND METAL AND 
NONMETAL MINERS)

Priority: Other Significant

Legal Authority: 30 USC 811; 30 USC 813

CFR Citation: 30 CFR 57

Legal Deadline: None

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

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

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

Summary of Legal Basis: Promulgation of these regulations is authorized 
by sections 101 and 103 of the Federal Mine Safety and Health Act of 
1977.

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

Anticipated Cost and Benefits: The costs per year to the underground 
metal and nonmetal industry are about $25.1 million. The cost for an 
average underground metal and nonmetal mine is expected to be about 
$128,000 annually.

Benefits of the rule include reductions in lung cancer. MSHA estimates 
that a minimum of 1.8 lung cancer deaths will be avoided per year. The 
rule will also reduce the risk of death from cardiovascular, 
cardiopulmonary, and respiratory causes and reduction in sensory 
irritation and respiratory symptoms. MSHA does not believe that the 
available data can support reliable or precise quantitative estimates 
of these benefits. Nevertheless, the expected reductions in the risk of 
death from cardiovascular, cardiopulmonary, and respiratory causes 
appear to be significant, and the expected reductions in sensory 
irritation and respiratory symptoms appear to be rather large.

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

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           01/06/92                      57 FR 500
ANPRM Comment Period End        07/10/92                     57 FR 7906
NPRM                            10/29/98                    63 FR 58104
Extension of Comment Period; 
Availability of Studies; Close 
of Record                       02/12/99                     64 FR 7144
Notice of Hearings; Close of 
Record                          03/24/99                    64 FR 14200
Corrections                     07/08/99                    64 FR 36826
Availability of Documents; 
Request for Comments            06/30/00                    65 FR 40557
Final Action                    01/19/01                     66 FR 5706
Final Action Effective          03/20/01
Delay of Final Action Effective 
Date to 05/21/01                03/15/01                    66 FR 15032

Regulatory Flexibility Analysis Required: Yes

Small Entities Affected: Businesses

Government Levels Affected: None

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

RIN: 1219-AB11

[[Page 25720]]

_______________________________________________________________________


DEPARTMENT OF LABOR (DOL)                              Final Rule Stage


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



_______________________________________________________________________




1938. 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, Deadline 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, Government-wide 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 Government-wide rule, and to submit final 
agency regulations to HHS no later than 120 days after publication of 
the NPRM. As a practical matter, while DOL has not issued proposed or 
final regulations under the Age Discrimination Act, it has complied 
with its enforcement obligations. Furthermore, discrimination on the 
basis of age is prohibited under section 167 of the Job Training 
Partnership Act of 1982 and the implementing regulations at 29 CFR 34.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

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

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: 202 693-6515
Fax: 202 219-5658
Email: [email protected]

RIN: 1291-AA21
_______________________________________________________________________




1939. IMPLEMENTATION OF THE NONDISCRIMINATION AND EQUAL OPPORTUNITY 
REQUIREMENTS OF THE WORKFORCE INVESTMENT ACT OF 1998

Priority: Substantive, Nonsignificant

Legal Authority: 29 USC 2938 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, and 
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                      10/00/01

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: 202 693-6515
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)



_______________________________________________________________________




1940. 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 Regulation and organizational changes within DOL.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Internal Review and Drafting     To Be                       Determined

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.

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

[[Page 25721]]

Email: [email protected]

RIN: 1291-AA20
_______________________________________________________________________




1941. AUDITS OF STATES, LOCAL GOVERNMENTS, AND NONPROFIT ORGANIZATIONS

Priority: Info./Admin./Other

Legal Authority: 31 USC 7501 Single Audit Act Amendments of 1996; OMB 
Circular A-110; OMB Circular A-133

CFR Citation: 29 CFR 99

Legal Deadline: None

Abstract: This action adds a new 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
Interim Final Rule Comment 
Period End                      05/24/99
Final Rule                       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
_______________________________________________________________________




1942. AUDIT REQUIREMENTS FOR GRANTS, CONTRACTS, AND OTHER AGREEMENTS

Priority: Info./Admin./Other

Legal Authority: 31 USC 7500 et seq; OMB Circular A-133

CFR Citation: 29 CFR 96

Legal Deadline: None

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

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              03/25/99                    64 FR 14537
Interim Final Rule Effective    03/25/99
Interim Final Rule Comment 
Period End                      05/24/99
Final Rule                       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
_______________________________________________________________________




1943. 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: 202 693-6515
Fax: 202 219-5658
Email: [email protected]

RIN: 1291-AA28
_______________________________________________________________________




1944. 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 to 
establish revised regulations for Grants. Congress included a two-
sentence provision in OMB's appropriation for fiscal year 1999, 
contained in Public Law 105-277, directing OMB to revise section 95.36 
of Circular A-110 ``to require Federal

[[Page 25722]]

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 with 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
Final Rule                       To Be                       Determined

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

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
_______________________________________________________________________




1945. 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                            12/06/00                    65 FR 76460
NPRM Comment Period End         01/05/01
Final Rule                       To Be                       Determined

Regulatory Flexibility Analysis Required: No

Small Entities Affected: 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: 202 693-6515
Fax: 202 219-5658
Email: [email protected]

RIN: 1291-AA31
_______________________________________________________________________




1946.  GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) 
AND GOVERNMENTWIDE REQUIREMENTS FOR DRUG FREE WORKPLACE (GRANTS) 29 CFR 
98

Priority: Substantive, Nonsignificant

Legal Authority: 5 USC 301; 40 USC 486(c); 41 USC 701

CFR Citation: 29 CFR 94; 29 CFR 98

Legal Deadline: None

Abstract: OMB established a Committee to update these regulations on 
debarment of grantees and enforcement of the Drug Free Workplace for 
grantees.

