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


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Part XII





Department of Labor





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Semiannual Regulatory Agenda

[[Page 33308]]



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 Department's agencies have carefully assessed 
their available resources and what they can accomplish in the next 
twelve months and have adjusted their agendas accordingly.

     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 2002 and April 2003 as well as those completed during 
the past six months.

FOR FURTHER INFORMATION CONTACT: Barbara Bingham, Acting Director for 
the Office of Regulatory Policy, 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.

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

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

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without change, amended, or rescinded.

     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
----------------------------------------------------------------------------------------------------------------
1548       Production or Disclosure of Information or Materials.................................     1290-AA17
----------------------------------------------------------------------------------------------------------------


                            Employment Standards Administration--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
1549       Defining and Delimiting the Term ``Any Employee Employed in a Bona Fide Executive,        1215-AA14
            Administrative, or Professional Capacity'' (ESA/W-H)................................
1550       Regulations To Implement the Federal Acquisition Streamlining Act of 1994............     1215-AA96
1551       Implementation of the 1996 Amendments to the Fair Labor Standards Act................     1215-AB13
1552       Affirmative Action and Nondiscrimination Obligations of Contractors and                   1215-AB24
            Subcontractors for Special Disabled Veterans and Veterans of the Vietnam Era........
1553       Stock Options, Stock Appreciation Rights, and Bona Fide Employee Stock Purchase           1215-AB31
            Programs Under the Fair Labor Standards Act.........................................
----------------------------------------------------------------------------------------------------------------


[[Page 33309]]


                              Employment Standards Administration--Final Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
1554       Child Labor Regulations, Orders, and Statements of Interpretation (ESA/W-H)..........     1215-AA09
1555       Government Contractors: Nondiscrimination and Affirmative Action Obligations,             1215-AB28
            Executive Order 11246 (ESA/OFCCP) (Revised).........................................
1556       Claims for Compensation Under the Energy Employees Occupational Illness Compensation      1215-AB32
            Program Act of 2000, as Amended.....................................................
----------------------------------------------------------------------------------------------------------------


                             Employment Standards Administration--Long-Term Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
1557       Labor Condition Applications and Requirements for Employers Using Nonimmigrants on H-     1215-AB09
            1B Visas in Specialty Occupations and as Fashion Models.............................
1558       Obligation of Federal Contractors and Subcontractors, Notice of Employee Rights           1215-AB33
            Concerning Payment of Union Dues or Fees............................................
----------------------------------------------------------------------------------------------------------------


                             Employment Standards Administration--Completed Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
1559       Application of the Fair Labor Standards Act to Domestic Service......................     1215-AA82
1560       Minimum Wage and Overtime Violations--Civil Money Penalties (29 CFR 578); Child Labor     1215-AB20
            Violations--Civil Money Penalties (29 CFR 579); Adjustment of Civil Money Penalties
            for Inflation.......................................................................
----------------------------------------------------------------------------------------------------------------


                           Employment and Training Administration--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
1561       Labor Certification Process for the Permanent Employment of Aliens in the United          1205-AA66
            States..............................................................................
1562       Federal-State Unemployment Compensation (UC) Program; Confidentiality and Disclosure      1205-AB18
            of Information in State UC Records..................................................
1563       Senior Community Service Employment Program..........................................     1205-AB28
----------------------------------------------------------------------------------------------------------------


                            Employment and Training Administration--Final Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
1564       Indian and Native American Welfare-to-Work Program...................................     1205-AB16
1565       Labor Certification and Petition Process for the Temporary Employment of Nonimmigrant     1205-AB24
            Aliens in Agriculture in the United States; Modification of Fee Structure...........
1566       Labor Certification and Petition Process for the Temporary Employment of Nonimmigrant     1205-AB30
            Aliens in Agriculture in the U.S.: Delegation of Authority to Adjudication
            Petitions; Deferral of Effective Date...............................................
1567       Disaster Unemployment Assistance Program Amendment...................................     1205-AB31
----------------------------------------------------------------------------------------------------------------


                            Employment and Training Administration--Long-Term Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
1568       Federal-State Unemployment Compensation Program; Unemployment Insurance Performance       1205-AB10
            System..............................................................................

[[Page 33310]]


1569       Attestations by Facilities Temporarily Employing H-1C Nonimmigrant Aliens as              1205-AB27
            Registered Nurses...................................................................
----------------------------------------------------------------------------------------------------------------


                            Employment and Training Administration--Completed Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
1570       Labor Condition Applications and Requirements for Employers Using Nonimmigrants on H-     1205-AB29
            1B Visas; Implementation of Electronic Filing.......................................
----------------------------------------------------------------------------------------------------------------


                           Pension and Welfare Benefits Administration--Prerule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
1571       Bonding Rules Under the Employee Retirement Income Security Act of 1974 (Section 610      1210-AA82
            Review).............................................................................
1572       Requests for Enforcement Pursuant to Section 502(b)(2) (Section 610 Review)..........     1210-AA83
1573       Civil Penalties Under ERISA Section 502(c)(2) (Section 610 Review)...................     1210-AA84
1574       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
----------------------------------------------------------------------------------------------------------------
1575       Adequate Consideration...............................................................     1210-AA15
1576       Rulemaking Relating to Notice Requirements for Continuation of Health Care Coverage..     1210-AA60
1577       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
----------------------------------------------------------------------------------------------------------------
1578       Definition of Collective Bargaining Agreement (ERISA Section 3(40))..................     1210-AA48
1579       Regulations Implementing the Health Care Access, Portability and Renewability             1210-AA54
            Provisions of the Health Insurance Portability and Accountability Act of 1996.......
1580       Mental Health Benefits Parity........................................................     1210-AA62
1581       Health Care Standards for Mothers and Newborns.......................................     1210-AA63
1582       Reporting Requirements for MEWAs Providing Medical Care Benefits.....................     1210-AA64
1583       Rulemaking Relating to the Women's Health and Cancer Rights Act of 1998..............     1210-AA75
1584       Prohibiting Discrimination Against Participants and Beneficiaries Based on Health         1210-AA77
            Status..............................................................................
----------------------------------------------------------------------------------------------------------------


                         Pension and Welfare Benefits Administration--Completed Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
1585       Civil Penalties Under ERISA Section 502(1)...........................................     1210-AA37
1586       Elimination of Filing Requirements for Summary Plan Descriptions.....................     1210-AA66
1587       Requirement To Furnish Plan Documents Upon Request by the Secretary of Labor.........     1210-AA67
1588       Civil Penalty for Failure To Furnish Certain Plan Documents..........................     1210-AA68
1589       Electronic Disclosure of Employee Benefit Plan Information...........................     1210-AA71
1590       Voluntary Fiduciary Correction Program (VFC Program).................................     1210-AA76

[[Page 33311]]


1591       Delinquent Filer Voluntary Compliance Program (DFVC Program).........................     1210-AA86
----------------------------------------------------------------------------------------------------------------


                              Mine Safety and Health Administration--Prerule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
1592       Occupational Exposure to Coal Mine Dust (Lowering Concentration Limit)...............     1219-AB08
1593       Asbestos Exposure Limit..............................................................     1219-AB24
----------------------------------------------------------------------------------------------------------------


                           Mine Safety and Health Administration--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
1594       Belt Entry Use as Intake Aircourse To Ventilate Working Sections.....................     1219-AA76
1595       Independent Laboratory Testing.......................................................     1219-AA87
1596       Improving and Eliminating Regulations................................................     1219-AA98
1597       Verification of Underground Coal Mine Operators' Dust Control Plans and Compliance        1219-AB14
            Sampling for Respirable Dust........................................................
1598       Mine Rescue Teams....................................................................     1219-AB20
----------------------------------------------------------------------------------------------------------------


                             Mine Safety and Health Administration--Final Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
1599       Hazard Communication.................................................................     1219-AA47
1600       Air Quality, Chemical Substances, and Respiratory Protection Standards...............     1219-AA48
1601       Requirements for Approval of Flame-Resistant Conveyor Belts..........................     1219-AA92
1602       Determination of Concentration of Respirable Coal Mine Dust..........................     1219-AB18
----------------------------------------------------------------------------------------------------------------


                            Mine Safety and Health Administration--Completed Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
1603       Electric Motor-Driven Mine Equipment and Accessories and High-Voltage Longwall            1219-AA75
            Equipment Standards for Underground Coal Mines......................................
1604       Diesel Particulate Exposure of Underground Metal and Nonmetal Miners.................     1219-AB28
----------------------------------------------------------------------------------------------------------------


            Office of the Assistant Secretary for Administration and Management--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
1605       Nondiscrimination on the Basis of Age in Programs and Activities Receiving Federal        1291-AA21
            Financial Assistance From the Department of Labor...................................
----------------------------------------------------------------------------------------------------------------


[[Page 33312]]


              Office of the Assistant Secretary for Administration and Management--Final Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
1606       Audits of States, Local Governments, and Nonprofit Organizations.....................     1291-AA26
1607       Audit Requirements for Grants, Contracts, and Other Agreements.......................     1291-AA27
1608       Implementation of the Nondiscrimination and Equal Opportunity Requirements of the         1291-AA29
            Workforce Investment Act of 1998....................................................
1609       Effectuation of Title VI of the Civil Rights Act of 1964 and Implementation of            1291-AA31
            Section 504 of the Rehabilitation Act of 1973.......................................
1610       Department of Labor Acquisition Regulations..........................................     1291-AA34
----------------------------------------------------------------------------------------------------------------


             Office of the Assistant Secretary for Administration and Management--Long-Term Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
1611       Grants and Agreements................................................................     1291-AA30
1612       Governmentwide Debarment and Suspension (Nonprocurement) and Governmentwide               1291-AA33
            Requirements for Drug-Free Workplace (Grants) 29 CFR 98.............................
----------------------------------------------------------------------------------------------------------------


             Office of the Assistant Secretary for Administration and Management--Completed Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
1613       Nondiscrimination on the Basis of Disability in Programs and Activities Receiving or      1291-AA28
            Benefiting From Federal Financial Assistance........................................
----------------------------------------------------------------------------------------------------------------


                          Occupational Safety and Health Administration--Prerule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
1614       Occupational Exposure to Hexavalent Chromium (Preventing Occupational Illness:            1218-AB45
            Chromium)...........................................................................
1615       Confined Spaces in Construction (Part 1926): Preventing Suffocation/Explosions in         1218-AB47
            Confined Spaces.....................................................................
1616       Occupational Exposure to Ethylene Oxide (Section 610 Review).........................     1218-AB60
1617       Fall Protection in the Construction Industry.........................................     1218-AB62
1618       Occupational Exposure to Crystalline Silica..........................................     1218-AB70
1619       Grain Handling Facilities (Section 610 Review).......................................     1218-AB73
1620       Occupational Exposure to Beryllium...................................................     1218-AB76
1621       Hearing Loss Prevention in Construction Workers......................................     1218-AB89
1622       Excavations (Section 610 Review).....................................................     1218-AC02
1623       Presence Sensing Device Initiation of Mechanical Power Presses (Section 610 Review)..     1218-AC03
1624       Controlled Negative Pressure Fit Testing Protocol: Amendment to the Final Rule on         1218-AC05
            Respiratory Protection..............................................................
----------------------------------------------------------------------------------------------------------------


                       Occupational Safety and Health Administration--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
1625       Assigned Protection Factors: Amendments to the Final Rule on Respiratory Protection..     1218-AA05
1626       Longshoring and Marine Terminals (Parts 1917 and 1918) -- Reopening of the Record         1218-AA56
            (Vertical Tandem Lifts (VTLs))......................................................
1627       Glycol Ethers: 2-Methoxyethanol, 2-Ethoxyethanol, and Their Acetates: Protecting          1218-AA84
            Reproductive Health.................................................................
1628       Injury and Illness Prevention........................................................     1218-AB41
1629       Occupational Exposure to Tuberculosis................................................     1218-AB46
1630       General Working Conditions for Shipyard Employment...................................     1218-AB50
1631       Fire Protection in Shipyard Employment (Part 1915, Subpart P) (Shipyards: Fire            1218-AB51
            Safety).............................................................................

[[Page 33313]]


1632       Electric Power Transmission and Distribution; Electrical Protective Equipment in the      1218-AB67
            Construction Industry...............................................................
1633       Employer Payment for Personal Protective Equipment...................................     1218-AB77
1634       Walking Working Surfaces and Personal Fall Protection Systems (1910) (Slips, Trips        1218-AB80
            and Fall Prevention)................................................................
1635       Standards Improvement (Miscellaneous Changes) for General Industry, Marine Terminals,     1218-AB81
            and Construction Standards (Phase II)...............................................
1636       Commercial Diving Operations: Revision...............................................     1218-AB97
1637       Cranes, Derricks, Hoists, Elevators, and Conveyors...................................     1218-AC01
----------------------------------------------------------------------------------------------------------------


                         Occupational Safety and Health Administration--Final Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
1638       Access and Egress in Shipyards (Part 1915, Subpart E) (Shipyards: Emergency Exits and     1218-AA70
            Aisles).............................................................................
1639       Update and Revision of the Exit Routes Standard......................................     1218-AB82
1640       Signs, Signals, and Barricades.......................................................     1218-AB88
1641       Changes to State Plans...............................................................     1218-AB91
1642       Revision and Update of Subpart S--Electrical Standards...............................     1218-AB95
1643       Procedures for Handling of Discrimination Complaints Under the Aviation Investment        1218-AB99
            and Reform Act......................................................................
1644       Occupational Injury and Illness Recording and Reporting Requirements.................     1218-AC06
----------------------------------------------------------------------------------------------------------------


                        Occupational Safety and Health Administration--Long-Term Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
1645       Accreditation of Training Programs for Hazardous Waste Operations (Part 1910)........     1218-AB27
----------------------------------------------------------------------------------------------------------------


                        Occupational Safety and Health Administration--Completed Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
1646       Scaffolds in Shipyards (Part 1915 -- Subpart N)......................................     1218-AA68
1647       Indoor Air Quality in the Workplace..................................................     1218-AB37
1648       Advisory Committees..................................................................     1218-AC04
----------------------------------------------------------------------------------------------------------------


           Office of the Assistant Secretary for Veterans' Employment & Training--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
1649       Annual Report for Federal Contractors (2002 Revisions)...............................     1293-AA08
----------------------------------------------------------------------------------------------------------------


             Office of the Assistant Secretary for Veterans' Employment & Training--Final Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
1650       Annual Report from Federal Contractors...............................................     1293-AA07
----------------------------------------------------------------------------------------------------------------


[[Page 33314]]

_______________________________________________________________________


Department of Labor (DOL)                           Proposed Rule Stage


Office of the Secretary (OS)



_______________________________________________________________________




1548. 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                            11/00/02

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

_______________________________________________________________________


Department of Labor (DOL)                           Proposed Rule Stage


Employment Standards Administration (ESA)



_______________________________________________________________________




1549. 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.

