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


[[Page 74749]]

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Part XII





Department of Labor





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Semiannual Regulatory Agenda

[[Page 74750]]



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

FOR FURTHER INFORMATION CONTACT: Barbara Bingham, Acting Director for 
the Office of Regulatory Economics, Office of the Assistant Secretary 
for Policy, U.S. Department of Labor, 200 Constitution Avenue NW., Room 
S-2312, Washington, DC 20210, (202) 693-5959.

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

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

     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.

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

     The 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.

     The next 12-month review list for the Department of Labor is 
provided below and public comment is invited on the listing. A 
brief description of each rule, the legal basis for the rule, and 
the agency contact are provided with each agenda item. Note that 
the items from the Occupational Safety and Health Administration 
were on last year's list.

Occupational Safety and Health Administration

    Occupational Exposure to Ethylene Oxide (RIN 1218-AB60)

    Grain Handling Facilities (RIN 1218-AB73)

    Excavations (RIN 1218-AC02)

    Presence Sense Device Initiation of Mechanical Power Presses 
(RIN 1218-AC03)

     The following 610 reviews were completed since last year. The 
reviews determined that none of these four regulations have a 
significant economic impact upon a substantial number of small 
entities within the meaning of Section 610(2) of the Regulatory 
Flexibility Act

Pension Welfare Benefit Administration

    Bonding Rules Under ERISA 21974 (RIN 1210-AA82)

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

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

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

     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
----------------------------------------------------------------------------------------------------------------
1773        Production or Disclosure of Information or Materials................................     1290-AA17
----------------------------------------------------------------------------------------------------------------


[[Page 74751]]


                            Employment Standards Administration--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
1774        Defining and Delimiting the Term ``Any Employee Employed in a Bona Fide Executive,       1215-AA14
            Administrative, or Professional Capacity'' (ESA/W-H) (Reg Plan Seq No. 82)..........
1775        Regulations To Implement the Federal Acquisition Streamlining Act of 1994...........     1215-AA96
1776        Affirmative Action and Nondiscrimination Obligations of Contractors and                  1215-AB24
            Subcontractors for Special Disabled Veterans and Veterans of the Vietnam Era........
1777        Stock Options, Stock Appreciation Rights, and Bona Fide Employee Stock Purchase          1215-AB31
            Programs Under the Fair Labor Standards Act.........................................
1778        Labor Organization Annual Financial Reports.........................................     1215-AB34
1779        Family and Medical Leave Act of 1993 (Reg Plan Seq No. 83)..........................     1215-AB35
----------------------------------------------------------------------------------------------------------------
References in boldface appear in the Regulatory Plan in part II of this issue of the Federal Register.


                              Employment Standards Administration--Final Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
1780        Child Labor Regulations, Orders, and Statements of Interpretation (ESA/W-H) (Reg         1215-AA09
            Plan Seq No. 84)....................................................................
1781        Labor Condition Applications and Requirements for Employers Using Nonimmigrants on H-    1215-AB09
            1B Visas in Specialty Occupations and as Fashion Models.............................
1782        Government Contractors: Nondiscrimination and Affirmative Action Obligations,            1215-AB28
            Executive Order 11246 (ESA/OFCCP) (Revised).........................................
1783        Claims for Compensation Under the Energy Employees Occupational Illness Compensation     1215-AB32
            Program Act of 2000, as Amended.....................................................
----------------------------------------------------------------------------------------------------------------
References in boldface appear in the Regulatory Plan in part II of this issue of the Federal Register.


                             Employment Standards Administration--Long-Term Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
1784        Implementation of the 1996 Amendments to the Fair Labor Standards Act...............     1215-AB13
1785        Obligation of Federal Contractors and Subcontractors, Notice of Employee Rights          1215-AB33
            Concerning Payment of Union Dues or Fees............................................
----------------------------------------------------------------------------------------------------------------


                           Employment and Training Administration--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
1786        Federal-State Unemployment Compensation (UC) Program; Confidentiality and Disclosure     1205-AB18
            of Information in State UC Records..................................................
1787        Senior Community Service Employment Program (Reg Plan Seq No. 85)...................     1205-AB28
1788        Trade Adjustment Assistance for Workers (Reg Plan Seq No. 86).......................     1205-AB32
----------------------------------------------------------------------------------------------------------------
References in boldface appear in the Regulatory Plan in part II of this issue of the Federal Register.


                            Employment and Training Administration--Final Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
1789        Labor Certification Process for the Permanent Employment of Aliens in the United         1205-AA66
            States (Reg Plan Seq No. 87)........................................................
1790        Indian and Native American Welfare-to-Work Program..................................     1205-AB16
1791        Disaster Unemployment Assistance Program Amendment..................................     1205-AB31
----------------------------------------------------------------------------------------------------------------
References in boldface appear in the Regulatory Plan in part II of this issue of the Federal Register.


[[Page 74752]]


                            Employment and Training Administration--Long-Term Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
1792        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
----------------------------------------------------------------------------------------------------------------
1793        Federal-State Unemployment Compensation Program; Unemployment Insurance Performance      1205-AB10
            System..............................................................................
1794        Labor Certification and Petition Process for the Temporary Employment of                 1205-AB24
            Nonimmigrant Aliens in Agriculture in the United States; Modification of Fee
            Structure...........................................................................
1795        Labor Certification and Petition Process for the Temporary Employment of                 1205-AB30
            Nonimmigrant Aliens in Agriculture in the U.S.: Delegation of Authority to
            Adjudication Petitions..............................................................
----------------------------------------------------------------------------------------------------------------


                        Pension and Welfare Benefits Administration--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
1796        Rulemaking Relating to Notice Requirements for Continuation of Health Care Coverage      1210-AA60
            (Reg Plan Seq No. 88)...............................................................
1797        Default Rollover Safe Harbor........................................................     1210-AA92
1798        Electronic Filing By Investment Advisers............................................     1210-AA94
1799        Suspension of Benefits Regulation...................................................     1210-AA96
----------------------------------------------------------------------------------------------------------------
References in boldface appear in the Regulatory Plan in part II of this issue of the Federal Register.


                          Pension and Welfare Benefits Administration--Final Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
1800        Definition of Collective Bargaining Agreement (ERISA Section 3(40)).................     1210-AA48
1801        Regulations Implementing the Health Care Access, Portability, and Renewability           1210-AA54
            Provisions of the Health Insurance Portability and Accountability Act of 1996 (Reg
            Plan Seq No. 89)....................................................................
1802        Mental Health Benefits Parity.......................................................     1210-AA62
1803        Health Care Standards for Mothers and Newborns......................................     1210-AA63
1804        Reporting Requirements for MEWAs Providing Medical Care Benefits....................     1210-AA64
1805        Rulemaking Relating to the Women's Health and Cancer Rights Act of 1998.............     1210-AA75
1806        Prohibiting Discrimination Against Participants and Beneficiaries Based on Health        1210-AA77
            Status (Reg Plan Seq No. 90)........................................................
1807        Blackout Notice Regulation (Reg Plan Seq No. 91)....................................     1210-AA90
1808        Blackout Notice Civil Penalty (Reg Plan Seq No. 92).................................     1210-AA91
1809        Amendment of Procedural Regulations Under ERISA.....................................     1210-AA93
1810        Civil Monetary Penalty Adjustment Regulation........................................     1210-AA95
----------------------------------------------------------------------------------------------------------------
References in boldface appear in the Regulatory Plan in part II of this issue of the Federal Register.


                         Pension and Welfare Benefits Administration--Long-Term Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
1811        Adequate Consideration..............................................................     1210-AA15
----------------------------------------------------------------------------------------------------------------


[[Page 74753]]


                         Pension and Welfare Benefits Administration--Completed Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
1812        Regulation Exempting Certain Broker-Dealers and Investment Advisers From Bonding         1210-AA80
            Requirements........................................................................
1813        Bonding Rules Under the Employee Retirement Income Security Act of 1974 (Completion      1210-AA82
            of a Section 610 Review)............................................................
1814        Requests for Enforcement Pursuant to Section 502(b)(2) (Completion of a Section 610      1210-AA83
            Review).............................................................................
1815        Civil Penalties Under ERISA Section 502(c)(2) (Completion of a Section 610 Review)..     1210-AA84
1816        Procedures for the Assessment of Civil Penalties Under ERISA Section 502(c)(2)           1210-AA85
            (Completion of a Section 610 Review)................................................
----------------------------------------------------------------------------------------------------------------


                              Mine Safety and Health Administration--Prerule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
1817        Diesel Particulate Matter Exposure of Underground Metal and Nonmetal Miners (Reg         1219-AB29
            Plan Seq No. 93)....................................................................
1818        Focused Inspections.................................................................     1219-AB30
----------------------------------------------------------------------------------------------------------------
References in boldface appear in the Regulatory Plan in part II of this issue of the Federal Register.


                           Mine Safety and Health Administration--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
1819        Belt Entry Use as Intake Aircourse To Ventilate Working Sections and Areas Where         1219-AA76
            Mechanized Mining Equipment Is Being Installed or Removed...........................
1820        Independent Laboratory Testing......................................................     1219-AA87
1821        Improving and Eliminating Regulations...............................................     1219-AA98
1822        Verification of Underground Coal Mine Operators' Dust Control Plans and Compliance       1219-AB14
            Sampling for Respirable Dust (Reg Plan Seq No. 94)..................................
1823        Determination of Concentration of Respirable Coal Mine Dust (Reg Plan Seq No. 95)...     1219-AB18
1824        Asbestos Exposure Limit (Reg Plan Seq No. 96).......................................     1219-AB24
----------------------------------------------------------------------------------------------------------------
References in boldface appear in the Regulatory Plan in part II of this issue of the Federal Register.