Timetable: Next Action Undetermined

Regulatory Flexibility Analysis Required: Undetermined

Small Entities Affected: No

Government Levels Affected: Undetermined

Additional Information: Regulation will be redrafted and submitted by 
the interagency committee.

Agency Contact: Jeffrey D Saylor, Procurement Analyst, Department of 
Labor, Office of the Assistant Secretary for Administration and 
Management, 200 Constitution Avenue, NW, Room N5425, FP Building
Phone: 202 219-9174
Fax: 202 219-9440
Email: [email protected]

RIN: 1291-AA33
_______________________________________________________________________


DEPARTMENT OF LABOR (DOL)                                 Prerule Stage


Occupational Safety and Health Administration (OSHA)



_______________________________________________________________________




1947. 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

[[Page 25723]]

published in a report available to the public in 2001.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Begin Review                    10/01/96
Publish Report                  11/00/01

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-AB60
_______________________________________________________________________




1948. 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 is to publish, in November 2001, 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                 11/00/01
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
_______________________________________________________________________




1949. 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                      11/00/01

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
_______________________________________________________________________




1950. 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                           11/00/01

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

[[Page 25724]]

Constitution Avenue NW, FP Building, Washington, DC 20210
Phone: 202 693-1950
Fax: 202 693-1678

RIN: 1218-AB86
_______________________________________________________________________




1951. SANITATION IN THE CONSTRUCTION INDUSTRY

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                           11/00/01

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
_______________________________________________________________________




1952. 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) in November 2001, and to initiate stakeholder 
meetings 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                           11/00/01

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-AB89
_______________________________________________________________________


DEPARTMENT OF LABOR (DOL)                           Proposed Rule Stage


Occupational Safety and Health Administration (OSHA)



_______________________________________________________________________




1953. 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

[[Page 25725]]

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                            11/00/01

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
_______________________________________________________________________




1954. 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                            11/00/01

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
_______________________________________________________________________




1955. 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

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
_______________________________________________________________________




1956. 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 1947) the name of the 20 
substances from which the proposed new PELs for the first update were 
chosen: carbon

[[Page 25726]]

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                            11/00/01

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
_______________________________________________________________________




1957. 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
_______________________________________________________________________




1958. PLAIN LANGUAGE REVISION OF THE FLAMMABLE AND COMBUSTIBLE LIQUIDS 
STANDARD

Priority: Substantive, Nonsignificant

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

CFR Citation: 29 CFR 1910.106

Legal Deadline: None

Abstract: OSHA has identified this standard for revision as part of an 
initiative on federal regulations discussed in the U.S. Department of 
Labor report of June 15, 1995 and to respond to the June 1998 executive 
memo on plain language. OSHA intends to propose a plain language 
revision of the regulations contained in 29 CFR 1910.106 addressing 
flammable and combustible liquids storage.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            11/00/01

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
_______________________________________________________________________




1959. PLAIN LANGUAGE REVISION OF THE MECHANICAL POWER-TRANSMISSION 
APPARATUS STANDARD

Priority: Substantive, Nonsignificant

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 an initiative on Federal regulations discussed in 
the U.S. Department of Labor Report of June 15, 1995 and to respond to 
the June 1998 Executive Memo on Plain

[[Page 25727]]

Language. OSHA intends to propose a plain language revision of the 
rule.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM - Mechanical Power-
Transmission Apparatus          11/00/01

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
_______________________________________________________________________




1960. 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

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

CFR Citation: 29 CFR 1910.136; 29 CFR 1910.137; 29 CFR 1910.269; 29 CFR 
1926.97; 29 CFR 1926.950 to 968

Legal Deadline: None

Abstract: The annual fatality rate for power line workers is over 50 
deaths per 100,000 employees. The construction industry standard 
addressing the safety of these workers during the construction of 
electric power transmission and distribution lines is over 20 years 
old. OSHA is developing a revision of this standard that will prevent 
many of these fatalities, that will add flexibility to the standard, 
and that will update and streamline the standard. In addition, OSHA 
intends to amend the corresponding standard for general industry so 
that requirements for work performed during maintenance of electric 
power transmission and distribution installations are the same as those 
for similar work in construction.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            11/00/01

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
_______________________________________________________________________




