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


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Part XIII





Department of Labor





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Semiannual Regulatory Agenda

[[Page 37788]]



DEPARTMENT OF LABOR (DOL)






_______________________________________________________________________

DEPARTMENT OF LABOR

Office of the Secretary

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

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

30 CFR Ch. I

41 CFR Ch. 60

48 CFR Ch. 29

Semiannual Agenda of Regulations

AGENCY: Office of the Secretary, Labor.

ACTION: Semiannual regulatory agenda.

_______________________________________________________________________

SUMMARY: This document sets forth the Department's semiannual agenda of 
regulations that have been selected for review or development during 
the coming year. The Department's agencies have carefully assessed 
their available resources and what they can accomplish in the next 
twelve months and have adjusted their agendas accordingly.

     The agenda complies with the requirements of both Executive 
Order 12866 and the Regulatory Flexibility Act. The agenda lists 
all regulations that are expected to be under review or development 
between April 2004 and April 2005, as well as those completed 
during the past six months.

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

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

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

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

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

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

     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.

Occupational Safety and Health Administration

     Occupational Exposure to Ethylene Oxide (RIN 1218-AB60)

     Excavations (RIN 1218-AC02)

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

Employee Benefits Security Administration

     Prohibited Transaction Exemption Procedures (RIN 1210-AA98)

     Statutory Exemption for Loans to Plan Participants (RIN 1210-
AA99)

     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--Final Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
1912        Production or Disclosure of Information or Materials..................................    1290-AA17
1913        Equal Treatment in Department of Labor Programs for Faith-Based and Community             1290-AA21
            Organizations; Protection of Religious Liberty of Department of Labor Social Service
            Providers and Beneficiaries...........................................................
----------------------------------------------------------------------------------------------------------------


                               Employment Standards Administration--Prerule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
1914        Child Labor Regulations, Orders, and Statements of Interpretation.....................    1215-AB44
----------------------------------------------------------------------------------------------------------------


[[Page 37789]]


                            Employment Standards Administration--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
1915        Davis Bacon Volunteers Under the Federal Acquisition Streamlining Act.................    1215-AA96
1916        Amendments to the Fair Labor Standards Act............................................    1215-AB13
1917        Stock Options, Stock Appreciation Rights, and Bona Fide Employee Stock Purchase           1215-AB31
            Programs Under the Fair Labor Standards Act...........................................
1918        Family and Medical Leave Act of 1993; Conform to the Supreme Court's Ragsdale Decision    1215-AB35
1919        Affirmative Action and Nondiscrimination Obligations of Contractors and Subcontractors    1215-AB46
            for Special Disabled Veterans and Veterans of the Vietnam Era.........................
1920        Service Contract Act Wage Determination OnLine Request Process........................    1215-AB47
1921        Standards of Conduct for Federal Sector Unions........................................    1215-AB48
----------------------------------------------------------------------------------------------------------------


                              Employment Standards Administration--Final Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
1922        Child Labor Regulations, Orders, and Statements of Interpretation (ESA/W-H)...........    1215-AA09
1923        Affirmative Action and Nondiscrimination Obligations of Contractors and Subcontractors    1215-AB24
            for Special Disabled Veterans and Veterans of the Vietnam Era.........................
1924        Government Contractors: Nondiscrimination and Affirmative Action Obligations,             1215-AB28
            Executive Order 11246 (ESA/OFCCP) (Revised)...........................................
1925        Requirements for Security of Insurance Obligations Under the Longshore and Harbor         1215-AB38
            Workers' Compensation Act.............................................................
1926        Obligation to Solicit Race and Gender Data for Agency Enforcement Purposes............    1215-AB45
----------------------------------------------------------------------------------------------------------------


                             Employment Standards Administration--Long-Term Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
1927        Labor Condition Applications and Requirements for Employers Using Nonimmigrants on H-     1215-AB09
            1B Visas in Specialty Occupations and as Fashion Models...............................
----------------------------------------------------------------------------------------------------------------


                             Employment Standards Administration--Completed Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
1928        Defining and Delimiting the Term ``Any Employee Employed in a Bona Fide Executive,        1215-AA14
            Administrative, or Professional Capacity'' (ESA/W-H)..................................
1929        Obligation of Federal Contractors and Subcontractors, Notice of Employee Rights           1215-AB33
            Concerning Payment of Union Dues or Fees..............................................
1930        Amendments to Title 20 Parts 718 and 725 That Implement the Black Lung Benefits Act...    1215-AB40
----------------------------------------------------------------------------------------------------------------


                              Employment and Training Administration--Prerule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
1931        Indian and Native American Welfare-to-Work Program....................................    1205-AB16
----------------------------------------------------------------------------------------------------------------


[[Page 37790]]


                           Employment and Training Administration--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
1932        Federal-State Unemployment Compensation (UC) Program; Confidentiality and Disclosure      1205-AB18
            of Information in State UC Records....................................................
1933        Trade Adjustment Assistance for Workers...............................................    1205-AB32
1934        Post-Adjudication Audits of H-2B Petitions Other Than Logging in the United States....    1205-AB36
1935        Labor Condition Applications for Employers Using Nonimmigrants on H-1B Visas in           1205-AB39
            Specialty Occupations and as Fashion Models; Filing Procedures........................
----------------------------------------------------------------------------------------------------------------


                            Employment and Training Administration--Final Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
1936        Labor Certification Process for the Permanent Employment of Aliens in the United          1205-AA66
            States................................................................................
1937        Labor Certification for the Permanent Employment of Aliens in the United States;          1205-AB37
            Backlog Reduction.....................................................................
1938        Labor Condition Applications and Requirements for Employers Using Nonimmigrants on H-     1205-AB38
            1B Visas in Specialty Occupations and as Fashion Models; Labor Attestations Re H-1B
            Visas and Chile and Singapore.........................................................
----------------------------------------------------------------------------------------------------------------


                            Employment and Training Administration--Long-Term Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
1939        Attestations by Facilities Temporarily Employing H-1C Nonimmigrant Aliens as              1205-AB27
            Registered Nurses.....................................................................
----------------------------------------------------------------------------------------------------------------


                            Employment and Training Administration--Completed Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
1940        Senior Community Service Employment Program...........................................    1205-AB28
----------------------------------------------------------------------------------------------------------------


                            Employee Benefits Security Administration--Prerule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
1941        Prohibited Transaction Exemption Procedures (Section 610 Review)......................    1210-AA98
1942        Statutory Exemption for Loans to Plan Participants (Sec. 610 Review)..................    1210-AA99
----------------------------------------------------------------------------------------------------------------


                         Employee Benefits Security Administration--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
1943        Suspension of Benefits Regulation.....................................................    1210-AA96
1944        Rulemaking Relating to Termination of Abandoned Individual Account Plans..............    1210-AA97
1945        Annual Funding Notice for Multiemployer Plans.........................................    1210-AB00
1946        Civil Penalty for Failure to Provide Section 302 Notice...............................    1210-AB01
----------------------------------------------------------------------------------------------------------------


[[Page 37791]]


                           Employee Benefits Security Administration--Final Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
1947        Regulations Implementing the Health Care Access, Portability, and Renewability            1210-AA54
            Provisions of the Health Insurance Portability and Accountability Act of 1996.........
1948        Mental Health Benefits Parity.........................................................    1210-AA62
1949        Health Care Standards for Mothers and Newborns........................................    1210-AA63
1950        Rulemaking Relating to the Women's Health and Cancer Rights Act of 1998...............    1210-AA75
1951        Prohibiting Discrimination Against Participants and Beneficiaries Based on Health         1210-AA77
            Status................................................................................
1952        Default Rollover Safe Harbor..........................................................    1210-AA92
1953        Electronic Filing By Investment Advisers..............................................    1210-AA94
----------------------------------------------------------------------------------------------------------------


                          Employee Benefits Security Administration--Long-Term Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
1954        Adequate Consideration................................................................    1210-AA15
----------------------------------------------------------------------------------------------------------------


                          Employee Benefits Security Administration--Completed Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
1955        Rulemaking Relating to Notice Requirements for Continuation of Health Care Coverage...    1210-AA60
----------------------------------------------------------------------------------------------------------------


                              Mine Safety and Health Administration--Prerule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
1956        Respirable Crystalline Silica Standard................................................    1219-AB36
----------------------------------------------------------------------------------------------------------------


                           Mine Safety and Health Administration--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
1957        Improving and Eliminating Regulations.................................................    1219-AA98
1958        Asbestos Exposure Limit...............................................................    1219-AB24
1959        High-Voltage Continuous Mining Machine Standards for Underground Coal Mines...........    1219-AB34
1960        Training Standards for Shaft and Slope Construction Workers at Underground Mines......    1219-AB35
1961        Revising Electrical Product Approval Regulations......................................    1219-AB37
----------------------------------------------------------------------------------------------------------------


                             Mine Safety and Health Administration--Final Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
1962        Diesel Particulate Matter Exposure of Underground Metal and Nonmetal Miners...........    1219-AB29
1963        Part 5 -- Fees for Testing, Evaluation and Approval of Mining Products................    1219-AB38
----------------------------------------------------------------------------------------------------------------


[[Page 37792]]


                            Mine Safety and Health Administration--Long-Term Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
1964        Verification of Underground Coal Mine Operators' Dust Control Plans and Compliance        1219-AB14
            Sampling for Respirable Dust..........................................................
1965        Determination of Concentration of Respirable Coal Mine Dust...........................    1219-AB18
----------------------------------------------------------------------------------------------------------------


                            Mine Safety and Health Administration--Completed Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
1966        Underground Coal Mine Ventilation--Safety Standards for the Belt Entry as an Intake       1219-AA76
            Air Course............................................................................
----------------------------------------------------------------------------------------------------------------


              Office of the Assistant Secretary for Administration and Management--Final Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
1967        Implementation of the Nondiscrimination and Equal Opportunity Requirements of the         1291-AA29
            Workforce Investment Act of 1998......................................................
----------------------------------------------------------------------------------------------------------------


             Office of the Assistant Secretary for Administration and Management--Long-Term Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
1968        Grants and Agreements.................................................................    1291-AA30
----------------------------------------------------------------------------------------------------------------


             Office of the Assistant Secretary for Administration and Management--Completed Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
1969        Nondiscrimination on the Basis of Age in Programs and Activities Receiving Federal        1291-AA21
            Financial Assistance From the Department of Labor.....................................
1970        Department of Labor Acquisition Regulations...........................................    1291-AA34
----------------------------------------------------------------------------------------------------------------


                          Occupational Safety and Health Administration--Prerule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
1971        Occupational Exposure to Ethylene Oxide (Section 610 Review)..........................    1218-AB60
1972        Occupational Exposure to Crystalline Silica...........................................    1218-AB70
1973        Occupational Exposure to Beryllium....................................................    1218-AB76
1974        Hearing Conservation Program for Construction Workers.................................    1218-AB89
1975        Cranes and Derricks...................................................................    1218-AC01
1976        Excavations (Section 610 Review)......................................................    1218-AC02
1977        Ionizing Radiation....................................................................    1218-AC11
----------------------------------------------------------------------------------------------------------------


[[Page 37793]]


                       Occupational Safety and Health Administration--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
1978        Longshoring and Marine Terminals (Parts 1917 and 1918) -- Reopening of the Record         1218-AA56
            (Vertical Tandem Lifts (VTLs))........................................................
1979        Occupational Exposure to Hexavalent Chromium (Preventing Occupational Illness:            1218-AB45
            Chromium).............................................................................
1980        Confined Spaces in Construction (Part 1926): Preventing Suffocation/Explosions in         1218-AB47
            Confined Spaces.......................................................................
1981        General Working Conditions for Shipyard Employment....................................    1218-AB50
1982        Electric Power Transmission and Distribution; Electrical Protective Equipment.........    1218-AB67
1983        Walking Working Surfaces and Personal Fall Protection Systems (1910) (Slips, Trips,       1218-AB80
            and Fall Prevention)..................................................................
1984        Revision and Update of Subpart S--Electrical Standards................................    1218-AB95
1985        Updating OSHA Standards Based on National Consensus Standards.........................    1218-AC08
1986        Explosives............................................................................    1218-AC09
1987        Slip Resistance of Skeletal Structural Steel..........................................    1218-AC14
----------------------------------------------------------------------------------------------------------------


                         Occupational Safety and Health Administration--Final Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
1988        Assigned Protection Factors: Amendments to the Final Rule on Respiratory Protection...    1218-AA05
1989        Fire Protection in Shipyard Employment (Part 1915, Subpart P) (Shipyards: Fire Safety)    1218-AB51
1990        Employer Payment for Personal Protective Equipment....................................    1218-AB77
1991        Standards Improvement (Miscellaneous Changes) for General Industry, Marine Terminals,     1218-AB81
            and Construction Standards (Phase II).................................................
1992        Controlled Negative Pressure Fit Testing Protocol: Amendment to the Final Rule on         1218-AC05
            Respiratory Protection................................................................
1993        Procedures for Handling Discrimination Complaints Under Section 806 of the Corporate      1218-AC10
            and Criminal Fraud Accountability Act of 2002.........................................
1994        Procedures for Handling Discrimination Complaints Under Section 6 of the Pipeline         1218-AC12
            Safety Improvement Act of 2002........................................................
1995        Oregon State Plan.....................................................................    1218-AC13
1996        Rollover Protective Structures; Overhead Protection...................................    1218-AC15
----------------------------------------------------------------------------------------------------------------


                        Occupational Safety and Health Administration--Completed Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
1997        Glycol Ethers: 2-Methoxyethanol, 2-Ethoxyethanol, and Their Acetates: Protecting          1218-AA84
            Reproductive Health...................................................................
1998        Occupational Exposure to Tuberculosis.................................................    1218-AB46
1999        Commercial Diving Operations: Revision................................................    1218-AB97
2000        Presence Sensing Device Initiation of Mechanical Power Presses (Section 610 Review)...    1218-AC03
----------------------------------------------------------------------------------------------------------------


          Office of the Assistant Secretary for Veterans' Employment and Training--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
2001        Uniformed Services Employment and Reemployment Rights Act Regulations.................    1293-AA09
2002        Jobs for Veterans Act of 2002: State Grant Funding Formula FY 2005 and Beyond.........    1293-AA11
2003        Jobs for Veterans Act of 2002: Contract Threshold and Eligibility Groups for Federal      1293-AA12
            Contractor Program....................................................................
----------------------------------------------------------------------------------------------------------------


[[Page 37794]]


           Office of the Assistant Secretary for Veterans' Employment and Training--Completed Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
2004        Jobs for Veterans Act of 2002: Uniform National Threshold.............................    1293-AA13
----------------------------------------------------------------------------------------------------------------

_______________________________________________________________________


Department of Labor (DOL)                              Final Rule Stage


Office of the Secretary (OS)



_______________________________________________________________________




1912. 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                            03/30/04                    69 FR 16740
NPRM Comment Period End         05/14/04
Final Action                    08/00/04

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
_______________________________________________________________________




1913.  EQUAL TREATMENT IN DEPARTMENT OF LABOR PROGRAMS 
FOR FAITH-BASED AND COMMUNITY ORGANIZATIONS; PROTECTION OF RELIGIOUS 
LIBERTY OF DEPARTMENT OF LABOR SOCIAL SERVICE PROVIDERS AND 
BENEFICIARIES

Priority: Substantive, Nonsignificant

Legal Authority: EO 13279; EO 13198; Subtitle PL 105-220, subtitle C, 
sec 506(c); 12 Stat. 936 (20 USC 2881 et seq and 9276(c)); 5 USC 301

CFR Citation: 20 CFR 667(Revision); 20 CFR 670 (Revision); 29 CFR 2 
(Revision); 29 CFR 37 (Revision)

Legal Deadline: None

Abstract: The final rule would clarify, within the framework of 
constitutional guidelines, that faith-based and community organizations 
are able to participate in DOL social service programs without regard 
to their religious character or affiliation, and are able to apply for 
and compete on an equal footing with other eligible organizations to 
receive DOL support. In addition, in order to consolidate in one place 
the Department's regulations on religious activities, the final rule 
would revise both the Employment and Training Administration (ETA) 
regulation on religious services at Job Corps centers and the Workforce 
Investment Act of 1998 (WIA) regulations relating to the use of WIA 
Title I financial assistance to support employment and training in 
religious activities. DOL supports the participation of faith-based and 
community organizations in its programs.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            03/09/04                    69 FR 11234
NPRM Comment Period End         05/10/04
Final Action                    08/00/04

Regulatory Flexibility Analysis Required: No

Government Levels Affected: Federal, Local, State, Tribal

Federalism:  Undetermined

URL For More Information:
www.dol.gov/cfbci

URL For Public Comments:
www.regulations.gov/[email protected]">www.regulations.gov/[email protected]

Agency Contact: Brent Orrell, Director, Center for Faith Based and 
Community Initiatives, Department of Labor, Office of the Secretary, 
U.S. Department of Labor, 200 Constitution Avenue, NW, Room S-2235, 
Washington, DC 20210
Phone: 202 693-6450
Fax: 202 693-6146
Email: [email protected]

RIN: 1290-AA21
_______________________________________________________________________


Department of Labor (DOL)                                 Prerule Stage


Employment Standards Administration (ESA)



_______________________________________________________________________




1914. CHILD LABOR REGULATIONS, ORDERS, AND STATEMENTS OF INTERPRETATION

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

Unfunded Mandates: Undetermined

Legal Authority: 29 USC 203(1)

CFR Citation: 29 CFR 570

Legal Deadline: None

Abstract: The Department of Labor is considering further possible 
revisions to the hazardous occupation orders that may be undertaken to 
address recommendations of the National Institute for Occupational 
Safety and Health in its May 2002 report to the Department on child 
labor regulations. (See the related Plan entry for RIN: 1215-AA09.)