                             Mine Safety and Health Administration--Final Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
1825        Criteria and Procedures for Proposed Assessment of Civil Penalties..................     1219-AB32
----------------------------------------------------------------------------------------------------------------


                            Mine Safety and Health Administration--Completed Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
1826        Hazard Communication................................................................     1219-AA47
1827        Air Quality, Chemical Substances, and Respiratory Protection Standards..............     1219-AA48
1828        Requirements for Approval of Flame-Resistant Conveyor Belts.........................     1219-AA92
1829        Occupational Exposure to Coal Mine Dust (Lowering Concentration Limit)..............     1219-AB08
1830        Mine Rescue Teams...................................................................     1219-AB20
----------------------------------------------------------------------------------------------------------------


[[Page 74754]]


            Office of the Assistant Secretary for Administration and Management--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
1831        Nondiscrimination on the Basis of Age in Programs and Activities Receiving Federal       1291-AA21
            Financial Assistance From the Department of Labor...................................
----------------------------------------------------------------------------------------------------------------


              Office of the Assistant Secretary for Administration and Management--Final Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
1832        Audits of States, Local Governments, and Nonprofit Organizations....................     1291-AA26
1833        Audit Requirements for Grants, Contracts, and Other Agreements......................     1291-AA27
1834        Implementation of the Nondiscrimination and Equal Opportunity Requirements of the        1291-AA29
            Workforce Investment Act of 1998....................................................
1835        Effectuation of Title VI of the Civil Rights Act of 1964 and Implementation of           1291-AA31
            Section 504 of the Rehabilitation Act of 1973.......................................
1836        Governmentwide Debarment and Suspension (Nonprocurement) and Governmentwide              1291-AA33
            Requirements for Drug-Free Workplace (Grants) 29 CFR 98.............................
1837        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
----------------------------------------------------------------------------------------------------------------
1838        Grants and Agreements...............................................................     1291-AA30
----------------------------------------------------------------------------------------------------------------


                          Occupational Safety and Health Administration--Prerule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
1839        Confined Spaces in Construction (Part 1926): Preventing Suffocation/Explosions in        1218-AB47
            Confined Spaces.....................................................................
1840        Occupational Exposure to Ethylene Oxide (Section 610 Review)........................     1218-AB60
1841        Grain Handling Facilities (Section 610 Review)......................................     1218-AB73
1842        Occupational Exposure to Beryllium..................................................     1218-AB76
1843        Hearing Conservation Program for Construction Workers...............................     1218-AB89
1844        Presence Sensing Device Initiation of Mechanical Power Presses (Section 610 Review).     1218-AC03
----------------------------------------------------------------------------------------------------------------


                       Occupational Safety and Health Administration--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
1845        Assigned Protection Factors: Amendments to the Final Rule on Respiratory Protection      1218-AA05
            (Reg Plan Seq No. 97)...............................................................
1846        Longshoring and Marine Terminals (Parts 1917 and 1918) -- Reopening of the Record        1218-AA56
            (Vertical Tandem Lifts (VTLs))......................................................
1847        Occupational Exposure to Hexavalent Chromium (Preventing Occupational Illness:           1218-AB45
            Chromium)...........................................................................
1848        General Working Conditions for Shipyard Employment..................................     1218-AB50
1849        Fire Protection in Shipyard Employment (Part 1915, Subpart P) (Shipyards: Fire           1218-AB51
            Safety) (Reg Plan Seq No. 98).......................................................
1850        Electric Power Transmission and Distribution; Electrical Protective Equipment.......     1218-AB67
1851        Occupational Exposure to Crystalline Silica (Reg Plan Seq No. 99)...................     1218-AB70
1852        Walking Working Surfaces and Personal Fall Protection Systems (1910) (Slips, Trips,      1218-AB80
            and Fall Prevention)................................................................
1853        Standards Improvement (Miscellaneous Changes) for General Industry, Marine               1218-AB81
            Terminals, and Construction Standards (Phase II) (Reg Plan Seq No. 100).............
1854        Revision and Update of Subpart S--Electrical Standards..............................     1218-AB95
1855        Commercial Diving Operations: Revision..............................................     1218-AB97

[[Page 74755]]

 
1856        Controlled Negative Pressure Fit Testing Protocol: Amendment to the Final Rule on        1218-AC05
            Respiratory Protection..............................................................
----------------------------------------------------------------------------------------------------------------
References in boldface appear in the Regulatory Plan in part II of this issue of the Federal Register.


                         Occupational Safety and Health Administration--Final Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
1857        Update and Revision of the Exit Routes Standard (Reg Plan Seq No. 101)..............     1218-AB82
1858        Procedures for Handling of Discrimination Complaints Under the Aviation Investment       1218-AB99
            and Reform Act......................................................................
----------------------------------------------------------------------------------------------------------------
References in boldface appear in the Regulatory Plan in part II of this issue of the Federal Register.


                        Occupational Safety and Health Administration--Long-Term Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
1859        Glycol Ethers: 2-Methoxyethanol, 2-Ethoxyethanol, and Their Acetates: Protecting         1218-AA84
            Reproductive Health.................................................................
1860        Occupational Exposure to Tuberculosis...............................................     1218-AB46
1861        Employer Payment for Personal Protective Equipment..................................     1218-AB77
1862        Cranes and Derricks.................................................................     1218-AC01
1863        Excavations (Section 610 Review)....................................................     1218-AC02
1864        Occupational Injury and Illness Recording and Reporting Requirements................     1218-AC06
1865        Updating OSHA Standards Based on National Consensus Standard........................     1218-AC08
1866        Explosives..........................................................................     1218-AC09
----------------------------------------------------------------------------------------------------------------


                        Occupational Safety and Health Administration--Completed Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
1867        Access and Egress in Shipyards (Part 1915, Subpart E) (Shipyards: Emergency Exits        1218-AA70
            and Aisles).........................................................................
1868        Accreditation of Training Programs for Hazardous Waste Operations (Part 1910).......     1218-AB27
1869        Injury and Illness Prevention.......................................................     1218-AB41
1870        Fall Protection in the Construction Industry........................................     1218-AB62
1871        Signs, Signals, and Barricades......................................................     1218-AB88
1872        Changes to State Plans..............................................................     1218-AB91
----------------------------------------------------------------------------------------------------------------


           Office of the Assistant Secretary for Veterans' Employment & Training--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
1873        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
----------------------------------------------------------------------------------------------------------------
1874        Annual Report From Federal Contractors..............................................     1293-AA07
----------------------------------------------------------------------------------------------------------------


[[Page 74756]]

_______________________________________________________________________


Department of Labor (DOL)                           Proposed Rule Stage


Office of the Secretary (OS)



_______________________________________________________________________




1773. 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                            04/00/03

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Agency Contact: Miriam McD. Miller, 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)



_______________________________________________________________________




1774. DEFINING AND DELIMITING THE TERM ``ANY EMPLOYEE EMPLOYED IN A BONA 
FIDE EXECUTIVE, ADMINISTRATIVE, OR PROFESSIONAL CAPACITY'' (ESA/W-H)

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

RIN: 1215-AA14
_______________________________________________________________________




1775. 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                      08/05/96                    61 FR 40714
Second NPRM                     04/00/03

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
_______________________________________________________________________




1776. 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 101-237; PL 102-127; PL 
102-16; PL 102-484; PL 105-339; PL 93-508, amended; PL 94-502; PL 95-
520; PL 96-466; PL 97-306; PL 98-223

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                            06/00/03

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: None

Agency Contact: James I. Melvin, 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

[[Page 74757]]

Email: [email protected]

RIN: 1215-AB24
_______________________________________________________________________




1777. 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                            04/00/03

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
_______________________________________________________________________




1778. [bull] LABOR ORGANIZATION ANNUAL FINANCIAL REPORTS

Priority: Other Significant

Legal Authority: 29 USC 431; 29 USC 438; 5 USC 7120(d); 22 USC 4117(d)

CFR Citation: 29 CFR 402; 29 CFR 403; 29 CFR 458

Legal Deadline: None

Abstract: This regulation will revise Form LM-2, which is used by labor 
organizations with $200,000 or more in annual receipts to file the 
annual financial reports required under title II of the Labor-Managment 
Reporting and Disclosure Act of 1959 (LMRDA). The proposed revisions 
will improve the transparency and accountability of labor organizations 
to their members, increase the information available to labor 
organization members, and make data disclosed in such reports more 
understandable and accessible. Among other things, unions filing the 
revised Form LM-2 will be required to report electronically (unless 
granted an exemption), to identify ``major'' receipts and 
disbursements, to allocate disbursements among categories such as 
contract negotiation and administration, organizing, political 
activity, lobbying, etc., and to report receipts and disbursements of 
organizations that meet the statutory definition of a ``trust in which 
a labor organization is interested'' on a new Form T-1.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            11/00/02

Regulatory Flexibility Analysis Required: Yes

Small Entities Affected: Organizations

Government Levels Affected: None

Agency Contact: Don Todd, Deputy Asst. Secretary for Labor-Management 
Programs, Department of Labor, Employment Standards Administration, 
Room N5605, 200 Constitution Avenue NW., FP Building, Washington, DC 
20210
Phone: 202 693-0122
TDD Phone: 800 877-8339
Fax: 202 693-1340
Email: [email protected]

RIN: 1215-AB34
_______________________________________________________________________




1779. [bull] FAMILY AND MEDICAL LEAVE ACT OF 1993

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

RIN: 1215-AB35
_______________________________________________________________________


Department of Labor (DOL)                              Final Rule Stage


Employment Standards Administration (ESA)



_______________________________________________________________________




1780. CHILD LABOR REGULATIONS, ORDERS, AND STATEMENTS OF INTERPRETATION 
(ESA/W-H)

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

RIN: 1215-AA09
_______________________________________________________________________




1781. 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: 29 USC 49 et seq; 8 USC 1101(a)(15)(H)(i)(b); 8 USC 
1182(n); 8 USC 1184; 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

[[Page 74758]]

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 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).

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                    09/00/03

Regulatory Flexibility Analysis Required: No

Government Levels Affected: Federal

Additional Information: 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. The Wage and Hour Division has removed the H-1B final rule 
from the Regulatory Plan as a part of the ongoing review of 
nonimmigrant employment programs in the light of events of September 
11. The H-1B interim final rule currently in effect provides sufficient 
guidance to the regulated community until this reanalysis is completed. 
The H-1B final rule will remain on the Regulatory Agenda.