1961. OCCUPATIONAL EXPOSURE TO CRYSTALLINE SILICA

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

Unfunded Mandates: Undetermined

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

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

Legal Deadline: None

Abstract: Silica exposure remains a serious threat to nearly 2 million 
U.S. workers, including more than 100,000 workers in high risk jobs 
such as abrasive blasting, foundry work, stonecutting, rock drilling, 
quarry work and tunneling. The seriousness of the health hazards 
associated with silica exposure is demonstrated by the fatalities and 
disabling illnesses that continue to occur in sandblasters and rock 
drillers and by recent studies that demonstrate a statistically 
significant increase in lung cancer among silica-exposed workers. In 
October 1996, the International Agency for Research on Cancer 
classified crystalline silica as ``carcinogenic to humans.'' Exposure 
studies indicate that some workers are still exposed to very high 
levels of silica. Although OSHA currently has a permissible exposure 
limit for crystalline silica (10 mg/m3 divided by the percent of silica 
in the dust (respirable + 2)), more than 30 percent of OSHA-collected 
silica samples from 1982 through 1991 exceeded this limit. Additionally 
recent studies suggest that the current OSHA standard is insufficient 
to protect against silicosis. OSHA plans to publish a proposed rule on 
crystalline silica under section 6(b)(5) of the Act. The standard would 
protect silica-exposed workers in general industry, construction and 
maritime.

Statement of Need: The current OSHA permissible exposure limit for 
silica is 10 mg/m3 divided by the percent of silica in the dust + 2 
(respirable) and 30 mg/m3 divided by the percent of silica in the dust 
+ 2 (total dust). In the interval since this limit was promulgated 
there have been a number of studies of workers that have estimated that 
close to 50 percent of workers exposed to silica at the current limit 
for a 45-year working lifetime would develop silicosis, a disabling, 
progressive and sometimes fatal disease involving scarring of the lung, 
coughing, and shortness of breath. There are currently about 300 deaths 
reported per year from silicosis. However, the actual number of cases 
and the true risk is unknown due to inadequate case identification, 
which means that the number of deaths is probably underreported. Also, 
since the promulgation of OSHA's permissible exposure limit, studies 
have demonstrated a statistically significant, dose-related increase in 
lung cancer in several occupational groups.

Because of these recent findings, OSHA believes that it will be 
necessary to conduct a risk assessment to determine whether the current 
permissible exposure limit is protective of worker health. OSHA also 
believes that, in addition to the permissible exposure limit, the 
ancillary provisions, such as engineering controls, provided by a 
comprehensive standard will be necessary to reduce worker exposure to 
crystalline silica.

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

Alternatives: OSHA has considered or conducted several programs 
designed to reduce worker exposure to crystalline silica. The OSHA 
Special Emphasis Program for Silicosis provides inspection targeting to 
reduce or eliminate workplace exposures to

[[Page 25728]]

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

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

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

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            11/00/01

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-AB70
_______________________________________________________________________




1962. 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
_______________________________________________________________________




1963. STANDARDS IMPROVEMENT (MISCELLANEOUS CHANGES) FOR GENERAL 
INDUSTRY, MARINE TERMINALS, AND CONSTRUCTION STANDARDS (PHASE II)

Priority: Substantive, Nonsignificant

Legal Authority: 29 USC 655(b)

CFR Citation: 29 CFR 1910.142; 29 CFR 1910.178; 29 CFR 1910.219; 29 CFR 
1910.261; 29 CFR 1910.265; 29 CFR 1910.410; 29 CFR 1910.1001 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

[[Page 25729]]

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                            11/00/01

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-AB81
_______________________________________________________________________




1964. PLAIN LANGUAGE REVISIONS TO SPRAY APPLICATIONS

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

Unfunded Mandates: Undetermined

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

CFR Citation: 29 CFR 1910.107; 29 CFR 1910.94(c) and 1910.94(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                            11/00/01

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-AB84
_______________________________________________________________________




1965. CHANGES TO STATE PLANS

Priority: Substantive, Nonsignificant

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                            11/00/01

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: State, Federal

Agency Contact: Paula O. White, Director, Federal-State Operations, 
Department of Labor, Occupational Safety and Health Administration, 
Room N3700, 200 Constitution Avenue NW, FP Building, Washington, DC 
20210
Phone: 202 693-2200
Fax: 202 693-1671
Email: [email protected]

[[Page 25730]]

ov

RIN: 1218-AB91
_______________________________________________________________________


DEPARTMENT OF LABOR (DOL)                              Final Rule Stage


Occupational Safety and Health Administration (OSHA)



_______________________________________________________________________




1966. 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.

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
Final Rule - Assigned Protection 
Factors                         12/00/01

Regulatory Flexibility Analysis Required: No

Government Levels Affected: State, Local, Tribal, Federal

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
_______________________________________________________________________




1967. 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                    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-AA84
_______________________________________________________________________




1968. 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

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) and re-
proposing certain sections of the walking and working surfaces rule.

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)          11/00/01

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
_______________________________________________________________________




1969. PLAIN LANGUAGE REVISIONS TO THE EXIT ROUTE STANDARD

Priority: Substantive, Nonsignificant

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

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

Legal Deadline: None

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

[[Page 25731]]

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            09/10/96                    61 FR 47712
Public Hearing                  04/29/97                     62 FR 9402
Final Rule                      11/00/01

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-AB82
_______________________________________________________________________