[[Page 33315]]

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 19 to 26 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
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                            01/00/03

Regulatory Flexibility Analysis Required: Yes

Small Entities Affected: Businesses, Governmental Jurisdictions, 
Organizations

Government Levels Affected: State, Local, Federal

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

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

RIN: 1215-AA14
_______________________________________________________________________




1550. REGULATIONS TO IMPLEMENT THE FEDERAL ACQUISITION STREAMLINING ACT 
OF 1994

Priority: Substantive, Nonsignificant

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

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

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                     08/00/02

Regulatory Flexibility Analysis Required: No

Government Levels Affected: State, Local, Federal

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

RIN: 1215-AA96
_______________________________________________________________________




1551. IMPLEMENTATION OF THE 1996 AMENDMENTS TO THE FAIR LABOR STANDARDS 
ACT

Priority: Other Significant

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

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

Legal Deadline: None

Abstract: The ``Small Business Job Protection Act of 1996'' (H.R. 3448) 
was enacted on August 20, 1996, as Public Law 104-188. Title II of this 
enactment amended the Portal-to-Portal Act (PA) and the Fair Labor 
Standards Act (FLSA). The PA amendment excludes (under certain 
circumstances) from compensable ``hours worked'' the time spent by an 
employee in home-to-work travel in an employer-provided vehicle. The 
FLSA amendments: (1) increase the $4.25 Federal minimum hourly wage by 
$.90 in two steps over two years (i.e., to $4.75 on October 1, 1996, 
and to

[[Page 33316]]

$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                            12/00/02

Regulatory Flexibility Analysis Required: No

Government Levels Affected: State, Local, Federal

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

RIN: 1215-AB13
_______________________________________________________________________




1552. 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 increases the current threshold for coverage from 
$10,000 to $25,000. The Act and VBHCIA of 2000 expand the scope of 
protection under VEVRAA to include recently separated veterans and 
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                            12/00/02

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
_______________________________________________________________________




1553. STOCK OPTIONS, STOCK APPRECIATION RIGHTS, AND BONA FIDE EMPLOYEE 
STOCK PURCHASE PROGRAMS UNDER THE FAIR LABOR STANDARDS ACT

Priority: Other Significant

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

CFR Citation: 29 CFR 546; 29 CFR 778

Legal Deadline: None

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

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            09/00/02

Regulatory Flexibility Analysis Required: Undetermined

Small Entities Affected: Businesses, Organizations

Government Levels Affected: None

Agency Contact: Tammy D. McCutchen, Administrator, Wage and Hour 
Division, Department of Labor, Employment Standards Administration, 200 
Constitution Avenue, NW, FP Building, Room S3502, 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)



_______________________________________________________________________




1554. 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 are 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

[[Page 33317]]

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 are 
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 was 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 are particularly hazardous or detrimental to the 
health or well-being of minors under 18 years old.

Alternatives: Regulatory alternatives developed based on recent 
legislation and the public comments responding to the advance notice of 
proposed rulemaking included specific proposed additions or 
modifications to the paper baler, teen driving, explosive materials, 
and roofing hazardous occupation orders, and proposed changes to the 
permissible cooking activities that 14- and 15-year-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                    12/00/02

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

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

RIN: 1215-AA09
_______________________________________________________________________




1555. 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

[[Page 33318]]

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 
60-250.60(a)(3) of the regulations implementing the affirmative action 
provisions of the Vietnam Era Veterans' Readjustment Assistance Act 
(VEVRAA). Lastly, OFCCP proposes to conform regulations implementing 
section 503 of the Rehabilitation Act of 1973, as amended, 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
NPRM Comment Period End         12/11/00
Final Rule                      12/00/02

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
_______________________________________________________________________




1556. CLAIMS FOR COMPENSATION UNDER THE ENERGY EMPLOYEES OCCUPATIONAL 
ILLNESS COMPENSATION PROGRAM ACT OF 2000, AS AMENDED

Priority: Economically Significant. Major under 5 USC 801.

Legal Authority: 42 USC 7384 et seq; EO 13179

CFR Citation: 20 CFR 30

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

Abstract: The Department of Labor has issued regulations for its 
administration of the provisions of the Energy Employees Occupational 
Illness Compensation Program Act of 2000, as amended. These regulations 
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              05/25/01                    66 FR 28948
Interim Final Rule Effective    07/24/01
Interim Final Rule Comment 
Period End                      09/24/01                    66 FR 47382
Final Action                    09/00/02

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Peter M. Turcic, Director, Division of Energy Employees 
Occupational Illness Compensation, OWCP, Department of Labor, 
Employment Standards Administration, 200 Constitution Avenue, NW, FP 
Building, Washington, DC 20210
Phone: 202 693-0081
Fax: 202 693-1465
Email: [email protected]

RIN: 1215-AB32
_______________________________________________________________________


Department of Labor (DOL)                             Long-Term Actions


Employment Standards Administration (ESA)



_______________________________________________________________________




1557. LABOR CONDITION APPLICATIONS AND REQUIREMENTS FOR EMPLOYERS USING 
NONIMMIGRANTS ON H-1B VISAS IN SPECIALTY OCCUPATIONS AND AS FASHION 
MODELS

Priority: Other Significant

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; PL 105-277

CFR Citation: 20 CFR 655, subparts H and I

Legal Deadline: None

Abstract: The H-1B visa program of the Immigration and Nationality Act 
allows employers to temporarily employ nonimmigrants admitted into the 
United States under the H-1B visa category in specialty occupations and 
as fashion models, under specified labor conditions. An employer must 
file a labor condition application with the Department of Labor before 
the Immigration and Naturalization Service may approve a petition to 
employ a foreign worker on an H-1B visa. The Department's Employment 
and Training Administration administers the labor condition application 
process; the Wage and Hour Division of the Department's Employment 
Standards Administration handles complaints and investigations 
regarding labor condition applications. The Department published a 
proposed rule on January 5, 1999, in response to statutory changes in 
the H-1B program made by the American Competitiveness and Workforce 
Improvement Act of 1998 (Title IV, Pub. L. 105-277; Oct. 21, 1998). 
Those changes placed additional obligations on ``H-1B-dependent'' 
employers (generally, those with work forces comprised of more than 15 
percent H-1B workers) and on willful violators. These employers must 
recruit for U.S. workers, hire U.S. workers who are at least as 
qualified as H-1B workers, and not displace U.S. workers by hiring H-1B 
workers or placing them at another employer's job site. The 1998 
amendments also imposed additional obligations on all H-1B employers, 
such as offering benefits to H-1B workers on the same basis and 
according to the same criteria as offered to U.S. workers, and payment 
to H-1B workers during periods they are not working for an employment-
related reason. The 1999 proposed rule also requested further

[[Page 33319]]

public comment on earlier proposed provisions published in October 
1995, and on particular interpretations of the statute and of the 
existing regulations which the Department proposed to incorporate into 
the regulations. Since publishing the proposed rule, Congress enacted 
further amendments to the H-1B provisions under the American 
Competitiveness in the Twenty-First Century Act of 2000 (Pub. L. 106-
313; Oct. 17, 2000), the Immigration and Nationality Act - Amendments 
(Pub. L. 106-311; Oct. 17, 2000), and section 401 of the Visa Waiver 
Permanent Program Act (Pub. L. 106-396; Oct. 30, 2000). On December 20, 
2000, the Department published an Interim Final Rule to implement the 
recent amendments and clarify the existing rules, and requested further 
public comment on those provisions.

Statement of Need: Statutory amendments to the Immigration and 
Nationality Act relating to the H-1B visa program were enacted in 1998 
and again in 2000. Under the H-1B visa program, employers may 
temporarily employ nonimmigrants admitted into the U.S. under H-1B 
visas in specialty occupations and as fashion models, provided certain 
conditions are met. Section 412(d) of the American Competitiveness and 
Workforce Improvement Act of 1998 (Title IV of the Omnibus Consolidated 
and Emergency Supplemental Appropriations Act, 1999, Public Law 105-
277), provides that some of the amendments made by the 1998 legislation 
(those relating to ``H-1B-dependent'' employers and willful violators) 
do not take effect until the Department of Labor issues implementing 
regulations, which are the subject of this rulemaking.

Summary of Legal Basis: This rule is issued pursuant to provisions of 
the Immigration and Nationality Act, as amended, and the American 
Competitiveness and Workforce Improvement Act of 1998, 8 U.S.C. 
1101(a)(15)(H)(i)(b), 1182(n), and 1184; sec. 303(a)(8), Pub. L. 102-
232 (8 U.S.C. 1182 note); and secs. 412(d) and (e), Pub. L. 105-277. 
The objectives of the rule are to enable employers to understand and 
comply with applicable requirements of the amended H-1B visa program, 
and to advise employees and applicants for employment of the 
protections afforded by the amendments to U.S. and H-1B workers.

Alternatives: Various regulatory alternatives were considered during 
the notice-and-comment period for implementing the statutory 
provisions, as discussed in the preamble to the December 2000 interim 
final rule. Alternatives considered included, among others, various 
approaches to the manner and timing for determining H-1B dependency 
status (and the meaning of ``full-time equivalent employees'' (FTEs) in 
the employer's work force), documentation of the dependency 
determination and designation of such status on the Labor Condition 
Application, and implementing the requirements for no ``displacement'' 
and recruitment of U.S. workers, payment of required wages and benefits 
to H-1B and U.S. workers, and determining short-term placement options.

Anticipated Cost and Benefits: The Department concluded that the 
anticipated costs and benefits of this rule were not economically 
significant. This conclusion was based on the analysis that the direct, 
incremental costs that employers would incur because of the rule that 
were above customary business expenses associated with recruiting 
qualified job applicants and retaining qualified employees in 
specialized jobs would not exceed $100 million per year or otherwise 
trigger ``economic significance'' under Executive Order 12866. However, 
because of the importance of the rule to the public, it was treated as 
a significant regulatory action and was, therefore, reviewed by the 
Office of Management and Budget under Executive Order 12866.

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

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                    04/00/03

Regulatory Flexibility Analysis Required: No

Government Levels Affected: Federal

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

RIN: 1215-AB09
_______________________________________________________________________




1558. 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: 29 CFR 470

Legal Deadline: None

Abstract: On January 2, 2002, the Federal District Court for the 
District of Columbia issued a decision in UAW-Labor Employment & 
Training Corp v. Chao, holding the Executive Order 13201 is invalid 
because it conflicts with the National Labor Relations Act. The court 
permanently enjoined the Department of Labor from implementing and 
enforcing Executive Order 13201. The Department is considering options 
for responding to the decision.
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 their 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.

[[Page 33320]]

Statement of Need: The regulation is necessary in order to implement 
Executive Order 13201.

Summary of Legal Basis: The legal basis for this regulation is section 
1(b) of Executive Order 13201. The legal basis for the Executive Order 
is the Constitution and laws of the United States, including the 
Federal Property and Administrative Services Act, 40 U.S.C. 471 et seq.

As noted above, on January 2, 2002, the Federal District Court for the 
District of Columbia issued a decision holding that Executive Order 
13201 is invalid and the Department is considering options for 
responding to that decision.

Alternatives: There is no feasible alternative to issuing regulations. 
Regulations are needed in order to implement Executive Order 13201 by 
(1) clarifying the obligations of Federal contractors and 
subcontractors, (2) providing exemptions as authorized by the Executive 
order, and (3) establishing enforcement mechanisms as authorized by the 
Executive order. Alternatives to the specific provisions of the 
proposed rule suggested in comments by the public will be considered in 
developing the final rule.

Anticipated Cost and Benefits: The only costs that Federal contractors 
will incur are for (1) posting the notice and (2) applying for waivers 
from the posting requirement. These will be minimal since (1) under the 
proposed regulation, the Department will supply the posters, and (2) 
the Department's experience under similar posting requirements is that 
few contractors request waivers. The benefits of the Executive order 
and the implementing regulation are the promotion of economy and 
efficiency in Government procurement by having workers who are informed 
of their rights regarding union membership and the use of union dues 
and fees.

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

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Procedural Rule         04/18/01                    66 FR 19988
NPRM                            10/01/01                    66 FR 50010
NPRM Comment Period End         11/30/01
Final Rule                       To Be                       Determined

Regulatory Flexibility Analysis Required: No

Government Levels Affected: Federal

Agency Contact: Don Todd, Deputy Assistant Secretary, Department of 
Labor, Employment Standards Administration, 200 Constitution Avenue 
NW., FP Building, Room N5605, Washington, DC 20210
Phone: 202 693-0122
Fax: 202 693-1340

RIN: 1215-AB33
_______________________________________________________________________


Department of Labor (DOL)                             Completed Actions


Employment Standards Administration (ESA)



_______________________________________________________________________




1559. 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
Withdrawn                       04/08/02                    67 FR 17760

Regulatory Flexibility Analysis Required: No

Government Levels Affected: State, Local, Federal

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

RIN: 1215-AA82
_______________________________________________________________________




1560. 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

[[Page 33321]]

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. The final rule was 
published 12/07/2001, 66 FR 63501, effective 01/07/2002.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            12/28/98                    63 FR 71405
NPRM Comment Period End         01/27/99
Final Action                    12/07/01                    66 FR 63501
Final Action Effective          01/07/02

Regulatory Flexibility Analysis Required: No

Government Levels Affected: State, Local, Tribal, Federal

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

RIN: 1215-AB20

_______________________________________________________________________


Department of Labor (DOL)                           Proposed Rule Stage


Employment and Training Administration (ETA)



_______________________________________________________________________




1561. LABOR CERTIFICATION PROCESS FOR THE PERMANENT EMPLOYMENT OF ALIENS 
IN THE UNITED STATES

Priority: Other Significant

Legal Authority: 8 USC 1182(a)(5)(A), 1189(p)(1); 29 USC 49 et seq

CFR Citation: 20 CFR 656

Legal Deadline: None

Abstract: The Employment and Training Administration (ETA) is in the 
process of reengineering the permanent labor certification process. 
ETA's goals are to make fundamental changes and refinements that will: 
streamline the process, save resources, improve the effectiveness of 
the program and better serve the Department of Labor's (DOL) customer.

Statement of Need: The labor certification process has been described 
as being complicated, costly and time consuming. Due to the increases 
in the volume of applications received and a lack of adequate 
resources, it can take up to 2 years or more to complete processing an 
application. The process also requires substantial State and Federal 
resources to administer and is reportedly costly and burdensome to 
employers as well. Cuts in Federal funding for both the permanent labor 
certification program and the U.S. Employment Service have made it 
difficult for State and Federal administrators to keep up with the 
process. ETA, therefore, is taking steps to improve effectiveness of 
the various regulatory requirements and the application processing 
procedures, with a view to achieving savings in resources both for the 
government and employers, without diminishing protections now afforded 
U.S. workers by the current regulatory and administrative requirements.

Summary of Legal Basis: Promulgation of these regulations is authorized 
by section 212(a)(5)(A) of the Immigration and Nationality Act.

Alternatives: Regulatory alternatives are now being developed by the 
Department. The public will be afforded an opportunity to comment on 
the Department's plans for streamlining the permanent labor 
certification process in a notice of proposed rulemaking which will be 
published in the Federal Register.

Anticipated Cost and Benefits: Preliminary estimates of the anticipated 
costs and benefits have not been determined at this time. Preliminary 
estimates will be developed after a decision is made as to what 
regulatory amendments are necessary and after the implementing forms 
and automated systems to support a streamlined permanent labor 
certification process have been developed.

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

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            05/00/02
Final Rule                      08/00/02

Regulatory Flexibility Analysis Required: Undetermined

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: 202 693-2760
Email: [email protected]

RIN: 1205-AA66
_______________________________________________________________________




1562. 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 a notice of proposed rulemaking (NPRM) 
on confidentiality and disclosure of information in State records 
collected, created, or maintained for purposes of the Federal-State UC 
program. The NPRM would modify and expand 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. The 
use of unemployment compensation wage records under these and other 
statutes has increased in recent years while privacy and 
confidentiality issues have not yet been addressed.

[[Page 33322]]

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            12/00/02

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: State

Additional Information: Formerly RIN 1205-AA74; was taken off 
regulatory agenda in 1994 due to inactivity. An NPRM was published 3/
23/92 at 57 FR 10063 with comment period ending 5/22/92.