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
_______________________________________________________________________




1782. GOVERNMENT CONTRACTORS: NONDISCRIMINATION AND AFFIRMATIVE ACTION 
OBLIGATIONS, EXECUTIVE ORDER 11246 (ESA/OFCCP) (REVISED)

Priority: Substantive, Nonsignificant

Legal Authority: 29 USC 793; EO 11758; EO 11246, as amended; 38 USC 
4211; PL 94-502; EO 11758; PL 98-223; PL 102-16; PL 102-127; PL 95-520; 
PL 105-339; 29 USC 706; PL 97-306; PL 102-484; 38 USC 4212; PL 93-508, 
amended; PL 96-466; PL 101-237

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

Legal Deadline: None

Abstract: The final rule 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                      06/00/03

Regulatory Flexibility Analysis Required: Undetermined

Small Entities Affected: No

Government Levels Affected: Undetermined

Agency Contact: James I. Melvin, 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
_______________________________________________________________________




1783. 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.

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.

[[Page 74759]]

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                          09/24/01                    66 FR 47382
Final Action                    01/00/03

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Peter M. Turcic, 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)



_______________________________________________________________________




1784. IMPLEMENTATION OF THE 1996 AMENDMENTS TO THE FAIR LABOR STANDARDS 
ACT

Priority: Other Significant

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

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

Legal Deadline: None

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

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                             To Be                       Determined

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
_______________________________________________________________________




1785. 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 decision has been appealed.
This regulation, if promulgated, would 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, would also require that, 
where applicable, each Government contracting agency include certain 
provisions of the Order in its Government contracts, and that 
Government contractors and subcontractors include these provisions in 
their nonexempt subcontracts and purchase orders.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Procedural Rule         04/18/01                    66 FR 19988
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 Asst. Secretary for Labor-Management 
Programs, Department of Labor, Employment Standards Administration, 
Room N5605, 200 Constitution Avenue NW., FP Building, Washington, DC 
20210
Phone: 202 693-0122
TDD Phone: 800 877-8339
Fax: 202 693-1340
Email: [email protected]

RIN: 1215-AB33


[[Page 74760]]

_______________________________________________________________________


Department of Labor (DOL)                           Proposed Rule Stage


Employment and Training Administration (ETA)



_______________________________________________________________________




1786. FEDERAL-STATE UNEMPLOYMENT COMPENSATION (UC) PROGRAM; 
CONFIDENTIALITY AND DISCLOSURE OF INFORMATION IN STATE UC RECORDS

Priority: Other Significant

Legal Authority: 26 USC ch 23; 42 USC 1302 (a); 42 USC 1320b-7; 42 USC 
503; 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.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            05/00/03

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 earlier NPRM was 
published on 03/23/92 at 57 FR 10063 with comment period ending 05/22/
92.

Agency Contact: Gerard Hildebrand, Chief, Division of Legislation, 
Department of Labor, Employment and Training Administration, Room 
C4518, 200 Constitution Avenue NW., FB Building, Washington, DC 20210
Phone: 202 693-3038
Email: [email protected]

RIN: 1205-AB18
_______________________________________________________________________




1787. SENIOR COMMUNITY SERVICE EMPLOYMENT PROGRAM

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

RIN: 1205-AB28
_______________________________________________________________________




1788. [bull] TRADE ADJUSTMENT ASSISTANCE FOR WORKERS

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

RIN: 1205-AB32
_______________________________________________________________________


Department of Labor (DOL)                              Final Rule Stage


Employment and Training Administration (ETA)



_______________________________________________________________________




1789. LABOR CERTIFICATION PROCESS FOR THE PERMANENT EMPLOYMENT OF ALIENS 
IN THE UNITED STATES

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

RIN: 1205-AA66
_______________________________________________________________________




1790. 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.
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 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                          06/01/98
Final Action                    12/00/02

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
_______________________________________________________________________




1791. 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

[[Page 74761]]

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                      01/00/03

Regulatory Flexibility Analysis Required: No

Government Levels Affected: State, Federal

Agency Contact: Betty E. Castillo, 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)



_______________________________________________________________________




1792. ATTESTATIONS BY FACILITIES TEMPORARILY EMPLOYING H-1C NONIMMIGRANT 
ALIENS AS REGISTERED NURSES

Priority: Other Significant

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

CFR Citation: 20 CFR 655, subparts L and M

Legal Deadline: Final, Statutory, February 11, 2000.

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 Effective    09/21/00
Interim Final Rule Comment 
Period                          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, Wage and Hour Division, Department of 
Labor, Employment Standards Administration, Room S3510, 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)



_______________________________________________________________________




1793. FEDERAL-STATE UNEMPLOYMENT COMPENSATION PROGRAM; UNEMPLOYMENT 
INSURANCE PERFORMANCE SYSTEM

Priority: Other Significant

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

CFR Citation: 20 CFR 602; 20 CFR 609.6(f); 20 CFR 609.7(c); 20 CFR 
614.6(f); 20 CFR 614.7(c); 20 CFR 617.51(b); 20 CFR 640; 20 CFR 650

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
Withdrawn                       09/16/02

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: State

Federalism:  Undetermined

Agency Contact: Burman Skrable, Team Leader, Division of Performance 
Management, Department of Labor, Employment and Training 
Administration, Room S4522, 200 Constitution Avenue NW, FB Building, 
Washington, DC 20210
Phone: 202 693-3197
Email: [email protected]

RIN: 1205-AB10

[[Page 74762]]

_______________________________________________________________________




1794. 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: 29 USC 49 et seq; 8 USC 1101(a)(15)(h)(ii)(a); 8 USC 
1184; 8 USC 1188

CFR Citation: 8 CFR 655

Legal Deadline: None

Abstract: The Employment and Training Administration (ETA) of the U.S. 
Department of Labor (hereafter referred to as the Department or DOL)is 
withdrawing its proposed rule published at 65 FR 43545 (July 13, 2001), 
which would have required employers seeking to temporarily employ 
nonimmigrant agricultural workers (H-2A) to submit, at the time of 
filing, a new consolidated application form, fees for the labor 
certification, and the associated H-2A petition. Agricultural employers 
and workers and their representatives strongly opposed DOL's petition 
to consolidate into a proposed new Form 9079 the existing two forms 
(Form ETA 750 and Form I-129) used by DOL for the certification process 
and by the Immigration and Naturalization Service for the H-2A visa 
petition process.
Based upon the Department's review of the rulemaking record as a whole, 
the Department has decided to withdraw the proposed rule and terminate 
the rulemaking action.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            07/13/00                    65 FR 43545
NPRM                            09/18/00                    65 FR 50170
NPRM                            09/27/01                    66 FR 49328
Withdrawn                       09/24/02

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Dale Ziegler, 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
_______________________________________________________________________




1795. LABOR CERTIFICATION AND PETITION PROCESS FOR THE TEMPORARY 
EMPLOYMENT OF NONIMMIGRANT ALIENS IN AGRICULTURE IN THE U.S.: DELEGATION 
OF AUTHORITY TO ADJUDICATION PETITIONS

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

Unfunded Mandates: Undetermined

Legal Authority: 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); 8 USC 1101(a)(15)(H)(ii)(a); 8 USC 
1184; 8 USC 1188; 29 USC 49 et seq; 8 CFR 103.1

CFR Citation: 20 CFR 655, subpart B

Legal Deadline: None

Abstract: The Department of Labor (DOL or Department) is withdrawing 
the final rule published at 65 FR 45358 (July 13, 2000) pertaining to 
the delegation of authority from the Immigration and Naturalization 
Service (INS) to DOL to adjudicate petitions for the temporary 
employment of nonimmigrant aliens in agriculture in the United States.
Commenters raised a number of issues, and consequently, the Department 
at 66 FR 49275 (September 27, 2001) again reopened and extended the 
comment period on the July 13, 2000 NPRM. The Department also held two 
informal briefings on November 8, 2001 and November 16, 2001, (see 66 
FR 49329, September 27, 2001) to give agricultural employers and 
workers, their representatives and other interested parties an 
opportunity to communicate their views directly to the Department 
regarding the proposal to delegate authority from INS to DOL to 
adjudicate petitions for the temporary employment of nonimmigrant 
aliens in the proposed transfer of authority between the two agencies. 
DOL reviewed the concerns of the agricultural employers and workers, 
and determined that the concerns expressed by both groups have merit. 
The Department has concluded that it is in the best interest of 
agricultural employers and workers to withdraw the final rule from the 
CFR.
Concurrently, the INS is also withdrawing its final rule at 65 FR 43528 
(July 13, 2000) which would have transferred authority from INS to the 
Department to adjudicate petitions for the temporary employment of 
nonimmigrant workers and the authority to make determinations for 
revocation of petition approvals.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              09/27/01                    66 FR 49275
Interim Final Rule Comment 
Period End                      10/29/01
Withdrawn                       09/24/02
Interim Final Rule Effective    09/27/02

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Dale Ziegler, 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


[[Page 74763]]

_______________________________________________________________________


Department of Labor (DOL)                           Proposed Rule Stage


Pension and Welfare Benefits Administration (PWBA)



_______________________________________________________________________




1796. RULEMAKING RELATING TO NOTICE REQUIREMENTS FOR CONTINUATION OF 
HEALTH CARE COVERAGE

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

RIN: 1210-AA60
_______________________________________________________________________




1797. [bull] DEFAULT ROLLOVER SAFE HARBOR

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

Unfunded Mandates: Undetermined

Legal Authority: 29 USC 1104(c); 29 USC 1105; PL 107-16, sec 657

CFR Citation: 29 CFR 2550

Legal Deadline: Final, Statutory, June 7, 2004, Deadline prescribed by 
Sec. 657(c)(2)(A) of the Economic Growth and Tax Reconciliation Act of 
2001 (Pub. L. 107-16).