[[Page 37795]]

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           12/00/04

Regulatory Flexibility Analysis Required: Undetermined

Small Entities Affected:  Businesses, Governmental Jurisdictions

Government Levels Affected: Local, State

Federalism:  Undetermined

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: 202 693-1302

Related RIN: Related to 1215-AA09
RIN: 1215-AB44
_______________________________________________________________________


Department of Labor (DOL)                           Proposed Rule Stage


Employment Standards Administration (ESA)



_______________________________________________________________________




1915. DAVIS BACON VOLUNTEERS UNDER THE FEDERAL ACQUISITION STREAMLINING 
ACT

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                     11/00/04

Regulatory Flexibility Analysis Required: No

Government Levels Affected: Federal, Local, State

Agency Contact: Alfred B. Robinson, Acting Administrator, Wage and Hour 
Division, Department of Labor, Employment Standards Administration, 200 
Constitution Avenue NW., FP Building, S3502, Washington, DC 20210
Phone: 202 693-0051
Fax: 202 693-1302

RIN: 1215-AA96
_______________________________________________________________________




1916. 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 no 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                            01/00/05

Regulatory Flexibility Analysis Required: No

Government Levels Affected: Federal, Local, State

Agency Contact: Alfred B. Robinson, Acting Administrator, Wage and Hour 
Division, Department of Labor, Employment Standards Administration, 200 
Constitution Avenue NW., FP Building, S3502, Washington, DC 20210
Phone: 202 693-0051
Fax: 202 693-1302

RIN: 1215-AB13
_______________________________________________________________________




1917. 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

[[Page 37796]]

hours of work. The legislation calls for regulations to be promulgated 
as necessary, which will include amendments to some of the existing 
regulations on overtime pay.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            12/00/04

Regulatory Flexibility Analysis Required: Undetermined

Small Entities Affected:  Businesses, Organizations

Government Levels Affected: None

Agency Contact: Alfred B. Robinson, Acting Administrator, Wage and Hour 
Division, Department of Labor, Employment Standards Administration, 200 
Constitution Avenue NW., FP Building, S3502, Washington, DC 20210
Phone: 202 693-0051
Fax: 202 693-1302

RIN: 1215-AB31
_______________________________________________________________________




1918. FAMILY AND MEDICAL LEAVE ACT OF 1993; CONFORM TO THE SUPREME 
COURT'S RAGSDALE DECISION

Priority: Other Significant

Unfunded Mandates: Undetermined

Legal Authority: 29 USC 2654

CFR Citation: 29 CFR 825

Legal Deadline: None

Abstract: The U.S. Supreme Court, in Ragsdale v. Wolverine World Wide, 
Inc., 122 S. Ct. 1155 (2002), invalidated regulatory provisions issued 
under the Family and Medical Leave Act (FMLA) pertaining to the effects 
of an employer's failure to timely designate leave that is taken by an 
employee as being covered by the FMLA. The Department intends to 
propose revisions to the FMLA regulations to address issues raised by 
this and other judicial decisions.

Statement of Need: The FMLA requires covered employers to grant 
eligible employees up to 12 workweeks of unpaid, job-protected leave a 
year for specified family and medical reasons, and to maintain group 
health benefits during the leave as if the employees continued to work 
instead of taking leave. When an eligible employee returns from FMLA 
leave, the employer must restore the employee to the same or an 
equivalent job with equivalent pay, benefits, and other conditions of 
employment. FMLA makes it unlawful for an employer to interfere with, 
restrain, or deny the exercise of any right provided by the FMLA.

The FMLA regulations require employers to designate if an employee's 
use of leave is counting against the employee's FMLA leave entitlement, 
and to notify the employee of that designation (29 CFR section 
825.208). Section 825.700(a) of the regulations provides that if an 
employee takes paid or unpaid leave and the employer does not designate 
the leave as FMLA leave, the leave taken does not count against the 
employee's 12 weeks of FMLA leave entitlement.
On March 19, 2002, the U.S. Supreme Court issued its decision in 
Ragsdale v. Wolverine World Wide, Inc., 122 S. Ct. 1155 (2002). In that 
decision, the Court invalidated regulatory provisions pertaining to the 
effects of an employer's failure to timely designate leave that is 
taken by an employee as being covered by the FMLA. The Court ruled that 
29 CFR section 825.700(a) was invalid absent evidence that the 
employer's failure to designate the leave as FMLA leave interfered with 
the employee's exercise of FMLA rights. This proposed rule is being 
prepared to address issues raised by this and other judicial decisions.

Summary of Legal Basis: This rule is issued pursuant to section 404 of 
the Family and Medical Leave Act, 29 U.S.C. section 2654.

Alternatives: After completing a review and analysis of the Supreme 
Court's decision in Ragsdale and other judicial decisions, regulatory 
alternatives will be developed for notice-and-comment rulemaking.

Anticipated Cost and Benefits: The costs and benefits of this 
rulemaking action are not expected to exceed $100 million per year or 
otherwise trigger economic significance under Executive Order 12866.

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

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            03/00/05
NPRM Comment Period End         05/00/05

Regulatory Flexibility Analysis Required: Undetermined

Small Entities Affected:  Businesses, Governmental Jurisdictions, 
Organizations

Government Levels Affected: Undetermined

Federalism:  Undetermined

Agency Contact: Alfred B. Robinson, Acting Administrator, Wage and Hour 
Division, Department of Labor, Employment Standards Administration, 200 
Constitution Avenue NW., FP Building, S3502, Washington, DC 20210
Phone: 202 693-0051
Fax: 202 693-1302

RIN: 1215-AB35
_______________________________________________________________________




1919.  AFFIRMATIVE ACTION AND NONDISCRIMINATION 
OBLIGATIONS OF CONTRACTORS AND SUBCONTRACTORS FOR SPECIAL DISABLED 
VETERANS AND VETERANS OF THE VIETNAM ERA

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

Legal Authority: 38 USC 4211; 38 USC 4212; 29 USC 793; EO 11758

CFR Citation: 41 CFR 60--300

Legal Deadline: None

Abstract: OFCCP proposes to create a new regulation implementing the 
Vietnam Era Veterans' Readjustment Assistant Act (VEVRAA) 38 USC 4212, 
to conform to the Jobs for Veterans Act (JFVA). JFVA amended VEVRAA in 
four ways. First, JFVA raised contract coverage from $25,000 to 
$100,000. Second, JFVA granted VEVRAA protection to a new group of 
veterans-those who, while serving on active duty in the Armed Forces, 
participated in a United States military operation for which an Armed 
Forces Service Medal wasawarded pursuant to Executive Order 12985. 
Third, JFVA changed the definition of ``recently separated veteran'' to 
include ``any veteran during the three-year period beginning on the 
date of such veteran's discharge or released from active duty.'' 
Fourth, JFVA changed ``Special Disabled Veterans'' to ``Disabled 
Veterans,'' expanding the coverage to conform to 38 USC section 
4211(3). This proposal will also increase the AAP threshold from 
$50,000 to $100,000 and will make other minor changes to the 
regulations. The VEVRAA Final Rule implementing the Veterans Employment 
Opportunities Act of 1998 and Veterans Benefits Health Care

[[Page 37797]]

Improvement Act of 2000 at 41 CFR 60-250, is RIN 1215-AB24.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            07/00/04
Final Action                    12/00/04

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: None

Agency Contact: Joseph J. DuBray Jr., Director, Division of Policy, 
Planning and Program Development Office of Federal Contract Compliance, 
Department of Labor, Employment Standards Administration, 200 
Constitution Avenue NW., Room N-3422, FP Building, Washington, DC 20210
Phone: 202 693-0102
TDD Phone: 202 693-1308
Fax: 202 693-1304
Email: [email protected]

Related RIN: Related to 1215-AB24
RIN: 1215-AB46
_______________________________________________________________________




1920.  SERVICE CONTRACT ACT WAGE DETERMINATION ONLINE 
REQUEST PROCESS

Priority: Substantive, Nonsignificant

Legal Authority: 41 USC 351 et seq; 41 USC 38; 41 USC 39; 5 USC 301

CFR Citation: 29 CFR 4

Legal Deadline: None

Abstract: The Department of Labor is revising the Service Contract Act 
(SCA) regulations to reflect changes and improvements in the process 
for requesting SCA wage determinations through the Wage Determinations 
OnLine (WDOL) system. WDOL (www.wdol.gov) is part of the Integrated 
Acquisition Environment, one of the e-Government initiatives in the 
President's Management Agenda. The WDOL program provides a Web-based 
environment for Federal contracting agencies to use when obtaining 
appropriate wage determinations for their SCA-covered contract actions. 
The regulatory requirements set forth at 29 CFR part 4 that refer to 
the preparation and submission of Standard Form 98/98a, Notice of 
Intention to Make a Service Contract, will be revised to reflect the 
wage determination request process contemplated by the new WDOL 
program.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            11/00/04

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: Federal

Agency Contact: Alfred B. Robinson, Acting Administrator, Wage and Hour 
Division, Department of Labor, Employment Standards Administration, 200 
Constitution Avenue NW., FP Building, S3502, Washington, DC 20210
Phone: 202 693-0051
Fax: 202 693-1302

RIN: 1215-AB47
_______________________________________________________________________




1921.  STANDARDS OF CONDUCT FOR FEDERAL SECTOR UNIONS

Priority: Substantive, Nonsignificant

Legal Authority: 5 USC 7120

CFR Citation: 29 CFR 458.4 (New)

Legal Deadline: None

Abstract: This rulemaking action will revise the regulations 
implementing the standards of conduct for Federal sector unions under 
the Civil Service Reform Act of 1978 (CSRA). Under the CSRA standards 
of conduct provisions, the implementing regulations are to conform to 
the principles applied to private sector unions. Accordingly, the 
implementing regulations generally follow the provisions of the Labor-
Management Reporting and Disclosure Act of 1959, as amended (LMRDA). 
However, the standards of conduct regulations do not include one 
important provision of the LMRDA which requires unions to inform their 
members of the provisions of the statute. The proposed rule would amend 
the standards of conduct regulations to include this important 
provision.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            08/00/04

Regulatory Flexibility Analysis Required: No

Small Entities Affected: Organizations

Government Levels Affected: None

Agency Contact: Don Todd, 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-AB48
_______________________________________________________________________


Department of Labor (DOL)                              Final Rule Stage


Employment Standards Administration (ESA)



_______________________________________________________________________




1922. CHILD LABOR REGULATIONS, ORDERS, AND STATEMENTS OF INTERPRETATION 
(ESA/W-H)

Priority: Other Significant

Legal Authority: 29 USC 203(l)

CFR Citation: 29 CFR 570

Legal Deadline: None

Abstract: Section 3(l) of the Fair Labor Standards Act requires the 
Secretary of Labor to issue regulations with respect to minors between 
14 and 16 years of age ensuring that the periods and conditions of 
their employment do not interfere with their schooling, health, or 
well-being. The Secretary is also directed to designate occupations 
that are particularly hazardous for minors 16 and 17 years of age. 
Child Labor Regulation No. 3 sets forth the permissible industries and 
occupations in which 14- and 15-year-olds may be employed, and 
specifies the number of hours in a day and in a week, and time periods 
within a day, that such minors may be employed. The Department has 
invited public comment in considering whether changes in technology in 
the workplace and job content over the years require new hazardous 
occupation orders, and whether changes are needed in some of the 
applicable hazardous occupation orders. Comment has also been solicited 
on whether revisions should be considered in the permissible hours and 
time-of-day standards for 14- and 15-year-olds. Comment has been sought 
on appropriate changes required to

[[Page 37798]]

implement school-to-work transition programs. Additionally, Congress 
enacted Public Law 104-174 (August 6, 1996), which amended FLSA section 
13(c) and requires changes in the regulations under Hazardous 
Occupation Order No. 12 regarding power-driven paper balers and 
compactors, to allow 16- and 17-year-olds to load, but not operate or 
unload, machines meeting applicable American National Standards 
Institute (ANSI) safety standards and certain other conditions. 
Congress also passed the Drive for Teen Employment Act, Public Law 105-
334 (October 31, 1998), which prohibits minors under age 17 from 
driving automobiles and trucks on public roads on the job and sets 
criteria for 17-year-olds to drive such vehicles on public roads on the 
job.

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

Under the Fair Labor Standards Act, the Secretary of Labor is directed 
to provide by regulation or by order for the employment of youth 
between 14 and 16 years of age under periods and conditions which will 
not interfere with their schooling, health and well-being. The 
Secretary is also directed to designate occupations that are 
particularly hazardous for youth between the ages of 16 and 18 years or 
detrimental to their health or well-being. The Secretary has done so by 
specifying, in regulations, the permissible industries and occupations 
in which 14- and 15-year-olds may be employed, and the number of hours 
per day and week and the time periods within a day in which they may be 
employed. In addition, these regulations designate the occupations 
declared particularly hazardous for minors between 16 and 18 years of 
age or detrimental to their health or well-being.
Public comment has been invited in considering whether changes in 
technology in the workplace and job content over the years require new 
hazardous occupation orders or necessitate revision to some of the 
existing hazardous orders. Comment has also been invited on whether 
revisions should be considered in the permissible hours and time-of-day 
standards for the employment of 14- and 15-year-olds, and whether 
revisions should be considered to facilitate school-to-work transition 
programs. When issuing the regulatory proposals (after review of public 
comments on the advance notice of proposed rulemaking), the 
Department's focus was on assuring healthy, safe and fair workplaces 
for young workers, and at the same time promoting job opportunities for 
young people and making regulatory standards less burdensome to the 
regulated community.
The Department will also be considering what additional revisions to 
the hazardous occupation orders will be undertaken to address 
recommendations of the National Institute for Occupational Safety and 
Health in its May 2002 report to the Department.