1970. SIGNS, SIGNALS, AND BARRICADES

Priority: Substantive, Nonsignificant

Unfunded Mandates: Undetermined

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

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

Legal Deadline: None

Abstract: OSHA's standard on Signs, Signals and Barricades (subpart G-
29 CFR 1926.200 through 1926.203) currently incorporates the American 
National Standards Institute's 1971 industry consensus standard ANSI 
D6.1-1971. The ANSI organization has withdrawn its 1971 standard and 
the U.S. Department of Transportation has issued an updated standard 
entitled: A Manual on Uniform Traffic Control Devices (MUTCD). Because 
the OSHA standard is out of date, the Agency intends to issue a Direct 
Final Rule to update subpart G to reflect the requirements of the 
Department of Transportation's MUTCD.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Direct Final Rule               11/00/01

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

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

RIN: 1218-AB88
_______________________________________________________________________


DEPARTMENT OF LABOR (DOL)                             Long-Term Actions


Occupational Safety and Health Administration (OSHA)



_______________________________________________________________________




1971. 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

Legal Authority: 33 USC 941; 29 USC 655

CFR Citation: 29 CFR 1918.11; 29 CFR 1918.85

Legal Deadline: None

Abstract: OSHA issued a final rule on Longshoring on July 25, 1997 (62 
FR 40142). However, in that rule, the Agency reserved provisions 
related to vertical tandem lifts. Vertical tandem lifts (VTLs) involve 
the lifting of two empty single intermodal containers, secured together 
with twist locks, at the same time. Because some commenters to the 
record questioned the safety of allowing such tandem lifts and the 
record does not contain adequate information to allow the Agency to 
address this issue, OSHA is gathering additional information. The 
Agency will make a decision about whether to proceed with rulemaking or 
to address this issue through a compliance directive in 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
_______________________________________________________________________




1972. SCAFFOLDS IN SHIPYARDS (PART 1915 -- SUBPART N)

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

Unfunded Mandates: Undetermined

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

[[Page 25732]]

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 End              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
_______________________________________________________________________




1973. 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

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

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

Legal Deadline: None

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

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            11/29/88                    53 FR 48130
NPRM Comment Period End         02/27/89


Next Action Undetermined

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: Undetermined

Agency Contact: Marthe B. Kent, Director, Directorate of Safety 
Standards Programs, Department of Labor, Occupational Safety and Health 
Administration, Room N3609, 200 Constitution Avenue NW, FP Building, 
Washington, DC 20210
Phone: 202 693-2222
Fax: 202 693-1663

RIN: 1218-AA70
_______________________________________________________________________




1974. 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


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

[[Page 25733]]

_______________________________________________________________________




1975. 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                    59 FR 30560
Record Closed                   02/09/96


Next Action Undetermined

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: Undetermined

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

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

RIN: 1218-AB37
_______________________________________________________________________




1976. SAFETY AND HEALTH PROGRAMS (FOR GENERAL INDUSTRY AND THE MARITIME 
INDUSTRIES)

Priority: Economically Significant. Major under 5 USC 801.

Unfunded Mandates: Undetermined

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

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

Legal Deadline: None

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

Statement of Need: Worksite-specific safety and health programs are 
increasingly being recognized as the most effective way of reducing 
job-related accidents, injuries, and illnesses. Many States have to 
date passed legislation and/or regulations mandating such programs for 
some or all employers, and insurance companies have also been 
encouraging their client companies to implement these programs, because 
the results they have achieved have been dramatic. In addition, all of 
the companies in OSHA's Voluntary Protection Programs have established 
such programs and are reporting injury and illness rates that are 
sometimes only 20 percent of the average for other establishments in 
their industry. Safety and health programs apparently achieve these 
results by actively engaging front-line employees, who are closest to 
operations in the workplace and have the highest stake in preventing 
job-related accidents, in the process of identifying and correcting 
occupational hazards. Finding and fixing workplace hazards is a cost-
effective process, both in terms of the avoidance of pain and suffering 
and the prevention of the expenditure of large sums of money to pay for 
the direct and indirect costs of these injuries and illnesses. For 
example, many employers report that these programs return between $5 
and $9 for every dollar invested in the

[[Page 25734]]

program, and almost all employers with such programs experience 
substantial reductions in their workers' compensation premiums. OSHA 
believes that having employers evaluate the job-related safety and 
health hazards in their workplace and address any hazards identified 
before they cause occupational injuries, illnesses, or deaths is an 
excellent example of ``regulating smarter,'' because all parties will 
benefit: workers will avoid the injuries and illnesses they are 
currently experiencing; employers will save substantial sums of money 
and increase their productivity and competitiveness; and OSHA's scarce 
resources will be leveraged as employers and employees join together to 
identify, correct, and prevent job-related safety and health hazards.

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

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

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

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

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                             To Be                       Determined

Regulatory Flexibility Analysis Required: Yes

Small Entities Affected: Businesses

Government Levels Affected: State

Federalism:  Undetermined

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

Agency Contact: Marthe B. Kent, Director, Directorate of Safety 
Standards Programs, Department of Labor, Occupational Safety and Health 
Administration, Room N3609, 200 Constitution Avenue NW, FP Building, 
Washington, DC 20210
Phone: 202 693-2222
Fax: 202 693-1663

RIN: 1218-AB41
_______________________________________________________________________




1977. OCCUPATIONAL EXPOSURE TO TUBERCULOSIS

Priority: Economically Significant. Major under 5 USC 801.