Abstract: This regulation would provide safe harbors under which the 
designation of an institution and investment of funds is deemed to 
satisfy the fiduciary requirements of sec. 404(a) of ERISA. The 
Department intends to issue a request for information in order to 
obtain additional information from the public to assist it in 
developing the required safe harbors.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Request for Information         12/00/02

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: Undetermined

Agency Contact: Louis J. Campagna, Supervisory Pension Law Specialist, 
Department of Labor, Pension and Welfare Benefits Administration, Room 
N5669, 200 Constitution Avenue, NW, FP Building, Washington, DC 20210
Phone: 202 693-8500

RIN: 1210-AA92
_______________________________________________________________________




1798. [bull] ELECTRONIC FILING BY INVESTMENT ADVISERS

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

Unfunded Mandates: Undetermined

Legal Authority: 29 USC 1135; 29 USC 1002(38); 29 USC 1002 note

CFR Citation: 29 CFR 2510.3-38

Legal Deadline: None

Abstract: Upon adoption, this proposed regulation will clarify that an 
electronic filing with the Investment Advisers Registration Depository 
(IARD), a centralized electronic filing system established by the 
Securities and Exchange Commission in conjunction with the NASD and 
State securities authorities, will satisfy the filing requirement for 
investment advisers seeking investment manager status under 
section3(38) of ERISA.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            02/00/03

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: Undetermined

Agency Contact: Rudy Nuissl, Senior Pension Law Specialist, Department 
of Labor, Pension and Welfare Benefits Administration, N5669, 200 
Constitution Avenue NW, FP Building, Washington, DC 20210
Phone: 202 693-8500

RIN: 1210-AA94
_______________________________________________________________________




1799. [bull] SUSPENSION OF BENEFITS REGULATION

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

Unfunded Mandates: Undetermined

Legal Authority: 29 USC 1053(2)(3)(B); 29 USC 1135

CFR Citation: 29 CFR 2530.203-3

Legal Deadline: None

Abstract: This regulation would amend the requirements of 29 CFR 
2530.203-3(b)(4) relating to notification of suspension of benefit 
payments.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            08/00/03

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: Undetermined

Federalism:  Undetermined

Agency Contact: Susan G. Lahne, 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-AA96
_______________________________________________________________________


Department of Labor (DOL)                              Final Rule Stage


Pension and Welfare Benefits Administration (PWBA)



_______________________________________________________________________




1800. DEFINITION OF COLLECTIVE BARGAINING AGREEMENT (ERISA SECTION 
3(40))

Priority: Other Significant

Legal Authority: 29 USC 1002(40); 29 USC 1135

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

[[Page 74764]]

to individuals not covered by such agreements.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            08/01/95                    60 FR 39208
NPRM Comment Period Extended to 09/29/95                    60 FR 50508
Notice Establishing Negotiated  09/22/98                    63 FR 50542
Second NPRM                     10/27/00                    65 FR 64498
Second NPRM Comment Period End  12/26/00
Final Action                    02/00/03

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, 
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
_______________________________________________________________________




1801. REGULATIONS IMPLEMENTING THE HEALTH CARE ACCESS, PORTABILITY, AND 
RENEWABILITY PROVISIONS OF THE HEALTH INSURANCE PORTABILITY AND 
ACCOUNTABILITY ACT OF 1996

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

RIN: 1210-AA54
_______________________________________________________________________




1802. 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; 29 USC 1194; PL 104-204, 110 
Stat. 2944

CFR Citation: 29 CFR 2590

Legal Deadline: None

Abstract: The Mental Health Parity Act of 1996 (MHPA) was enacted on 
September 26, 1996 (Pub. L. 104-204). MHPA amended the Public Health 
Service Act (PHS Act) and the Employee Retirement Income Security Act 
of 1974 (ERISA), as amended, to provide for parity in the application 
of certain mental health benefits with limits on medical and surgical 
benefits. These changes were subsequently added to the Internal Revenue 
Code (the Code). MHPA provisions are set forth in chapter 100 of 
subtitle K of the Code, title XXVII of the PHS Act, 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 extends MHPA's original 
sunset date under ERISA, the Code, and the PHS Act, so that MHPA's 
provisions will not apply to benefits for services furnished on or 
after December 31, 2002. On March 9, 2002, President Bush signed H.R. 
3090, the Job Creation and Worker Assistance Act of 2002 (Pub. L. 107-
147, 116 Stat. 21), that included an amendment to section 9812 of the 
Code (the mental health parity provisions). This legislation further 
extends MHPA's original sunset date under the Code to December 31, 
2003. As a result of the statutory amendments to MHPA, and to assist 
employers, plan sponsors, health insurance issuers, and workers, the 
Department of Labor developed a amendment of the interim final 
regulations, in consultation with the Departments of the Treasury and 
Health and Human Services, conforming the regulatory sunset date to the 
new statutory sunset date under ERISA.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              12/22/97                    62 FR 66932
Interim Final Amendment         09/27/02                    67 FR 60859
Interim Final Amendment 
Effective                       12/31/02

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Additional Information: LEGAL AUTHORITIES CONT: Secs. 107, 209, 505, 
701-703, 711, 712

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
_______________________________________________________________________




1803. 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; 29 USC 1059; 29 USC 1135; 29 USC 1185; 29 
USC 1191 to 1191c

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                    07/00/03

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 N5677, 200 
Constitution Avenue NW, FP Building, Washington, DC 20210
Phone: 202 693-8335

RIN: 1210-AA63
_______________________________________________________________________




1804. REPORTING REQUIREMENTS FOR MEWAS PROVIDING MEDICAL CARE BENEFITS

Priority: Substantive, Nonsignificant

Legal Authority: 29 USC 1021(g); 29 USC 1135; 29 USC 1191c

CFR Citation: 29 CFR 2520

Legal Deadline: None

Abstract: These interim final rules govern certain reporting 
requirements

[[Page 74765]]

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                    01/00/03

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 N5677, 200 
Constitution Avenue NW, FP Building, Washington, DC 20210
Phone: 202 693-8335

RIN: 1210-AA64
_______________________________________________________________________




1805. 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 1135; 29 USC 1185; 29 USC 1191c

CFR Citation: Not Yet Determined

Legal Deadline: None

Abstract: The Women's Health and Cancer Rights Act of 1998 (WHCRA) was 
enacted on October 21, 1998 (P.L. 105-277). WHCRA amended the Employee 
Retirement Income Security Act of 1974 (ERISA) and the Public Health 
Service Act (PHS Act) to provide protection for patients who elect 
breast reconstruction in connection with a mastectomy. The WHCRA 
provisions are set forth in part 7 of subtitle B of title I of ERISA 
and in title XXVII of the PHS Act. These interim rules will provide 
guidance with respect to the WHCRA provisions.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Request for Information (RFI)   05/28/99                    64 FR 29186
RFI Comment Period End          06/28/99
Interim Final Rule              07/00/03

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

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

RIN: 1210-AA75
_______________________________________________________________________




1806. PROHIBITING DISCRIMINATION AGAINST PARTICIPANTS AND BENEFICIARIES 
BASED ON HEALTH STATUS

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

RIN: 1210-AA77
_______________________________________________________________________




1807. [bull] BLACKOUT NOTICE REGULATION

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

RIN: 1210-AA90
_______________________________________________________________________




1808. [bull] BLACKOUT NOTICE CIVIL PENALTY

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

RIN: 1210-AA91
_______________________________________________________________________




1809. [bull] AMENDMENT OF PROCEDURAL REGULATIONS UNDER ERISA

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

Unfunded Mandates: Undetermined

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

CFR Citation: 29 CFR 2570

Legal Deadline: None

Abstract: This rulemaking would amend 29 CFR part 2570 to clarify the 
time at which a notice of intent to assess a civil penalty, where there 
is a failure to file a statement of reasonable cause, constitutes a 
final order of the Secretary.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              10/21/02                    67 FR 64774
Interim Final Rule Comment 
Period End                      11/20/02
Interim Final Rule Effective    01/26/03

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: None

Agency Contact: Jeffrey Turner, 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-AA93
_______________________________________________________________________




1810. [bull] CIVIL MONETARY PENALTY ADJUSTMENT REGULATION

Priority: Info./Admin./Other

Legal Authority: 29 USC 1135; 29 USC 2461 note

CFR Citation: Not Yet Determined

Legal Deadline: Final, Statutory, July 29, 2001, PL 104-134 sec 3720C.

Abstract: The Federal Civil Monetary Penalty Inflation Adjustment Act 
of 1990, as amended by the Debt Collection Improvement Act of 1996, 
requires Federal agencies to adjust civil monetary penalties for 
inflation at least once every four years. This rulemaking will satisfy 
that requirement with respect to the civil monetary penalties under 
title I of ERISA.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Final Rule                      12/00/02

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: None

Agency Contact: Rudy F. Nuissl, Senior Pension Law Specialist,

[[Page 74766]]

Department of Labor, Pension and Welfare Benefits Administration, 200 
Constitution Avenue NW, Rm N5669, FP Building, Washington, DC 20011
Phone: 202 693-8500

RIN: 1210-AA95
_______________________________________________________________________


Department of Labor (DOL)                             Long-Term Actions


Pension and Welfare Benefits Administration (PWBA)



_______________________________________________________________________




1811. 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 republish for public comment a 
proposed regulation originally published in 1988. The proposal sets 
standards for determining ``adequate consideration'' under section 
3(18) of ERISA for assets other than securities for which there is a 
generally recognized market. The proposal is being republished to 
obtain, through public comment, updated information to assist the 
Department in determining whether, and what, guidance concerning the 
definition of ``adequate consideration'' would be helpful to plan 
participants, sponsors, fiduciaries, and other professionals providing 
services to employee benefit plans.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

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


Next Action Undetermined

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: None

Agency Contact: Morton Klevan, Department of Labor, Pension and Welfare 
Benefits Administration, N5669, 200 Constitution Avenue NW, FP 
Building, Washington, DC 20210
Phone: 202 693-8500

RIN: 1210-AA15
_______________________________________________________________________


Department of Labor (DOL)                             Completed Actions


Pension and Welfare Benefits Administration (PWBA)



_______________________________________________________________________




1812. 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 1112; 29 USC 1135

CFR Citation: 29 CFR 2580

Legal Deadline: None

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

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Withdrawn                       09/12/02

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: None

Additional Information: No further action is contemplated by the Agency 
on this item at this time.