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

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

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

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

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Final Rule                      11/20/91                    56 FR 58626
Final Rule Effective            12/20/91
ANPRM                           05/13/94                    59 FR 25167
ANPRM Comment Period End        08/11/94                    59 FR 40318
NPRM                            11/30/99                    64 FR 67130
NPRM Comment Period End         01/31/00
Final Action                    09/00/04

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Agency Contact: Alfred B. Robinson, Acting Administrator, Wage and Hour 
Division, Department of Labor, Employment Standards Administration, 200 
Constitution Avenue NW., FP Building, S3502, Washington, DC 20210
Phone: 202 693-0051
Fax: 202 693-1302

RIN: 1215-AA09
_______________________________________________________________________




1923. 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; 29 USC 793; EO 11758

CFR Citation: 41 CFR 60--250

Legal Deadline: None

Abstract: The regulation is a final rule that revises the current 
regulations implementing the nondiscrimination and affirmative action 
provisions of the Vietnam Era Veterans' Readjustment Assistance Act of 
1974, as amended (VEVRAA). VEVRAA requires Government contractors and

[[Page 37799]]

subcontractors to take affirmative action to employ and advance in 
employment qualified special disabled veterans and veterans of the 
Vietnam era. Today's rule makes three general types of revisions to the 
VEVRAA regulations. First, it generally conforms the VEVRAA regulations 
to the Veterans Employment Opportunities Act of 1998 (VEOA) and the 
Veterans Benefits and Health Care Improvement Act of 2000 (VBHCIA). 
Second, it removes reference to Letters of Commitment (LOC) because the 
violations formerly incorporated into the LOC are now summarized in the 
Compliance Evaluation Closure Letter. Third, it removes language about 
the effective date of the rule published in 1998 because the language 
is obsolete, and regulationsno longer contain an ``effective date'' 
paragraph. The Department of Labor has determined that this rulemaking 
need not be published as a proposed rule, as generally required by the 
Administrative Procedures Act (APA), 5 U.S.C. 553, because the 
revisions in the rule are either nondiscretionary ministerial actions 
that merely incorporate, without change, statutory amendments into the 
preexisting regulations or are rules of agency procedures or practice.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Final Rule                      10/00/04

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Agency Contact: Joseph J. DuBray Jr., Director, Division of Policy, 
Planning and Program Development Office of Federal Contract Compliance, 
Department of Labor, Employment Standards Administration, 200 
Constitution Avenue NW., Room N-3422, FP Building, Washington, DC 20210
Phone: 202 693-0102
TDD Phone: 202 693-1308
Fax: 202 693-1304
Email: [email protected]

RIN: 1215-AB24
_______________________________________________________________________




1924. 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                      09/00/04

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: Undetermined

Agency Contact: Joseph J. DuBray Jr., Director, Division of Policy, 
Planning and Program Development Office of Federal Contract Compliance, 
Department of Labor, Employment Standards Administration, 200 
Constitution Avenue NW., Room N-3422, FP Building, Washington, DC 20210
Phone: 202 693-0102
TDD Phone: 202 693-1308
Fax: 202 693-1304
Email: [email protected]

RIN: 1215-AB28
_______________________________________________________________________




1925. REQUIREMENTS FOR SECURITY OF INSURANCE OBLIGATIONS UNDER THE 
LONGSHORE AND HARBOR WORKERS' COMPENSATION ACT

Priority: Substantive, Nonsignificant

Legal Authority: 33 USC 939(a)

CFR Citation: 20 CFR 701 (Revision); 20 CFR 703

Legal Deadline: None

Abstract: The Longshore and Harbor Workers' Compensation Act (LHWCA) 
makes a covered employer liable for compensation to employees injured 
in the course of their work. An employer may satisfy this liability by 
contracting with a private insurance carrier. By statute, an insurance 
carrier must obtain authorization from the Secretary of Labor to insure 
compensation, and the Secretary may revoke authorization for good 
cause. This proposed regulation would require, as a condition to 
authorization to write LHWCA insurance, an insurance carrier in certain 
circumstances to establish that its potential LHWCA obligations are 
sufficiently secured. Obligations would be considered sufficiently 
secured if funds would be available to cover all workers' compensation 
claims in the event of adverse market conditions and the carrier's 
insolvency. A carrier could fully secure its obligations by posting 
security deposits with the Secretary. Carriers would not, however, be 
required to make this showing in states which have a guaranty fund that 
fully and immediately covers LHWCA claims in the event of a carrier's 
insolvency.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            03/15/04                    69 FR 12218
NPRM Comment Period End         05/14/04
Final Action                    12/00/04

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

[[Page 37800]]

Agency Contact: Michael Niss, Director, Division of Longshore and 
Harbor Workers' Compensation, OWCP, Department of Labor, Employment 
Standards Administration, Room C4315, 200 Constitution Ave., NW, Room 
C-4315, FP Building, Washington, DC 20210
Phone: 202 693-0038
Fax: 202 693-1380

RIN: 1215-AB38
_______________________________________________________________________




1926.  OBLIGATION TO SOLICIT RACE AND GENDER DATA FOR 
AGENCY ENFORCEMENT PURPOSES

Priority: Other Significant

Legal Authority: EO 11246; EO 11375; EO 12086; EO 13279

CFR Citation: 41 CFR 60--1

Legal Deadline: None

Abstract: The Office of Federal Contract compliance Programs (OFCCP) 
has promulgated regulations requiring covered federal contractors to 
maintain certain employment records for OFCCP compliance monitoring and 
other enforcement purposes. These regulations were amended on November 
13, 2000, to require employers to be able to identify, where possible, 
the gender, race and ethnicity of each applicant for employment. OFCCP 
promulgated this regulatory requirement to govern OFCCP compliance 
monitoring and enforcement purposes (e.g., to allow OFCCP to verify EEO 
data), consistent with the Uniform Guidelines on Employee Selection 
Procedures.
The Uniform Guidelines on Employee Selection Procedures were issued in 
1978 by the Equal Employment Opportunity Commission, the Department of 
Labor, the Department of Justice, and the predecessor to the Office of 
Personnel Management (UGESP agencies). The Uniform Guidelines on 
Employee Selection Procedures require employers to keep certain kinds 
of information and detail methods for validating tests and selection 
procedures that are found to have a disparate impact.
In 2000, the Office of Management and Budget instructed the Equal 
Employment Opportunity Commission to consult with the Department of 
Labor, the Department of Justice, and the Office of Personnel 
Management and ``evaluate the need for changes to the Questions and 
Answers accompanying the Uniform Guidelines necessitated by the growth 
of the Internet as a job search mechanism.''
 The UGESP agencies recently have promulgated interpretive guidelines 
in question and answer format to clarify how the Uniform Guidelines on 
Employee Selection Procedures apply in the context of the Internet and 
related technologies. The recent interpretive guidelines expressly 
contemplate that `[e]ach agency may provide further information, as 
appropriate, through the issuance of additional guidance or regulations 
that will allow each agency to carry out its specific enforcement 
responsibiliti

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            03/29/04                    69 FR 16446
NPRM Comment Period End         05/28/04
Final Action                    12/00/04

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Agency Contact: Joseph J. DuBray Jr., Director, Division of Policy, 
Planning and Program Development Office of Federal Contract Compliance, 
Department of Labor, Employment Standards Administration, 200 
Constitution Avenue NW., Room N-3422, FP Building, Washington, DC 20210
Phone: 202 693-0102
TDD Phone: 202 693-1308
Fax: 202 693-1304
Email: [email protected]

RIN: 1215-AB45
_______________________________________________________________________


Department of Labor (DOL)                             Long-Term Actions


Employment Standards Administration (ESA)



_______________________________________________________________________




1927. 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 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

[[Page 37801]]

which the Department proposed to incorporate into the regulations. 
Since publishing the proposed rule, Congress enacted further amendments 
to theH-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                     To Be                       Determined

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.

Agency Contact: Alfred B. Robinson, Acting Administrator, Wage and Hour 
Division, Department of Labor, Employment Standards Administration, 200 
Constitution Avenue NW., FP Building, S3502, Washington, DC 20210
Phone: 202 693-0051
Fax: 202 693-1302

RIN: 1215-AB09
_______________________________________________________________________


Department of Labor (DOL)                             Completed Actions


Employment Standards Administration (ESA)



_______________________________________________________________________




1928. DEFINING AND DELIMITING THE TERM ``ANY EMPLOYEE EMPLOYED IN A BONA 
FIDE EXECUTIVE, ADMINISTRATIVE, OR PROFESSIONAL CAPACITY'' (ESA/W-H)

Priority: Economically Significant. Major under 5 USC 801.

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

CFR Citation: 29 CFR 541

Legal Deadline: None

Abstract: These regulations set forth the criteria for exemption from 
the Fair Labor Standards Act's minimum wage and overtime requirements 
as ``executive,'' ``administrative,'' ``professional,'' and ``outside 
sales employees.'' To be exempt, employees must meet certain tests 
relating to duties and responsibilities and be paid on a salary basis 
at specified levels. A final rule increasing the salary test levels was 
published on January 13, 1981 (46 FR 3010), to become effective on 
February 13, 1981, but was indefinitely stayed on February 12, 1981 (46 
FR 11972). On March 27, 1981, a proposal to suspend the final rule 
indefinitely was published (46 FR 18998), with comments due by April 
28, 1981. As a result of numerous comments and petitions from industry 
groups on the duties and responsibilities tests, and as a result of 
case law developments, the Department concluded that a more 
comprehensive review of these regulations was needed. An ANPRM 
reopening the comment period and broadening the scope of review to 
include all aspects of the regulations was published on November 19, 
1985, with the comment period subsequently extended to March 22, 1986.
The Department has revised these regulations since the ANPRM to address 
specific issues. In 1991, as the result of an amendment to the Fair 
Labor Standards Act (FLSA), the regulations were revised to permit 
certain computer systems analysts, computer programmers, software 
engineers, and other similarly skilled professional employees to 
qualify for the exemption, including those paid on an hourly basis if 
their rates of pay exceed 6.5 times the applicable minimum wage. Also, 
in 1992 the Department issued a final rule which modified the 
exemption's requirement for payment on a ``salary basis'' for otherwise 
exempt public sector employees.
These regulations set forth the criteria for exemption from the Fair 
Labor Standards Act's minimum wage and overtime requirements 
``executive,'' ``administrative,'' ``professional,'' and ``outside 
sales employees.`` To be exempt, employees must meet certain tests 
relating to duties and responsibilities and be paid on a salary basis 
at specified levels. A final rule increasing the salary test levels was 
published on January 13, 1981 (46 FR 3010), to become effective on 
February 13, 1981, but was indefinitely stayed on February 12, 1981 (46 
FR 11972). On March 27, 1981, a proposal to suspend the final rule 
indefinitely was published (46 FR 18998), with comments due by April 
28, 1981. As a result of numerous comments and petitions from industry 
groups on the duties and responsibilities tests, and as a result of 
case law developments, the Department concluded that a more 
comprehensive review of these regulations was needed. An ANPRM 
reopening the comment period and broadening the scope of review to 
include all aspects of the regulations was published on November 19, 
1985, with the comment period subsequently extended to March 22, 1986.
The Department has revised these regulations since the ANPRM to address 
specific issues. In 1991, as the result of an amendment to the Fair 
Labor Standards Act (FLSA), the regulations were revised to permit 
certain computer systems analysts, computer programmers, software 
engineers, and other similarly skilled professional employees to 
qualify for the exemption, including those paid on an hourly basis if 
their rates of pay exceed 6.5 times the applicable minimum wage. Also, 
in 1992 the Department issued a final rule which modified the 
exemption's requirement for payment on a ``salary basis'' for otherwise 
exempt public sector employees.

Statement of Need: These regulations contain the criteria used to 
determine if an employee is exempt from the FLSA as an ``executive, 
''administrative,`` ''professional,`` or ''outside sales`` employee. 
The existing salary test levels used in determining which employees 
qualify as exempt

[[Page 37802]]

were adopted in 1975 on an interim basis. These salary level tests are 
outdated and offer little practical guidance in applying the exemption. 
In addition, numerous comments and petitions have been received from 
industry groups regarding the duties and responsibilities tests in the 
regulations, requesting a review of these regulations.

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

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

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

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

Anticipated Cost and Benefits: Some 19 to 26 million employees are 
estimated to be within the scope of these regulations. Legal 
developments in court cases are changing the guiding interpretations 
under this exemption and creating law without considering a 
comprehensive analytical approach to current compensation concepts and 
workplace practices. Clear, comprehensive, and up-to-date regulations 
would provide for central, uniform control over the application of 
these regulations and ameliorate many concerns. In the public sector, 
State and local government employers contend that the rules are based 
on production workplace environments from the 1940s and 1950s that do 
not readily adapt to contemporary government functions. The Federal 
Government also has concerns regarding the manner in which the courts 
and arbitration decisions are applying the exemption to the Federal 
workforce. Resolution of confusion over how the regulations are to be 
applied in the public sector will ensure that employees are protected, 
that employers are able to comply with their responsibilities under the 
law, and that the regulations are enforceable. Preliminary estimates of 
the specific costs and benefits of this regulatory action will be 
developed once the various regulatory alternatives are identified.

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

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Indefinite Stay of Final Rule   02/12/81                    46 FR 11972
Proposal To Suspend Rule        03/27/81                    46 FR 18998
ANPRM                           11/19/85                    50 FR 47696
Extension of ANPRM Comment 
Period                          01/17/86                     51 FR 2525
ANPRM Comment Period End        03/22/86
NPRM                            03/31/03                    68 FR 15560
NPRM Comment Period End         06/30/03
Final Action                    04/23/04                    69 FR 22122
Final Action Effective          08/23/04

Regulatory Flexibility Analysis Required: Yes

Small Entities Affected: Businesses, Governmental Jurisdictions, 
Organizations

Government Levels Affected: Federal, Local, State

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

Agency Contact: Alfred B. Robinson, Acting Administrator, Wage and Hour 
Division, Department of Labor, Employment Standards Administration, 200 
Constitution Avenue NW., FP Building, S3502, Washington, DC 20210
Phone: 202 693-0051
Fax: 202 693-1302

RIN: 1215-AA14
_______________________________________________________________________




1929. 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 September 30, 2003, the United States Court of Appeals for 
the District of Columbia Circuit issued its mandate in UAW-Labor 
Employment and Training Corp v. Chao. The court's April 22, 2003 
decision in this case had upheld Executive Order 13201 and reversed the 
January 2, 2002 decision of the United States District Court for the 
District of Columbia which had permanently enjoined the Department of 
Labor from enforcing Executive Order 13201. The final rule implementing 
E.O. 13201 was published on March 29, 2004.
This regulation implements 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 regulation, in accordance with 
E.O. 13201, also requires that, where applicable, each Government

[[Page 37803]]

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                      03/29/04                    69 FR 16376
Final Rule Effective            04/28/04

Regulatory Flexibility Analysis Required: No

Government Levels Affected: Federal

Agency Contact: Don Todd, 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
_______________________________________________________________________




1930. AMENDMENTS TO TITLE 20 PARTS 718 AND 725 THAT IMPLEMENT THE BLACK 
LUNG BENEFITS ACT

Priority: Substantive, Nonsignificant

Legal Authority: 5 USC 301; Reorganization Plan No. 6 of 1950; 15 FR 
3174; 30 USC 901, et seq, 902(f), 934, 936, 945; 33 USC 901 et seq; 42 
USC 405; Secretary's Order 7-87; 52 FR 48466; Employment Standards 
Order No. 90-02; . . .

CFR Citation: 20 CFR 718.2; 20 CFR 725.2; 20 CFR 725.459

Legal Deadline: None

Abstract: The amendments implement National Mining Ass'n v. Department 
of Labor, 292 F.3d 849 (D.C. Cir. 2002) which invalidated a portion of 
20 CFR 725.459 and required several other provisions which became 
effective in January 2001 to be prospective only in their application.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Final Rule                      12/15/03                    68 FR 69930
Final Rule Effective            12/15/03

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Agency Contact: James L. DeMarce, Director, Division of Coal Mine 
Workers' Compensation, Department of Labor, Employment Standards 
Administration, Room C3520, 200 Constitution Avenue NW, FP Building, 
Washington, DC 20210
Phone: 202 693-0046
Fax: 202 693-1398
Email: [email protected]

RIN: 1215-AB40
_______________________________________________________________________


Department of Labor (DOL)                                 Prerule Stage


Employment and Training Administration (ETA)



_______________________________________________________________________




1931. 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 no comments in response to the March 1, 1998, 
interim final rule, but through consultation received feedback on the 
interim final rule from 14 interested parties. None of these would 
substantively change the regulations. Because authority to spend WtW 
funds will expire on September 30, 2004, we have decided not to 
finalize the interim final rule. Instead, we will remove 20 CFR part 
646 following closeout of these grants.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              04/01/98                    63 FR 15985
Interim Final Rule Effective    04/01/98
Interim Final Rule Comment 
Period End                      06/01/98
To Be Repealed                  06/00/05

Regulatory Flexibility Analysis Required: No

Government Levels Affected: Tribal

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

[[Page 37804]]

_______________________________________________________________________


Department of Labor (DOL)                           Proposed Rule Stage


Employment and Training Administration (ETA)



_______________________________________________________________________




1932. 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 State UC information. The NPRM 
would modify and expand the regulations implementing the Income and 
Eligibility Verification System (IEVS) to include statutory 
requirements in title III of the Social Security Act and the Federal 
Unemployment Tax Act concerning confidentiality and disclosure of State 
UC information. The use of UC wage records and other information under 
these and other statutes has increased in recent years while privacy 
and confidentiality issues have not yet been fully addressed.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            07/00/04

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: State

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

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

Agency Contact: Gerard Hildebrand, Chief, Division of Legislation, 
Department of Labor, Employment and Training Administration, Office of 
Workforce Security, 200 Constitution Avenue NW., Room C-4518, 
Washington, DC 20210
Phone: 202 693-3038
Email: [email protected]

RIN: 1205-AB18
_______________________________________________________________________




1933. TRADE ADJUSTMENT ASSISTANCE FOR WORKERS

Priority: Other Significant

Legal Authority: 19 USC 2320; Secretary's Order No. 3-81, 46 FR 31117

CFR Citation: 29 CFR 90; 20 CFR 617; 20 CFR 618; 20 CFR 665; 20 CFR 
671; . . .