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

Legal Authority: 29 USC 655(b)

CFR Citation: 29 CFR 1910.1035

Legal Deadline: None

Abstract: On August 25, 1993, the Labor Coalition to Fight TB in the 
Workplace petitioned the Occupational Safety and Health Administration 
(OSHA) to develop an occupational health standard to protect workers 
against the transmission of tuberculosis (TB). The Coalition stated 
that although the Centers for Disease Control and Prevention (CDC) had 
developed guidelines for controlling the spread of TB, many of the TB 
outbreak investigations conducted by CDC showed that many employers 
were not fully implementing the CDC guidelines. After reviewing the 
available information, OSHA preliminarily concluded that a significant 
risk of occupational transmission of TB exists for some workers in some 
work settings and began rulemaking on a proposed standard.
To assist in the development of the proposed standard, OSHA consulted 
with parties outside the Agency. The preliminary risk assessment was 
peer-reviewed by four experts with specific knowledge in the areas of 
TB disease and risk assessment. In addition, OSHA conducted stakeholder 
meetings with representatives of various groups that might be affected 
by the proposed standard. The draft proposed standard

[[Page 25735]]

was also reviewed and commented on by affected small business entities 
under the Small Business Advocacy Review Panel requirements of the 
Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA) and 
by the Office of Management and Budget (OMB) under Executive Order 
12866.
On October 17, 1997, OSHA published its proposed standard for 
occupational exposure to TB (62 FR 54160). The proposed standard would 
cover workers in hospitals, nursing homes, hospices, correctional 
facilities, homeless shelters, and certain other work settings where 
workers are at significant risk of becoming infected with TB while 
caring for their patients or clients or performing certain procedures. 
The proposed standard would require employers to protect TB-exposed 
workers using infection control measures that have been shown to be 
highly effective in reducing or eliminating work-related TB infections. 
Such measures include procedures for early identification of 
individuals with infectious TB, isolation of individuals with 
infectious TB using appropriate ventilation, use of respiratory 
protection in certain situations, and skin testing and training of 
employees.
After the close of the written comment period for the proposed standard 
on February 17, 1998, informal public hearings were held in Washington, 
DC (April 7-17), Los Angeles, CA (May 5-7), New York City, NY (May 19-
21), and Chicago, IL (June 2-4). At the end of the public hearings a 
post-hearing comment period was established. The post-hearing comment 
period closed on October 5, 1998. On June 17, 1999 OSHA reopened the 
rulemaking record to submit the Agency's report on homeless shelters 
and certain other documents that became available to the Agency after 
the close of the post-hearing comment period. During this limited 
reopening of the rulemaking record, OSHA also requested interested 
parties to submit comments and data on the Agency's preliminary risk 
assessment in order to obtain the best, most recent data for providing 
the most accurate estimates of the occupational risk of tuberculosis.

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

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

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

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

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

Risks: From 1985 to 1992, the number of reported cases of TB in the 
United States increased, reversing a previous 30-year downward trend. 
While there has been a recent decrease in the reported number of cases 
of TB in the general population, a large part of this decrease can be 
attributed to focused

[[Page 25736]]

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

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

SBREFA Panel                    09/10/96
NPRM                            10/17/97                    62 FR 54160
NPRM Comment Period End         02/17/98                    62 FR 65388
Post Hearing Comment End        10/05/98
Record Reopening                06/17/99                    64 FR 32447
Second Reopening Comment Period 
End                             06/28/99                    64 FR 34625
Reopening Comment Period End    08/02/99
Final Rule                       To Be                       Determined

Regulatory Flexibility Analysis Required: Yes

Small Entities Affected: Businesses, Governmental Jurisdictions, 
Organizations

Government Levels Affected: State, Local, Tribal, Federal

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

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

RIN: 1218-AB46
_______________________________________________________________________




1978. GENERAL WORKING CONDITIONS FOR SHIPYARD EMPLOYMENT

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

Unfunded Mandates: Undetermined

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
_______________________________________________________________________




1979. FALL PROTECTION IN THE CONSTRUCTION INDUSTRY

Priority: Substantive, Nonsignificant

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

CFR Citation: 29 CFR 1926

Legal Deadline: None

Abstract: OSHA issued an ANPRM to gather information on fall protection 
issues regarding certain construction processes such as residential 
home building, precast concrete operations and post frame construction. 
The issues relate to the fall protection rules as they now apply to 
roofing work, residential construction operations, climbing 
reinforcement steel and vendors delivering materials to construction 
projects. These issues have arisen since OSHA revised the fall 
protection standard in August 1994. The comment period 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
_______________________________________________________________________




1980. 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

[[Page 25737]]

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
_______________________________________________________________________




1981. 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
_______________________________________________________________________




1982. 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 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
_______________________________________________________________________




1983. EMPLOYER PAYMENT FOR PERSONAL PROTECTIVE EQUIPMENT

Priority: Other Significant

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

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

Legal Deadline: None

Abstract: Generally, OSHA standards require that protective equipment

[[Page 25738]]

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

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

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

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

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

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

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

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

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

Regulatory Flexibility Analysis Required: No

Small Entities Affected: Businesses

Government Levels Affected: State, Local, Federal

Agency Contact: Marthe B. Kent, Director, Directorate of Safety 
Standards Programs, Department of Labor, Occupational Safety and Health 
Administration, Room N3609, 200 Constitution Avenue NW, FP Building, 
Washington, DC 20210
Phone: 202 693-2222
Fax: 202 693-1663