Agency Contact: Jeffrey Turner, 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-AA80
_______________________________________________________________________




1813. BONDING RULES UNDER THE EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 
1974 (COMPLETION OF A SECTION 610 REVIEW)

Priority: Info./Admin./Other

Legal Authority: 29 USC 1112; 29 USC 1135

CFR Citation: 29 CFR 2580

Legal Deadline: None

Abstract: PWBA has determined that the bonding regulations under 
section 412 of ERISA (29 CFR part 2580) do not have a significant 
economic impact upon a substantial number of small entities within the 
meaning of section 610(2) of the Regulatory Flexibility Act (RFA). 
Accordingly a substantive review thereof is not required by section 
610(6) of the RFA.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Begin Review                    12/01/00
End Review                      08/15/02

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Rudy Nuissl, Senior Pension Law Specialist, Department 
of Labor, Pension and Welfare Benefits Administration, N5669, 200 
Constitution Avenue NW, FP Building, Washington, DC 20210
Phone: 202 693-8500

RIN: 1210-AA82
_______________________________________________________________________




1814. REQUESTS FOR ENFORCEMENT PURSUANT TO SECTION 502(B)(2) (COMPLETION 
OF A SECTION 610 REVIEW)

Priority: Info./Admin./Other

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

CFR Citation: 29 CFR 2560.502-1

Legal Deadline: None

Abstract: PWBA has determined that the regulations under section 
502(b)(1) of ERISA (formerly ERISA section 502(b)(2)) do not have a 
significant economic impact upon a substantial number of small entities 
within the meaning of section 610(2) of the Regulatory Flexibility Act 
(RFA). Accordingly, a substantive review

[[Page 74767]]

thereof is not required of section 610(b) of the RFA.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Begin Review                    12/01/00
End Review                      08/15/02

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Rudy Nuissl, Senior Pension Law Specialist, Department 
of Labor, Pension and Welfare Benefits Administration, N5669, 200 
Constitution Avenue NW, FP Building, Washington, DC 20210
Phone: 202 693-8500

RIN: 1210-AA83
_______________________________________________________________________




1815. CIVIL PENALTIES UNDER ERISA SECTION 502(C)(2) (COMPLETION OF A 
SECTION 610 REVIEW)

Priority: Other Significant

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

CFR Citation: 29 CFR 2560.502(c)(2)

Legal Deadline: None

Abstract: PWBA has determined that the regulations under section 
502(c)(2) of ERISA (29 CFR 2560(c)(2)) do not have a significant 
economic impact upon a substantial number of small entities within the 
meaning of section 610(2) of the Regulatory Flexibility Act (RFA). 
Accordingly, a substantive review thereof is not required by section 
610(b) of the RFA.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Begin Review                    12/01/00
End Review                      08/15/02

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Rudy Nuissl, Senior Pension Law Specialist, Department 
of Labor, Pension and Welfare Benefits Administration, N5669, 200 
Constitution Avenue NW, FP Building, Washington, DC 20210
Phone: 202 693-8500

RIN: 1210-AA84
_______________________________________________________________________




1816. PROCEDURES FOR THE ASSESSMENT OF CIVIL PENALTIES UNDER ERISA 
SECTION 502(C)(2) (COMPLETION OF A SECTION 610 REVIEW)

Priority: Info./Admin./Other

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

CFR Citation: 29 CFR 2570.60 et seq

Legal Deadline: None

Abstract: PWBA has determined that the regulation relating to the 
procedures for the assessment of civil penalties under section 
502(c)(2) of ERISA do not have a significant economic impact upon a 
substantial number of small entities within the meaning of section 
610(2) of the Regulatory Flexibility Act(RFA). Accordingly, a 
substantive review thereof is not required by section 610(b)of the RFA.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Begin Review                    12/01/00
End Review                      08/15/02

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Rudy Nuissl, Senior Pension Law Specialist, Department 
of Labor, Pension and Welfare Benefits Administration, N5669, 200 
Constitution Avenue NW, FP Building, Washington, DC 20210
Phone: 202 693-8500

RIN: 1210-AA85

_______________________________________________________________________


Department of Labor (DOL)                                 Prerule Stage


Mine Safety and Health Administration (MSHA)



_______________________________________________________________________




1817. [bull] DIESEL PARTICULATE MATTER EXPOSURE OF UNDERGROUND METAL AND 
NONMETAL MINERS

 Regulatory Plan: This entry is Seq. No. 93 in part II of this issue of 
the Federal Register.

RIN: 1219-AB29
_______________________________________________________________________




1818. [bull] FOCUSED INSPECTIONS

Priority: Substantive, Nonsignificant

Legal Authority: 30 USC 957

CFR Citation: 30 CFR 4

Legal Deadline: None

Abstract: Compliance history and safety and health performance are 
factors that provide an objective means for focusing MSHA resources. 
MSHA seeks comment on how best to maximize the effectiveness of 
resources and to further develop inspection procedures based upon 
experience. MSHA will evaluate current guidelines and practices for 
conducting inspections and determine how to best balance the 
complimentary objectives of protecting miners while focusing inspection 
resources on the greatest safety and health needs within each mine.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           06/00/03

Regulatory Flexibility Analysis Required: Yes

Small Entities Affected: Businesses

Government Levels Affected: None

Federalism:  Undetermined

Agency Contact: Marvin W. Nichols, Jr., Director, Office of Standards, 
Department of Labor, Mine Safety and Health Administration, Room 2352, 
1100 Wilson Boulevard, Arlington, VA 22209-3939
Phone: 202 693-9457
Fax: 202 693-9441
Email: [email protected]

RIN: 1219-AB30

[[Page 74768]]

_______________________________________________________________________


Department of Labor (DOL)                           Proposed Rule Stage


Mine Safety and Health Administration (MSHA)



_______________________________________________________________________




1819. BELT ENTRY USE AS INTAKE AIRCOURSE TO VENTILATE WORKING SECTIONS 
AND AREAS WHERE MECHANIZED MINING EQUIPMENT IS BEING INSTALLED OR 
REMOVED

Priority: Other Significant

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

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

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 to ventilate active working places. 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 working sections in mines, provided certain precautions 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 alert and alarms; manipulating and 
cataloging atmospheric data; and providing reports.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            01/00/03

Regulatory Flexibility Analysis Required: Yes

Small Entities Affected: Businesses

Government Levels Affected: None

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 
included a provision 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 2352, 
1100 Wilson Boulevard, Arlington, VA 22209
Phone: 202 693-9457
Fax: 202 693-9441
Email: [email protected]

RIN: 1219-AA76
_______________________________________________________________________




1820. INDEPENDENT LABORATORY TESTING

Priority: Substantive, Nonsignificant

Legal Authority: 30 USC 957

CFR Citation: 30 CFR 6; 30 CFR 7; 30 CFR 18; 30 CFR 19; 30 CFR 20; 30 
CFR 22; 30 CFR 27; 30 CFR 33; 30 CFR 36; 30 CFR 35; 30 CFR 23

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 reproposing the rule based on comments received on 
the 1994 proposal.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            11/30/94                    59 FR 61376
NPRM                            02/13/95                     60 FR 8209
Public Hearing Notice           10/10/95                    60 FR 52640
Notice to Reschedule Public 
Hearing                         02/09/96                    61 FR 15743
Comment Period End              05/31/96
Second NPRM                     10/17/02                    67 FR 64196
Second NPRM Comment Period End  12/31/02
Final Rule                      09/00/03

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 2352, 
1100 Wilson Boulevard, Arlington, VA 22209
Phone: 202 693-9457
Fax: 202 693-9441
Email: [email protected]

RIN: 1219-AA87
_______________________________________________________________________




1821. 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. We are 
considering the following issues for direct final and/or proposed 
rulemaking: updating the 1985 SAE seat belt standard to the current 
1997 standard; providing alternatives for containers which are used to 
store flammable liquids; addressing compliance burdens for small mines; 
reducing paperwork approval burden for sanitary toilet

[[Page 74769]]

facilities; and allowing the use of spring-loaded locking devices on 
battery-powered machines, rather than padlocks.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM: Phase 5 Miscellaneous 
Technology Improvements (Methane 
Testing)                        09/26/02                    67 FR 60611
NPRM: Phase 5 Miscellaneous 
Technology Improvements (Methane 
Testing) Comment Period End     11/25/02
NPRM: Phase 7-Storage Containers09/00/03
NPRM: Phase 9-Sanitary Toilet 
Facilities                      09/00/03
NPRM: Phase 8-Small Mine 
Compliance                      09/00/03
Direct Final Rule: Phase 6-Seat 
Belts                           09/00/03
Direct Final Rule: Phase 10-
Spring -loaded locks            09/00/03
Direct Final Rule: Phase 9-
Sanitary Toilet Facilities      09/00/03
Direct Final Rule: Phase 8-Small 
Mine Compliance                 09/00/03
Direct Final Rule: Phase 7-
Storage Containers              09/00/03
Final Action: Phase 5           09/00/03

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 2352, 
1100 Wilson Boulevard, Arlington, VA 22209
Phone: 202 693-9457
Fax: 202 693-9441
Email: [email protected]

RIN: 1219-AA98
_______________________________________________________________________




1822. VERIFICATION OF UNDERGROUND COAL MINE OPERATORS' DUST CONTROL 
PLANS AND COMPLIANCE SAMPLING FOR RESPIRABLE DUST

 Regulatory Plan: This entry is Seq. No. 94 in part II of this issue of 
the Federal Register.

RIN: 1219-AB14
_______________________________________________________________________




1823. DETERMINATION OF CONCENTRATION OF RESPIRABLE COAL MINE DUST

 Regulatory Plan: This entry is Seq. No. 95 in part II of this issue of 
the Federal Register.

RIN: 1219-AB18
_______________________________________________________________________




1824. ASBESTOS EXPOSURE LIMIT

 Regulatory Plan: This entry is Seq. No. 96 in part II of this issue of 
the Federal Register.