Legal Deadline: None

Abstract: The Trade Act of 2002, enacted on August 6, 2002, contains 
provisions amending title 2, chapter 2 of the Trade Act of 1974, 
entitled Adjustment Assistance for Workers. The amendments, effective 
90 days from enactment (November 4, 2002), make additions to where and 
by whom a petition may be filed, expand eligibility to workers whose 
production has been shifted to certain foreign countries and to worker 
groups secondarily affected, and make substantive amendments regarding 
trade adjustment assistance (TAA) program benefits.
It is the agency's intention to create a new 20 CFR part 618 to 
incorporate the amendments and be written in plain English, while 
amending WIA regs at 20 CFR parts 665 and 671 regarding Rapid Response 
and National Emergency Grants as they relate to the TAA program.

Statement of Need: The Trade Act of 2002, enacted August 6, 2002, 
repeals the North American Free Trade Agreement-Transitional Adjustment 
Assistance provisions for workers affected by the NAFTA Implementation 
Act and adds significant amendments to worker benefits under Trade 
Adjustment Assistance for Workers, as provided for in the Trade Act of 
1974.

The Department is mandated to implement the amendments in 90 days from 
enactment, November 4, 2002. The 2002 Trade Act amends where and by 
whom a petition may be filed. Program benefits for TAA eligible 
recipients are expanded to include for the first time a health care tax 
credit, and eligible recipients now include secondarily affected 
workers impacted by foreign trade. Income support is extended by 26 
weeks and by up to one year under certain conditions. Waivers of 
training requirements in order to receive income support are explicitly 
defined. Job search and relocation benefit amounts are increased. 
Within one year of enactment, the amendments offer an Alternative TAA 
Program for Older Workers that targets older worker groups at firms who 
are certified as TAA eligible and provides the option of a wage 
supplement instead of training, job search, and income support.
State agencies rely on the regulations to make determinations as to 
individual eligibility for TAA program benefits. TAA program 
regulations as written have been described as complicated to interpret. 
With the new TAA program benefit amendments contained in the Trade Act 
of 2002, it is imperative that the regulations be in an easy to read 
and understandable format.

Summary of Legal Basis: These regulations are authorized by the Trade 
Act of 2002 amendments to the Trade Act of 1974.

Alternatives: The public will be afforded an opportunity to provide 
comments on the TAA program changes when the Department publishes the 
interim final rule in the Federal Register.

Anticipated Cost and Benefits: Preliminary estimates of the anticipated 
costs of this regulatory action have not been determined at this time 
and will be determined at a later date.

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

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            08/00/04

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: Federal, State

Agency Contact: Timothy F. Sullivan, Trade Adjustment Assistance, 
Department of Labor, Employment and Training Administration, Room 
S4231, 200 Constitution Avenue NW, FP Building, C5311, Washington, DC 
20210
Phone: 202 693-3708
Email: [email protected]

RIN: 1205-AB32

[[Page 37805]]

_______________________________________________________________________




1934. POST-ADJUDICATION AUDITS OF H-2B PETITIONS OTHER THAN LOGGING IN 
THE UNITED STATES

Priority: Other Significant

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

CFR Citation: 8 CFR 214.2(h)(5); 20 CFR 655.1 to 655.4

Legal Deadline: None

Abstract: Under the redesigned H-2B temporary nonagricultural program 
employers seeking to import H-2B workers, except for applications filed 
for employment on Guam or in logging, will file directly with the 
Department of Homeland Security (DHS). The employer will be required to 
conduct recruitment before filing its petition. The petition will 
include a number of attestations concerning labor market and related 
issues. DHS will administer the petition adjudication process. After 
adjudication, the Department of Labor (DOL) will audit selected 
approved petitions. In such audits, DOL will exclusively examine 
whether the employer has complied with those aspects of the approved 
petition related to the labor market and other related attestations. 
Employers will be expected to have documentation available supporting 
their attestations as specified in the regulation and will be required 
to provide this supporting documentation to DOL within 30 days from 
notice of audit. If, after completion of the audit, DOL determines that 
the employer has failed to comply with the terms of the attestations 
contained in the DHS petition or made material misrepresentations in 
its attestation, DOL will, after notice to the employer and opportunity 
for a hearing, recommend to DHS that the employer be debarred, for a 
period up to three years.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            09/00/04

Regulatory Flexibility Analysis Required: No

Government Levels Affected: State

Agency Contact: William L. Carlson, Chief, Division of Foreign Labor 
Certification, Department of Labor, Employment and Training 
Administration, 200 Constitution Avenue NW., Room C4318 FP Building, 
Washington, DC 20210
Phone: 202 693-3989
Fax: 202 693-2760
Email: [email protected]

RIN: 1205-AB36
_______________________________________________________________________




1935.  LABOR CONDITION APPLICATIONS FOR EMPLOYERS 
USING NONIMMIGRANTS ON H-1B VISAS IN SPECIALTY OCCUPATIONS AND AS 
FASHION MODELS; FILING PROCEDURES

Priority: Other Significant

Legal Authority: 8 USC 1182(n)

CFR Citation: 20 CFR 655.720; 20 CFR 655.730

Legal Deadline: None

Abstract: Currently, Department of Labor Regulations (hereinafter 
Department or DOL) allows employers to file labor condition 
applications (LCA) electronically, by facsimile transmission (FAX), and 
by mail. The Department seeks comments on a proposal to eliminate the 
provision that allows employers to file LCAs by (FAX). Employers that 
could not file LCAs electronically due to physical impairments would be 
allowed to submit LCAs by mail. The Rulemaking would also inform 
employers of an impending change in address for the submission of LCA 
by mail. The Department believes the e-filing process will ensure 
expeditious processing of H-2B petitions and limit the number of 
potentially incomplete applications. In addition it will ease the 
filing burden on employers. Through e-filing the Department will be 
better able to capture statistics and analyze H-1B program data to 
identify areas that need improvement as well as any fraud or abuse that 
may lead to future administrative, civil or criminal enforcement 
actions against H-1B employers or alien beneficiaries.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            11/00/04
NPRM Comment Period End         12/00/04

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Agency Contact: William L. Carlson, Chief, Division of Foreign Labor 
Certification, Department of Labor, Employment and Training 
Administration, 200 Constitution Avenue NW., Room C4318 FP Building, 
Washington, DC 20210
Phone: 202 693-3989
Fax: 202 693-2760
Email: [email protected]

RIN: 1205-AB39
_______________________________________________________________________


Department of Labor (DOL)                              Final Rule Stage


Employment and Training Administration (ETA)



_______________________________________________________________________




1936. LABOR CERTIFICATION PROCESS FOR THE PERMANENT EMPLOYMENT OF ALIENS 
IN THE UNITED STATES

Priority: Other Significant

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

CFR Citation: 20 CFR 656

Legal Deadline: None

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

Statement of Need: The labor certification process has been described 
as being complicated, costly and time consuming. Due to the increases 
in the volume of applications received and a lack of adequate 
resources, it can take up to 2 years or more to complete processing an 
application. The process also requires substantial State and Federal 
resources to administer and is reportedly costly and burdensome to 
employers as well. Cuts in Federal funding for both the permanent labor 
certification program and the U.S. Employment Service have made it 
difficult for State and Federal administrators to keep up with the

[[Page 37806]]

process. ETA, therefore, is taking steps to improve effectiveness of 
the various regulatory requirements and the application processing 
procedures, with a view to achieving savings in resources both for the 
Government and employers, without diminishing protections now afforded 
U.S. workers by the current regulatory and administrative requirements.

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

Alternatives: Regulatory alternatives are now being developed by the 
Department. The public was afforded an opportunity to comment on the 
Department's plans for streamlining the permanent labor certification 
process in a notice of proposed rulemaking which was published in the 
Federal Register on May 6, 2002.

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

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

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            05/06/02                    67 FR 30465
NPRM Comment Period End         07/05/02                    67 FR 30466
Final Action                    07/00/04

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: Federal, State

Agency Contact: William L. Carlson, Chief, Division of Foreign Labor 
Certification, Department of Labor, Employment and Training 
Administration, 200 Constitution Avenue NW., Room C4318 FP Building, 
Washington, DC 20210
Phone: 202 693-3989
Fax: 202 693-2760
Email: [email protected]

RIN: 1205-AA66
_______________________________________________________________________




1937.  LABOR CERTIFICATION FOR THE PERMANENT 
EMPLOYMENT OF ALIENS IN THE UNITED STATES; BACKLOG REDUCTION

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

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

CFR Citation: 20 CFR 656

Legal Deadline: None

Abstract: Seeks comment on a proposed amendment to the regulations 
governing labor certification applications for the permanent employment 
of aliens in the United States. To reduce an existing backlog in 
pending applications for permanent employment certification, the 
amendment would allow that National Certifying Officer to transfer to a 
centralized ETA processing center(s) applications that are awaiting 
processing by State Workforce Agencies (SWA's) or ETA Regional Offices 
or ETA regional offices.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              07/00/04

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Agency Contact: William L. Carlson, Chief, Division of Foreign Labor 
Certification, Department of Labor, Employment and Training 
Administration, 200 Constitution Avenue NW., Room C4318 FP Building, 
Washington, DC 20210
Phone: 202 693-3989
Fax: 202 693-2760
Email: [email protected]

RIN: 1205-AB37
_______________________________________________________________________




1938.  LABOR CONDITION APPLICATIONS AND REQUIREMENTS 
FOR EMPLOYERS USING NONIMMIGRANTS ON H-1B VISAS IN SPECIALTY OCCUPATIONS 
AND AS FASHION MODELS; LABOR ATTESTATIONS RE H-1B VISAS AND CHILE AND 
SINGAPORE

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

Legal Authority: PL 108-77 sec 402; PL 108-78 sec 402

CFR Citation: Not Yet Determined

Legal Deadline: None

Abstract: The Department of Labor intends to amend its regulations 
relating to the temporary employment of foreign professionals to 
implement procedural requirements applicable to a new visa category - 
the H-1B1 visa. Congress created the new visa category as part of its 
approval of the Chile-United States Free Trade Agreement and the 
Singapore-United States Free Trade Agreement. Under the implementing 
legislation and the Chile and Singapore agreements, the H-1B1 program 
is to be implemented in a manner similar to the existing H-1B program 
for temporary employment in specialty occupations and as fashion 
models. Employers in the United States seeking to temporarily employ 
foreign professionals in specialty occupations through H-1B1 visas must 
file a labor condition application with the Department of Labor making 
the same attestations regarding payment of prevailing wages, working 
conditions, absence of strikes or lockouts, and notice to other 
employees that employers currently make when seeking entry of a foreign 
worker under the H-1B program.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              08/00/04

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Agency Contact: William L. Carlson, Chief, Division of Foreign Labor 
Certification, Department of Labor, Employment and Training 
Administration, 200 Constitution Avenue NW., Room C4318 FP Building, 
Washington, DC 20210
Phone: 202 693-3989
Fax: 202 693-2760
Email: [email protected]

RIN: 1205-AB38

[[Page 37807]]

_______________________________________________________________________


Department of Labor (DOL)                             Long-Term Actions


Employment and Training Administration (ETA)



_______________________________________________________________________




1939. 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 Comment 
Period End                      09/21/00
Interim Final Rule Effective    09/21/00


Next Action Undetermined

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: State, Local, Federal

Agency Contact: Michael Ginley, Director, Office of Enforcement Policy, 
Department of Labor, Room S3510, 200 Constitution Avenue NW, FP 
Building, Room S3510, Washington, DC 20210
Phone: 202 693-0745

RIN: 1205-AB27
_______________________________________________________________________


Department of Labor (DOL)                             Completed Actions


Employment and Training Administration (ETA)



_______________________________________________________________________




1940. SENIOR COMMUNITY SERVICE EMPLOYMENT PROGRAM

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

Legal Authority: 42 USC 3056(b)(2)

CFR Citation: 20 CFR 641

Legal Deadline: None

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

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

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

Alternatives: The public provided comments on changes to the statute 
due to the Older Americans Act Amendments of 2000 during Town Hall 
meetings held throughout the country in spring 2001. The public also 
will be afforded an opportunity to comment on the Department's plans 
for implementing the Amendments in a notice of proposed rulemaking that 
was published in the Federal Register on April 28, 2003. The Final Rule 
was published on April 9, 2004.

Anticipated Cost and Benefits: Preliminary estimates of the anticipated 
costs of this regulatory action have not been determined at this time 
and will be determined at a later date.

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

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            04/28/03                    68 FR 22520
NPRM Comment Period End         06/12/03
Final Rule                      04/09/04                    69 FR 19014
Final Rule Effective            05/10/04

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: Federal, Local, State, Tribal

Federalism:  Undetermined

Agency Contact: Ria Moore Benedict, Programs, Department of Labor, 
Employment and Training Administration, 200 Constitution Avenue NW., FP 
Building, Room N5306, Washington, DC 20210
Phone: 202 693-3198
Fax: 202 693-3817
Email: [email protected]

RIN: 1205-AB28

[[Page 37808]]

_______________________________________________________________________


Department of Labor (DOL)                                 Prerule Stage


Employee Benefits Security Administration (EBSA)



_______________________________________________________________________




1941. PROHIBITED TRANSACTION EXEMPTION PROCEDURES (SECTION 610 REVIEW)

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

Unfunded Mandates: Undetermined

Legal Authority: 29 USC 1135; 29 USC 1108 (a); Reorganization Plan No. 
4 or 1978; Secretary of Labor's Order 1-2003

CFR Citation: 29 CFR 2570.30 to 2570.52

Legal Deadline: None

Abstract: EBSA is conducting a review of the prohibited transaction 
exemption procedures regulation in accordance with the requirements of 
Section 610 of the Regulatory Flexibility Act. The review will cover 
the continued need for the rules; the nature of complaints or comments 
received from the public concerning the rules; the complexity of the 
rules; the extent to which the rules overlap, duplicate or conflict 
with other Federal rules and, to the extent feasible, with State and 
local rules; and the extent to which technology, economic conditions, 
or other factors have changed in industries affected by the rules. EBSA 
is preparing a Request for Information, which will invite interested 
persons to submit written comments on the regulation.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Begin Review                    12/01/03
RFI                             09/00/04
End Review                      12/00/04

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: Undetermined

Agency Contact: Brian Burniski, Pension Law Specialist, Department of 
Labor, Employee Benefits Security Administration, 200 Constitution 
Avenue NW., Room N5649, Washington, DC 20210
Phone: 202 693-8540

RIN: 1210-AA98
_______________________________________________________________________




1942. STATUTORY EXEMPTION FOR LOANS TO PLAN PARTICIPANTS (SEC. 610 
REVIEW)

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

Unfunded Mandates: Undetermined

Legal Authority: 29 USC 1135; 29 USC 1108 (b)(1)

CFR Citation: 29 CFR 2550.408 b--1

Legal Deadline: None

Abstract: EBSA is conducting a review of the participant loan rules 
under section 408(b)(1) of ERISA in accordance with the requirements of 
section 610 of the Regulatory Flexibility Act. The review will cover 
the continued need for the rules; the nature of complaints or comments 
received from the public concerning the rules; the complexity of the 
rules; the extent to which the rules overlap, duplicate, or conflict 
with other Federal rules, and to the extent feasible, with State and 
local rules; and the extent to which technology, economic conditions, 
or other factors have changed in industries affected by the rules.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Begin Review                    12/01/03
End Review                      12/00/04

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: Undetermined

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

RIN: 1210-AA99
_______________________________________________________________________


Department of Labor (DOL)                           Proposed Rule Stage


Employee Benefits Security Administration (EBSA)



_______________________________________________________________________




1943. SUSPENSION OF BENEFITS REGULATION

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

Unfunded Mandates: Undetermined

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

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                            12/00/04

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: Undetermined

Federalism:  Undetermined

Agency Contact: Susan G. Lahne, Senior Pension Law Specialist, 
Department of Labor, Employee Benefits Security Administration, Room 
N5669, 200 Constitution Avenue NW., FP Building, Washington, DC 20210
Phone: 202 693-8500

RIN: 1210-AA96
_______________________________________________________________________




1944. RULEMAKING RELATING TO TERMINATION OF ABANDONED INDIVIDUAL ACCOUNT 
PLANS

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

Legal Authority: 29 USC 1135; 29 USC 1002(16)(A)

CFR Citation: 29 CFR 2591

Legal Deadline: None

Abstract: This rulemaking will establish a procedure and standards for 
distributing the benefits of individual account plans that have been 
abandoned by their sponsoring employers or plan administrators.