RIN: 1218-AB77
_______________________________________________________________________




1984. CONSOLIDATION OF RECORDS MAINTENANCE REQUIREMENTS IN OSHA 
STANDARDS

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

Unfunded Mandates: Undetermined

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

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

Legal Deadline: None

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

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                             To Be                       Determined

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: Undetermined

Agency Contact: Marthe B. Kent, Director, Directorate of Safety 
Standards Programs, Department of Labor, Occupational Safety and Health 
Administration, Room N3609, 200 Constitution Avenue NW, FP Building, 
Washington, DC 20210
Phone: 202 693-2222
Fax: 202 693-1663

RIN: 1218-AB78

[[Page 25739]]

_______________________________________________________________________




1985. 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
_______________________________________________________________________




1986. WOODWORKING MACHINERY

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

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
_______________________________________________________________________




1987. 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
Phone: 202 693-1950
Fax: 202 693-1678

RIN: 1218-AB94

[[Page 25740]]

_______________________________________________________________________




1988. SUBPART S--ELECTRICAL STANDARDS

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

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 requirements 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
_______________________________________________________________________




1989. 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
_______________________________________________________________________




1990. 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 OSHA granted 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
_______________________________________________________________________




1991.  PROCEDURES FOR HANDLING OF DISCRIMINATION COMPLAINTS 
UNDER THE AVIATION INVESTMENT AND REFORM ACT

Priority: Info./Admin./Other

Legal Authority: PL 106-181, Wendell H. ford Aviation Investment and 
Reform Act, sec 519; 49 USC 42121

CFR Citation: Not Yet Determined

Legal Deadline: None

Abstract: On March 8, 2000, Congress enacted the Wendell H. Ford 
Aviation Investment and Reform Act for the 21st Century, commonly known 
as the Air Act. Section 519 of the Act (49 USC 42121) prohibits air 
carriers or air carrier contractors or subcontractors from discharging 
or otherwise discriminating against employees for exercising specified 
rights under the

[[Page 25741]]

Act. The Act further provides that the Secretary of Labor investigate 
employee claims of discrimination and ultimately issue a determination 
and order after an opportunity for either party to request a hearing on 
the record. Procedural rules are needed for filing, investigating, 
litigating, and adjudicating complaints filed pursuant to the Act.

Timetable: Next Action Undetermined

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: None

Agency Contact: John Robert Spear, Director, Office of Investigative 
Assistance, Department of Labor, Occupational Safety and Health 
Administration, 200 Constitution Avenue, NW, Washington, DC 20210
Phone: 202 693-2187
Fax: 202 693-1681
Email: [email protected]

RIN: 1218-AB99
_______________________________________________________________________


DEPARTMENT OF LABOR (DOL)                             Completed Actions


Occupational Safety and Health Administration (OSHA)



_______________________________________________________________________




1992. STEEL ERECTION (PART 1926) (SAFETY PROTECTION FOR IRONWORKERS)

Priority: Economically Significant. Major under 5 USC 801.

Legal Authority: 29 USC 655; 40 USC 333

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

Legal Deadline: None

Abstract: In 1992, OSHA announced that it would develop a proposal for 
revising steel erection safety requirements using the negotiated 
rulemaking process. An advisory committee for this rule was formed in 
1994. Its work resulted in the publication of a proposed rule on August 
13, 1998. A public hearing was held in Washington, DC, on December 1-
11, 1998. The post-hearing comment period closed April 12, 1999. OSHA 
published the final rule on January 18, 2001.

Statement of Need: In light of the significant number of steel erection 
fatalities and injuries and concerns that the Agency's existing rule 
fails to adequately address a number of factors affecting safety, OSHA 
determined that the former rule needed to be revised.

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

Anticipated Cost and Benefits: The annualized costs of compliance are 
$78.4 million dollars. Benefits are expected to include the prevention 
of about 22 fatalities and 838 lost workday injuries per year.

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

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Notice of Committee 
Establishment                   05/11/94                    59 FR 24389
NPRM                            08/13/98                    63 FR 43451
NPRM Comment Period End         11/17/98
Public Hearing                  12/01/98
Final Rule                      01/18/01                     66 FR 5195
Final Rule Effective            09/16/01

Regulatory Flexibility Analysis Required: Yes

Small Entities Affected: Businesses

Government Levels Affected: None

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

RIN: 1218-AA65
_______________________________________________________________________




1993. RECORDING AND REPORTING OCCUPATIONAL INJURIES AND ILLNESSES 
(SIMPLIFIED INJURY/ILLNESS RECORDKEEPING REQUIREMENTS)