Agency Contact: Gerard Hildebrand, Chief, Division of Legislation, 
Department of Labor, Employment and Training Administration, Room 
C4512, 200 Constitution Avenue NW, FB Building, Washington, DC 20210
Phone: 202 693-3038
Email: [email protected]

RIN: 1205-AB18
_______________________________________________________________________




1563. SENIOR COMMUNITY SERVICE EMPLOYMENT PROGRAM

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

Legal Authority: 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 
(SCSEP) under title V of the Older Americans Act Amendments of 2000. 
SCSEP is the only Federally sponsored job creation program targeted to 
low-income older Americans. The program subsidizes part-time community 
service jobs for low-income persons age 55 years and older who have 
poor employment prospects. Approximately 100,000 program enrollees 
annually work in a wide variety of community service jobs, including 
nurse's aides, teacher aides, librarians, clerical workers and day care 
assistants. The Department of Labor allocates funds to operate the 
program to State agencies on aging and to national organizations.
Proposed regulations will improve integration of SCSEP with the broader 
workforce investment system.

Statement of Need: As the baby boom generation ages, the demand for 
employment and training services and income support for low-income 
older persons will increase. Low-income seniors generally must continue 
working and many may not be able to find employment without work 
experience and additional training. The basic goals of the SCSEP are to 
provide community service employment for older workers with few skills 
and little work experience, and to move many of those seniors into 
unsubsidized employment. The Employment and Training Administration 
will issue regulations and other guidance, provide technical 
assistance, and establish performance standards that will drive State 
and national grantees' efforts towards the program's goals.

Summary of Legal Basis: Promulgation of these regulations is authorized 
by section 502(b)(2) of Pub. L. 106-501 of the Older Americans Act 
Amendments of 2000.

Alternatives: The public provided comments on changes to the statute 
due to the Older Americans Act Amendments of 2000 during Town Hall 
meetings held throughout the country in spring 2001. The public also 
will be afforded an opportunity to comment on the Department's plans 
for implementing the Amendments in a notice of proposed rulemaking that 
will be published in the Federal Register.

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.

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

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            08/00/02
Final Action                    01/00/03

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: State, Local, Tribal, Federal

Federalism:  Undetermined

Agency Contact: Erich W. Larisch, Chief, Divison of Older Worker 
Programs, Department of Labor, Employment and Training Administration, 
200 Constitution Avenue, NW, FP Building, Room N4645, Washington, DC 
20210
Phone: 202 693-3742
Fax: 202 693-3817
Email: [email protected]

RIN: 1205-AB28
_______________________________________________________________________


Department of Labor (DOL)                              Final Rule Stage


Employment and Training Administration (ETA)



_______________________________________________________________________




1564. INDIAN AND NATIVE AMERICAN WELFARE-TO-WORK PROGRAM

Priority: Substantive, Nonsignificant

Legal Authority: 42 USC 612(a)(3)(c)(iii); 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. The Consolidated Appropriations Act of 2001 authorized the 
Department to extend welfare-to-work grants an additional two years. 
Therefore, the grants may operate until September 2004.
The Department received 14 comments on the March 1, 1998 interim final 
rule, and none would substantively change the regulations. The 
Department will provide guidance in response to those comments. The 
March 1, 1998 Interim

[[Page 33323]]

Final Rule will be adopted as the final rule, subject to the changes 
made by the new interim final rule implementing the 1999 amendments.

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                    05/00/02

Regulatory Flexibility Analysis Required: No

Government Levels Affected: Tribal

Additional Information: Congress has changed eligibility criteria. A 
final rule will be published to conform 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
_______________________________________________________________________




1565. 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

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.
The Department published a Notice of Proposed Rulemaking (NPRM) at 65 
FR 43545 (July 13, 2000). Because of the continuing interest in the 
proposal, the Department published at 65 FR 50170 (August 17, 2000) a 
proposed rule reopening and extending the comment period on the July 
13, 2000, NPRM. The comments received as a result of this reopening and 
extension of the comment period did not provide sufficient information 
to permit the Department to draft a final rule concerning a number of 
issues raised by commenters.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            07/13/00                    65 FR 43545
NPRM Comment Period Reopened and 
Extended                        09/18/00                    65 FR 50170
NPRM Comment Period Reopened and 
Extended to 10/29/2001          09/27/01                    66 FR 49328
Final Action                    09/00/02

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: 202 693-2760
Email: [email protected]

RIN: 1205-AB24
_______________________________________________________________________




1566. LABOR CERTIFICATION AND PETITION PROCESS FOR THE TEMPORARY 
EMPLOYMENT OF NONIMMIGRANT ALIENS IN AGRICULTURE IN THE U.S.: DELEGATION 
OF AUTHORITY TO ADJUDICATION PETITIONS; DEFERRAL OF EFFECTIVE DATE

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

Unfunded Mandates: Undetermined

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: 20 CFR 655, subpart B

Legal Deadline: None

Abstract: The Department of Labor (DOL or Department) published a final 
rule in this rulemaking in the Federal Register at 65 FR 43538 (July 
13, 2000), with an effective date of November 13, 2000, implementing a 
delegation of authority from the INS to the Department of adjudicate 
petitions for the temporary employment of nonimmigrant aliens in 
agriculture in the United States. Concurrently, the INS published a 
final rule at 65 FR 43528 (July 13, 2000) with an effective date of 
November 13, 2000, transferring to the Secretary of Labor the authority 
to adjudicate petitions for temporary agricultural workers and the 
authority to decide appeals on these decisions and to make 
determinations for revocation of petition approvals.
Subsequently, the INS at 65 FR 67616 (November 13, 2000) published a 
final rule and DOL at 65 FR 67628 (November 13, 2000) published an 
interim final rule (IFR) deferring the effective dates of their final 
rules. The Department in its IFR invited comments on the deferral of 
the effective date. No comments were received by DOL on the deferral of 
the effective date.
The Department also reopened and extended the comment period at 65 FR 
50170 (August 17, 2000) on a companion notice of proposed rulemaking 
(NPRM) published at 65 FR 43545 (July 13, 2000) and again at 66 FR 9382 
(September 27, 2001) setting forth implementation measures necessary to 
the successful implementation of the delegation of authority to 
adjudicate petitions.

[[Page 33324]]

Finalizing the proposed rule is essential to the effective 
implementation of any delegation of authority to DOL to adjudicate 
petitions for temporary employment of nonimmigrant aliens in the United 
States. Therefore, the Department has determined to defer the effective 
date of the July 13, 2000, final rule until September 27, 2002, which 
should be sufficient time to complete the rulemaking on the companion 
NPRM.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              09/27/01                    66 FR 49275
Interim Final Rule Comment 
Period End                      10/29/01
Interim Final Rule Effective    09/27/02

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: 202 693-2760
Email: [email protected]

RIN: 1205-AB30
_______________________________________________________________________




1567. DISASTER UNEMPLOYMENT ASSISTANCE PROGRAM AMENDMENT

Priority: Other Significant

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

CFR Citation: 20 CFR 625.5

Legal Deadline: None

Abstract: This new rule on the Disaster Unemployment Assistance Program 
will only address one aspect of part 625; it adds a definition of 
``unemployment is a direct result of the major disaster.'' ETA had not 
defined this term in its previous rule. The purpose of the new 
definition is to clarify eligibility for disaster unemployment 
assistance in the wake of the major disasters as a result of the 
terrorist attacks of September 11, 2001.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              11/13/01                    66 FR 56959
Interim Final Rule Effective    11/13/01
Interim Final Rule Comment 
Period End                      12/13/01
Final Rule                      09/00/02

Regulatory Flexibility Analysis Required: No

Government Levels Affected: State, Federal

Agency Contact: Betty E. Castillo, Chief, Division of Unemployment 
Insurance Operations, Department of Labor, Employment and Training 
Administration, Room S4231, 200 Constitution Avenue NW, FP Building, 
Washington, DC 20210
Phone: 202 693-3032

RIN: 1205-AB31
_______________________________________________________________________


Department of Labor (DOL)                             Long-Term Actions


Employment and Training Administration (ETA)



_______________________________________________________________________




1568. FEDERAL-STATE UNEMPLOYMENT COMPENSATION PROGRAM; UNEMPLOYMENT 
INSURANCE PERFORMANCE SYSTEM

Priority: Other Significant

Legal Authority: 42 USC 501 to 504; 42 USC 1302(a); 26 USC 3301 to 
3311; 5 USC 8501 to 8508; 5 USC 8521 to 8525; 42 USC 5177 to 5189a; 19 
USC 2271 to 2322; 40 FR 18515

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); 20 CFR 609.7(c); 20 CFR 617.51(b)

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.
The UI PERFORMS Regulation is consistent with the Administration's and 
the Secretary's emphasis on improved grants management. It is needed 
now to help complete the development and implementation of the UI 
PERFORMS system and will replace other regulations, two of which 
establish Secretary's Standards for first payment and lower appeals 
timeliness. Until those regulations have been replaced the related UI 
PERFORMS measures and criteria cannot be put in place. It will also 
establish a definitive framework for enforcing, if necessary, the 
elements and performance standards established as parts of the UI 
PERFORMS system. Until the regulation is in place, UI PERFORMS will 
remain incomplete.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           01/16/97                     62 FR 2543
ANPRM Comment Period End        03/17/97
NPRM                             To Be                       Determined

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: State

Federalism:  Undetermined

Agency Contact: Gerard Hildebrand, Chief, Division of Legislation, 
Department of Labor, Employment and Training Administration, Room 
C4512, 200 Constitution Avenue NW, FB Building, Washington, DC 20210
Phone: 202 693-3038
Email: [email protected]

RIN: 1205-AB10
_______________________________________________________________________




1569. 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

[[Page 33325]]

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                     To Be                       Determined

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: 202 693-0745

RIN: 1205-AB27
_______________________________________________________________________


Department of Labor (DOL)                             Completed Actions


Employment and Training Administration (ETA)



_______________________________________________________________________




1570. LABOR CONDITION APPLICATIONS AND REQUIREMENTS FOR EMPLOYERS USING 
NONIMMIGRANTS ON H-1B VISAS; IMPLEMENTATION OF ELECTRONIC FILING

Priority: Other Significant

Legal Authority: 8 USC 1101(a)(15)(h)(i)(b); 8 USC 1182(n); 8 USC 
1184(c)

CFR Citation: 20 CFR 655, subparts H and I

Legal Deadline: None

Abstract: The Department of Labor is amending its regulations governing 
the filing and processing of labor condition applications for the 
employment of nonimmigrant aliens on H-1B visas in specialty 
occupations and as fashion models. The amendments will allow employers 
the option of submitting LCAs electronically, utilizing Web-based forms 
and instructions. The electronic filing system will be convenient and 
less burdensome for employers, since, unlike a system based on filing 
applications by facsimile transmission or by mail, the new system will 
allow the filing of an applications without the submission of a ``hard 
copy.'' Submission by mail or fax will continue to be permitted for 
employers who prefer one of those formats.

Statement of Need: The current regulations permit employers to submit 
labor condition applications (LCAs) by facsimile transmission (FAX) or 
by mail. Although submission of LCAs by FAX and processing of such 
applications have generally been more efficient than submission and 
processing of LCAs by mail, operational problems delayed the processing 
of some LCAs submitted by FAX for the first several months of its 
operation. To improve customer service, the Department will, through 
this Final Rule, provide employers the option to utilize an electronic 
filing system which will permit employers to fill out their LCAs on a 
Department of Labor website and submit them electronically to the 
Department's Employment and Training Administration (ETA). Electronic 
filing will permit more efficient ETA electronic processing of LCAs 
without the technical and administrative uncertainties inherent in the 
technology currently available to process applications that are 
submitted by FAX. Further, since the scope of the Department's review 
of LCAs under section 212(n)(1)(D) of the INA is limited to 
``completeness and obvious inaccuracies,'' the filing and processing of 
LCAs is particularly amenable to an electronic filing system. Because 
the electronic filing system includes guidance to the employers in 
filling out their LCAs ``on line,'' the LCAs will have fewer incomplete 
or obviously inaccurate entries and will, therefore, ordinarily be 
acceptable for immediate electronic certification.

Summary of Legal Basis: Promulgation of these regulations is authorized 
by section 212(n) of the Immigration and Nationality Act.

Alternatives: The current regulations which allow employers to submit 
LCAs only by mail or by facsimile transmission.

Anticipated Cost and Benefits: It is expected that allowing employers 
to submit LCAs electronically will result in savings to employers and 
the Government since hard copies of the applications will not have to 
be filled and mailed by employers nor processed and stored by the 
Government. We have not determined at this time the precise amount of 
the savings.

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

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Final Action                    12/05/01                    66 FR 63298
Final Action Effective          01/14/02

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: 202 693-2760
Email: [email protected]

RIN: 1205-AB29


[[Page 33326]]

_______________________________________________________________________


Department of Labor (DOL)                                 Prerule Stage


Pension and Welfare Benefits Administration (PWBA)



_______________________________________________________________________




1571. 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                      05/00/02

Regulatory Flexibility Analysis Required: No

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: 202 693-8500

RIN: 1210-AA82
_______________________________________________________________________




1572. 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 (29 CFR 
2560.502-1) relating to requests for enforcement pursuant to section 
502(b)(1) of ERISA (formerly ERISA) section 502(b)(2)) of ERISA in 
accordance with the requirements of section 610 of the Regulatory 
Flexibility Act. The review will cover the continued need for the 
rules; the nature of complaints or comments received from the public 
concerning the rules; the complexity of the rule; the extent to which 
the rules overlap, duplicate or conflict with other Federal rules and, 
to the extent feasible, with State and local rules; and the degree to 
which technology, economic conditions, or other factors have changed in 
industries affected by the rules.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Begin Review                    12/01/00
End Review                      05/00/02

Regulatory Flexibility Analysis Required: No

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: 202 693-8500

RIN: 1210-AA83
_______________________________________________________________________




1573. 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 2560.502(c)(2)

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                      05/00/02

Regulatory Flexibility Analysis Required: No

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: 202 693-8500

RIN: 1210-AA84
_______________________________________________________________________




1574. 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 2570.60 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                      05/00/02

Regulatory Flexibility Analysis Required: No

[[Page 33327]]

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: 202 693-8500

RIN: 1210-AA85
_______________________________________________________________________


Department of Labor (DOL)                           Proposed Rule Stage


Pension and Welfare Benefits Administration (PWBA)



_______________________________________________________________________




1575. 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: The Department intends to update its rulemaking record 
concerning this regulation by publishing a second notice of proposed 
rulemaking. The 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
Second NPRM                     09/00/02

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: None

Agency Contact: Paul D. 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: 202 693-5600

RIN: 1210-AA15
_______________________________________________________________________




1576. RULEMAKING RELATING TO NOTICE REQUIREMENTS FOR CONTINUATION OF 
HEALTH CARE COVERAGE

Priority: Other Significant. 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.

Statement of Need: Part 6 of title I of ERISA requires that group 
health plans provide employees with notice of the continuation of 
health care coverage provisions of the plan; it imposes notification 
requirements upon employers, employees, plan administrators, and 
qualified beneficiaries in connection with certain qualifying events. 
The public needs guidance from the Department with regard to how they 
can fulfill their respective obligations under these statutory 
provisions.

Summary of Legal Basis: Section 606 ERISA specifies the respective 
notification requirements for employers, employees, plan 
administrators, and qualified beneficiaries in connection with group 
health plan provisions relating to continuation of health care 
coverage. Section 606(a) of ERISA specifically refers to regulations to 
be issued by the Secretary of Labor clarifying these requirements. 
Section 505 of ERISA authorizes the Secretary to issue regulations 
clarifying the provisions of title I of ERISA.