Statement of Need: Thousands of individual account plans have, for a 
variety of reasons, been abandoned by their sponsors, creating problems 
for plan participants, administrators, financial institutions (e.g., 
banks, insurance companies, mutual funds), the courts and the Federal 
government. At present, the potential liability and costs attendant to 
terminating such plans and distributing the assets inhibits financial 
institutions and others from taking on this responsibility. Due to 
ongoing administrative costsand other factors, the continued 
maintenance of such plans is often not in the interest of the

[[Page 37809]]

participants and beneficiaries. This rulemaking will establish a 
procedure for a financial institution that holds the assets of such a 
plan to terminate the plan and distribute its assets to the 
participants and beneficiaries. The rulemaking will also include 
standards for determining when plans may be terminated pursuant to this 
procedure and for carrying out the functions necessary to distribute 
benefits and shut down plan operations.

Summary of Legal Basis: Section 505 of ERISA provides that the 
Secretary may prescribe such regulations as the Secretary finds 
necessary and appropriate to carryout the provisions of title I of the 
Act. Section 403(d)(1) provides that, upon termination of such a plan, 
the assets shall be distributed generally in accordance with the 
provisions that apply to defined benefit plans, ``except as otherwise 
provided in regulations of the Secretary.'' ERISA section 3(16)(A) 
permits the Secretary to issue regulations designating an administrator 
for a plan where the plan document makes no designation and the plan 
sponsor cannot be identified.

Alternatives: Alternatives will be considered following a determination 
of the scope and nature of the regulatory guidance needed by the 
public.

Anticipated Cost and Benefits: Preliminary estimates of the anticipated 
costs and benefits will be developed, as appropriate, following a 
determination regarding the alternatives to be considered.

Risks: Failure to provide guidance in this area will leave the 
retirement benefits of participants and beneficiaries in abandoned 
plans at risk of being significantly diminished by ongoing plan 
administrative expenses, rather than distributed to participants and 
beneficiaries in connection with a timely and orderly termination of 
the plan.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            10/00/04

Regulatory Flexibility Analysis Required: Undetermined

Small Entities Affected:  Businesses, Organizations

Government Levels Affected: None

Agency Contact: Jeffrey Turner, Senior Pension Law Specialist, 
Department of Labor, Employee Benefits Security Administration, N 5669, 
200 Constitution Avenue NW, Room N5669, FP Building, Washington, DC 
20210
Phone: 202 693-8500

RIN: 1210-AA97
_______________________________________________________________________




1945.  ANNUAL FUNDING NOTICE FOR MULTIEMPLOYER PLANS

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

Unfunded Mandates: Undetermined

Legal Authority: 29 USC 1021(f); PL 108-218; ERISA sec 101(f); ERISA 
sec 505

CFR Citation: 29 CFR 2520

Legal Deadline: Final, Statutory, April 10, 2005, PL 108-218 sec 
103(a).

Abstract: This rulemaking implements the requirements of section 103 of 
the Pension Funding Equity Act of 2004, which amended section 101 of 
ERISA by adding a new subsection (f) that requires the administrator of 
a defined benefit multiemployer plan to provide participants, 
beneficiaries, and other parties with an annual funding notice 
indicating, among other things, whether the plan's funded current 
liability percentage is at least 100 percent.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            09/00/04
NPRM Comment Period End         10/00/04

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: Undetermined

Agency Contact: Jeffrey Turner, Senior Pension Law Specialist, 
Department of Labor, Employee Benefits Security Administration, N 5669, 
200 Constitution Avenue NW, Room N5669, FP Building, Washington, DC 
20210
Phone: 202 693-8500

RIN: 1210-AB00
_______________________________________________________________________




1946.  CIVIL PENALTY FOR FAILURE TO PROVIDE SECTION 
302 NOTICE

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

Unfunded Mandates: Undetermined

Legal Authority: 29 USC 1132(c)(4); PL 108-218; ERISA sec 502(c)(4); 
ERISA sec 505

CFR Citation: 29 CFR 2560

Legal Deadline: None

Abstract: This rulemaking implements the civil penalty provisions in 
section 103 of the Pension Funding Equity Act of 2004 (PFEA), which 
amended section 502(c)(4) of ERISA to permit the Secretary of Labor to 
assess a civil penalty of not more than $1,000 a day for each violation 
by any person of the notice requirement in section 302(b)(7)(F)(vi) of 
ERISA, also added by the PFEA, relating to an election for deferral of 
charge for portion of net experience loss. Pursuant to section 101 of 
Presidential Reorganization Plan No.4 of 1978, 43 FR 47713 (Oct. 17, 
1978), all authority of the Secretary of Labor to issue regulations, 
rulings, opinions, variances and waivers under Parts 2 and 3 of 
Subtitle B of Title I, including section 302 of ERISA, has been 
transferred to the Secretary of the Treasury.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            09/00/04
NPRM Comment Period End         10/00/04

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: Undetermined

Agency Contact: Jeffrey Turner, Senior Pension Law Specialist, 
Department of Labor, Employee Benefits Security Administration, N 5669, 
200 Constitution Avenue NW, Room N5669, FP Building, Washington, DC 
20210
Phone: 202 693-8500

RIN: 1210-AB01

[[Page 37810]]

_______________________________________________________________________


Department of Labor (DOL)                              Final Rule Stage


Employee Benefits Security Administration (EBSA)



_______________________________________________________________________




1947. REGULATIONS IMPLEMENTING THE HEALTH CARE ACCESS, PORTABILITY, AND 
RENEWABILITY PROVISIONS OF THE HEALTH INSURANCE PORTABILITY AND 
ACCOUNTABILITY ACT OF 1996

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

Unfunded Mandates: Undetermined

Legal Authority: 29 USC 1027; 29 USC 1059; 29 USC 1135; 29 USC 1171; 29 
USC 1172; 29 USC 1191c

CFR Citation: 29 CFR 2590

Legal Deadline: Other, Statutory, April 1, 1997, Interim Final Rule.

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

Statement of Need: In general, the health care portability provisions 
in part 7 of ERISA provide for increased portability and availability 
of group health coverage through limitations on the imposition of any 
preexisting condition exclusion and special enrollment rights in group 
health plans after loss of other health coverage or a life event. Plan 
sponsors, administrators and participants need guidance from the 
Department with regard to how they can fulfill their respective 
obligations under these statutory provisions.

Summary of Legal Basis: Part 7 of ERISA specifies the portability and 
other requirements for group health plans and health insurance issuers. 
Section 734 of ERISA provides that the Secretary may promulgate such 
regulations as may be necessary or appropriate to carry out the 
provisions of part 7 of ERISA. In addition, section 505 of ERISA 
authorizes the Secretary to issue regulations clarifying the provisions 
of title I of ERISA.

Risks: Failure to provide guidance concerning part 7 of ERISA may 
impede compliance with the law.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              04/08/97                    62 FR 16894
Interim Final Rule Effective    06/07/97
Interim Final Rule Comment 
Period End                      07/07/97
Request for Information         10/25/99                    64 FR 57520
Comment Period End              01/25/00
Final Rule                      11/00/04

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Agency Contact: Amy Turner, Pension Law Specialist, Department of 
Labor, Employee Benefits Security Administration, Room N5677, 200 
Constitution Avenue NW, FP Building, Washington, DC 20210
Phone: 202 693-8335

RIN: 1210-AA54
_______________________________________________________________________




1948. 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; PL 107-313; 29 USC 1027; 29 USC 1059; 29 USC 1181; 29 USC 
1183; 29 USC 1185

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 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. The Department of Labor has amended the 
interim final regulations, in consultation with the Departments of the 
Treasury and Health and Human Services, conforming the regulatory 
sunset date to the current statutory sunset date of December 31, 2004.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              12/22/97                    62 FR 66932
Interim Final Rule Amendment 
Effective                       09/30/01
Interim Final Rule Amendment    09/27/02                    67 FR 60859
Interim Final Rule Amendment 
Effective                       12/02/02                    68 FR 18048
Interim Final Rule Amendment    04/14/03                    68 FR 18048
Interim Final Rule Amendment    01/26/04                     69 FR 3816
Final Action                    04/00/05

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Agency Contact: Mark Connor, Supervisory Pension Law Specialist, 
Department of Labor, Employee Benefits Security Administration, Room 
C5331, 200 Constitution Avenue NW., FP Building, Washington, DC 20210
Phone: 202 693-8335

RIN: 1210-AA62
_______________________________________________________________________




1949. 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                    03/00/05

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

[[Page 37811]]

Agency Contact: Amy Turner, Pension Law Specialist, Department of 
Labor, Employee Benefits Security Administration, Room N5677, 200 
Constitution Avenue NW, FP Building, Washington, DC 20210
Phone: 202 693-8335

RIN: 1210-AA63
_______________________________________________________________________




1950. 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
Request for Information Comment 
Period End                      06/28/99
Interim Final Rule              06/00/05

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

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

RIN: 1210-AA75
_______________________________________________________________________




1951. PROHIBITING DISCRIMINATION AGAINST PARTICIPANTS AND BENEFICIARIES 
BASED ON HEALTH STATUS

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

Legal Authority: 29 USC 1027; 29 USC 1059; 29 USC 1135; 29 USC 1182; 29 
USC 1191c; 29 USC 1194

CFR Citation: 29 CFR 2590.702

Legal Deadline: None

Abstract: Section 702 of the Employee Retirement Income Security Act of 
1974, amended by the Health Insurance Portability and Accountability 
Act of 1996 (HIPAA), establishes that a group health plan or a health 
insurance issuer may not establish rules for eligibility (including 
continued eligibility) of any individual to enroll under the terms of 
the plan based on any health status-related factor. These provisions 
are also contained in the Internal Revenue Code under the jurisdiction 
of the Department ofthe Treasury, and the Public Health Service Act 
under the jurisdiction of the Department of Health and Human Services.
On April 8, 1997, the Department, in conjunction with the Departments 
of the Treasury and Health and Human Services (collectively, the 
Departments) published interim final regulations implementing the 
nondiscrimination provisions of HIPAA. These regulations can be found 
at 26 CFR 54.9802-1 (Treasury), 29 CFR 2590.702 (Labor), and 45 CFR 
146.121 (HHS). That notice of rulemaking also solicited comments on the 
nondiscrimination provisions and indicated that the Departments intend 
to issue further regulations on the nondiscrimination rules. This 
rulemaking contains additional regulatory interim guidance under 
HIPAA's nondiscrimination provisions. In addition, the rulemaking 
contains proposed guidance on bona fide wellness programs.

Statement of Need: Part 7 of ERISA provides that group health plans and 
health insurance issuers may not establish rules for eligibility 
(including continued eligibility) of any individual to enroll under the 
terms of the plan based on any health status-related factor. Plan 
sponsors, administrators, and participants need additional guidance 
from the Department with regard to how they can fulfill their 
respective obligations under these statutory provisions.

Summary of Legal Basis: Section 702 of ERISA specifies the respective 
nondiscrimination requirements for group health plans and health 
insurance issuers. Section 734 of ERISA provides that the Secretary may 
promulgate such regulations as may be necessary or appropriate to carry 
out the provisions of part 7 ERISA. In addition, section 505 of ERISA 
authorizes the Secretary to issue regulations clarifying the provisions 
of title I of ERISA.

Risks: Failure to provide guidance concerning part 7 of ERISA may 
impede compliance with the law.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              04/08/97                    62 FR 16894
Interim Final Rule Comment 
Period End                      07/07/97
NPRM                            01/08/01                     66 FR 1421
NPRM Comment Period End         04/09/01
Second Interim Final Rule       01/08/01                     66 FR 1378
Interim Final Rule Comment 
Period End                      04/09/01
Final Rule                      12/00/04

Regulatory Flexibility Analysis Required: No

Government Levels Affected: Undetermined

Additional Information: This item has been split off from RIN 1210-
AA54.

Agency Contact: Amy Turner, Pension Law Specialist, Department of 
Labor, Employee Benefits Security Administration, Room N5677, 200 
Constitution Avenue NW, FP Building, Washington, DC 20210
Phone: 202 693-8335

RIN: 1210-AA77
_______________________________________________________________________




1952. 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 (PL 107-16).

[[Page 37812]]

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 has issued 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 (RFI)   01/07/03                      68 FR 992
NPRM                            03/02/04                     69 FR 9899
NPRM Comment Period End         04/01/04                     69 FR 9900
Final Action                    07/00/04

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: Undetermined

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

RIN: 1210-AA92
_______________________________________________________________________




1953. ELECTRONIC FILING BY INVESTMENT ADVISERS

Priority: Substantive, Nonsignificant

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

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 section 
3(38) of ERISA.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            12/09/03                    68 FR 68709
NPRM Comment Period End         02/09/04
Final Action                    08/00/04

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: Undetermined

Agency Contact: Florence Novellino-Ott, Pension Law Specialist, 
Department of Labor, Employee Benefits Security Administration, 200 
Constitution Avenue NW, FP Building, Washington, DC 20210
Phone: 202 693-8500

RIN: 1210-AA94
_______________________________________________________________________


Department of Labor (DOL)                             Long-Term Actions


Employee Benefits Security Administration (EBSA)



_______________________________________________________________________




1954. 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 regulation would set forth standards for determining 
``adequate consideration'' under section 3(18) of ERISA for assets 
other than securities for which there is a generally recognized market.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

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


Next Action Undetermined

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: None

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

RIN: 1210-AA15
_______________________________________________________________________


Department of Labor (DOL)                             Completed Actions


Employee Benefits Security Administration (EBSA)



_______________________________________________________________________




1955. RULEMAKING RELATING TO NOTICE REQUIREMENTS FOR CONTINUATION OF 
HEALTH CARE COVERAGE

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

Unfunded Mandates: Undetermined

Legal Authority: 29 USC 1135; 29 USC 1166

CFR Citation: 29 CFR 2590

Legal Deadline: None

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

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

Summary of Legal Basis: Section 606 of ERISA specifies the respective 
notification requirements for employers, employees, plan

[[Page 37813]]

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

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

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

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

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           09/23/97                    62 FR 49894
ANPRM Comment Period End        11/24/97
NPRM                            05/28/03                    68 FR 31832
NPRM Comment Period End         07/28/03
Final Action                    05/26/04                    69 FR 30084
Final Action Effective          07/26/04

Regulatory Flexibility Analysis Required: Yes

Small Entities Affected: Businesses, Organizations

Government Levels Affected: None

Agency Contact: Susan G. Lahne, Senior Pension Law Specialist, 
Department of Labor, Employee Benefits Security Administration, Room 
N5669, 200 Constitution Avenue NW., FP Building, Washington, DC 20210
Phone: 202 693-8500

RIN: 1210-AA60
_______________________________________________________________________


Department of Labor (DOL)                                 Prerule Stage


Mine Safety and Health Administration (MSHA)



_______________________________________________________________________




1956. RESPIRABLE CRYSTALLINE SILICA STANDARD

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

Legal Authority: 30 USC 811; 30 USC 813

CFR Citation: 30 CFR 70; 30 CFR 71; 30 CFR 90; 30 CFR 72; 30 CFR 58; . 
. .

Legal Deadline: None

Abstract: Current standards limit exposures to quartz (crystalline 
silica) in respirable dust. The coal mining industry standard is based 
on the formula 10mg/m3 divided by the percentage of quartz where the 
quartz percent is 5.0 percent or greater calculated as an MRE 
equivalent concentration. The metal and nonmetal mining industry 
standard is based on the 1973 American Conference of Governmental 
Industrial Hygienists (ACGIH) Threshold Limit Values formula: 10 mg/m3 
divided by the percentage of quartz plus 2. Overexposure to crystalline 
silica can result in some miners developing silicosis which may 
ultimately be fatal. Both formulas are designed to maintain exposures 
to 0.1 mg/m3 (100 ug) of silica.
The Secretary of Labor's Advisory Committee on the Elimination of 
Pneumoconiosis Among Coal Mine Workers made several recommendations 
related to reducing exposure to silica. NIOSH and ACGIH recommend a 
50ug/ m3 exposure limit for respirable crystalline silica. MSHA is 
considering several options to reduce miners' exposure to crystalline 
silica.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Request for Information         07/00/04

Regulatory Flexibility Analysis Required: Undetermined

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, Room 2350, Arlington, VA 22209
Phone: 202 693-9440
Fax: 202 693-9441
Email: [email protected]

RIN: 1219-AB36
_______________________________________________________________________


Department of Labor (DOL)                           Proposed Rule Stage


Mine Safety and Health Administration (MSHA)



_______________________________________________________________________




1957. 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. MSHA will 
propose a rule addressing issues related to portable diesel generators.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM Comment Period End: Methane 
Testing                         11/25/02                    67 FR 60611

[[Page 37814]]

NPRM: Spring-Loaded Locks       01/22/03                     68 FR 2941
Direct Final Rule: Spring-Loaded 
Locks                           01/22/03                     68 FR 2879
Withdrawal of Direct Final Rule: 
Spring-Loaded Locks             03/07/03                    68 FR 10965
NPRM: Sanitary Toilets          04/21/03                    68 FR 19477
NPRM: Seatbelts                 04/21/03                    68 FR 19474
Direct Final Rule: Sanitary 
Toilets                         04/21/03                    68 FR 19347
Direct Final Rule: Seatbelts    04/21/03                    68 FR 19344
Final Rule: Sanitary Toilets    06/23/03                    68 FR 37082
Final Rule: Spring-Loaded Locks 06/23/03                    68 FR 37077
Final Rule Effective 
(Confirmation): Seatbelts       06/30/03                    68 FR 36913
NPRM: Methane Testing           07/07/03                    68 FR 40132
Final Rule: Methane Testing     07/07/03                    68 FR 40132
Final Rule Effective: Sanitary 
Toilets                         07/23/03                    68 FR 37082
Final Rule Effective: Spring-
Loaded Locks                    08/22/03                    68 FR 37077
NPRM: Portable Diesel Generator 07/00/04

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, Room 2350, Arlington, VA 22209
Phone: 202 693-9440
Fax: 202 693-9441
Email: [email protected]

RIN: 1219-AA98
_______________________________________________________________________




1958. ASBESTOS EXPOSURE LIMIT

Priority: Other Significant

Legal Authority: 30 USC 811; 30 USC 813

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

Legal Deadline: None

Abstract: MSHA's permissible exposure limit (PEL) for asbestos applies 
to surface (30 CFR part 56) and underground (30 CFR part 57) metal and 
nonmetal mines and to surface coal mines and surface areas of 
underground coal mines (30 CFR part 71) and is over 20 years old. MSHA 
is considering rulemaking to lower the PEL in order to reduce the risk 
of miners developing asbestos-induced occupational disease. A recent 
report by the Office of the Inspector General (OIG) recommended that 
MSHA lower its existing permissible exposure limit for asbestos to a 
more protective level, and address take-home contamination from 
asbestos. It also recommended that MSHA use Transmission Electron 
Microscopy to analyze fiber samples that may contain asbestos.