RIN: 1219-AB24
_______________________________________________________________________


Department of Labor (DOL)                              Final Rule Stage


Mine Safety and Health Administration (MSHA)



_______________________________________________________________________




1825. [bull] CRITERIA AND PROCEDURES FOR PROPOSED ASSESSMENT OF CIVIL 
PENALTIES

Priority: Info./Admin./Other

Legal Authority: 30 USC 957; PL 104-134 Debt Collection Improvement Act 
of 1996.

CFR Citation: 30 CFR 100

Legal Deadline: None

Abstract: This rule would revise the Mine Safety and Health 
Administration's (MSHA) statutory penalties found in sections 110(a), 
110(b), 110(c), and 110(g) of the Mine Act and the specific penalty 
amounts established in 30 CFR part 100 as mandated by the Debt 
Collection Improvement Act of 1996 (DCIA). The DCIA required that civil 
penalties be increased by up to 10 percent within 6 months of its 
enactment. This was accomplished by a final rule published in the 
Federal Register, 63 FR 20032, April 22, 1998. It also required 
subsequent increases at least once every 4 years using a formula based 
on the Consumer Price Index. MSHA is issuing a final rule to satisfy 
that requirement.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Final Action                    09/00/03

Regulatory Flexibility Analysis Required: No

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 2352, 
1100 Wilson Boulevard, Arlington, VA 22209-3939
Phone: 202 693-9457
Fax: 202 693-9441
Email: [email protected]

Related RIN: Related To 1219-AB03
RIN: 1219-AB32
_______________________________________________________________________


Department of Labor (DOL)                             Completed Actions


Mine Safety and Health Administration (MSHA)



_______________________________________________________________________




1826. HAZARD COMMUNICATION

Priority: Other Significant

Legal Authority: 30 USC 811; 30 USC 825

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 June 21, 2002, MSHA published a final Hazard Communication (HazCom)

[[Page 74770]]

rule and withdrew the interim final rule.
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.

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         02/01/91
Notice of Public Hearing        09/25/91                    56 FR 48720
Close of Record                 09/25/91                    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                          11/17/00
Public Hearing and Extension of 
Comment Period                  12/11/00                    65 FR 77292
Delay Effective Date of Interim 
Final Rule                      08/28/01                    66 FR 45167
Interim Final Rule Comment 
Period End                      10/17/01
Final Rule                      06/21/02                    67 FR 42314
Interim Final Rule Effective    06/30/02
Final Rule Effective            09/23/02
Final Rule Applicable to Small 
Entities                        03/21/03                    67 FR 42314

Regulatory Flexibility Analysis Required: Yes

Small Entities Affected: Businesses

Government Levels Affected: State, Local, Tribal, Federal

Additional Information: TIMETABLE CONT: The effective date for mines 
employing 6 or more miners is 9/23/02 and for mines employing 5 or more 
miners the effective date is 3/21/03.

Agency Contact: Marvin W. Nichols Jr., Director, Office of Standards, 
Department of Labor, Mine Safety and Health Administration, Room 2352, 
1100 Wilson Boulevard, Arlington, VA 22209
Phone: 202 693-9457
Fax: 202 693-9441
Email: [email protected]

RIN: 1219-AA47
_______________________________________________________________________




1827. 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. Examples of these include lead, 
cyanide, arsenic benzene, asbestos and other well documented hazards. 
MSHA plans to withdraw this item as a result of changes in agency 
priorities and the possible adverse effects of unfavorable case law on 
the proposed rule.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Notice of Availability          07/06/83                    48 FR 31171
ANPRM                           11/19/85                    50 FR 47702
NPRM                            08/29/89                    54 FR 35760
NPRM                            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               09/26/02                    67 FR 60611

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 2352, 
1100 Wilson Boulevard, Arlington, VA 22209
Phone: 202 693-9457
Fax: 202 693-9441
Email: [email protected]

RIN: 1219-AA48
_______________________________________________________________________




1828. REQUIREMENTS FOR APPROVAL OF FLAME-RESISTANT CONVEYOR BELTS

Priority: Substantive, Nonsignificant

Legal Authority: 30 USC 811; 30 USC 957

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 have 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 have require purchase of the 
improved belts after one year. MSHA has withdrawn this item.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            12/24/92                    57 FR 61524
Extension of Comment Period to  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  12/20/95                    60 FR 65509
Record Reopened                 12/28/99                    64 FR 72617
Withdrawal Notice               07/15/02                    67 FR 46431

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 2352, 
1100 Wilson Boulevard, Arlington, VA 22209
Phone: 202 693-9457
Fax: 202 693-9441
Email: [email protected]

RIN: 1219-AA92
_______________________________________________________________________




1829. 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

[[Page 74771]]

Abstract: MSHA considered rulemaking to lower the respirable coal mine 
dust concentration limit because miners continue to be at risk of 
developing dust-induced occupational lung disease. MSHA is currently 
developing regulatory alternatives to issues relating to respirable 
coal mine dust. Therefore, we are withdrawing this item at this time.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Withdrawn                       09/04/02

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 2352, 
1100 Wilson Boulevard, Arlington, VA 22209
Phone: 202 693-9457
Fax: 202 693-9441
Email: [email protected]

RIN: 1219-AB08
_______________________________________________________________________




1830. MINE RESCUE TEAMS

Priority: Substantive, Nonsignificant

Legal Authority: 30 USC 811; 30 USC 825

CFR Citation: 30 CFR 49

Legal Deadline: None

Abstract: We were 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 hoped to increase the number and improve the quality of mine 
rescue teams available to assist miners in life threatening 
emergencies. MSHA is withdrawing this item and plans to evaluate 
nonregulatory alternatives.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Notice of Public Meeting        03/12/02                    67 FR 11145
Public Meeting                  03/28/02
Withdrawn                       09/04/02

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 2352, 
1100 Wilson Boulevard, Arlington, VA 22209
Phone: 202 693-9457
Fax: 202 693-9441
Email: [email protected]

RIN: 1219-AB20

_______________________________________________________________________


Department of Labor (DOL)                           Proposed Rule Stage


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



_______________________________________________________________________




1831. 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, Judicial, September 10, 1979, Publication is 
required within 90 days of 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 the second 
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                     06/10/02                    67 FR 39829
Second NPRM Comment Period End  08/09/02
Third NPRM                      06/00/03
Third NPRM Comment Period End   08/00/03
Final Rule                      12/00/03

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-AA21

[[Page 74772]]

_______________________________________________________________________


Department of Labor (DOL)                              Final Rule Stage


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



_______________________________________________________________________




1832. 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                          05/24/99                    64 FR 14537
Final Rule                      11/00/02

Regulatory Flexibility Analysis Required: No

Small Entities Affected: Governmental Jurisdictions, Organizations

Government Levels Affected: State, Local

Additional Information: The interim rule is in effect. The Final rule 
is expected in

Agency Contact: Jeffrey Saylor, Management, Department of Labor, Office 
of the Assistant Secretary for Administration and Management, 200 
Constitution Avenue NW, N5425, FP Building, Washington, DC 20210
Phone: 202 693-7285
Fax: 202 693-7290
Email: [email protected]

Larry Murphy, Policy Analyst, Department of Labor, Office of the 
Assistant Secretary for Administration and Management, Room N5425, 200 
Constitution Avenue NW., Washington, DC 20210
Phone: 202 693-7283
Fax: 202 693-7290
Email: [email protected]

RIN: 1291-AA26
_______________________________________________________________________




1833. 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 update references to the revised 
Office of Management and Budget (OMB) Circular A-133, which is 
simulanteously codified in 29 CFR part 99 and to consolidate various 
other provisions to ensure consistency, and continuity.

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                      11/00/02

Regulatory Flexibility Analysis Required: No

Government Levels Affected: State, Local

Additional Information: The interim final rule is in effect. The final 
rule is expected

Agency Contact: Jeffrey D. Saylor, Management Services, Department of 
Labor, Office of the Assistant Secretary for Administration and 
Management, 200 Constitution Avenue NW., Room N5425, FP Building, 
Washington, DC 20210-0001
Phone: 202 693-7282
Fax: 202 693-7290
Email: [email protected]

Larry Murphy, Policy Analyst, Department of Labor, Office of the 
Assistant Secretary for Administration and Management, Room N5425, 200 
Constitution Avenue NW., Washington, DC 20210
Phone: 202 693-7283
Fax: 202 693-7290
Email: [email protected]

RIN: 1291-AA27
_______________________________________________________________________




1834. 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. The reauthorization of WIA is currently under 
consideration by the Congress. It may include amendments to the 
nondiscrimination provisions contained in section 188 that would 
directly impact these regulations. A final rule will be issued after 
congressional action on the reauthorization of WIA. In the meantime, a 
second interim final rule will be published to delete a particular 
paragraph from the earlier interim final rule and to redesignate two of 
the

[[Page 74773]]

remaining paragraphs of the interim final rule.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              11/12/99                    64 FR 61692
Interim Final Rule Comment 
Period                          12/13/99
Second Interim Final Rule       02/00/03
Second Interim Final Rule 
Comment Period End              03/00/03
Final Rule                       To Be                       Determined

Regulatory Flexibility Analysis Required: No

Government Levels Affected: State, Local, Tribal

Agency Contact: Annabelle T. Lockhart, Director, Civil Rights Center, 
Department of Labor, Office of the Assistant Secretary for 
Administration and Management, Room N4123, 200 Constitution Avenue NW, 
FP Building, Washington, DC 20210
Phone: 202 693-6500
TDD Phone: 202 693-6515
Fax: 202 693-6505
Email: [email protected]

RIN: 1291-AA29
_______________________________________________________________________




1835. 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: 29 USC 794; 42 USC 2000(d)

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. The publication of this rule 
is being coordinated by the Department of Justice and will be published 
as part of a Governmentwide issuance.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            12/06/00                    65 FR 76460
NPRM Comment Period End         01/05/01
Final Action                    12/00/02
Final Action Effective          01/00/03

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
_______________________________________________________________________




1836. GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) AND 
GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (GRANTS) 29 CFR 98

Priority: Substantive, Nonsignificant

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

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
Interim Final Rule              12/00/02