Alternatives: Regulatory alternatives will be developed once 
determinations have been made with regard to the scope and nature of 
the regulatory guidance which is needed by the public.

Anticipated Cost and Benefits: Preliminary estimates of the anticipated 
costs and benefits will be developed once decisions are reached 
regarding the alternatives to be considered.

Risks: Failure to provide guidance to the public concerning their 
notification obligations under section 606 of ERISA may complicate 
compliance by the public with the law and may reduce the availability 
of continued health care coverage in certain commonly encountered 
situations.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           09/23/97                    62 FR 49894
ANPRM Comment Period End        11/24/97
NPRM                            12/00/02

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: 202 693-8500

RIN: 1210-AA60
_______________________________________________________________________




1577. 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.

[[Page 33328]]

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            08/00/02

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: 202 693-8500

RIN: 1210-AA80
_______________________________________________________________________


Department of Labor (DOL)                              Final Rule Stage


Pension and Welfare Benefits Administration (PWBA)



_______________________________________________________________________




1578. DEFINITION OF COLLECTIVE BARGAINING AGREEMENT (ERISA SECTION 
3(40))

Priority: Other Significant

Legal Authority: 29 USC 1002(40)

CFR Citation: 29 CFR 2510.3-40

Legal Deadline: None

Abstract: The regulation will establish standards for determining 
whether an employee benefit plan is established or maintained under or 
pursuant to one or more collective bargaining agreements for purposes 
of its exclusion from the Multiple Employer Welfare Arrangement (MEWA) 
definition in section 3(40) of ERISA, and thus exempted from State 
regulation. The regulation will clarify the scope of the exception from 
the MEWA definition for plans established or maintained under or 
pursuant to one or more collective bargaining agreements by providing 
criteria which will serve to distinguish welfare benefit arrangements 
which are maintained by legitimate unions pursuant to bona fide 
collective bargaining agreements from insurance arrangements promoted 
and marketed under the guise of ERISA-covered plans exempt from State 
insurance regulation. The regulation will also serve to limit the 
extent to which plans maintained pursuant to bona fide collective 
bargaining agreements may extend plan coverage to individuals not 
covered by such agreements.

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
Notice Establishing Negotiated 
Rulemaking Advisory Committee   09/22/98                    63 FR 50542
Second NPRM                     10/27/00                    65 FR 64498
Second NPRM Comment Period End  12/26/00
Final Action                    07/00/02

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: 202 693-8500

RIN: 1210-AA48
_______________________________________________________________________




1579. 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, sec 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.

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                      08/00/02

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Agency Contact: Amy Turner, 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: 202 693-8335

RIN: 1210-AA54
_______________________________________________________________________




1580. 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

[[Page 33329]]

chapter 100 of subtitle K of the Code, title XXVII of the PHSA, and 
part 7 of subtitle B of title I of ERISA. On January 10, 2002, 
President Bush signed H.R. 3061 (Pub. L.107-116, 115 Stat.2177), the 
2002 Appropriations Act for the Departments of Labor, Health and Human 
Services, and Education. This legislation amended ERISA, the Code, and 
the PHSA to extend the original sunset date so that MHPA's provisions 
will not apply to benefits for services furnished on or after December 
31, 2002. As a result, and to assist employers, plan administrators, 
and workers concerning the extension of MHPA's sunset provision, the 
Departments are developing an interim final amendment to the current 
regulation for publication in the Federal Register.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              12/22/97                    62 FR 66932
Interim Final Amendment         06/00/02

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: 202 693-8335

RIN: 1210-AA62
_______________________________________________________________________




1581. 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 1027, ERISA sec 107; 29 USC 1059, ERISA sec 
209; 29 USC 1135, ERISA sec 505; 29 USC 1171 to 1173, ERISA sec 701 to 
703; 29 USC 1181, ERISA sec 711; 29 USC 1182, ERISA sec 712; 29 USC 
1191 to 1194, ERISA sec 731 to 734; PL 104-191, 101 Stat 1936 (HIPAA); 
PL 104-204, 110 Stat 2935 (NMHPA); Secretary of Labor's Order No. 1-87, 
52 FR 13139, April 21, 1987

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                    03/00/03

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

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

Agency Contact: Amy Turner, Pension Law Specialist, Department of 
Labor, Pension and Welfare Benefits Administration, Room C5331, 200 
Constitution Avenue NW, FP Building, Washington, DC 20210
Phone: 202 693-8335

RIN: 1210-AA63
_______________________________________________________________________




1582. 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                    07/00/02

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: 202 693-8335

RIN: 1210-AA64
_______________________________________________________________________




1583. 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

[[Page 33330]]

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              03/00/03

Regulatory Flexibility Analysis Required: No

Government Levels Affected: Undetermined

Agency Contact: Elena Hornsby, Pension Law Specialist, Department of 
Labor, Pension and Welfare Benefits Administration, Room C5331, 200 
Constitution Avenue NW, FP Building, Washington, DC 20210
Phone: 202 693-8335

RIN: 1210-AA75
_______________________________________________________________________




1584. 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                      07/00/02

Regulatory Flexibility Analysis Required: No

Government Levels Affected: Undetermined

Additional Information: This item has been 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: 202 693-8335

RIN: 1210-AA77
_______________________________________________________________________


Department of Labor (DOL)                             Completed Actions


Pension and Welfare Benefits Administration (PWBA)



_______________________________________________________________________




1585. 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.''

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
Withdrawn                       03/04/02

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: None

Additional Information: This item is being withdrawn from PWBA's 
regulatory agenda due to competing priorities.

[[Page 33331]]

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: 202 693-5600

RIN: 1210-AA37
_______________________________________________________________________




1586. 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 removed 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 (RINs 1210-AA67 and 1210-AA68) 
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                    01/07/02                      67 FR 772

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Agency Contact: Lisa M. Fields, Pension Law Specialist, Department of 
Labor, Pension and Welfare Benefits Administration, Room N5625, 200 
Constitution Avenue NW., FP Building, Washington, DC 20210
Phone: 202 693-8500

RIN: 1210-AA66
_______________________________________________________________________




1587. 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 implements 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                    01/07/02                      67 FR 777

Regulatory Flexibility Analysis Required: Yes

Small Entities Affected: Businesses, Organizations

Government Levels Affected: None

Agency Contact: Lisa M. Fields, Pension Law Specialist, Department of 
Labor, Pension and Welfare Benefits Administration, Room N5625, 200 
Constitution Avenue NW., FP Building, Washington, DC 20210
Phone: 202 693-8500

RIN: 1210-AA67
_______________________________________________________________________




1588. 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 implements the enforcement aspects of 
amendments to title I of ERISA made by section 1503 of the Taxpayer 
Relief Act of 1997 (Public Law 105-34) which, while eliminating the 
requirement that plan administrators file summary plan descriptions 
(SPDs), summaries of material modifications (SMMs) and updated SPDs 
with the Department of Labor, also provided that administrators must 
furnish copies of any documents relating to the plan, including but not 
limited to SPDs, to the Department on request. In particular, this 
rulemaking implements 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                    01/07/02                      67 FR 777

Regulatory Flexibility Analysis Required: Yes

Small Entities Affected: Businesses, Organizations

Government Levels Affected: None

Agency Contact: Lisa M. Fields, Pension Law Specialist, Department of 
Labor, Pension and Welfare Benefits Administration, Room N5625, 200 
Constitution Avenue NW., FP Building, Washington, DC 20210
Phone: 202 693-8500

RIN: 1210-AA68
_______________________________________________________________________




1589. 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

[[Page 33332]]

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                    04/09/02                    67 FR 17264
Final Action Effective          10/09/02

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: 202 693-8500

RIN: 1210-AA71
_______________________________________________________________________




1590. VOLUNTARY FIDUCIARY CORRECTION PROGRAM (VFC PROGRAM)

Priority: Other Significant

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 the 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.

Statement of Need: The VFC Program is a key element in PWBA's effort to 
encourage and facilitate fiduciary voluntary correction of certain 
breaches of fiduciary responsibility. Under the 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 
they satisfy the conditions for correcting breaches described in the 
Program.

Summary of Legal Basis: 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 the 
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 sections 502(a)(2) and 502(a)(5) of ERISA to 
bring civil actions to enforce the provisions thereof. Section 502(1) 
of ERISA requires the assessment of a civil penalty in the 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.

Alternatives: The VFC Program is essentially a deregulatory initiative, 
and participation in the Program is entirely voluntary. PWBA has 
determined that this approach is more flexible, efficient and 
protective of plans than regulatory alternatives which do not serve to 
encourage voluntary correction of fiduciary breaches.

Anticipated Cost and Benefits: Participation in the VFC Program is 
entirely voluntary and, as such, it is assumed that plan officials will 
elect to participate only when the potential benefits to them are 
expected to exceed the costs of participation. Benefits may include the 
reduction of exposure to the risk of investigation and subsequent 
litigation, the potential cost of which cannot be specifically 
quantified, and the savings of penalties under section 502(1) of ERISA 
which would otherwise be payable on amounts required to be restored to 
plans by fiduciaries pursuant to a settlement agreement with the 
Department or court order.

Risks: Failure to adopt the VFC Program would deprive plan officials of 
significant opportunities to voluntarily correct fiduciary breaches and 
to avoid costly litigation and civil penalties. Because the VFC Program 
encourages and facilitates compliance with the law, failure to 
implement the VFC Program may serve as a disincentive to the proper 
management of employee benefit plans.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Enforcement Policy              03/15/00                    65 FR 14164
Comment Period End              05/15/00
Final Action                    03/28/02                    67 FR 15062
Final Action Effective          04/29/02

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Agency Contact: Elizabeth A. Goodman, Pension Law Specialist, Office of 
Regulations and Interpretations, Department of Labor, Pension and 
Welfare Benefits Administration, Room N5669, 200 Constitution Avenue 
NW, FP Building, Washington, DC 20210
Phone: 202 693-8500

RIN: 1210-AA76
_______________________________________________________________________




1591. DELINQUENT FILER VOLUNTARY COMPLIANCE PROGRAM (DFVC PROGRAM)

Priority: Other Significant

Legal Authority: 29 USC 1132

CFR Citation: None

Legal Deadline: None

Abstract: Under ERISA section 502(c)(2) the Secretary of Labor is 
authorized to assess civil penalties of up to $1100 per day against 
plan administrators who fail or refuse to file complete and timely Form 
5500 Series Annual Returns/Reports. The Secretary may waive all or part 
of the civil penalty upon showing by the plan administrator of 
reasonable cause for failure to file a timely annual report.

[[Page 33333]]

The Department determined that the possible assessment of these civil 
penalties may deter certain delinquent filers from voluntarily 
complying with the annual reporting requirements under title I of ERISA 
and adopted, on April 27, 1995, the Delinquent Filer Voluntary 
Compliance (DFVC) Program which was published as a Federal Register 
rule-related notice (60 FR 20874). The DFVC Program permits delinquent 
plan administrators, who are otherwise subject to the assessment of 
higher civil penalties under ERISA section 502(c)(2), to pay reduced 
civil penalties for voluntarily complying with their annual reporting 
obligations under title I of ERISA.
PWBA has adopted modifications to the DFVC Program to further encourage 
and facilitate voluntary compliance by plan administrators who are 
delinquent in filing annual reports under title I of ERISA. The 
modifications also simplify the procedures governing participation in 
the DFVC Program and conform the program's provisions to the ERISA 
Filing Acceptance System (EFAST).

Statement of Need: Title I of ERISA authorizes the Secretary of Labor 
to assess civil penalties of up to $1100 per day against plan 
administrators who fail or refuse to file complete and timely Form 5500 
Annual Returns/Reports for employee benefit plans. ERISA also 
authorizes the Secretary to waive all or part of the civil penalty upon 
a showing of reasonable cause for failure to file a timely report. The 
DFVC Program, adopted in 1995, permits delinquent plan administrators, 
who are otherwise subject to the assessment of higher civil penalties, 
to pay reduced civil penalties for voluntarily complying with their 
annual reporting obligations under title I of ERISA. The modifications 
to the DFVC Program provided by this rulemaking will further encourage 
and facilitate voluntary compliance by plan administrators, simplify 
the procedures governing participation in the Program, and conform the 
Program to the ERISA Filing Acceptance System (EFAST).

Summary of Legal Basis: Section 502(c)(2) authorizes the Secretary of 
Labor to assess the civil penalties described above upon plan 
administrators who are delinquent in fulfilling their annual reporting 
requirements with respect to employee benefit plans. A notice adopting 
the DFVC Program was published by the Department in the Federal 
Register on April 27, 1995, at 60 FR 20874. This notice will modify 
that Program.

Alternatives: The DFVC Program is essentially a deregulatory 
initiative, and participation in the program is entirely voluntary. 
PWBA has determined that this approach is more flexible, efficient and 
protective of plans than regulatory alternatives which do not serve to 
encourage voluntary compliance with the statutory annual reporting 
requirements for employee benefit plans.

Anticipated Cost and Benefits: Adoption of the DFVC Program 
modifications incorporated in this initiative will not impose increased 
costs upon participants, but will instead simplify the procedures for 
participation in the Program and facilitate compliance. Since 
participation in the Program is entirely voluntary, plan administrators 
would not be likely to participate if the costs in doing so were to 
exceed the benefits.

Risks: Failure to adopt the modifications to the DFVC Program 
represented by this rulemaking would complicate compliance with ERISA's 
reporting requirements by plan administrators and may serve to 
discourage timely and complete reporting with regard to the operation 
of employee benefit plans.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Modified Enforcement Policy     03/28/02                    67 FR 15052
Policy Effective                03/28/02

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: 202 693-8500

RIN: 1210-AA86

_______________________________________________________________________


Department of Labor (DOL)                                 Prerule Stage


Mine Safety and Health Administration (MSHA)



_______________________________________________________________________




1592. 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: MSHA is 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                           09/00/02

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Agency Contact: Marvin W. Nichols Jr., 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
_______________________________________________________________________




1593. 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: MSHA's permissible exposure limit (PEL) for asbestos applies 
to surface (30 CFR part 56) and underground (30 CFR part 57) metal and 
nonmetal mines and to surface coal mines and surface areas of 
underground coal mines (30 CFR part 71) and is over 20 years old. 
Current scientific data indicate that this existing PEL is not

[[Page 33334]]

adequate to protect miners' health. MSHA is considering rulemaking to 
lower the PEL in order to reduce the risk of miners developing 
asbestos-induced occupational disease. A recent report by the Office of 
the Inspector General (OIG) recommended that MSHA lower its existing 
permissible exposure limit for asbestos to a more protective level, and 
address take-home contamination from asbestos. It also recommended that 
MSHA use Transmission Electron Microscopy to analyze fiber samples that 
may contain asbestos.

Statement of Need: Current scientific data indicate that the existing 
asbestos PEL is not protective of miners' health. MSHA's asbestos 
regulations date to 1967 and are based on the Bureau of Mines (MSHA's 
predecessor) standard of 5 mppcf (million particles per cubic foot of 
air). In 1969, the Bureau proposed a 2 mppcf and 12 fibers/ml standard. 
This standard was promulgated in 1969. In 1970, the Bureau proposed to 
lower the standard to 5 fibers/ml, which was promulgated in 1974. MSHA 
issued its current standard of 2 fibers/ml at the end of 1978 for metal 
and nonmetal mining [43 FR 54064]. Since enactment of the Mine Act, 
MSHA has conducted regular inspections at both surface and underground 
operations at metal and nonmetal mines. During these inspections, MSHA 
routinely takes samples, which are analyzed for compliance with its 
standard.