Statement of Need: Current scientific data indicate that the existing 
asbestos PEL is not sufficiently protective of miners' health. MSHA's 
asbestos regulations date to 1967 and are based on the Bureau of Mines 
(MSHA's predecessor) standard of 5 mppcf (million particles per cubic 
foot of air). In 1969, the Bureau proposed a 2 mppcf and 12 fibers/ml 
standard. This standard was promulgated in 1969. In 1970, the Bureau 
proposed to lower the standard to 5 fibers/ml, which was promulgated in 
1974. MSHA issued its current standard of 2 fibers/ml in 1976 for coal 
mining (41 FR 10223) and 1978 for metal and nonmetal mining (43 FR 
54064). During inspections, MSHA routinely takes samples, which are 
analyzed for compliance with its standard.

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

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

Alternatives: The Agency has increased sampling efforts in an attempt 
to determine current miners' exposure levels to asbestos, including 
taking samples at all existing vermiculite, taconite, talc, and other 
mines to determine whether asbestos is present and at what levels. In 
early 2000, MSHA began an intensive sampling effort at operations with 
potential asbestos exposure. These efforts continue. While sampling, 
MSHA staff discussed with miners and mine operators the potential 
hazards of asbestos and the types of preventive measures that could be 
implemented to reduce exposures. The course of action MSHA takes in 
addressing asbestos hazards to miners will, in part, be based on these 
sampling results.

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

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

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           03/29/02                    67 FR 15134
Notice of Public Meetings       03/29/02
Notice of Change to Public 
Meetings                        04/18/02                    67 FR 19140
ANPRM Comment Period End        06/27/02
NPRM                            10/00/04

Regulatory Flexibility Analysis Required: Undetermined

Small Entities Affected:  Businesses

Government Levels Affected: None

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

Agency Contact: Marvin W. Nichols Jr., Director, Office of Standards, 
Department of Labor, Mine Safety and Health Administration, Room 2352, 
1100 Wilson Boulevard, Room 2350, Arlington, VA 22209
Phone: 202 693-9440
Fax: 202 693-9441
Email: [email protected]

RIN: 1219-AB24

[[Page 37815]]

_______________________________________________________________________




1959. HIGH-VOLTAGE CONTINUOUS MINING MACHINE STANDARDS FOR UNDERGROUND 
COAL MINES

Priority: Other Significant

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

CFR Citation: 30 CFR 18; 30 CFR 75

Legal Deadline: None

Abstract: Our current standards require that high-voltage equipment and 
transformers be kept at least 150 feet from coal extraction areas in 
underground coal mines. These requirements are intended to eliminate an 
ignition source for methane and coal dust in close proximity to the 
work area. The use of new mining technology, in the form of high-
voltage continuous mining machines, is becoming more widespread in the 
mining industry. This equipment uses high-voltage electrical equipment 
and associated cables. Mine operators, however, must apply to MSHA for 
a petition for modification from the existing standards if they want to 
use this high-voltage equipment. The proposed rule would eliminate the 
need for a modification to use this equipment, and would establish 
safety requirements for its use. The proposed rule would also include 
design approval requirements for high-voltage continuous mining 
machines operated in face areas of underground coal mines.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            07/00/04

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, Room 2350, Arlington, VA 22209
Phone: 202 693-9440
Fax: 202 693-9441
Email: [email protected]

RIN: 1219-AB34
_______________________________________________________________________




1960. TRAINING STANDARDS FOR SHAFT AND SLOPE CONSTRUCTION WORKERS AT 
UNDERGROUND MINES

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

Legal Authority: 30 USC 811; 30 USC 825

CFR Citation: 30 CFR 48.2; 30 CFR 48.3; 30 CFR 48.8; 30 CFR 48.22; 30 
CFR 48.23; 30 CFR 49.28

Legal Deadline: None

Abstract: This rule would remove the language that exempts shaft and 
slope construction workers from being required to take part 48 
training. Shaft and slope construction workers, for training purposes, 
would be treated like underground and surface extraction and production 
miners.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            06/00/04

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, Room 2350, Arlington, VA 22209
Phone: 202 693-9440
Fax: 202 693-9441
Email: [email protected]

RIN: 1219-AB35
_______________________________________________________________________




1961. REVISING ELECTRICAL PRODUCT APPROVAL REGULATIONS

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

Legal Authority: 30 USC 957

CFR Citation: 30 CFR 18; 30 CFR 22; 30 CFR 23; 30 CFR 27

Legal Deadline: None

Abstract: Part 18 of 30 CFR, entitled ``Electric Motor-Driven Mine 
Equipment and Accessories,'' sets out the requirements to obtain MSHA 
approval of electrically operated machines and accessories intended for 
use in underground mines, as well as other related matters, such as 
approval procedures, certification of components, and acceptance of 
flame-resistant hoses and conveyor belts. Aside from minor 
modifications, part 18 has been largely unchanged since it was 
promulgated in 1968. This update of part 18 is intended to improve the 
efficiency of the approval process, recognize new technology, add 
quality assurance provisions, and address existing policies through the 
rulemaking process.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            12/00/04

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, Room 2350, Arlington, VA 22209
Phone: 202 693-9440
Fax: 202 693-9441
Email: [email protected]

RIN: 1219-AB37
_______________________________________________________________________


Department of Labor (DOL)                              Final Rule Stage


Mine Safety and Health Administration (MSHA)



_______________________________________________________________________




1962. DIESEL PARTICULATE MATTER EXPOSURE OF UNDERGROUND METAL AND 
NONMETAL MINERS

Priority: Other Significant

Legal Authority: 30 USC 811; 30 USC 813

CFR Citation: 30 CFR 57

Legal Deadline: None

Abstract: On January 19, 2001, MSHA published a final rule addressing 
diesel particulate matter (DPM) exposure of underground metal and 
nonmetal miners (66 FR 5706). The final rule established new health 
standards for underground metal and nonmetal mines that use equipment 
powered by diesel engines. The rule establishes an interim 
concentration limit of 400 micrograms of total carbon per cubic meter 
of air that became applicable July 20, 2002, and a final concentration 
limit of 160 micrograms to become

[[Page 37816]]

applicable after January 19, 2006. Industry challenged the rule and 
organized labor intervened in the litigation. Settlement negotiations 
with the litigants have resulted in further regulatory actions on 
several requirements of the rule. One final rule has been published (67 
FR 9180). This new rulemaking will address many of the remaining 
issues. MSHA issued an ANPRM on September 25, 2002 to obtain additional 
information and published a NPRM in August 2003.

Statement of Need: As a result of the first partial settlement with the 
litigants, MSHA published two documents in the Federal Register on July 
5, 2001. One document delayed the effective date of 57.5066(b) 
regarding the tagging provisions of the maintenance standard; clarified 
the effective dates of certain provisions of the final rule; and gave 
correction amendments.

The second document was a proposed rule to clarify 57.5066(b)(1) and 
(b)(2) of the maintenance standards and to add a new paragraph (b)(3) 
to 57.5067 regarding the transfer of existing diesel equipment from one 
underground mine to another underground mine. The final rule on these 
issues was published February 27, 2002, and became effective March 29, 
2002.
As a result of the second partial settlement agreement, MSHA proposed 
specific changes to the 2001 DPM final rule. On September 25, 2002, 
MSHA published an Advance Notice of Proposed Rulemaking (ANPRM) (67 FR 
60199). In response to commenters, MSHA intends at this time to propose 
changes only to the interim DPM standard of 400 micrograms per cubic 
meter of air. In a separate rulemaking, the Agency will propose a rule 
to revise the final concentration limit of 160 micrograms per cubic 
meter of air. The scope of both rulemakings is limited to the 
settlement agreement. The current rulemaking addresses the following 
provisions:
57.5060(a) - Whether to change the existing DPM surrogate for the 
interim limit from total carbon to elemental carbon; and change the 
concentration limit to Comparable Permissible exposure limit; propose 
that a single personal sample of miner's exposure would be an adequate 
basis for MSHA compliance determinations; and propose the current 
hierarchy of controls that MSHA applies in its existing metal and 
nonmetal exposure based health standards for abating violations.
57.5060(c) - Whether to adapt to the interim limit the existing 
provision that allows mine operators to apply to the Secretary for 
additional time to come into compliance with the final concentration 
limit. MSHA also agreed to propose to include consideration of economic 
feasibility, and to allow for annual renewals of such special 
extensions.
57.5060(d) -- Whether to remove the existing provision permitting 
miners to engage in certain activities in concentrations exceeding the 
interim and final limits upon application and approval from the 
Secretary, since the Agency agreed to propose the existing hierarchy of 
controls.
57.5060(e) -- Whether to remove the existing prohibition on the use of 
personal protective equipment.
57.5060(f) - Whether to remove the prohibition on the use of 
administrative controls.
57.5061(a) -- Whether to change ``concentration'' to PEL.
57.5061(b) -- Whether to change the reference from ``total carbon'' to 
``elemental carbon.''
57.5061(c) - Whether to delete the references to ``area'' and 
``occupational'' sampling for compliance.
57.5062 -- Whether to revise the existing diesel control plan.

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

Alternatives: This rulemaking would amend and improve health protection 
from that afforded by the existing standard.

Anticipated Cost and Benefits: MSHA's preliminary economic analysis 
indicates minimum costs to the mining industry.

Risks: Several epidemiological studies have found that exposure to 
diesel exhaust presents potential health risk to the miners. These 
potential adverse health effects range from headaches and nausea to 
respiratory disease and cancer. In the confined space of the 
underground mining environment, occupational exposure to diesel exhaust 
may present a greater hazard due to ventilation limitations and the 
presence of other airborne contaminants, such as toxic mine dusts or 
mine gases. We believe that the health evidence forms a reasonable 
basis for reducing miners' exposure to diesel particulate matter. 
Proceeding with rulemaking on the provisions discussed above will more 
effectively reduce miners' exposure to DPM.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           09/25/02                    67 FR 60199
ANPRM Comment Period End        11/25/02
NPRM                            08/14/03                    68 FR 48668
NPRM Comment Period End         10/14/03
Limited Reopening of the Comment 
Period                          02/20/04                     69 FR 7881
Limited Reopening of the Comment 
Period End                      04/05/04                     69 FR 7881
Final Action                    11/00/04

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, 1100 Wilson 
Boulevard, Room 2350, Arlington, VA 22209
Phone: 202 693-9440
Fax: 202 693-9441
Email: [email protected]

RIN: 1219-AB29
_______________________________________________________________________




1963.  PART 5 -- FEES FOR TESTING, EVALUATION AND 
APPROVAL OF MINING PRODUCTS

Priority: Info./Admin./Other

Legal Authority: 30 USC 957

CFR Citation: 30 CFR 5

Legal Deadline: None

Abstract: MSHA intends to publish a direct final rule to amend 
provisions of 30 CFR part 5, ``Fees for testing, evaluation, and 
approval of mining products.'' MSHA has streamlined the manner in which 
the fee system is administered. This rule would update the existing 
regulation to reflect these changes, including: (1) The existing rule 
requires an application fee to offset costs of the initial 
administrative review of the application. Upon approval, this amount is 
deducted from

[[Page 37817]]

the total fees due. MSHAdeemed the practice to be an unnecessary 
administrative burden and eliminated the requirement. (2) Most fees are 
set on an hourly basis; however, the MSHA Stamped Notification 
Acceptance Program (SNAP) and Stamped Revision Acceptance (SRA) Program 
charged only a nominal fixed fee for acceptance of certain changes to 
existing approvals. Each program covered specific types of products. To 
streamline this process, MSHA replaced both programs with the Revised 
Acceptance Modification Program (RAM), which provided one process for 
all types of products. (3) The existing rule requires MSHA to initially 
research the application and provide the applicant with an estimated 
maximum fee prior to beginning the technical investigation of the 
product. To expedite the approval process, MSHA now permits the 
applicant to pre-authorize an amount for each approval, which in turn 
allows MSHA to immediately begin the technical investigation while the 
fee estimate is being processed.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Final Action                    07/00/04

Regulatory Flexibility Analysis Required: No

Small Entities Affected: Businesses, Governmental Jurisdictions

Government Levels Affected: Local, Tribal

Agency Contact: Marvin W. Nichols Jr., Director, Office of Standards, 
Department of Labor, Mine Safety and Health Administration, Room 2352, 
1100 Wilson Boulevard, Room 2350, Arlington, VA 22209
Phone: 202 693-9440
Fax: 202 693-9441
Email: [email protected]

RIN: 1219-AB38
_______________________________________________________________________


Department of Labor (DOL)                             Long-Term Actions


Mine Safety and Health Administration (MSHA)



_______________________________________________________________________




1964. VERIFICATION OF UNDERGROUND COAL MINE OPERATORS' DUST CONTROL 
PLANS AND COMPLIANCE SAMPLING FOR RESPIRABLE DUST

Priority: Other Significant

Legal Authority: 30 USC 811; 30 USC 813; 30 USC 961; 30 USC 957

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

Legal Deadline: None

Abstract: Our current standards require that all underground coal mine 
operators develop and follow a mine ventilation plan for each 
mechanized mining unit that we approve. However, we do not have a 
requirement that provides for verification of each plan's effectiveness 
under typical mining conditions. Consequently, plans may be implemented 
by mine operators that could be inadequate to control respirable dust.
In response to comments received on the July 2000 proposed rule for 
MSHA to withdraw the rule, MSHA published a new proposed rule on March 
6, 2003. The proposed rule would have required mine operators to 
verify, through sampling, the effectiveness of the dust control 
parameters for each mechanized mining unit specified in the approved 
mine ventilation plan.
The use of approved powered air-purifying respirators and/or verifiable 
administrative controls would have been allowed as a supplemental means 
of compliance when MSHA had determined that all feasible engineering or 
environmental controls were exhausted.
Public hearings were held in May 2003, and the rulemaking record 
originally scheduled to close on June 4, 2003, was extended until July 
3, 2003. On June 24, 2003, MSHA announced that all work on the final 
rule would cease and the rulemaking record would remain open in order 
to obtain information concerning Personal Dust Monitors being tested by 
NIOSH. A Federal Register notice was published on July 3, 2003, 
extending the comment period indefinitely.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            07/07/00                    65 FR 42122
Notice of Hearings; Close of 
Record                          07/07/00                    65 FR 42186
Extension of Comment Period; 
Close                           09/08/00                    65 FR 49215
NPRM                            03/06/03                    68 FR 10784
Notice of Public Hearing; Close 
of Record                       03/17/03                    68 FR 12641
Extension of Comment Period     05/29/03                    68 FR 32005
NPRM Comment Period End         06/04/03
Extension of Comment Period     07/03/03                    68 FR 39881
NPRM                             To Be                       Determined