Priority: Other Significant

Legal Authority: 29 USC 657; 29 USC 673

CFR Citation: 29 CFR 1904; 29 CFR 1952.4

Legal Deadline: None

Abstract: OSHA requires employers to keep records of occupational 
illnesses and injuries. These records are used by OSHA and the Bureau 
of Labor Statistics (BLS), among others, to develop data on workplace 
safety and health by industry and across industries. Over the years 
concerns about the reliability and utility of these data have been 
raised by Congress, the National Institute for Occupational Safety and 
Health (NIOSH), the National Academy of Sciences, the Office of 
Management and Budget (OMB), the General Accounting Office, business 
and labor, as well as BLS and OSHA. In the late 1980s, OSHA contracted 
with the Keystone Center to bring together representatives of industry, 
labor, government, and academia in a year-long effort to discuss 
problems with OSHA's injury and illness recordkeeping system. Keystone 
issued a report with specific recommendations on how to improve the 
system. In 1995, OSHA held several meetings with stakeholders from 
business, labor and government to obtain feedback on a draft OSHA 
recordkeeping proposal and to gather related information.
OSHA published a Notice of Proposed Rulemaking (NPRM) in the February 
2, 1996 Federal Register that contained revised recordkeeping 
requirements and recordkeeping forms. The original 90-day public 
comment period was extended another 60 days and ended July 2, 1996. 
During that comment period, the public submitted over 450 written 
comments to OSHA Docket R-02. In addition, OSHA held two public 
meetings in Washington, DC (March 26-29 and April 30-May 1) resulting 
in 1,200 pages of transcripts from nearly 60 presentations. OSHA issued 
a final rule that incorporates changes based on an analysis of the 
public comments and testimony on January 19, 2001.

[[Page 25742]]

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

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

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

Anticipated Cost and Benefits: The annual costs of the rule are $38.6 
million. The potential benefits of the rule are the avoidance of 29,000 
to 58,000 injuries and illnesses per year.

Risks: Not applicable.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            02/02/96                     61 FR 4030
NPRM Comment Period End         07/02/96
Final Action                    01/19/01                     66 FR 5916
Final Action Effective          01/01/02

Regulatory Flexibility Analysis Required: Yes

Small Entities Affected: Businesses, Organizations

Government Levels Affected: None

Agency Contact: Marthe B. Kent, Director, Directorate of Safety 
Standards Programs, Department of Labor, Occupational Safety and Health 
Administration, Room N3609, 200 Constitution Avenue NW, FP Building, 
Washington, DC 20210
Phone: 202 693-2222
Fax: 202 693-1663

RIN: 1218-AB24
_______________________________________________________________________




1994. ERGONOMICS PROGRAMS: PREVENTING MUSCULOSKELETAL DISORDERS

Priority: Economically Significant. Major under 5 USC 801.

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

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

CFR Citation: 29 CFR 1910

Legal Deadline: None

Abstract: On November 14, 2000, OSHA published a final rule addressing 
ergonomic programs in general industry (65 FR 68262). The rule became 
effective on January 16, 2001. However, under the Congressional Review 
Act, Congress has passed and the President has signed, Public Law 107-
5, a resolution of disapproval of OSHA's final Ergonomics Program 
standard. Because Public Law 107-5 invalidates the standard, OSHA has 
removed it from the Code of Federal Regulations. Removal of the final 
standard was effective April 23, 2001.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           08/03/92                    57 FR 34192
ANPRM Comment Period End        02/01/93
SBREFA Panel                    03/02/99
NPRM                            11/23/99                    64 FR 65768
Final Action                    11/14/00                    65 FR 68261
Final Action Effective          01/16/01
Final Rule Withdrawal           04/23/01
Final Rule Withdrawal Effective 04/23/01

Regulatory Flexibility Analysis Required: Yes

Small Entities Affected: Businesses, Governmental Jurisdictions, 
Organizations

Government Levels Affected: State, Local, Tribal, Federal

Agency Contact: Bonnie Friedman, Director, Office of Public Affairs, 
Department of Labor, Office of the Secretary, Room N3649, 200 
Constitution Avenue NW., FP Building, Washington, DC 20210
Phone: 202 693-1999
Fax: 202 693-1634

RIN: 1218-AB36
_______________________________________________________________________




1995. CONSULTATION AGREEMENTS

Priority: Other Significant

Legal Authority: 29 USC 670

CFR Citation: 29 CFR 1908

Legal Deadline: None

Abstract: OSHA proposed an amendment to 29 CFR 1908, the Agency's 
regulations governing consultation agreements, to provide for full 
employee involvement in the consultative process in line with the 
President's directive to enhance worker participation in the 
consultation program (The New OSHA: Reinventing Worker Safety and 
Health, May 1995), and to implement the requirements of the 
Occupational Safety and Health Administration Compliance Assistance 
Authorization Act of 1999 (section 21(d) of the OSH Act). A final rule 
was issued in October 2000.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            07/02/99                    64 FR 35972
Final Rule                      10/26/00                    65 FR 64281
Final Action Effective          12/26/00

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Agency Contact: Paula O. White, Director, Federal-State Operations, 
Department of Labor, Occupational Safety and Health Administration, 
Room N3700, 200 Constitution Avenue NW, FP Building, Washington, DC 
20210
Phone: 202 693-2200
Fax: 202 693-1671
Email: [email protected]

RIN: 1218-AB79
_______________________________________________________________________




1996. OCCUPATIONAL EXPOSURE TO BLOODBORNE PATHOGENS; NEEDLESTICK AND 
OTHER SHARPS INJURIES

Priority: Other Significant

Legal Authority: 29 USC 655(b); 29 USC 657; PL 106-430, Needlestick 
Safety and Prevention Act

CFR Citation: 29 CFR 1910.1030

Legal Deadline: None

[[Page 25743]]