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: Undetermined

Additional Information: OMB is waiting for other agencies participating 
in the common

Agency Contact: Jeffrey D. Saylor, Management Services, Department of 
Labor, Office of the Assistant Secretary for Administration and 
Management, 200 Constitution Avenue NW., Room N5425, FP Building, 
Washington, DC 20210-0001
Phone: 202 693-7282
Fax: 202 693-7290
Email: [email protected]

Larry Murphy, Policy Analyst, Department of Labor, Office of the 
Assistant Secretary for Administration and Management, Room N5425, 200 
Constitution Avenue NW., Washington, DC 20210
Phone: 202 693-7283
Fax: 202 693-7290
Email: [email protected]

RIN: 1291-AA33
_______________________________________________________________________




1837. DEPARTMENT OF LABOR ACQUISITION REGULATIONS

Priority: Info./Admin./Other

Legal Authority: 40 USC 486(C); 5 USC 301

[[Page 74774]]

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

________________________________________________________________________

Interim Final Rule              11/00/02

Regulatory Flexibility Analysis Required: No

Small Entities Affected: Businesses

Government Levels Affected: None

Agency Contact: Jeffrey D. Saylor, Management Services, Department of 
Labor, Office of the Assistant Secretary for Administration and 
Management, 200 Constitution Avenue NW., Room N5425, FP Building, 
Washington, DC 20210-0001
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)



_______________________________________________________________________




1838. 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                          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

Agency Contact: Jeffrey D. Saylor, Management Services, Department of 
Labor, Office of the Assistant Secretary for Administration and 
Management, 200 Constitution Avenue NW., Room N5425, FP Building, 
Washington, DC 20210-0001
Phone: 202 693-7282
Fax: 202 693-7290
Email: [email protected]

Larry Murphy, Policy Analyst, Department of Labor, Office of the 
Assistant Secretary for Administration and Management, Room N5425, 200 
Constitution Avenue NW., Washington, DC 20210
Phone: 202 693-7283
Fax: 202 693-7290
Email: [email protected]

RIN: 1291-AA30

_______________________________________________________________________


Department of Labor (DOL)                                 Prerule Stage


Occupational Safety and Health Administration (OSHA)



_______________________________________________________________________




1839. 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

________________________________________________________________________

Convene SBREFA Panel            04/00/03

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

[[Page 74775]]

_______________________________________________________________________




1840. 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 2003.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Begin Review                    10/01/96
End Review                      03/00/03

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Agency Contact: John F. Martonik, 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
_______________________________________________________________________




1841. GRAIN HANDLING FACILITIES (SECTION 610 REVIEW)

Priority: Other Significant

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

CFR Citation: 29 CFR 1910.272

Legal Deadline: None

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

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Begin Review                    10/01/97
End Review                      11/00/02

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Agency Contact: John F. Martonik, 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
_______________________________________________________________________




1842. 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 kinds 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 begin data gathering efforts to 
collect needed information on beryllium's toxicity, risks, and patterns 
of usage. The Request for Information will be designed to obtain such 
information.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Request for Information         11/00/02

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: Undetermined

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

RIN: 1218-AB76
_______________________________________________________________________




1843. HEARING CONSERVATION PROGRAM FOR 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, no rule was promulgated to cover 
workers in the construction industry. A number of recent studies have 
shown that many construction workers experience work-related hearing 
loss. In addition, the use of engineering, administrative and personal 
protective equipment to reduce exposures to noise is not extensive in 
this industry. OSHA issued an advance notice of proposed rulemaking to 
gather information on the extent of noise-induced hearing loss

[[Page 74776]]

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                           08/05/02                    67 FR 50610
Comment Period End              11/04/02
Next Step To Be Determined      04/00/03

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: None

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

RIN: 1218-AB89
_______________________________________________________________________




1844. PRESENCE SENSING DEVICE INITIATION OF MECHANICAL POWER PRESSES 
(SECTION 610 REVIEW)

Priority: Substantive, Nonsignificant

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

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            08/28/02                    67 FR 55181
Comment Period End              01/27/03
Next Step To Be Determined       To Be                       Determined

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: Undetermined

Agency Contact: John F. Martonik, 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
_______________________________________________________________________


Department of Labor (DOL)                           Proposed Rule Stage


Occupational Safety and Health Administration (OSHA)



_______________________________________________________________________




1845. ASSIGNED PROTECTION FACTORS: AMENDMENTS TO THE FINAL RULE ON 
RESPIRATORY PROTECTION

 Regulatory Plan: This entry is Seq. No. 97 in part II of this issue of 
the Federal Register.

RIN: 1218-AA05
_______________________________________________________________________




1846. 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: 29 USC 655(b); 33 USC 941

CFR Citation: 29 CFR 1918.11; 29 CFR 1918.85

Legal Deadline: None

Abstract: OSHA issued a final rule on Longshoring on July 25, 1997 (62 
FR 40142). However, in that rule, the Agency reserved provisions 
related to vertical tandem lifts. Vertical tandem lifts (VTLs) involve 
the lifting of two or more empty intermodal containers, secured 
together with twist locks, at the same time. OSHA has continued to work 
with national and international organizations to gather additional 
information on the safety of VTLs. The Agency is going to request 
additional information from the public on this issue, and prepare a 
notice of proposed rulemaking to address the safety issues of this type 
of work.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            06/06/94                    59 FR 28594
NPRM Comment Period End         09/23/94
Final Rule on Longshoring/Marine07/25/97                    62 FR 40142
Public Meeting on VTLs - 1/27/
1998                            10/09/97                    62 FR 52671
Request for Information (RFI)   11/00/02
NPRM                            06/00/03

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

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

RIN: 1218-AA56
_______________________________________________________________________




1847. OCCUPATIONAL EXPOSURE TO HEXAVALENT CHROMIUM (PREVENTING 
OCCUPATIONAL ILLNESS: CHROMIUM)

Priority: Economically Significant. Major under 5 USC 801.

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

[[Page 74777]]

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 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.
OSHA will make a decision on what action to take next in May 2003.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Request for Information         08/22/02                    67 FR 54389
Comment Period End              11/20/02

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: Undetermined

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

RIN: 1218-AB45
_______________________________________________________________________




1848. 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 initiated a project to update and 
consolidate the various OSHA shipyard standards that were applied in 
the shipbuilding, ship repair, and shipbreaking industries. 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. About 100,000 
workers are potentially exposed to these hazards annually.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            01/00/03

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: None

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

RIN: 1218-AB50
_______________________________________________________________________




1849. FIRE PROTECTION IN SHIPYARD EMPLOYMENT (PART 1915, SUBPART P) 
(SHIPYARDS: FIRE SAFETY)

 Regulatory Plan: This entry is Seq. No. 98 in part II of this issue of 
the Federal Register.

RIN: 1218-AB51
_______________________________________________________________________




1850. ELECTRIC POWER TRANSMISSION AND DISTRIBUTION; ELECTRICAL 
PROTECTIVE EQUIPMENT

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 subpart V; 29 CFR 1926.97

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. OSHA also 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. In addition, OSHA will be revising a few miscellaneous 
general industry requirements primarily affecting electric transmission 
and distribution work, including provisions on electrical protective 
equipment and foot protection. This rulemaking will also address fall 
protection in aerial lifts for power generation, transmission and 
distribution work.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            04/00/03

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: Undetermined

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

RIN: 1218-AB67

[[Page 74778]]

_______________________________________________________________________




1851. OCCUPATIONAL EXPOSURE TO CRYSTALLINE SILICA

 Regulatory Plan: This entry is Seq. No. 99 in part II of this issue of 
the Federal Register.

RIN: 1218-AB70
_______________________________________________________________________




1852. 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 a rule (55 FR 13360) 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. OSHA is publishing a notice to re-open the rulemaking for 
comment on a number of issues raised in the record for the NPRM, or 
related to technological advances. OSHA will be updating its regulatory 
analysis as well.

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                            12/00/02
Reopening of Record             12/00/02

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: None

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

RIN: 1218-AB80
_______________________________________________________________________




1853. STANDARDS IMPROVEMENT (MISCELLANEOUS CHANGES) FOR GENERAL 
INDUSTRY, MARINE TERMINALS, AND CONSTRUCTION STANDARDS (PHASE II)

 Regulatory Plan: This entry is Seq. No. 100 in part II of this issue 
of the Federal Register.

RIN: 1218-AB81
_______________________________________________________________________




1854. 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 
Standards. OSHA will rely heavily 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 Standard since they were 
originally published in 1981. OSHA intends to complete this project in 
several stages. The first stage will cover design safety standards for 
electrical systems, while the second stage will cover safety-related 
maintenance requirements and safety requirements for special equipment. 
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. OSHA initially believed that 
the changes in the first stage would not be controversial, and thus had 
planned to issue a direct final rule. However, as work has progressed, 
we have determined that this is not the case, and we are preparing an 
NPRM instead.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            04/00/03

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: None

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

RIN: 1218-AB95
_______________________________________________________________________




1855. 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                            12/00/02

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

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

RIN: 1218-AB97

[[Page 74779]]

_______________________________________________________________________




1856. 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 incorporation of new fit test 
methods into 1910.134.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            02/00/03

Regulatory Flexibility Analysis Required: No

Government Levels Affected: State, Local, Tribal, Federal

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

RIN: 1218-AC05
_______________________________________________________________________


Department of Labor (DOL)                              Final Rule Stage


Occupational Safety and Health Administration (OSHA)



_______________________________________________________________________




1857. UPDATE AND REVISION OF THE EXIT ROUTES STANDARD

 Regulatory Plan: This entry is Seq. No. 101 in part II of this issue 
of the Federal Register.