Regulatory Flexibility Analysis Required: Yes

Small Entities Affected: Businesses

Government Levels Affected: None

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

Agency Contact: Marvin W. Nichols Jr., Director, Office of Standards, 
Department of Labor, Mine Safety and Health Administration, Room 2352, 
1100 Wilson Boulevard, Room 2350, Arlington, VA 22209
Phone: 202 693-9440
Fax: 202 693-9441
Email: [email protected]

Related RIN: Related to 1219-AB18
RIN: 1219-AB14
_______________________________________________________________________




1965. DETERMINATION OF CONCENTRATION OF RESPIRABLE COAL MINE DUST

Priority: Other Significant

Legal Authority: 30 USC 811

CFR Citation: 30 CFR 72

Legal Deadline: None

Abstract: The National Institute for Occupational Safety and Health and 
the Mine Safety and Health Administration jointly proposed that a 
single, full-shift measurement (single sample) will accurately 
represent the atmospheric condition to which a miner is exposed. The 
proposed rule addresses the U.S. Court of Appeals' concerns raised in 
National Mining Association v. Secretary of Labor, 153 3d 1264 (11th 
Cir. 1998). MSHA and NIOSH reopened the rulemaking record on March 6, 
2003, to obtain comments on documents added to the rulemaking record 
since the proposed rule was published July 7, 2000. Public hearings

[[Page 37818]]

were held in May 2003 and the rulemaking record, originally scheduled 
to close on June 4, 2003, was extended until July 3, 2003. However, on 
June 24, 2003, MSHA announced that all work on the final rule would 
cease. On August 12, 2003, the Agencies reopened the rulemaking record 
and extended the comment period indefinitely. MSHA will be 
collaborating with NIOSH, miners' representatives, industry and the 
manufacturer in the in-mine testing of production prototype Personal 
Dust Monitors (PDMs) units. The results of the collaborative effort 
will guide the Agency in determining the functionality of these real-
time dust monitoring devices and need for revisions to the coal 
respirable dust monitoring requirements.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            07/07/00                    65 FR 42068
Notice of Hearings; Close of 
Record                          07/07/00                    65 FR 42185
Extension of Comment Period; 
Close                           09/08/00                    65 FR 49215
Reopen Record for Comments      03/06/03                    68 FR 10940
Notice of Public Hearings; Close 
of Record                       03/17/03                    68 FR 12641
Extension of Comment Period     05/29/03                    68 FR 32005
Reopen Record Comment Period End06/04/03
Extension of Comment Period; 
Reopening of Record             08/12/03                    68 FR 47886
NPRM                             To Be                       Determined

Regulatory Flexibility Analysis Required: Yes

Small Entities Affected: Businesses

Government Levels Affected: None

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

Agency Contact: Marvin W. Nichols Jr., Director, Office of Standards, 
Department of Labor, Mine Safety and Health Administration, Room 2352, 
1100 Wilson Boulevard, Room 2350, Arlington, VA 22209
Phone: 202 693-9440
Fax: 202 693-9441
Email: [email protected]

Related RIN: Related to 1219-AB14
RIN: 1219-AB18
_______________________________________________________________________


Department of Labor (DOL)                             Completed Actions


Mine Safety and Health Administration (MSHA)



_______________________________________________________________________




1966. UNDERGROUND COAL MINE VENTILATION--SAFETY STANDARDS FOR THE BELT 
ENTRY AS AN INTAKE AIR COURSE

Priority: Other Significant

Legal Authority: 30 USC 811; 30 USC 961

CFR Citation: 30 CFR 75

Legal Deadline: None

Abstract: The final rule gives a coal mine operator the option of using 
air from a belt entry (belt air) in mines with three or more entries 
(parallel tunnels), as an intake air course to ventilate working 
sections and areas where mechanized mining equipment is being installed 
or removed. Current standards require belt air to be separated from 
intake and return air courses for mines opened after 1970, unless a 
mine operator is granted a petition for modification of a safety 
standard (30 CFR 75.350) as set forth in the Federal Mine Safety and 
Health Act (Mine Act) of 1977 section 101(c), 30 USC 811(c) (1998). For 
three or more entry mines, regardless of the date that they were 
opened, the final rule eliminates the need for mine operators to seek a 
petition for modification to use belt air and establish safety 
requirements for its use.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            01/27/88                     53 FR 2382
Public Hearing Notice           01/27/03                     68 FR 3936
Second NPRM                     01/27/03                     68 FR 3936
Second NPRM Comment Period End  03/28/03
Final Rule                      04/02/04                    69 FR 17480
Final Action Effective          06/01/04

Regulatory Flexibility Analysis Required: Yes

Small Entities Affected: Businesses

Government Levels Affected: None

Additional Information: The final action effective date is 6/1/04 with 
the exception of sections 75.351(e)(3) and 75.35(r) which are effective 
8/2/04.

Agency Contact: Marvin W. Nichols Jr., Director, Office of Standards, 
Department of Labor, Mine Safety and Health Administration, Room 2352, 
1100 Wilson Boulevard, Room 2350, Arlington, VA 22209
Phone: 202 693-9440
Fax: 202 693-9441
Email: [email protected]

RIN: 1219-AA76

[[Page 37819]]

_______________________________________________________________________


Department of Labor (DOL)                              Final Rule Stage


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



_______________________________________________________________________




1967. 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 of the Act 
prohibits discrimination by recipients of financial assistance under 
title I on the grounds of race, color, national origin, sex, age, 
disability, religion, political affiliation or belief, and for 
beneficiaries only, citizenship or participation in a WIA title I-
financial assisted program or activity. Section 188(e) requires that 
the Secretary of Labor issue regulationsnecessary to implement section 
188 not later than one year after the date of the enactment of WIA. 
Such regulations are to include standards for determining compliance 
and procedures for enforcement that are consistent with the acts 
referenced 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. This final rule will be 
issued after congressional action on the reauthorization of WIA.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              11/12/99                    64 FR 61692
Interim Final Rule Comment 
Period                          12/13/99
NPRM                            09/30/03                    68 FR 56386
NPRM Comment Period End         12/01/03
Final Rule - Faith-Based        08/00/04

Regulatory Flexibility Analysis Required: No

Government Levels Affected: Local, State, 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
_______________________________________________________________________


Department of Labor (DOL)                             Long-Term Actions


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



_______________________________________________________________________




1968. GRANTS AND AGREEMENTS

Priority: Other Significant

Legal Authority: PL 105-277

CFR Citation: 29 CFR 95

Legal Deadline: None

Abstract: This regulation amends 29 CFR 95.36, to ensure that all data 
produced under an award will be available to the public through the 
procedures established in the Freedom of Informatin Act. P.L. 105-277 
mandated this change. The regulation was published as ``interim final'' 
on May 16, 2000, and is in effect. This is a regulation developed and 
published as a common rule (government-wide). Since its publication, 
the lead agency (HHS) has not approached other federal agencies to 
finalize the regulation. Public comments were submitted to HHS and to 
DOL (1 comment received) to be addressed in the publication of the 
regulation as final.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

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

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Agency Contact: 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-AA30
_______________________________________________________________________


Department of Labor (DOL)                             Completed Actions


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



_______________________________________________________________________




1969. 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 is necessary to comply with 
the Department's statutory and regulatory obligations under the Age 
Discrimination Act of 1975, as amended (the Act). The Act and the 
general, government-wide implementing rule issued by the Department of 
Health and Human Services (HHS) (45 CFR 90), require each Federal 
agency providing financial

[[Page 37820]]

assistance to any program or activity to publish proposed regulations 
implementing the Act no later than 90 days after the publication date 
ofthe government-wide rule, and to submit final agency regulations to 
HHS no later than 120 days after publication 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                      07/11/03
Third NPRM Comment Period End   09/09/03
Final Rule                      04/02/04                    69 FR 17570
Final Action Effective          05/03/04

Regulatory Flexibility Analysis Required: No

Government Levels Affected: Local, State, 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
_______________________________________________________________________




1970. DEPARTMENT OF LABOR ACQUISITION REGULATIONS

Priority: Info./Admin./Other

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

CFR Citation: 48 CFR 2900 to 2999

Legal Deadline: None

Abstract: This document sets forth revisions of the Department of Labor 
Acquisition Regulation (DOLAR). The DOLAR implements and supplements 
the terms of the Federal Acquisition Regulation (the Governmentwide 
procurement regulation). The DOLAR was last revised in 1986 and is 
considered significantly out of date. The regulation has been 
substantially revised to: remove references to obsolete policies, 
procedures, and organizations, incorporate electronic links to primary 
sources of reference such as the FAR, U.S. Code, and the Code of 
Federal Regulations in order to allow the DOLAR to be used by 
procurement professionals and others as a reference tool; establish 
procedures that follow current best practices in procurement; and 
restate procedures that have not changed and are still in effect.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            08/11/03                    68 FR 48996
NPRM Comment Period End         10/14/03
Final Action                    04/27/04                    69 FR 22990
Final Action Effective          05/27/04

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)                                 Prerule Stage


Occupational Safety and Health Administration (OSHA)



_______________________________________________________________________




1971. 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 is considering 
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 2004.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Begin Review                    10/01/96
End Review                      11/00/04

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
_______________________________________________________________________




1972. OCCUPATIONAL EXPOSURE TO CRYSTALLINE SILICA

Priority: Economically Significant. Major under 5 USC 801.

Unfunded Mandates: Undetermined

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

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

Legal Deadline: None

Abstract: Crystalline silica is a significant component of the earth's 
crust, and many workers in a wide range of industries are exposed to 
it, usually in the form of respirable quartz or, less frequently, 
cristobalite. Chronic silicosis is a uniquely occupational disease 
resulting from exposure of employees over long periods of time (10 
years or more). Exposure to high levels of respirable crystalline 
silica causes acute or accelerated forms of

[[Page 37821]]

silicosis that are ultimately fatal. The current OSHA permissible 
exposure limit (PEL) for general industry is based on a formula 
recommended by the American Conference of Governmental Industrial 
Hygienists (ACGIH) in 1971 (PEL=10mg/cubic meter/(% silica + 2), as 
respirable dust). The current PEL for construction and maritime 
(derived from ACGIH's 1962 Threshold Limit Value) is based on particle 
counting technology, which is considered obsolete. NIOSH and ACGIH 
recommend a 50ug/m3 exposure limit for respirable crystalline silica.
Both industry and worker groups have recognized that a comprehensive 
standard for crystalline silica is needed to provide for exposure 
monitoring, medical surveillance, and worker training. The American 
Society for Testing and Materials (ASTM) has published a recommended 
standard for addressing the hazards of crystalline silica. The Building 
Construction Trades Department of the AFL-CIO has also developed a 
recommended comprehensive program standard. These standards include 
provisions for methods of compliance, exposure monitoring, training, 
and medical surveillance.
In developing a proposed standard, OSHA is currently considering 
several options ranging from proposing comprehensive standards 
simultaneously for general industry, construction, and maritime, to 
focusing the proposal on one or more specific issues, such as 
modernizing the construction and maritime PELs or standardizing 
sampling and analytical methods to ensure that employers and employees 
are receiving reliable data on employee exposures.

Statement of Need: Over two million workers are exposed to crystalline 
silica dust in general industry, construction and maritime industries. 
Industries that could be particularly affected by a standard for 
crystalline silica include: foundries, industries that have abrasive 
blasting operations, paint manufacture, glass and concrete product 
manufacture, brick making, china and pottery manufacture, manufacture 
of plumbing fixtures, and many construction activities including 
highway repair, masonry, concrete work, rock drilling, and 
tuckpointing. The seriousness of the health hazards associated with 
silica exposure is demonstrated by the fatalities and disabling 
illnesses that continue to occur; between 1990 and 1996, 200 to 300 
deaths per year are known to have occurred where silicosis was 
identified on death certificates as an underlying or contributing cause 
of death. It is likely that many more cases have occurred where 
silicosis went undetected. In addition, the International Agency for 
Research on Cancer (IARC) has designated crystalline silica as a known 
human carcinogen. Exposure to crystalline silica has also been 
associated with an increased risk of developing tuberculosis and other 
nonmalignant respiratory diseases, as well as, renal and autoimmune 
respiratory diseases. Exposure studies and OSHA enforcement data 
indicate that some workers continue to be exposed to levels of 
crystalline silica far in excess of current exposure limits. Congress 
has included compensation of silicosis victims on Federal nuclear 
testing sites in the Energy Employees' Occupational Illness 
Compensation Program Act of 2000. There is a particular need for the 
Agency to modernize its exposure limits for construction and maritime, 
and to address some specific issues that will need to be resolved to 
propose a comprehensive standard.

Summary of Legal Basis: The legal basis for the proposed rule is a 
preliminary determination that workers are exposed to a significant 
risk of silicosis and other serious disease and that rulemaking is 
needed to substantially reduce the risk. In addition, the proposed rule 
will recognize that the PELs for construction and maritime are outdated 
and need to be revised to reflect current sampling and analytical 
technologies.

Alternatives: Over the past several years, the Agency has attempted to 
address this problem through a variety of non-regulatory approaches, 
including initiation of a Special Emphasis Program on silica in October 
1997, sponsorship with NIOSH and MSHA of the National Conference to 
Eliminate Silicosis, and dissemination of guidance information on its 
Web site. OSHA has determined that rulemaking is a necessary step to 
ensure that workers are protected from the hazards of crystalline 
silica. The Agency is currently evaluating several options for the 
scope of the rulemaking.

Anticipated Cost and Benefits: The scope of the proposed rulemaking and 
estimates of the costs and benefits are still under development.

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

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Completed SBREFA Report         12/19/03
Complete Peer Review of Risk 
Assessment                      02/00/05

Regulatory Flexibility Analysis Required: Yes

Small Entities Affected: Businesses

Government Levels Affected: Undetermined

Agency Contact: Steven F. Witt, Director, Directorate of Standards and 
Guidance, Department of Labor, Occupational Safety and Health 
Administration, 200 Constitution Avenue NW., Room N-3718, FP Building, 
Washington, DC 20210
Phone: 202 693-1950
Fax: 202 693-1678

RIN: 1218-AB70
_______________________________________________________________________




1973. 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: In 1999 and 2001, OSHA was petitioned to issue an emergency 
temporary standard by the Paper Allied-Industrial, Chemical, and Energy 
Workers Union, Public Citizen Health Research Group and others. The 
Agency denied the petitions but stated its intent to begin data 
gathering to collect needed information on beryllium's toxicity, risks, 
and patterns of usage.
On November 26, 2002, OSHA published a Request for Information (RFI) 
(67 FR 70707) to solicit information pertinent to occupational exposure 
to beryllium including: current exposures to beryllium; the 
relationship between exposure to beryllium and the development of 
adverse health effects; exposure assessment and monitoring methods; 
exposure control methods; and medical

[[Page 37822]]

surveillance. In addition, the Agency conducted field surveys of 
selected work sites to assess current exposures and control methods 
being used to reduce employee exposures to beryllium. OSHA is using 
this information to develop a proposed rule addressing occupational 
exposure to beryllium. OSHA plans to initiate the SBREFA process by 
January 2005.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Request for Information         11/26/02                    67 FR 70707
Initiate SBREFA Process         01/00/05

Regulatory Flexibility Analysis Required: Yes

Small Entities Affected: Businesses

Government Levels Affected: None

Agency Contact: Steven F. Witt, Director, Directorate of Standards and 
Guidance, Department of Labor, Occupational Safety and Health 
Administration, 200 Constitution Avenue NW., Room N-3718, FP Building, 
Washington, DC 20210
Phone: 202 693-1950
Fax: 202 693-1678

RIN: 1218-AB76
_______________________________________________________________________




1974. 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 published an advance notice of proposed rulemaking 
to gather information on the extent of noise-induced hearing loss among 
workers in different trades in this industry, current practices to 
reduce this loss, and additional approaches and protections that could 
be used to prevent such loss in the future. The Agency has reviewed the 
comments received and other information to determine the appropriate 
course of action. In order to get additional public input, stakeholder 
meetings have been convened.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           08/05/02                    67 FR 50610
ANPRM Comment Period End        11/04/02
Stakeholder Meetings            03/24/04
Additional Stakeholder Meeting  07/21/04

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, 200 Constitution Avenue NW., Room N-3718, FP Building, 
Washington, DC 20210
Phone: 202 693-1950
Fax: 202 693-1678

RIN: 1218-AB89
_______________________________________________________________________




1975. 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 and derricks. 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.
Across-section of the industry has asked OSHA to update subpart N. OSHA 
has determined that the existing rule needs to be revised and has 
established a negotiated rulemaking committee to develop a draft 
proposed rule.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Notice of Intent To Establish 
Negotiated Rulemaking           07/16/02                    67 FR 46612
Comment Period End              09/16/02
Request for Comments on Proposed 
Committee Members               02/27/03                     68 FR 9036
Request for Comment Period End  03/31/03                     68 FR 9036
Established Negotiated 
Rulemaking Committee            06/12/03                    68 FR 35172
Complete Rulemaking Negotiations09/00/04

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-AC01
_______________________________________________________________________




1976. 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 has undertaken 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 is considering 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.