Other Federal agencies have addressed this issue by lowering their PEL 
for asbestos. For example, the Occupational Safety and Health 
Administration, working in conjunction with the Environmental 
Protection Agency, enacted a revised asbestos standard in 1994 that 
lowered the permissible exposure limit and the excursion limit to an 
eight (8) hour time-weighted average limit of 0.1 fiber per cubic 
centimeter of air and to 1.0 fiber per cubic centimeter of air (1 f/cc) 
as averaged over a sampling period of thirty (30) minutes. These 
lowered limits reflected increased asbestos-related disease risk to 
asbestos-exposed workers.

Alternatives: The Agency has increased sampling efforts in an attempt 
to determine current miners' exposure levels to asbestos, including 
taking samples at all existing vermiculite, taconite, talc, and other 
mines to determine whether asbestos is present and at what levels. 
Since the spring of 2000, MSHA has taken almost 900 samples at more 
than 40 operations employing more than 4,000 miners. During those 
sampling events, the MSHA staff also discussed with the miners and mine 
operators the potential hazards of asbestos and the types of preventive 
measures that could be implemented to reduce exposures. The course of 
action MSHA takes in addressing asbestos hazards to miners will, in 
part, be based on these sampling results.

Anticipated Cost and Benefits: MSHA will develop a preliminary economic 
analysis to accompany any proposed rule that may be developed.

Risks: There is concern that miners could be exposed to the hazards of 
asbestos during mine operations where the ore body contains asbestos. 
There is also potential for exposure at facilities in which installed 
asbestos-containing material is present. Overexposure to asbestos 
causes mesothelioma and other forms of cancers, such as cancers of the 
digestive system, as well as asbestosis.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           03/29/02                    67 FR 15134
Notice of Public Meetings; 
Notice of Close of Record       03/29/02
Notice of Change to Public 
Meetings                        04/18/02                    67 FR 19140
ANPRM Comment Period End        06/27/02

Regulatory Flexibility Analysis Required: Undetermined

Small Entities Affected: Businesses

Government Levels Affected: None

Additional Information: The Office of the Inspector General's 
``Evaluation of MSHA's Handling of Inspections at the W.R. Grace & 
Company Mine in Libby, Montana,'' was issued in March 2001.

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

RIN: 1219-AB24
_______________________________________________________________________


Department of Labor (DOL)                           Proposed Rule Stage


Mine Safety and Health Administration (MSHA)



_______________________________________________________________________




1594. BELT ENTRY USE AS INTAKE AIRCOURSE TO VENTILATE WORKING SECTIONS

Priority: Other Significant

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

CFR Citation: 30 CFR 75; 30 CFR 12; 30 CFR 48

Legal Deadline: None

Abstract: Currently, mine operators must apply to MSHA for a 
modification of the existing regulations if they want to use belt 
entries for ventilation purposes. MSHA's current regulations prohibit 
belt entries from being used to ventilate areas where coal is being 
mined. The intent was to prevent smoke from a conveyor belt fire from 
traveling to a miner's workplace. Improved technology, including 
sophisticated monitoring devices, such as atmospheric monitoring 
systems (AMS), makes it possible to use belt entries safely to 
ventilate these areas in mines, provided certain conditions are met. An 
AMS is a network consisting of hardware and software capable of 
measuring atmospheric parameters, such as carbon monoxide and oxygen 
concentrations; transmitting these measurements to the surface; 
providing local and remote alarms; manipulating and cataloging 
atmospheric data; and providing reports.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            09/00/02

Regulatory Flexibility Analysis Required: Yes

Small Entities Affected: Businesses

Government Levels Affected: None

[[Page 33335]]

Additional Information: In 1985 MSHA published a ``pre-proposal'' that 
included a belt air provision as part of the revisions to the 
ventilation regulations. In 1988, MSHA published a proposed rule that 
would have allowed belt air to ventilate the area where coal is being 
mined. Also in 1988, MSHA held six hearings to receive public comment 
on the proposed rule. Several thousand miners attended the hearings to 
voice their opposition to the belt air provision. As a result, in 1989 
MSHA formed the Belt Air Ventilation Review Committee to review the use 
of belt air. The Committee concluded that the use of belt air could be 
allowed, provided environmental sensors are used to detect belt fires. 
Another hearing took place in 1990 to solicit further comment on the 
use of belt air. In 1991, the Secretary of Labor formed a Federal 
Advisory Committee on the use of belt air. MSHA published final 
ventilation rules in 1992 that omitted the use of belt air, deferring 
further action until the Advisory Committee recommendations were 
completed. In December 1992, the Advisory Committee published a report 
that concluded that belt air can be used to safely ventilate areas 
where coal is being mined, provided certain conditions are met.

Agency Contact: Marvin W. Nichols Jr., 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
_______________________________________________________________________




1595. 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 7; 30 CFR 22; 30 CFR 23; 30 CFR 27; 30 CFR 
28; 30 CFR 36

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
Second NPRM                     09/00/02

Regulatory Flexibility Analysis Required: Yes

Small Entities Affected: Businesses

Government Levels Affected: Federal

Agency Contact: Marvin W. Nichols Jr., 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
_______________________________________________________________________




1596. 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 to 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 (Methane 
Testing)                        09/00/02

Regulatory Flexibility Analysis Required: Yes

Small Entities Affected: Businesses

Government Levels Affected: None

Agency Contact: Marvin W. Nichols Jr., 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
_______________________________________________________________________




1597. 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 for each 
mechanized mining unit 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 
limited use of either approved loose-fitting powered air purifying 
respirators (PAPRs) or verifiable administrative controls as a 
supplemental means of compliance if we have determined that further 
reduction in respirable dust levels cannot be achieved using all 
feasible engineering controls.

[[Page 33336]]

Furthermore, MSHA proposed to assume responsibility for all compliance 
sampling for respirable dust in underground coal mines as required 
under 30 CFR parts 70 and 90. However, given significant public 
comments, MSHA will repropose this rule.

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 mechanized 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, 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 reduced dust levels 
over a miner's working lifetime by the elimination of over-exposures to 
respirable coal dust on each and every production shift. Additional 
benefits include reduced health care costs and 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. We developed cost 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. Occupational 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 non-regulatory 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
NPRM                            09/00/02

Regulatory Flexibility Analysis Required: Yes

Small Entities Affected: Businesses

Government Levels Affected: None

Additional Information: This rulemaking is related to RIN 1219-AB18 
(Determination of Concentration of Respirable Coal Mine Dust).

Agency Contact: Marvin W. Nichols Jr., 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
_______________________________________________________________________




1598. 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 and improve the quality of mine 
rescue teams available to assist miners in life threatening 
emergencies.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Notice of Public Meeting        03/12/02                    67 FR 11145
Public Meeting                  03/28/02
NPRM                            09/00/02

Regulatory Flexibility Analysis Required: Yes

Small Entities Affected: Businesses

Government Levels Affected: None

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

RIN: 1219-AB20
_______________________________________________________________________


Department of Labor (DOL)                              Final Rule Stage


Mine Safety and Health Administration (MSHA)



_______________________________________________________________________




1599. HAZARD COMMUNICATION

Priority: Other Significant

Legal Authority: 30 USC 811

CFR Citation: 30 CFR 47

Legal Deadline: None

Abstract: Today's complex mining environment exposes miners to many 
hazards, such as wastes being burned as fuel supplements at cement 
kilns and other chemicals brought onto mine property.
On October 3, 2000, MSHA published an interim final Hazard 
Communication (HazCom) rule and opened a short

[[Page 33337]]

additional comment period which closed on November 17, 2000.
The purpose of this standard is to reduce chemically related injuries 
and illnesses among miners by increasing their knowledge and awareness 
of chemical hazards. It ensures that miners have the same protections 
that have been available to workers under OSHA's jurisdiction since 
1987. MSHA's rule is consistent with OSHA's HazCom rule to the extent 
appropriate.
The interim final rule would have become effective on October 3, 2001. 
MSHA reopened the record and held public hearings to provide an 
additional opportunity for comment on any issue relevant to the 
rulemaking.

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
NPRM Comment Period End         06/30/99
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
Delay Effective Date of Interim 
Final Rule; Reopening of Record; 
Public Hearings; Close of Record08/28/01                    66 FR 45167
Comment Period End for Reopening 
of Record                       10/17/01
Interim Final Rule Effective    06/30/02
Final Rule                      07/00/02

Regulatory Flexibility Analysis Required: Yes

Small Entities Affected: Businesses

Government Levels Affected: State, Local, Tribal, Federal

Agency Contact: Marvin W. Nichols Jr., 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
_______________________________________________________________________




1600. AIR QUALITY, CHEMICAL SUBSTANCES, AND RESPIRATORY PROTECTION 
STANDARDS

Priority: Other Significant

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. MSHA plans to 
withdraw this item.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Notice of Availability of 
Preproposal Draft               07/06/83                    48 FR 31171
ANPRM                           11/19/85                    50 FR 47702
NPRM                            08/29/89                    54 FR 35760
NPRM Comment Period Extended to 
3/2/1990                        10/19/89                    54 FR 43026
NPRM Comment Period End         08/30/91                    56 FR 29201
Final Rule: Abrasive Blasting 
and Drill Dust Control          02/18/94                     59 FR 8318
Withdrawal Notice               09/00/02

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: State, Local, Tribal, Federal

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

Agency Contact: Marvin W. Nichols Jr., 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
_______________________________________________________________________




1601. 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. MSHA plans to withdraw this item.

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
Withdrawal Notice               09/00/02

Regulatory Flexibility Analysis Required: Yes

Small Entities Affected: Businesses

Government Levels Affected: None

Agency Contact: Marvin W. Nichols Jr., 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
_______________________________________________________________________




1602. 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

[[Page 33338]]

Mine Safety and Health Administration jointly proposed that a single, 
full-shift measurement (``single, full-shift sample'') will accurately 
represent the atmospheric condition to which a miner is exposed. The 
proposed rule 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 over two decades ago. Despite this 
progress, there continues to be concern about our current sampling 
programs' ability to accurately measure and maintain respirable coal 
mine dust exposure at or below the applicable standard on each shift. 
For as long as miners have taken coal from the ground, many have 
suffered respiratory problems due to their occupational exposures to 
respirable coal mine dust. These respiratory problems affect the 
current workforce and range from mild impairment of respiratory 
function to more severe diseases, such as silicosis and pulmonary 
massive fibrosis. For some miners, the impairment of their respiratory 
systems is so severe, they die prematurely. Since there is a clear 
relationship between a miner's cumulative exposure to respirable coal 
mine dust and the severity of the resulting respiratory conditions, it 
is imperative that each miner's exposure not exceed the applicable 
standard on each and every shift.

Summary of Legal Basis: Promulgation of this regulation 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 proposed to verify the effectiveness of ventilation 
plans as well as conduct all compliance sampling in underground coal 
mines. However, given significant public comments, MSHA will repropose 
RIN 1219-AB14 - Verification of Underground Coal Mine Operators' Dust 
Control Plans and Compliance Sampling for Respirable Dust.

Anticipated Cost and Benefits: Benefits sought are reduced dust levels 
over a miner's working lifetime by the elimination of over-exposures to 
respirable coal dust on each and every production shift. Additional 
benefits include reduced health care costs and disability and black 
lung benefit payments.

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 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
Reopen Record for Comments      09/00/02

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: Marvin W. Nichols Jr., 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
_______________________________________________________________________


Department of Labor (DOL)                             Completed Actions


Mine Safety and Health Administration (MSHA)



_______________________________________________________________________




1603. ELECTRIC MOTOR-DRIVEN MINE EQUIPMENT AND ACCESSORIES AND HIGH-
VOLTAGE LONGWALL EQUIPMENT STANDARDS FOR UNDERGROUND COAL MINES

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 eliminates the need for a 
modification to use this equipment and establishes safety requirements 
for the design, construction, installation, use, and maintenance of 
high-voltage longwall equipment and associated cables.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            08/27/92                    57 FR 39036
Extension of Comment Period to 
11/13/1992                      10/23/92                    57 FR 48350
Reopen Record                   10/18/95                    60 FR 53891
Extension of Comment Period     11/14/95                    60 FR 57203
Comment Period End              12/18/95
Reopen Record                   12/28/99                    64 FR 72620
Comment Period End              02/28/00
Final Rule                      03/11/02                    67 FR 10971
Final Rule Effective            05/10/02

Regulatory Flexibility Analysis Required: Yes

Small Entities Affected: Businesses

Government Levels Affected: None

Additional Information: The first high-voltage longwall system started 
operating in 1985. Since that time we have issued approximately 130 
system design approvals for high-voltage

[[Page 33339]]

longwall equipment. Over the last 16 years, no electrical-type 
fatalities or serious injuries occurred to miners because of high-
voltage equipment used in accordance with over 100 granted high-voltage 
petitions for modification (petitions). Because of this new improved 
high-voltage technology, the designed safety benefits and the observed 
use experience, MSHA is revising its existing 30 CFR part 18 electric 
motor-driven mine equipment and accessories approval requirements and 
part 75 safety standards by adding specific design and safety 
requirements for high-voltage longwall equipment in underground coal 
mines.

Agency Contact: Marvin W. Nichols Jr., 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
_______________________________________________________________________




1604. DIESEL PARTICULATE 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: This final rule addresses two provisions of the Mine Safety 
and Health Administration's final rule pertaining to ``Diesel 
Particulate Matter Exposure of Underground Metal and Nonmetal Miners,'' 
published in the Federal Register on January 19, 2001 (66 FR 5706, RIN 
1219-AB11). The final rule was scheduled to become effective on March 
20, 2001, but MSHA delayed the effective date of the rule until May 21, 
2001 in accordance with a January 20, 2001 memorandum from the 
President's Chief of Staff. On May 21, 2001, MSHA delayed the effective 
date of the final rule until July 5, 2001. The final rule was 
challenged by mining industry trade associations, several mining 
companies and the United Steelworkers of America. On July 5, 2001, MSHA 
published a proposed rule addressing two provisions: section 57.5066(b) 
(regarding the tagging provision of the maintenance standard) and 
section 57.5067(b) (regarding the definition of ``introduced'' in the 
engine standard). The proposal gave notice of MSHA's intent to revise 
these two provisions and requested comments from the mining community. 
The Agency also held a public hearing to receive further input from the 
public. The final rule is identical to the proposed rule and with the 
comprehensive January 19, 2001 final rule (66 FR 5706). The 
requirements of the final rule will work in tandem with the provisions 
that were effective on July 5, 2001 (66 FR 35518).

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            07/05/01                    66 FR 35521
NPRM Comment Period End         08/06/01
Public Hearing                  08/16/01
Post-hearing Comment Period End 
and Close of Record             08/20/01                    66 FR 35521
Final Action                    02/27/02                     67 FR 9180
Final Action Effective          03/29/02

Regulatory Flexibility Analysis Required: Yes

Small Entities Affected: Businesses

Government Levels Affected: None

Additional Information: This rulemaking is related to RIN: 1219-AB11, 
which was effective on July 5, 2001 (66 FR 35518), and to the 
comprehensive final rule 1219-AB11 published on January 19, 2001 (66 FR 
5706).