Abstract: The Occupational Safety and Health Administration has revised 
the Bloodborne Pathogens (BBP) standard in conformance with the 
requirements of the Needlestick Safety and Prevention Act. This Act 
directed OSHA to revise the Bloodborne Pathogens standard to include 
new examples in the definition of engineering controls along with two 
new definitions; to require that Exposure Control Plans reflect how 
employers implement new developments in control technology; to require 
employers to solicit input from employees responsible for direct 
patient care in the identification, evaluation, and selection of 
engineering and work practice controls; and to require certain 
employers to establish and maintain a log of percutaneous injuries from 
contaminated sharps.
Blood and other potential infectious materials have long been 
recognized as a potential threat to the health of employees who are 
exposed to these materials by percutaneous contact (penetration of the 
skin). Injuries from contaminated needles and other sharps have been 
associated with an increased risk of disease from more than 20 
infectious agents. The primary agents of concern in current 
occupational settings are the human immunodeficiency virus (HIV), 
hepatitis B virus, and hepatitis C virus (HCV).
Needlesticks and other percutaneous injuries resulting in exposure to 
blood or other potentially infectious materials continue to be of 
concern due to the high frequency of their occurrence and the severity 
of the health effects associated with exposure. The Centers for Disease 
Control and Prevention has estimated that healthcare workers in 
hospital settings sustain 384,325 percutaneous injuries involving 
contaminated sharps annually. When non-hospital healthcare workers are 
included, the best estimate of the number of percutaneous injuries 
involving contaminated sharps is 590,164 per year.
Since publication of the BBP standard, a wide variety of medical 
devices have been developed to reduce the risk of needlesticks and 
other sharps injuries. These ``safer medical devices'' replace sharps 
with non-needle devices or incorporate safety features designed to 
reduce the likelihood of injury.
Congress was prompted to take action in response to growing concern 
over bloodborne pathogen exposures from sharps injuries and in response 
to recent technological developments that increase employee protection. 
On November 6, 2000, the Needlestick Safety and Prevention Act (PL 106-
430) was signed into law. The Act directed OSHA to revise the BBP 
standard in accordance with specific language included in the Act. On 
January 18, 2001, OSHA published the final rule (66 FR 5318).

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Final Rule                      01/18/01                     66 FR 5317
Final Rule Effective            04/18/01

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-AB85
_______________________________________________________________________




1997. COTTON DUST: WASHED COTTON EXEMPTION (RULEMAKING RESULTING FROM A 
SECTION 610 REVIEW)

Priority: Substantive, Nonsignificant

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 is 
supported by the affected community. Accordingly, OSHA has issued 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. OSHA received no negative comments 
during the 60-day comment period. The agency has issued a notice to 
that effect and the rule was effective on April 6, 2001.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Direct Final Rule               12/07/00                    65 FR 76598
Confirmation of Direct Final 
Rule Effective Date             04/06/01                    66 FR 18191
Direct Final Rule Effective     04/06/01

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

[[Page 25744]]

_______________________________________________________________________




1998.  NEW JERSEY STATE PLAN

Priority: Routine and Frequent

Legal Authority: 29 USC 667

CFR Citation: 29 CFR 1956

Legal Deadline: None

Abstract: The New Jersey Public Employee Only State plan, a State 
occupational safety and health plan applicable only to public sector 
employees (employees of the State and its political subdivisions), is 
approved as a developmental plan under section 18 of the Occupational 
Safety and Health Act of 1970 and 29 CFR part 1956. Under the approved 
plan, the New Jersey Department of Labor is designated as the State 
agency responsible for the development and enforcement of occupational 
safety and health standards applicable to public employment throughout 
the State. The Occupational Safety and Health Administration (OSHA) 
retains full authority for coverage of private sector employees in the 
Sate of New Jersey.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Final Rule                      01/11/01                     66 FR 2265
Final Rule Effective            01/11/01

Regulatory Flexibility Analysis Required: No

Government Levels Affected: State

Agency Contact: Paula O. White, Director, Federal-State Operations, 
Department of Labor, Occupational Safety and Health Administration, 
Room N3700, 200 Constitution Avenue NW, FP Building, Washington, DC 
20210
Phone: 202 693-2200
Fax: 202 693-1671
Email: [email protected]

RIN: 1218-AB98
_______________________________________________________________________


DEPARTMENT OF LABOR (DOL)                             Long-Term Actions


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



_______________________________________________________________________




1999. ANNUAL REPORT FOR FEDERAL CONTRACTORS

Priority: Other Significant

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

CFR Citation: 41 CFR 61-250

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 assist VETS in meeting the statutory 
requirement of annually collecting the VETS-100 Report.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            10/05/00                    65 FR 59683
NPRM Comment Period End         12/06/00
Final Action                     To Be                       Determined

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Agency Contact: Norm Lance, Chief, Investigations and Compliance, VETS, 
Department of Labor, Office of the Assistant Secretary for Veterans' 
Employment & Training, S-1316, 200 Constitution Avenue, NW, Washington, 
DC 20210
Phone: 202 693-4731
Fax: 202 693-4755

RIN: 1293-AA07
[FR Doc. 01-6924 Filed 05-11-01; 8:45 am]
BILLING CODE 4510-23-S
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