RIN: 1218-AB82
_______________________________________________________________________




1858. PROCEDURES FOR HANDLING OF DISCRIMINATION COMPLAINTS UNDER THE 
AVIATION INVESTMENT AND REFORM ACT

Priority: Substantive, Nonsignificant

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

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                          05/31/02
Comment Period Extended         06/07/02                    67 FR 40597
Comment Period End              06/30/02
Final Rule                      11/00/02

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, Rm 3603, 200 Constitution Avenue, NW, Washington, DC 
20210
Phone: 202 693-2199
Fax: 202 693-2369
Email: [email protected]

RIN: 1218-AB99

[[Page 74780]]

_______________________________________________________________________


Department of Labor (DOL)                             Long-Term Actions


Occupational Safety and Health Administration (OSHA)



_______________________________________________________________________




1859. 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 651; 29 USC 655; 29 USC 657

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 has re-opened the record to collect updated 
information before determining what action should be taken.
OSHA will make a decision on what action to take next in April 2003.

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                   08/08/02                    67 FR 51524
Comment Period End              11/06/02

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: Undetermined

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

RIN: 1218-AA84
_______________________________________________________________________




1860. OCCUPATIONAL EXPOSURE TO TUBERCULOSIS

Priority: Economically Significant. Major under 5 USC 801.

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 
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 multidrug 
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. OSHA 
will make a decision on what action to take in November 2002.

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  03/05/02                     67 FR 9934
Reopening Comment Period End    03/25/02
Comment Period End              05/24/02


Next Action Undetermined

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 Standards and 
Guidance, Department of Labor, Occupational Safety and Health

[[Page 74781]]

Administration, Room N3605, 200 Constitution Avenue NW., Washington, DC 
20210
Phone: 202 693-2222
Fax: 202 693-1663

RIN: 1218-AB46
_______________________________________________________________________




1861. 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 proposed to revise its PPE 
standard to clarify who is required to pay for required PPE and under 
what circumstances. OSHA continues to consider the issue.

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 Action Undetermined

Regulatory Flexibility Analysis Required: No

Small Entities Affected: Businesses

Government Levels Affected: State, Local, Federal

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

RIN: 1218-AB77
_______________________________________________________________________




1862. CRANES AND DERRICKS

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

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. OSHA will be monitoring these activities to determine 
whether recommendations developed for construction should be applied to 
cranes in general industry as well. OSHA will make a decision on what 
action to take next in December 2002.

Timetable: Next Action Undetermined

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
_______________________________________________________________________




1863. EXCAVATIONS (SECTION 610 REVIEW)

Priority: Other Significant

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

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             To Be                       Determined

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: None

Agency Contact: John F. Martonik, 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
_______________________________________________________________________




1864. OCCUPATIONAL INJURY AND ILLNESS RECORDING AND REPORTING 
REQUIREMENTS

Priority: Other Significant

Legal Authority: 29 USC 553; 29 USC 657

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 thorough regulatory 
review, the Agency

[[Page 74782]]

determined that all but two provisions of the final rule, regarding the 
recording of occupational hearing (1904.10) and musculoskeletal 
disorders -- MSDs (1904.12), would take effect as scheduled (66 FR 
35113, July 3, 2001). Following notice and comment, 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 issued a final 1904.10 regulation setting recording criteria for 
occupational hearing loss (67 FR 44037, July 1, 2002), and 
simultaneously issued a proposal to delay the requirements for checking 
a separate hearing loss column on the 300 Log, as well as an additional 
one-year delay for the 1904.12 MSD requirements (67 FR 44124, July 1, 
2002).
OSHA is continuing to reconsider the 300 Log columns for occupational 
hearing loss and MSD, and for defining ``musculoskeletal disorders'' 
for recordkeeping purposes. OSHA will issue one or more final rules to 
deal with these injury and illness recording issues for the years 2003 
and beyond. OSHA will make a decision on what action to take next in 
Novembwer 2002.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            07/03/01                    66 FR 35113
NPRM Comment Period End         09/04/01
Final Rule                      10/12/01                    66 FR 52031
NPRM                            07/01/02                    67 FR 44124
Final Rule                      07/01/02                    67 FR 44037
NPRM Comment Period End         08/30/02


Next Action Undetermined

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: State

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

RIN: 1218-AC06
_______________________________________________________________________




1865. [bull] UPDATING OSHA STANDARDS BASED ON NATIONAL CONSENSUS 
STANDARD

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

Legal Authority: 29 USC 655(b)

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

Legal Deadline: None

Abstract: Under section 6(a) of the OSH Act, during the first two years 
of the Act, the Agency was directed to adopt national consensus 
standards as OSHA standards. Some of these standards were adopted as 
regulatory text, while others were incorporated by reference. In the 
thirty years since these standards were adopted by OSHA, the 
organizations responsible for these consensus standards have issued 
updated versions of these standards. However, in most cases, OSHA has 
not revised its regulations to reflect later editions of the consensus 
standards. OSHA standards also continue to incorporate by reference 
various consensus standards that are now outdated and, in some cases, 
out of print.
The Agency is now considering the possibility of initiating rulemaking 
to update some of these standards. In that regard, OSHA has asked 
various consensus standards organizations to review their standards, 
compare the latest versions of these standards to the ones currently 
adopted by OSHA and determine which ones are most important for OSHA to 
update. Additionally, OSHA has asked them to consider whether the 
changes to these standards would be noncontroversial, and if the new 
versions would reduce risk. The organizations were enthusiastic about 
the possibility of updating references to their standards, and they 
have provided considerable information on priorities and other related 
issues. OSHA is in the process of evaluating the information it has 
received in order to determine the best way to proceed.OSHA will make a 
decision on what action to take next in June 2003.

Timetable: Next Action Undetermined

Regulatory Flexibility Analysis Required: No

Government Levels Affected: Undetermined

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

RIN: 1218-AC08
_______________________________________________________________________




1866. [bull] EXPLOSIVES

Priority: Other Significant

Legal Authority: 29 USC 655(b)

CFR Citation: 29 CFR 1910.109

Legal Deadline: None

Abstract: OSHA is considering amending 29 CFR 1910.109 that addresses 
explosives and small arms manufacturing. These OSHA regulations were 
published in 1974, and many of the provisions do not reflect 
technological and safety advances made by the industry since that time. 
Additionally, the standard contains outdated references and 
classifications. Two trade associations representing many of the 
employers subject to this rule have petitioned the Agency to consider 
revising it, and have recommended changes they believe address the 
concerns they are raising. OSHA is in the process of reviewing the 
petition and related information about the issue, and will determine 
the appropriate course of action regarding this standard when the 
review is completed. OSHA will make a decision on what action to take 
next in June 2003.

Timetable: Next Action Undetermined

Regulatory Flexibility Analysis Required: No

Government Levels Affected: Undetermined

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

RIN: 1218-AC09

[[Page 74783]]

_______________________________________________________________________


Department of Labor (DOL)                             Completed Actions


Occupational Safety and Health Administration (OSHA)



_______________________________________________________________________




1867. ACCESS AND EGRESS IN SHIPYARDS (PART 1915, SUBPART E) (SHIPYARDS: 
EMERGENCY EXITS AND AISLES)

Priority: Substantive, Nonsignificant

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               03/21/02                    67 FR 13117

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

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

RIN: 1218-AA70
_______________________________________________________________________




1868. 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); 5 USC 552(a); 5 USC 553; PL 101-549 
(November 15, 1990)

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, and 
we are withdrawing this from the regulatory agenda until such time as 
work on it resumes.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            01/26/90                     55 FR 2776
NPRM Comment Period End         04/26/90
Withdrawn                       08/15/02

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: Undetermined

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

RIN: 1218-AB27
_______________________________________________________________________




1869. 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 withdraw this item 
from the regulatory agenda. The Agency plans to review and revise as 
appropriate its 1989 Voluntary Safety and Health Management Guidelines. 
OSHA has received feedback from participants in the Agency's voluntary 
programs and from other stakeholders on the strengths and weaknesses of 
the existing guidelines. Although the guidelines help employers 
understand the basic approach to managing safety and health in the 
workplace, they do not sufficiently reflect the importance of employee 
participation or program evaluation. In addition, the Agency will 
continue and expand efforts to communicate the value and benefits of 
injury and illness prevention programs to employers. Extended outreach 
efforts combined with revised voluntary guidelines will encourage more 
widespread adoption of comprehensive and systematic injury and illness 
prevention programs.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Withdrawn                       08/15/02

Regulatory Flexibility Analysis Required: Yes

Small Entities Affected: Businesses

Government Levels Affected: State

[[Page 74784]]

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

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

RIN: 1218-AB41
_______________________________________________________________________




1870. 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 on residential construction. No rulemaking action 
is anticipated during the next year. OSHA is withdrawing this entry 
from the agenda.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           07/14/99                    64 FR 38077
ANPRM Comment Period End        01/24/00
Withdrawn                       08/15/02

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

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

RIN: 1218-AB62
_______________________________________________________________________




1871. 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 1970s, 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.
On April 15, 2002, OSHA issued a Direct Final Rule and a companion 
proposed rule to update its standard since it anticipated widespread 
support for and few objections to the change. The Agency Advisory 
Committee on Construction Safety and Health endorsed using a Direct 
Final Rule to make this change in its Winter 2000 meeting. However, on 
July 15, 2002, OSHA withdrew the direct final rule because two comments 
were received that the Agency treated as significant adverse comments. 
OSHA is now preparing a final rule that will address those comments.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Direct Final Rule               04/15/02                    67 FR 18091
Final Rule                      09/12/02                    67 FR 57722
Final Rule Effective            12/11/02

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
_______________________________________________________________________




1872. CHANGES TO STATE PLANS

Priority: Substantive, Nonsignificant

Legal Authority: 29 USC 667

CFR Citation: 29 CFR 1953

Legal Deadline: None

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

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            11/06/01                    66 FR 56043
NPRM Comment Period End         01/07/02

[[Page 74785]]

Final Rule                      09/25/02                    67 FR 60122
Final Rule Effective            11/25/02

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: State, Federal

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

RIN: 1218-AB91

_______________________________________________________________________


Department of Labor (DOL)                           Proposed Rule Stage


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



_______________________________________________________________________




1873. 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                            03/00/03

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)



_______________________________________________________________________




1874. 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 nonexempt 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
Notice                          02/00/03

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. 02-25640 Filed 12-06-02; 8:45 am]
BILLING CODE 4510-23-S