Agency Contact: Marvin W. Nichols Jr., 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-AB28

_______________________________________________________________________


Department of Labor (DOL)                           Proposed Rule Stage


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



_______________________________________________________________________




1605. 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: 29 CFR 35

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 implements the Age 
Discrimination Act of 1975 (the Act). The Act prohibits discrimination 
on the basis of age in programs or activities receiving Federal 
financial assistance. The Age Act also contains specific exceptions 
that permit the use of certain age distinctions and factors other than 
age that meet the Age Act's requirements. This NPRM is a republication 
of an NPRM published on December 29, 1998, with updates to reflect the 
passage of the Workforce Investment Act of 1998 and to add the term 
``program or activity'' as it is defined in the Civil Rights 
Restoration Act of 1987. These changes do not alter the substance of 
the NPRM.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            12/29/98                    63 FR 71714
NPRM Comment Period End         03/01/99
Second NPRM                     07/00/02

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: 202 693-6500
TDD Phone: 202 693-6515
Fax: 202 693-6505

[[Page 33340]]

Email: [email protected]

RIN: 1291-AA21
_______________________________________________________________________


Department of Labor (DOL)                              Final Rule Stage


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



_______________________________________________________________________




1606. AUDITS OF STATES, LOCAL GOVERNMENTS, AND NONPROFIT ORGANIZATIONS

Priority: Substantive, Nonsignificant

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                      06/00/02

Regulatory Flexibility Analysis Required: No

Government Levels Affected: State, Local

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: 202 693-7285
Fax: 202 693-7290
Email: [email protected]

RIN: 1291-AA26
_______________________________________________________________________




1607. 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                      06/00/02

Regulatory Flexibility Analysis Required: No

Government Levels Affected: State, Local

Additional Information: The interim final rule is in effect. The final 
rule is expected the first quarter of fiscal year 2002.

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: 202 693-7285
Fax: 202 693-7290
Email: [email protected]

RIN: 1291-AA27
_______________________________________________________________________




1608. 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 by recipients of financial assistance under Title I of 
WIA on the grounds of race, color, national origin, sex, age, 
disability, religion, political affiliation or belief, and for 
beneficiaries only, 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 are 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                      10/00/02

Regulatory Flexibility Analysis Required: No

Government Levels Affected: State, Local, Tribal

[[Page 33341]]

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: 202 693-6500
TDD Phone: 202 693-6515
Fax: 202 693-6505
Email: [email protected]

RIN: 1291-AA29
_______________________________________________________________________




1609. 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 Action                    08/00/02
Final Action Effective          09/00/02

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: 202 693-6500
TDD Phone: 202 693-6515
Fax: 202 693-6505
Email: [email protected]

RIN: 1291-AA31
_______________________________________________________________________




1610.  DEPARTMENT OF LABOR ACQUISITION REGULATIONS

Priority: Info./Admin./Other

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. The 
changes to the DOLAR are extensive and reflect the large number of 
changes made to the Federal Acquisition Regulation since 1986.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Internal Review and Drafting    05/00/02
Interim Final Rule              06/00/02

Regulatory Flexibility Analysis Required: No

Small Entities Affected: Businesses

Government Levels Affected: None

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: 202 693-7282
Fax: 202 693-7290
Email: [email protected]

RIN: 1291-AA34
_______________________________________________________________________


Department of Labor (DOL)                             Long-Term Actions


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



_______________________________________________________________________




1611. 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 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

Additional Information: HHS is the lead agency and will coordinate the 
next action with OMB.

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: 202 693-7285
Fax: 202 693-7290
Email: [email protected]

RIN: 1291-AA30

[[Page 33342]]

_______________________________________________________________________




1612. 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: This document proposed substantive changes and amendments to 
the Governmentwide nonprocurement common rule for debarment and 
suspension and the governmentwide rule implementing the Drug-Free 
Workplace Act of 1988. The most significant changes are: (1) This 
proposed common rule on debarment and suspension would limit the 
mandatory lower tier application of an exclusion to the first 
procurement level under a nonprocurement covered transaction; (2) This 
proposed common rule on debarment and suspension would set the dollar 
threshold on prohibited lower-tier procurement transactions with 
excluded persons at $25,000; (3) Both this proposed rule on debarment 
and suspension and the proposed rule on drug-free workplace 
requirements would eliminate the mandate for agencies and participants 
to obtain written certifications from awardees or persons with whom 
they propose to enter into covered transactions. The proposed rules 
will allow agencies and participants the flexibility to use other means 
if they so choose, such as award conditions or electronic access to the 
GSA List on the internet, to enforce compliance with the rules; and (4) 
The proposed rule on drug-free workplace requirements would be 
separated from this proposed rule on debarment and suspension. The 
drug-free workplace requirements currently are in subpart F of the 
Debarment and Suspension Nonprocurement Common Rule.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            01/23/02                     67 FR 3265
NPRM Comment Period End         03/25/02
Final Rule                       To Be                       Determined

Regulatory Flexibility Analysis Required: No

Government Levels Affected: Undetermined

Additional Information: OMB is waiting for other agencies participating 
in the common rule to submit their packages.

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: 202 693-7282
Fax: 202 693-7290
Email: [email protected]

RIN: 1291-AA33
_______________________________________________________________________


Department of Labor (DOL)                             Completed Actions


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



_______________________________________________________________________




1613. 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: This item is being withdrawn from this agenda but will appear 
in the fall 2002 agenda.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Withdrawn                       03/08/02

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: 202 693-6500
TDD Phone: 202 693-6515
Fax: 202 693-6505
Email: [email protected]

RIN: 1291-AA28

_______________________________________________________________________


Department of Labor (DOL)                                 Prerule Stage


Occupational Safety and Health Administration (OSHA)



_______________________________________________________________________




1614. 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 hexavalent 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

[[Page 33343]]

anhydride 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 hexavalent 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)(5) rulemaking.
The major illnesses associated with occupational exposure to hexavalent 
chromium are lung cancer and dermatoses. OSHA estimates that 
approximately one million workers are exposed to hexavalent chromium on 
a regular basis in all industries. The major uses of hexavalent 
chromium are: as a structural and anti-corrosive element in the 
production of stainless steel, ferrochromium, iron and steel, and in 
electroplating, welding and painting.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Request for Information         08/00/02

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: Undetermined

Agency Contact: Steven F. Witt, 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
_______________________________________________________________________




1615. 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. OSHA intends to issue a 
proposed rule addressing this construction industry hazard next year.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Initiate Work for a SBREFA Panel08/00/02

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
_______________________________________________________________________




1616. OCCUPATIONAL EXPOSURE TO ETHYLENE OXIDE (SECTION 610 REVIEW)

Priority: Other Significant

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

CFR Citation: 29 CFR 1910.1047

Legal Deadline: None

Abstract: OSHA has undertaken a review of the ethylene oxide (ETO) 
standard in accordance with the requirements of the Regulatory 
Flexibility Act and section 5 of EO 12866. The review has considered 
the continued need for the rule, the impacts of the rule, comments on 
the rule received from the public, the complexity of the rule, whether 
the rule overlaps, duplicates or conflicts with other Federal, State or 
local regulations, and the degree to which technology, economic 
conditions or other factors may have changed since the rule was last 
evaluated. The Agency's findings with respect to this review will be 
published in a report available to the public in 2002.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Begin Review                    10/01/96
End Review                      06/00/02

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: 202 693-2043
Fax: 202 693-1641
Email: [email protected]

RIN: 1218-AB60
_______________________________________________________________________




1617. 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. OSHA has determined that additional 
information is needed.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           07/14/99                    64 FR 38077
ANPRM Comment Period End        01/24/00
Request for Infomation          12/00/02

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Agency Contact: Russell B. Swanson, Director, Directorate of 
Construction,

[[Page 33344]]

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
_______________________________________________________________________




1618. OCCUPATIONAL EXPOSURE TO CRYSTALLINE SILICA

Priority: Economically Significant. Major under 5 USC 801.

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 1917; 29 
CFR 1918

Legal Deadline: None

Abstract: OSHA is considering a consensus-based rulemaking to address 
the hazards posed by silica. 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 indicate a 
statistically significant increase in lung cancer among silica-exposed 
workers. Exposure studies and OSHA enforcement data indicate that some 
workers are still exposed to very high levels of silica. OSHA plans in 
this rulemaking to modernize and standardize the Agency's current PELs 
for silica so that they will be consistent across all sectors.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Initiate SBREFA Process or 
Initiate Consensus-Based Process10/00/02

Regulatory Flexibility Analysis Required: Yes

Small Entities Affected: Businesses

Government Levels Affected: Undetermined

Agency Contact: Steven F. Witt, 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

RIN: 1218-AB70
_______________________________________________________________________




1619. 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                      05/00/02

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: 202 693-2043
Fax: 202 693-1641
Email: [email protected]

RIN: 1218-AB73
_______________________________________________________________________




1620. OCCUPATIONAL EXPOSURE TO BERYLLIUM

Priority: Economically Significant. Major under 5 USC 801.

Unfunded Mandates: Undetermined

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

CFR Citation: 29 CFR 1910

Legal Deadline: None

Abstract: OSHA intends to issue a Request for Information and to 
evaluate the extensive research related to the mechanisms of disease 
underlying Chronic Beryllium Disease or beryllium sensitization and to 
identify the best ways of reducing employee exposure to beryllium. OSHA 
will also be identifying processes, industries, and kind of businesses 
that involve the use of beryllium. This information is necessary if 
OSHA is to develop a rule to reduce worker exposure to dust or fumes 
from beryllium metal, metal oxides, or alloys, all of which may cause 
serious and sometimes fatal lung disease (chronic beryllium disease 
(CBD), lung cancer, and skin disease). In 1999 and in 2001, OSHA was 
petitioned to issue an emergency temporary standard by the Paper, 
Allied-Industrial, Chemical, and Energy Workers Union (PACE), Public 
Citizen Health Research group and others. The Agency denied these 
petitions but stated its intent to work on a standard to be issued 
under section 6(b)(5) of the Act to protect workers from beryllium-
related disease. Before OSHA can do so, however, it needs a substantial 
amount of information on beryllium's toxicity, risks, and patterns of 
use. The Request for Information will be designed to obtain this 
information.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Request for Information         09/00/02

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: Undetermined

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

RIN: 1218-AB76

[[Page 33345]]

_______________________________________________________________________




1621. 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, 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 2002, 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                           06/00/02

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: None

Agency Contact: Steven F. Witt, 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
_______________________________________________________________________




1622. EXCAVATIONS (SECTION 610 REVIEW)

Priority: Other Significant

Legal Authority: 5 USC 610; 29 USC 651 et seq

CFR Citation: 29 CFR 1926.650 to 1926.652

Legal Deadline: None

Abstract: OSHA will undertake a review of the Agency's trenching and 
excavations standard (29 CFR 1926.650 to 1926.652) in accordance with 
the requirements of the Regulatory Flexibility Act and Section 5 of 
Executive Order 12866. The review will consider the continued need for 
the rule, the impacts of the rule, public comments on the rule, the 
complexity of the rule, and whether the rule overlaps, duplicates, or 
conflicts with other regulations.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Begin Review                    12/01/01
Request for Comments            06/00/02

Regulatory Flexibility Analysis Required: Undetermined

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: 202 693-2043
Fax: 202 693-1641
Email: [email protected]

RIN: 1218-AC02
_______________________________________________________________________




1623. PRESENCE SENSING DEVICE INITIATION OF MECHANICAL POWER PRESSES 
(SECTION 610 REVIEW)

Priority: Substantive, Nonsignificant

Legal Authority: 5 USC 610; 29 USC 651 et seq

CFR Citation: 29 CFR 1910.217(h), app A,B,C

Legal Deadline: None

Abstract: OSHA will undertake a review of the Agency's Presence Sensing 
Device Initiation of Mechanical Power Presses rule (29 CFR 1910.217) in 
accordance with the requirements of the Regulatory Flexibility Act and 
section 5 of Executive Order 12866. The review will consider among 
other things, the need for the rule, the impacts of the rule, public 
comments on the rule, the complexity of the rule, and whether the rule 
overlaps, duplicates, or conflicts with other regulations.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Begin Review                    12/01/01
Request for Comments            06/00/02

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: Undetermined

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: 202 693-2043
Fax: 202 693-1641
Email: [email protected]

RIN: 1218-AC03
_______________________________________________________________________




1624.  CONTROLLED NEGATIVE PRESSURE FIT TESTING PROTOCOL: AMENDMENT 
TO THE FINAL RULE ON RESPIRATORY PROTECTION

Priority: Info./Admin./Other

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

CFR Citation: 29 CFR 1910.134

Legal Deadline: None

Abstract: In January 1998, OSHA published the final Respiratory 
Protection standard (29 CFR 1910.134). In the final revised respirator 
standard, OSHA set up a mechanism for OSHA's acceptance of new fit test 
protocols under Mandatory Appendix A. Any person may submit to OSHA an 
application for approval of a new fit test protocol, and if the 
application meets certain criteria, OSHA will initiate a rulemaking 
proceeding under 6(b)(7) of the OSH Act to determine whether to list 
the new protocol as an approved fit test protocol in Appendix A. OSHA 
has been petitioned to allow the use of a modified Controlled Negative 
Pressure (CNP) fit test protocol.
Employers, employees, and safety and health professionals use fit 
testing to select respirators. Currently OSHA relies on fit testing 
methods specified in Appendix A of the final revised Respiratory 
Protection standard.
When OSHA published the final Respiratory Protection standard in 1998, 
it allowed for later rulemaking on new fit test methods. This 
rulemaking action will allow for the

[[Page 33346]]

incorporation of new fit test methods into 1910.134.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Next Action To Be Determined    02/00/03

Regulatory Flexibility Analysis Required: No

Government Levels Affected: State, Local, Tribal, Federal

Agency Contact: Steven F. Witt, 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

RIN: 1218-AC05
_______________________________________________________________________


Department of Labor (DOL)                           Proposed Rule Stage


Occupational Safety and Health Administration (OSHA)



_______________________________________________________________________




1625. ASSIGNED PROTECTION FACTORS: AMENDMENTS TO THE FINAL RULE ON 
RESPIRATORY PROTECTION

Priority: Other Significant

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

CFR Citation: 29 CFR 1910.134

Legal Deadline: None

Abstract: In January 1998, OSHA published the final Respiratory 
Protection standard (29 CFR 1910.134), except for reserved provisions 
on assigned protection factors (APFs) and maximum use concentrations 
(MUCs). APFs are numbers that describe the effectiveness of the various 
classes of respirators in reducing employee exposure to airborne 
contaminants (including particulates, gases, vapors, biological agents, 
etc.). Employers, employees, and safety and health professionals use 
APFs to determine the type of respirator to protect the health of 
employees in various hazardous environments. Maximum use concentrations 
establish the maximum airborne concentration of a contaminant in which 
a respirator with a given APF may be used.
Currently, OSHA relies on the APFs developed by NIOSH in the 1980s 
unless OSHA has assigned a different APF in a substance-specific health 
standard. However, many employers follow the more recent APFs published 
in the industry consensus standard, ANSI Z88.2-1992. For some classes 
of respirators, the NIOSH and ANSI APFs vary greatly.
When OSHA published the final Respiratory Protection standard in 1998, 
it reserved for later rulemaking those provisions of the standard 
dealing with APFs and MUCs. This rulemaking action will complete the 
1998 standard, reduce compliance confusion among employers, and provide 
employees with consistent and appropriate respiratory protection.

Statement of Need: About 5 million employees wear respirators as part 
of their regular job duties. Due to inconsistencies between the APFs 
found in the current industry consensus standard (ANSI Z88.2-1992) and 
in the NIOSH Respirator Decision Logic, employers, employees, and 
safety and health professionals are often uncertain about what 
respirator to select to provide protection against hazardous air 
contaminants. Several industry and professional groups have asked OSHA 
to proceed with this rulemaking to resolve these inconsistencies and 
provide reliable protection of employees' health in cases where 
respirators must be worn.

Summary of Legal Basis: The legal basis for this proposed rule is the 
determination that assigned protection factors and maximum use 
concentrations are necessary to complete the final Respiratory 
Protection standard and provide the full protection of that standard.

Alternatives: OSHA has considered allowing the current situation to 
continue, in which OSHA generally enforces NIOSH APFs but many 
employers follow the more recent consensus standard APFs. However, 
allowing the continuation of this situation results in inconsistent 
enforcement, lack of guidance for employers, and the potential for 
inadequate employee protection.

Anticipated Cost and Benefits: The scope of the proposed APF table is 
still under development, and estimates of the costs and benefits have 
not yet been developed.

Risks: The preamble to the final Respiratory Protection rule (63 FR 
1270, Jan. 8, 1998) discusses the significance of the risks potentially 
associated with the use of respiratory protection. No independent 
finding of significant risk will be made for the APF rulemaking, since 
it only addresses a single provision of the larger rule.

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
NPRM on APFs or Initiate SBREFA 
Process                         11/00/02

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: State, Local, Tribal, Federal

Agency Contact: Steven F. Witt, 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

RIN: 1218-AA05
_______________________________________________________________________




1626. 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.

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

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

[[Page 33347]]

lifts (VTLs) involve the lifting of two or more empty 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 did not contain adequate information 
to allow the Agency to address this issue, OSHA continues to work with 
national and international organizations and gathering additional 
information on the safety of VTLs.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM on Longshoring/Marine 
Terminals                       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
Reopening of Record             10/00/02
Second NPRM                     06/00/03

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Agency Contact: Steven F. Witt, Acting Director, Directorate of Safety 
Standards Programs, Department of Labor, Occupational Safety and Health 
Administration, Room N3605, 200 Constitution Avenue, NW, FP Building, 
Washington, DC 20210
Phone: 202 693-2222
Fax: 202 693-1663

RIN: 1218-AA56
_______________________________________________________________________




1627. 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 plans to re-open the record to collect 
updated information before determining what action should be taken.

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
Reopen Record                   07/00/02

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: Undetermined

Agency Contact: Steven F. Witt, 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
_______________________________________________________________________




1628. INJURY AND ILLNESS PREVENTION

Priority: Economically Significant. Major under 5 USC 801.

Unfunded Mandates: Undetermined

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

CFR Citation: 29 CFR 1900.1

Legal Deadline: None

Abstract: The Occupational Safety and Health Administration (OSHA), 
many 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 injury and 
illness prevention programs in reducing and 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 their effectiveness. OSHA has decided to develop an injury 
and illness prevention rule because occupational injuries, illnesses, 
and fatalities are continuing to occur at an unacceptably high rate. 
For example, an average of about 16 workers were killed each day in 
1999. This number does not include an estimated 137 daily deaths 
associated with job-related chronic illnesses. The Agency is currently 
evaluating the appropriate scope and form of the proposed rule, as well 
as the hazards the rule will address, and is considering a number of 
regulatory and non-regulatory alternatives.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Initiate SBREFA Process         12/00/02

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

RIN: 1218-AB41
_______________________________________________________________________




1629. OCCUPATIONAL EXPOSURE TO TUBERCULOSIS

Priority: Economically Significant. Major under 5 USC 801.

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

Legal Authority: 29 USC 655(b)

CFR Citation: 29 CFR 1910.1035

Legal Deadline: None

Abstract: In 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 who care for 
or oversee patients or others with active tuberculosis (TB) against the 
transmission of TB. After reviewing the available information, OSHA

[[Page 33348]]

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. Examples of workers at risk of 
contracting TB as a result of their work are health care workers, 
detention facility personnel, and homeless shelter employees. On 
October 17, 1997, OSHA published its proposed standard for occupational 
exposure to TB (62 FR 54160). 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 the 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, informal public hearings were held in Washington, DC, Los 
Angeles, CA, New York City, NY, and Chicago, IL. The post-hearing 
comment period closed on October 5, 1998. On June 17, 1999 OSHA 
reopened the rulemaking record for 90 days 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. At the request of Congress, the 
Institute of Medicine of the National Academy of Sciences (IOM) 
conducted a study of OSHA's proposal and the need for a TB standard. 
That study was completed in January 2001, and concluded that OSHA 
should move forward with a standard modeled after the CDC guidelines 
and tailored to the extent of TB risk present in the community. The IOM 
study concluded that an OSHA standard was needed to maintain national 
TB rates among health care and other employees at their current levels 
and to prevent future outbreaks of multi-drug resistant and other forms 
of TB among these workers. OSHA has reopened the record to obtain 
comment on the IOM study, the draft final risk assessment and the peer 
reviewers' comment on the risk assessment.

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
Third Reopening Comment Period  01/24/02                     67 FR 3465
Extension of Comment Period of 
Reopening                       03/05/02                     67 FR 9934
Reopening Comment Period End    03/25/02
Comment Period End              05/24/02
Next Step To Be Determined      10/00/02

Regulatory Flexibility Analysis Required: Yes

Small Entities Affected: Businesses, Governmental Jurisdictions, 
Organizations

Government Levels Affected: State, Local, Tribal, Federal

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

Agency Contact: Steven F. Witt, 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

RIN: 1218-AB46
_______________________________________________________________________




1630. GENERAL WORKING CONDITIONS FOR SHIPYARD EMPLOYMENT

Priority: Substantive, Nonsignificant

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 
general working conditions such as housekeeping, illumination, 
sanitation, first aid, and lockout/tagout. Over 100,000 workers are 
exposed annually to these hazards.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            01/00/03

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: None

Agency Contact: Steven F. Witt, Acting Director, Directorate of Safety 
Standards Programs, Department of Labor, Occupational Safety and Health 
Administration, Room N3605, 200 Constitution Avenue, NW, FP Building, 
Washington, DC 20210
Phone: 202 693-2222
Fax: 202 693-1663

RIN: 1218-AB50
_______________________________________________________________________




1631. FIRE PROTECTION IN SHIPYARD EMPLOYMENT (PART 1915, SUBPART P) 
(SHIPYARDS: FIRE SAFETY)

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

Unfunded Mandates: Undetermined

Legal Authority: 29 USC 655

CFR Citation: 29 CFR 1915, subpart P

Legal Deadline: None

Abstract: This proposal is being developed through the negotiated 
rulemaking process. The rule will update and revise an important but 
outdated part of OSHA's shipyard rules. The original rule was adopted 
by OSHA in 1971 and has remained unchanged since then. The negotiated 
rulemaking committee was convened on October 15, 1996; members of the 
committee include: OSHA, state government, Federal agency, small and 
large shipyard employers, and maritime and firefighter union 
representatives.

Statement of Need: Fires in the shipyard environment claim the lives of 
several workers every year and thus account for a substantial number of

[[Page 33349]]

deaths and more than 50 serious burns occurring in this 100,000-
employee workforce. Updating OSHA's outdated shipyard requirements for 
fire extinguishers, sprinkler systems, detection systems, alarm 
systems, and fire brigades will facilitate compliance by employers and 
employees and reduce these fire-related injuries and fatalities.

Summary of Legal Basis: The legal basis for this proposed rule is a 
preliminary determination that an unacceptable risk of fire-related 
injuries and fatalities exists in the shipyard industry.

Alternatives: OSHA has considered but rejected the alternative of 
allowing the existing rule to remain in place, because the Agency 
believes that doing so would contribute to the unacceptable number of 
fire-related accidents occurring in shipyards every year.

Anticipated Cost and Benefits: Detailed cost and benefits estimates 
have not yet been made for the rule, because it is still in draft form.

Risks: A detailed risk analysis has not yet been completed for this 
rule.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            09/00/02

Regulatory Flexibility Analysis Required: Undetermined

Small Entities Affected: Businesses

Government Levels Affected: Undetermined

Agency Contact: Steven F. Witt, Acting Director, Directorate of Safety 
Standards Programs, Department of Labor, Occupational Safety and Health 
Administration, Room N3605, 200 Constitution Avenue, NW, FP Building, 
Washington, DC 20210
Phone: 202 693-2222
Fax: 202 693-1663

RIN: 1218-AB51
_______________________________________________________________________




1632. ELECTRIC POWER TRANSMISSION AND DISTRIBUTION; ELECTRICAL 
PROTECTIVE EQUIPMENT IN THE CONSTRUCTION INDUSTRY

Priority: Other 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 1910.136; 29 CFR 1910.137; 29 CFR 1910.269; 29 CFR 
1926.97; 29 CFR 1926 subpart V

Legal Deadline: None

Abstract: Electrical hazards are a major cause of occupational death in 
the United States. The annual fatality rate for power line workers is 
about 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 nearly 30 
years old. OSHA is developing a revision of this standard that will 
prevent many of these fatalities, add flexibility to the standard, and 
update and streamline the standard. In addition, OSHA intends to amend 
the corresponding standard for general industry so that requirements 
for work performed during the maintenance of electric power 
transmission and distribution installations are the same as those for 
similar work in construction.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Initiate SBREFA Process         05/00/02
NPRM                            04/00/03

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: Undetermined

Agency Contact: Steven F. Witt, Acting Director, Directorate of Safety 
Standards Programs, Department of Labor, Occupational Safety and Health 
Administration, Room N3605, 200 Constitution Avenue, NW, FP Building, 
Washington, DC 20210
Phone: 202 693-2222
Fax: 202 693-1663

RIN: 1218-AB67
_______________________________________________________________________




1633. EMPLOYER PAYMENT FOR PERSONAL PROTECTIVE EQUIPMENT

Priority: Other Significant

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

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

Legal Deadline: None

Abstract: Generally, OSHA standards require that protective equipment 
(including personal protective equipment (PPE)) be provided and used 
when necessary to protect employees from hazards that can cause them 
injury, illness, or physical harm. In this discussion, OSHA uses the 
abbreviation ``PPE'' to cover both personal protective equipment and 
other protective equipment. The Agency has proposed to revise its PPE 
standards to clarify who is required to pay for required PPE and under 
what circumstances. OSHA continues to consider the issue and review the 
rulemaking docket.

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
Next Step to be determined      10/00/02

Regulatory Flexibility Analysis Required: No

Small Entities Affected: Businesses

Government Levels Affected: State, Local, Federal

Agency Contact: Steven F. Witt, Acting Director, Directorate of Safety 
Standards Programs, Department of Labor, Occupational Safety and Health 
Administration, Room N3605, 200 Constitution Avenue, NW, FP Building, 
Washington, DC 20210
Phone: 202 693-2222
Fax: 202 693-1663

RIN: 1218-AB77
_______________________________________________________________________




1634. 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. Since that time, new technologies and procedures 
have become available to protect employees from these hazards. The 
Agency has been working to update these rules to reflect current 
technology.

[[Page 33350]]

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
NPRM (Subparts D and I)         12/00/02

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: None

Agency Contact: Steven F. Witt, Acting Director, Directorate of Safety 
Standards Programs, Department of Labor, Occupational Safety and Health 
Administration, Room N3605, 200 Constitution Avenue, NW, FP Building, 
Washington, DC 20210
Phone: 202 693-2222
Fax: 202 693-1663

RIN: 1218-AB80
_______________________________________________________________________




1635. STANDARDS IMPROVEMENT (MISCELLANEOUS CHANGES) FOR GENERAL 
INDUSTRY, MARINE TERMINALS, AND CONSTRUCTION STANDARDS (PHASE II)

Priority: Other Significant

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; 29 CFR 1910, subpart Z

Legal Deadline: None

Abstract: The Occupational Safety and Health Administration (OSHA) 
proposes to remove or revise provisions in its health standards that 
are out of date, duplicative, unnecessary, or inconsistent. The Agency 
is proposing these changes to reduce the burden imposed on the 
regulated community by these requirements. 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). 
OSHA plans to initiate Phase III of this project at a future date to 
address problems in various safety standards.

Statement of Need: Some of OSHA's standards are out of date, 
duplicative, unnecessary, or inconsistent. The Agency needs to 
periodically review its standards and make needed corrections. This 
effort results in standards that are easier for employers and employees 
to follow and comply with, and thus enhances compliance and worker 
protection.

Summary of Legal Basis: The legal basis for the proposed rule is a 
preliminary finding that the OSHA standards need to be updated to bring 
them up to date, reduce inconsistency, and remove unneeded provisions.

Alternatives: OSHA has considered updating each standard as problems 
are discovered, but has determined that it is better to make such 
changes to groups of standards so it is easier for the public to 
comment on like standards. OSHA has also considered the inclusion of 
safety standards that need to be updated. However, the Agency has 
decided to pursue a separate rulemaking for safety issues because the 
standards to be updated are of interest to different stakeholders.

Anticipated Cost and Benefits: This revision of OSHA's standards is a 
deregulatory action. It will reduce employers' compliance obligations.

Risks: The project does not address specific risks, but is intended to 
improve OSHA's standards by bringing them up do date and deleting 
unneeded provisions. The anticipated changes will have no negative 
effects on worker safety and health.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            09/00/02

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

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

RIN: 1218-AB81
_______________________________________________________________________




1636. COMMERCIAL DIVING OPERATIONS: REVISION

Priority: Substantive, Nonsignificant

Legal Authority: 29 USC 655(b)

CFR Citation: 29 CFR 1910.423; 29 CFR 1910.426

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 notice of proposed rulemaking to amend the commercial diving 
operations standard to reflect the alternative specified in the 
permanent variance granted to Dixie Divers, Inc.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            10/00/02

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Steven F. Witt, Acting Director, Directorate of Safety 
Standards Programs, Department of Labor, Occupational Safety and Health 
Administration, Room N3605, 200 Constitution Avenue, NW, FP Building, 
Washington, DC 20210
Phone: 202 693-2222
Fax: 202 693-1663

RIN: 1218-AB97
_______________________________________________________________________




1637. CRANES, DERRICKS, HOISTS, ELEVATORS, AND CONVEYORS

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

Legal Authority: 29 USC 651(b); 29 USC 655(b); 40 USC 333

CFR Citation: 29 CFR 1926

Legal Deadline: None

[[Page 33351]]

Abstract: Subpart N addresses hazards associated with various types of 
hoisting equipment used at construction sites. Such equipment includes 
cranes, derricks, hoists, elevators and conveyors. The existing rule, 
which dates back to 1971, is based in part on industry consensus 
standards from 1958, 1968 and 1969. There have been considerable 
technological changes since those consensus standards were developed. 
Industry consensus standards for derricks and for crawler, truck and 
locomotive cranes were updated as recently as 1995. A number of 
industry stakeholders have asked OSHA to update Subpart N.
OSHA's Subpart N is now 30 years old, and is based in part on industry 
consensus standards as much as 42 years old. No changes have been made 
to the OSHA standard since 1971. Significant changes have occurred in 
the industry since the OSHA standard was promulgated.
A cross-section of the industry has stated that there is a need to 
update Subpart N. OSHA has determined that the existing rule needs to 
be revised.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Notice of Intent to Establish 
Negotiated Rulemaking Committee 05/00/02

Regulatory Flexibility Analysis Required: No

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-AC01
_______________________________________________________________________


Department of Labor (DOL)                              Final Rule Stage


Occupational Safety and Health Administration (OSHA)



_______________________________________________________________________




1638. 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. A 
proposal on access and egress was issued in November 1988 (53 FR 
48092). OSHA plans to withdraw this proposal.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            11/29/88                    53 FR 48130
NPRM Comment Period End         02/27/89
Withdrawal Notice               06/00/02

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: Undetermined

Agency Contact: Steven F. Witt, Acting Director, Directorate of Safety 
Standards Programs, Department of Labor, Occupational Safety and Health 
Administration, Room N3605, 200 Constitution Avenue, NW, FP Building, 
Washington, DC 20210
Phone: 202 693-2222
Fax: 202 693-1663

RIN: 1218-AA70
_______________________________________________________________________




1639. UPDATE AND REVISION OF THE EXIT ROUTES STANDARD

Priority: Other Significant

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: Many Occupational Safety and Health Administration (OSHA) 
standards were adopted under section 6(a) of the Occupational Safety 
and Health Act (OSH Act; 29 U.S.C. 655(a)). This section of the OSH Act 
authorized the Agency, in its first 2 years of existence, to adopt 
national consensus standards without prior notice and comment. The 
versions of the consensus standards OSHA adopted are now typically well 
over 30 years old and have been superseded by newer ones. In addition, 
many of these old standards were written in technical jargon and were 
hard for many employers and employees to understand.
To address these problems, OSHA is undertaking a consensus standards 
initiative to revise OSHA's exit routes (also known as means of egress) 
standard. The revisions will rewrite the standard in simple, easy-to-
understand language that will be easier for employers and employees to 
follow.

Statement of Need: The standard being revised in this initiative is one 
of OSHA's oldest and most difficult to understand. The Agency has 
identified the exit routes standard as a standard in need of revision 
because it is out of date and unnecessarily complex, and stakeholders 
have recommended that the standard be updated quickly. OSHA also 
believes that revising the standard will lead to better voluntary 
compliance and fewer disputes about violations. With OSHA's limited 
resources, any effort that can substantially increase opportunities for 
compliance without sacrificing employee safety and health protection 
will have long-term benefits.

Summary of Legal Basis: The legal basis for the final rule will be a 
finding that, by making these OSHA standards easier to understand and 
comply with, the Agency will increase compliance and reduce work-
related injuries and deaths.

[[Page 33352]]

Alternatives: The alternative considered - leaving the outdated 
standard on the books - has been rejected because doing so would not 
encourage compliance or enhance safety.

Anticipated Cost and Benefits: The final standard for exit routes will 
have no economic impacts because this revision will not increase 
employers' obligations or reduce employee protections.

Risks: Employees can be injured or killed if they are not able to exit 
an area safely when a fire or other emergency occurs.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            09/10/96                    61 FR 47712
Public Hearing                  04/29/97                     62 FR 9402
Final Rule                      09/00/02

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Agency Contact: Steven F. Witt, Acting Director, Directorate of Safety 
Standards Programs, Department of Labor, Occupational Safety and Health 
Administration, Room N3605, 200 Constitution Avenue, NW, FP Building, 
Washington, DC 20210
Phone: 202 693-2222
Fax: 202 693-1663

RIN: 1218-AB82
_______________________________________________________________________




1640. SIGNS, SIGNALS, AND BARRICADES

Priority: Other Significant

Legal Authority: 29 USC 651(b); 29 USC 655(b); 40 USC 333

CFR Citation: 29 CFR 1926

Legal Deadline: None

Abstract: Subpart G of 29 CFR part 1926 addresses the types of signs, 
signals and barricades that must be used in situations such as work 
areas on highways. OSHA's rule incorporates a 1971 ANSI standard, known 
as the MUTCD (Manual on Uniform Traffic Control Devices). Since the 
early 1970's, the U.S. Department of Transportation has drafted updates 
to the MUTCD. DOT requires all States to comply with its updates.
Several years ago, industry stakeholders asked OSHA to update its 
standard to reflect new technology and provide more flexibility for 
compliance.
OSHA has decided to use a Direct Final Rule to update its standard 
since it anticipates widespread support for and few objections to the 
change. The Agency's Advisory Committee on Construction Safety and 
Health endorsed using a Direct Final Rule to make this change in its 
Winter 2000 meeting.
With the current emphasis on rebuilding the Nation's highways and 
improving safety in work zone areas, OSHA's update is particularly 
appropriate.

Statement of Need: The safe and efficient flow of traffic through 
construction work zones is a major concern to transportation officials, 
the highway industry and the traveling public. Today the majority of 
highway funds are being used on system preservation-type projects 
(resurfacing, restoration, rehabilitation, and reconstruction) on the 
existing highway system; highway construction of this type is at an all 
time high and will continue for several years to come.

The fatality rate for highway construction workers is twice the rate 
for other types of construction trades (DOT FHWA Office of Program 
Quality Coordination, Sept. 1998).

Summary of Legal Basis: The legal basis for this direct final rule is a 
finding by the Secretary of Labor that the number of highway work zone 
injuries and fatalities is high and that the outdated OSHA standard may 
be contributing to this result.

Alternatives: The Directorate of Construction has formed a task group 
to formulate a plan for reducing the number of highway work zone 
fatalities. In order for this group to accomplish its mission the 
standards must reflect new technology and best practices. Other 
alternatives, such as compliance assistance and partnership programs, 
will not achieve these goals.

Anticipated Cost and Benefits: The overwhelming majority of public 
roads are currently covered by DOT regulations and their related State 
traffic control manuals. Moreover, private roads constitute the 
minority of total roads, and some local governments extend coverage to 
these roads. Accordingly, OSHA will be solely responsible for 
regulating only a fraction of all highway work. The costs of compliance 
for those solely regulated by OSHA will, therefore, be much lower than 
those estimated for compliance with DOT regulations. Because DOT has 
found no significant costs of compliance for revisions of the MUTCD 
over the years, the costs of compliance for OSHA's direct final rule 
likewise will not be significant under Executive Order 12866.

Risks: OSHA believes that the adoption of the direct final rule will 
have a direct impact on the safety of workers engaged in work zone 
activities, although the extent of this risk reduction has not been 
quantified at this point.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Direct Final Rule               05/00/02

Regulatory Flexibility Analysis Required: No

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-AB88
_______________________________________________________________________




1641. 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

[[Page 33353]]

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                            11/06/01                    66 FR 56043
NPRM Comment Period End and 
Request for Hearings            01/07/02
Final Rule                      06/00/02

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: State, Federal

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

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-AB91
_______________________________________________________________________




1642. REVISION AND UPDATE OF SUBPART S--ELECTRICAL STANDARDS

Priority: Other 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 revise and update its 29 CFR 1910 Subpart S-Electrical 
Standard. OSHA will rely heavily in that process on 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 at a future 
time permit the completion of standards covering safety-related 
maintenance requirements and safety requirements for special equipment. 
OSHA intends to complete this project in several stages. The first 
stage consists of changes OSHA believes to be noncontroversial, and the 
agency plans to publish it as a direct final rule.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Direct Final Rule               12/00/02

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: None

Agency Contact: Steven F. Witt, Acting Director, Directorate of Safety 
Standards Programs, Department of Labor, Occupational Safety and Health 
Administration, Room N3605, 200 Constitution Avenue, NW, FP Building, 
Washington, DC 20210
Phone: 202 693-2222
Fax: 202 693-1663

RIN: 1218-AB95
_______________________________________________________________________




1643. PROCEDURES FOR HANDLING OF DISCRIMINATION COMPLAINTS UNDER THE 
AVIATION INVESTMENT AND REFORM ACT

Priority: Substantive, Nonsignificant

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

CFR Citation: 29 CFR 1979

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 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:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              04/01/02                    67 FR 15453
Interim Final Rule Effective    04/01/02
Interim Final Rule Comment 
Period End                      05/31/02

Regulatory Flexibility Analysis Required: No

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
_______________________________________________________________________




1644.  OCCUPATIONAL INJURY AND ILLNESS RECORDING AND REPORTING 
REQUIREMENTS

Priority: Other Significant

Legal Authority: 29 USC 657; 29 USC 553

CFR Citation: 29 CFR 1904.10; 29 CFR 1904.12; 29 CFR 1904.29(b)(7)(vi)

Legal Deadline: None

Abstract: The Occupational Safety and Health Administration (OSHA) 
issued a final rule on Occupational Injury and Illness Recording and 
Reporting Requirements (66 FR 5916, January 19, 2001), scheduled to 
become effective on January 1, 2002. Following a careful review 
conducted pursuant to White House Chief of Staff Andrew Card's 
memorandum (66 FR 7702), the Agency has determined that all but two 
provisions of the final rule, regarding

[[Page 33354]]

the recording of occupational hearing loss and musculoskeletal 
disorders (MSDs), would take effect as scheduled (66 FR 35113, July 3, 
2001). The Agency issued a proposed rule on July 3, 2001, seeking 
comment on a delay of the two sections, and on the criteria that should 
be used for the recording of occupational hearing loss (RIN 1218-AC00). 
The record on this proposal closed on September 4, 2001. OSHA published 
a final rule delaying the effective dates for sections 1904.10, 1910.12 
and a note to 1904.29(b)(7)(vi) until January 1, 2003. The same final 
rule provided interim guidance on recording hearing loss and MSD cases 
during 2002 (66 FR 52031, October 12, 2001).
OSHA is continuing to reconsider these two provisions for recording 
occupational hearing loss based on the occurrence of a Standard 
Threshold Shift (STS) in hearing acuity (section 1904.10), defining 
``musculoskeletal disorders'' and checking the column on the OSHA 300 
Log identifying a recordable case as an MSD (section 1904.12). OSHA 
will issue a subsequent final rule to deal with these injury and 
illness recording issues for the years 2003 and beyond.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            07/03/01                    66 FR 35113
NPRM Comment Period End         09/04/01
Final Action Delaying Effective 
Dates                           10/12/01                    66 FR 52031
Final Action                    06/00/02

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: State

Agency Contact: Steven F. Witt, 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

RIN: 1218-AC06
_______________________________________________________________________


Department of Labor (DOL)                             Long-Term Actions


Occupational Safety and Health Administration (OSHA)



_______________________________________________________________________




1645. 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 with 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. Since that time, OSHA has developed 
nonmandatory guidelines to address training criteria for hazardous 
waste workers, and these have been widely adopted. In addition, the 
private sector has since established training accreditation procedures. 
At this time, the next action in this rulemaking is undetermined.

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

RIN: 1218-AB27
_______________________________________________________________________


Department of Labor (DOL)                             Completed Actions


Occupational Safety and Health Administration (OSHA)



_______________________________________________________________________




1646. SCAFFOLDS IN SHIPYARDS (PART 1915 -- SUBPART N)

Priority: Substantive, Nonsignificant

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. A proposal on scaffolds was issued in November 1988 (53 FR 
48092). OSHA plans to withdraw this proposal.

[[Page 33355]]

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
Withdrawal Notice               03/21/02                    67 FR 13117

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: Undetermined

Agency Contact: Steven F. Witt, Acting Director, Directorate of Safety 
Standards Programs, Department of Labor, Occupational Safety and Health 
Administration, Room N3605, 200 Constitution Avenue, NW, FP Building, 
Washington, DC 20210
Phone: 202 693-2222
Fax: 202 693-1663

RIN: 1218-AA68
_______________________________________________________________________




1647. INDOOR AIR QUALITY IN THE WORKPLACE

Priority: Economically Significant. Major under 5 USC 801.

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: The health of American workers may be affected by indoor air 
pollution in the workplace. After reviewing and analyzing available 
information, OSHA published a proposed indoor air quality 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. As proposed, 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 environmental tobacco smoke 
provisions would apply to all 6 million industrial and nonindustrial 
work environments under OSHA's jurisdiction.
On December 17, 2001, OSHA withdrew its Indoor Air Quality proposal and 
terminated the rulemaking proceeding (66 FR 64946). In the years since 
the proposal was issued in 1994 a great many state and local 
governments and private employers have taken action to curtail smoking 
in public areas and in workplaces. In addition, the portion of the 
proposal not related to environmental tobacco smoke (ETS) received 
little attention during the rulemaking proceedings and the record 
evidence supporting the non-ETS portion of the proposal is sparse. The 
Agency found that withdrawal of the proposal would allow it to devote 
its resources to other projects.

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
Withdrawn                       12/17/01                    66 FR 64946

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: State

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

Agency Contact: Steven F. Witt, 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
_______________________________________________________________________




1648.  ADVISORY COMMITTEES

Priority: Info./Admin./Other

Legal Authority: 29 USC 656; 29 USC 657; 5 USC 553

CFR Citation: 29 CFR 1912.3; 29 CFR 1912.10; 29 CFR 1912.11; 29 CFR 
1912a.3

Legal Deadline: None

Abstract: OSHA is amending its rules governing membership on advisory 
committees to clarify that the Secretary has the discretion to remove 
and replace an advisory committee member at any time. This is a rule of 
agency organization, practice, or procedure, and does not require 
notice and comment procedures (5 USC 553(b)).

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Final Action                    01/07/02                      67 FR 658
Final Action Effective          01/07/02

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: Federal

Agency Contact: Frank Frodyma, Acting Director, Directorate of Policy, 
Department of Labor, Occupational Safety and Health Administration, 
Room N3641, 200 Constitution Avenue NW, FPBuilding, Washington, DC 
20210
Phone: 202 693-2400
Email: [email protected]

RIN: 1218-AC04


[[Page 33356]]

_______________________________________________________________________


Department of Labor (DOL)                           Proposed Rule Stage


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



_______________________________________________________________________




1649. ANNUAL REPORT FOR FEDERAL CONTRACTORS (2002 REVISIONS)

Priority: Other Significant

Legal Authority: PL 106-419 Veterans Benefits and Health Care 
Improvement Act of 2000

CFR Citation: 41 CFR 61-250

Legal Deadline: None

Abstract: The Veterans' Employment and Training Service (VETS) is 
proposing to issue a notice of proposed rulemaking (NPRM) to implement 
changes required by the Veterans' Benefits and Health Care Improvement 
Act of 2000. The Act adds an additional category of veterans, 
``recently separated veterans,'' to the list of protected veterans 
under the Vietnam Era Veterans' Readjustment Assistance Act, as amended 
(VEVRAA). This proposal will assist VETS in meeting the statutory 
requirement of annually collecting the VETS-100 Report.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            09/00/02

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-AA08
_______________________________________________________________________


Department of Labor (DOL)                              Final Rule Stage


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



_______________________________________________________________________




1650. ANNUAL REPORT FROM 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 (VETS) issued a 
final rule implementing changes required by the Veterans' Employment 
Opportunities Act of 1998. The Act requires non-exempt Federal 
contractors and subcontractors with a contract in the amount of $25,000 
or more to report their efforts toward hiring and employment of 
qualified veterans. The Act adds an additional category of veterans, 
``other veterans who have served on active duty during a war or in a 
campaign or expedition for which a campaign badge has been 
authorized,'' to the list of protected veterans under the Vietnam Era 
Veterans' Readjustment Assistance Act, as amended (VEVRAA). The Act 
also adds the requirement that covered contractors and subcontractors 
report their minimum and maximum number of employees. This rule will 
assist VETS in meeting the statutory requirement of annually collecting 
the VETS-100 Report. After publication VETS learned that the final rule 
may inadvertently increase the recordkeeping burden on some 
contractors. Accordingly, an interim final rule was published 
permitting contractors flexibility in how they determine the maximum 
and minimum number of employees reported. A notice has been published 
to request comments on best practices to determine how to calculate the 
minimum and maximum number of employees reported. Guidance that takes 
the comments into consideration will then be published.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            10/05/00                    65 FR 59683
NPRM Comment Period End         12/06/00
Final Rule                      10/11/01                    66 FR 51997
Final Rule Effective            11/13/01
Interim Final Rule              12/19/01                    66 FR 65452
Notice                          03/08/02                    67 FR 10804
Notice Comment Period End       04/08/02

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. 02-7662 Filed 05-10-02; 8:45 am]
BILLING CODE 4510-23-S
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