[[Page 37823]]

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Begin Review                    12/01/01
Request for Comments            08/21/02                    67 FR 54103
Comment Period End              11/19/02
End Review                      03/00/05

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
_______________________________________________________________________




1977. IONIZING RADIATION

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

Unfunded Mandates: Undetermined

Legal Authority: 29 USC 655(b)

CFR Citation: 29 CFR 1910.109

Legal Deadline: None

Abstract: OSHA is considering amending 29 CFR 1910.1096 that addresses 
exposure to ionizing radiation. The OSHA regulations were published in 
1974, with only minor revisions since that time. The Department of 
Energy and the Nuclear Regulatory Commission both have more extensive 
radiation standards that reflect new technological and safety advances. 
In addition, radiation is now used for a broader variety of purposes, 
including health care, food safety, mail processing, and baggage 
screening. OSHA is in the process of reviewing information about the 
issue, and will determine the appropriate course of action regarding 
this standard when the review is completed.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Request for Information (RFI)   07/00/04

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, 200 Constitution Avenue NW., Room N-3718, FP Building, 
Washington, DC 20210
Phone: 202 693-1950
Fax: 202 693-1678

RIN: 1218-AC11
_______________________________________________________________________


Department of Labor (DOL)                           Proposed Rule Stage


Occupational Safety and Health Administration (OSHA)



_______________________________________________________________________




1978. 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 has published an NPRM to 
address safety issues related to VTLs. The extended comment period 
concluded 2/13/04, and an informal public hearing has been scheduled to 
begin on 7/29/04.

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
Second NPRM                     09/16/03                    68 FR 54298
NPRM Comment Period End 2/13/04 12/10/03                    68 FR 68804
Public Hearing Published in 
Federal Register - 4/13/04      07/29/04                    69 FR 19361

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, 200 Constitution Avenue NW., Room N-3718, FP Building, 
Washington, DC 20210
Phone: 202 693-1950
Fax: 202 693-1678

RIN: 1218-AA56
_______________________________________________________________________




1979. 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: NPRM, Judicial, October 4, 2004.

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 (CrVI). The Oil, 
Chemical, and Atomic Workers International Unions (OCAW) and Public 
Citizen's Health Research Group (HRG) petitioned OSHA to promulgate an 
ETS to lower the PEL for CrVI compounds to 0.5 micrograms per cubic 
meter of air (ug/m3) as an eight-hour, time-weighted average (TWA). The 
current PEL in general industry is a ceiling value of 100 ug/m3, 
measured as CrVI and reported as chromic anhydride (CrO3). The amount 
of CrVI in the anhydride compound equates to a PEL of PEL of

[[Page 37824]]

52 PEug/m3. The ceiling limit applies to all forms of CrVI, including 
chromic acid and chromates, lead chromate, and zinc chromate. The 
current PEL of CrVI in the construction industry is 100 ug/m3 as a TWA 
PEL, which also equates to a P52 ug/m3. After reviewing the 
petition,OSHA denied the request for an ETS and initiated a section 
6(b)(5) rulemaking.
OSHA began collecting data and performing preliminary analyses relevant 
to occupational exposure to CrVI. However, in 1997, OSHA was sued by 
HRG for unreasonable delay in issuing a final CrVI standard. The 3rd 
Circuit, U.S. Court of Appeals ruled in OSHA's favor and the Agency 
continued its data collection and analytic efforts on CrVI. In 2002, 
OSHA was sued again by HRG for continued unreasonable delay in issuing 
a final CrVI standard. In August, 2002 OSHA published a Request for 
Information on CrVI to solicit additional information on key issues 
related to controlling exposures to CrVI and on December 4, 2002, OSHA 
announced its intent to proceed with developing a proposed standard. On 
December 24, 2002, the 3rd Circuit, U.S. Court of Appeals ruled in 
favor of HRG and ordered the Agency to proceed expeditiously with a 
CrVI standard.

Statement of Need: Approximately one million workers are exposed to 
CrVI in general industry, maritime, construction, and agriculture. 
Industries or work processes that could be particularly affected by a 
standard for CrVI include: Electroplating, welding, painting, chromate 
production, chromate pigment production, ferrochromium production, iron 
and steel production, chromium catalyst production, and chromium 
dioxide and sulfate production. Exposure to CrVI has been shown to 
produce lung cancer, an often fataldisease, among workers exposed to 
CrVI compounds. The International Agency for Research on Cancer (IARC) 
classifies CrVI compounds as a Group 1 Carcinogen: Agents considered to 
be carcinogenic in humans. The Environmental Protection Agency (EPA) 
and the American Conference of Governmental Industrial Hygienists 
(ACGIH) have also designated CrVI compounds as known and confirmed 
human carcinogens, respectively. Similarly, the National Institute for 
Occupational Safety and Health (NIOSH) considers CrVI compounds to be 
potential occupational carcinogens. OSHA's current standards for CrVI 
compounds, adopted in 1971, were established to protect against nasal 
irritation. Therefore, there is a need to revise the current standard 
to protect workers from lung cancer.

Summary of Legal Basis: The legal basis for the proposed rule is a 
preliminary determination that workers are exposed to a significant 
risk of lung cancer and dermatoses and that rulemaking is needed to 
substantially reduce the risk.

Alternatives: OSHA had considered non-regulatory approaches, including 
the dissemination of guidance on its web site. However, OSHA has 
determined that rulemaking is a necessary step to ensure that workers 
are protected from the hazards of CrVI and the Agency has been ordered 
by the U.S. Court of Appeals to move forward with a final rule. The 
Agency is currently evaluating several options for the scope of the 
rulemaking.

Anticipated Cost and Benefits: The scope of the proposed rulemaking is 
still under development, and estimates of the costs and benefits are 
being developed.

Risks: A detailed risk analysis is in process.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Request for Information         08/22/02                    67 FR 54389
Comment Period End              11/20/02
Initiate SBREFA Process         12/23/03
SBREFA Report                   04/20/04
NPRM                            10/00/04

Regulatory Flexibility Analysis Required: Yes

Small Entities Affected: Businesses

Government Levels Affected: Undetermined

Agency Contact: Steven F. Witt, Director, Directorate of Standards and 
Guidance, Department of Labor, Occupational Safety and Health 
Administration, 200 Constitution Avenue NW., Room N-3718, FP Building, 
Washington, DC 20210
Phone: 202 693-1950
Fax: 202 693-1678

RIN: 1218-AB45
_______________________________________________________________________




1980. 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 workenvironment. OSHA intends to issue a 
proposed rule addressing this construction industry hazard next year.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

SBREFA Panel Report             11/24/03
NPRM                            03/00/05

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
_______________________________________________________________________




1981. 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

[[Page 37825]]

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                            12/00/04

Regulatory Flexibility Analysis Required: Undetermined

Small Entities Affected:  Businesses

Government Levels Affected: None

Agency Contact: Steven F. Witt, Director, Directorate of Standards and 
Guidance, Department of Labor, Occupational Safety and Health 
Administration, 200 Constitution Avenue NW., Room N-3718, FP Building, 
Washington, DC 20210
Phone: 202 693-1950
Fax: 202 693-1678

RIN: 1218-AB50
_______________________________________________________________________




1982. 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 over 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. The SBREFA process has been completed, and OSHA is 
making changes to the regulatory analysis based on that review.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

SBREFA Report                   06/30/03
NPRM                            11/00/04

Regulatory Flexibility Analysis Required: Yes

Small Entities Affected: Businesses

Government Levels Affected: Undetermined

Agency Contact: Steven F. Witt, Director, Directorate of Standards and 
Guidance, Department of Labor, Occupational Safety and Health 
Administration, 200 Constitution Avenue NW., Room N-3718, FP Building, 
Washington, DC 20210
Phone: 202 693-1950
Fax: 202 693-1678

RIN: 1218-AB67
_______________________________________________________________________




1983. 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 published 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 is currently reviewing the 
comments and the record will be reopened again for comment on a revised 
economic analysis.

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
Reopen Record                   05/02/03                    68 FR 23527
Comment Period End              07/31/03
Reopen Record                   12/00/04

Regulatory Flexibility Analysis Required: Yes

Small Entities Affected: Businesses

Government Levels Affected: None

Agency Contact: Steven F. Witt, Director, Directorate of Standards and 
Guidance, Department of Labor, Occupational Safety and Health 
Administration, 200 Constitution Avenue NW., Room N-3718, FP Building, 
Washington, DC 20210
Phone: 202 693-1950
Fax: 202 693-1678

RIN: 1218-AB80
_______________________________________________________________________




1984. 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 the General Industry-

[[Page 37826]]

Electrical Standard since it was 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 and work practice 
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.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            04/05/04                    69 FR 17773
NPRM Comment Period End         06/04/04
Public Hearing                  10/00/04

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, 200 Constitution Avenue NW., Room N-3718, FP Building, 
Washington, DC 20210
Phone: 202 693-1950
Fax: 202 693-1678

RIN: 1218-AB95
_______________________________________________________________________




1985. UPDATING OSHA STANDARDS BASED ON NATIONAL CONSENSUS STANDARDS

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. It is possible 
that a direct final rule may be appropriate to address some of these 
standards, and others may be more appropriately addressed by an NPRM.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            09/00/04

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, 200 Constitution Avenue NW., Room N-3718, FP Building, 
Washington, DC 20210
Phone: 202 693-1950
Fax: 202 693-1678

RIN: 1218-AC08
_______________________________________________________________________




1986. 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 blasting agents. 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 has reviewed the petition and related information about the issue. 
Initially, OSHA planned to revise the pyrotechnics requirement in this 
NPRM. However, based on our work to date, it appears appropriate to 
reserve action on these requirements for a second phase of rulemaking. 
The agency therefore plans to proposed revisions to 29 CFR 1910.109 
without any changes to the existing pyrotechnics requirements, and at a 
future date will develop a proposed rule for pyrotechnics revision. 
OSHA expects to publish an NPRM by November 2004.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            11/00/04

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, 200 Constitution Avenue NW., Room N-3718, FP Building, 
Washington, DC 20210
Phone: 202 693-1950
Fax: 202 693-1678

RIN: 1218-AC09
_______________________________________________________________________




1987.  SLIP RESISTANCE OF SKELETAL STRUCTURAL STEEL

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

Legal Authority: 29 USC 655(b) ; 40 USC 333; 29 CFR 1911

CFR Citation: 29 CFR 1926.754(c)(3)

Legal Deadline: Other, Judicial, July 18, 2004, Notice of limited 
reopening of record for 1926.754(c)(3).
Final, Judicial, January 18, 2006, Final Rule Deadline.

[[Page 37827]]

Per Settlement Agreement (Steel Coaltion, Resilient Floor Covering 
Institute v. OSHA).

Abstract: On May 11, 1994 OSHA established the Steel Erection 
Negotiated Rulemaking Advisory Committee. On August 13, 1998 OSHA 
published a notice of proposed rule making, permitting time for written 
comments and public hearings. Following notice and comment the final 
rule for the steel erection standard was published on January 18, 2001. 
On April 3, 2003, OSHA entered into a settlement agreement with Steel 
Coalition and Resilient Floor Covering Institute whereby OSHA agreed to 
a limited reopening of the administrative record of docket S-775 
regarding paragraph.754(c)(3). No later than July 18, 2004, OSHA will 
publish notice in the Federal Register reopening the record for this 
limited purpose. The July notice will solicit information regarding 
only section 1926.754(c)(3).

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            07/00/04

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: Undetermined

Federalism:  Undetermined

Agency Contact: Bruce Swanson, Director, Directorate of Construction, 
Department of Labor, Occupational Safety and Health Administration, 200 
Constitution Avenue, NW, Room N-3468, Washington, DC 20210
Phone: 202 693-2020
Fax: 202 693-1689

RIN: 1218-AC14
_______________________________________________________________________


Department of Labor (DOL)                              Final Rule Stage


Occupational Safety and Health Administration (OSHA)



_______________________________________________________________________




1988. ASSIGNED PROTECTION FACTORS: AMENDMENTS TO THE FINAL RULE ON 
RESPIRATORY PROTECTION

Priority: Other Significant

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

CFR Citation: 29 CFR 1910.134

Legal Deadline: None

Abstract: In January 1998, OSHA published the final Respiratory 
Protection standard (29 CFR 1910.134), except for reserved provisions 
on assigned protection factors (APFs) and maximum use concentrations 
(MUCs). APFs are numbers that describe the effectiveness of the various 
classes of respirators in reducing employee exposure to airborne 
contaminants (including particulates, gases, vapors, biological agents, 
etc.). Employers, employees, and safety and health professionals use 
APFs to determine the type of respirator to protect the health of 
employees in various hazardous environments. Maximum use concentrations 
establish the maximum airborne concentration of a contaminant in which 
a respirator with a given APF may be used.
Currently, OSHA relies on the APFs developed by NIOSH in the 1980s 
unless OSHA has assigned a different APF in a substance-specific health 
standard. However, many employers follow the more recent APFs published 
in the industry consensus standard, ANSI Z88.2-1992. For someclasses of 
respirators, the NIOSH and ANSI APFs vary greatly.
This rulemaking action will complete the 1998 standard, reduce 
compliance confusion among employers, and provide employees with 
consistent and appropriate respiratory protection. On June 6, 2003, 
OSHA published an NPRM on Assigned Protection Factors in the Federal 
Register at 68 FR 34036 containing a proposed APF table, and requesting 
public comment. The extended comment period ended October 2, 2003, and 
an informal public hearing was held January 28-30, 2004.

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

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

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

Anticipated Cost and Benefits: The estimated compliance costs for 
OSHA's proposed APF rule are $4.6 million. The APFs proposed in this 
rulemaking help to ensure that the benefits attributed to proper 
respiratory protection under 29 CFR 1910.134 are achieved, as well as 
provide an additional degree of protection.

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

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           05/14/82                    47 FR 20803
ANPRM Comment Period End        09/13/82
NPRM                            11/15/94                    59 FR 58884
Final Rule                      01/08/98                     63 FR 1152
Final Rule Effective            04/08/98
NPRM                            06/06/03                    68 FR 34036
NPRM Comment Period End         09/04/03
NPRM Comment Period Extended    10/02/03                    68 FR 53311
Public Hearing on 01/28/2004    11/12/03                    68 FR 64036

[[Page 37828]]

Final Rule: Revocation of 
Respiratory Protection M. TB    12/31/03                    68 FR 75767
Public Hearing                  01/28/04
Post-Hearing Comment and Brief 
Period Extended                 03/30/04                    69 FR 16510
Post-Hearing Comment Period End 04/29/04
Post-Hearing Briefs End         05/29/04
Final Action                    12/00/04

Regulatory Flexibility Analysis Required: No

Government Levels Affected: Federal, Local, State, Tribal

Additional Information: At the time of the revision of the 1972 
standard, OSHA decided that because its proposed standard for 
occupational exposure to tuberculosis (TB), published three months 
earlier, included a comprehensive respiratory protection provision, the 
agency would allow compliance with the previous respirator standard for 
TB protection until completion of the TB rulemaking. Thus, pending 
conclusion of the TB rulemaking, OSHA redesignated the old respiratory 
protection standard in a new section entitled ``Respiratory Protection 
for M. Tuberculosis.`` Because OSHA has withdrawn its proposed TB 
standard, the agency also revoked the designated respiratory protection 
standard, and is applying the general industry respiratory protection 
standard (29 CFR 1910.134) to respiratory protection against TB.

Agency Contact: Steven F. Witt, Director, Directorate of Standards and 
Guidance, Department of Labor, Occupational Safety and Health 
Administration, 200 Constitution Avenue NW., Room N-3718, FP Building, 
Washington, DC 20210
Phone: 202 693-1950
Fax: 202 693-1678

RIN: 1218-AA05
_______________________________________________________________________




1989. FIRE PROTECTION IN SHIPYARD EMPLOYMENT (PART 1915, SUBPART P) 
(SHIPYARDS: FIRE SAFETY)

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

Unfunded Mandates: Undetermined

Legal Authority: 29 USC 655

CFR Citation: 29 CFR 1915, subpart P

Legal Deadline: None

Abstract: The rule will update and revise an important but outdated 
part of OSHA's shipyard rules. The original rule was adopted by OSHA in 
1971 and has remained unchanged since then. A negotiated rulemaking 
committee was convened on October 15, 1996. Members of the committee 
included: OSHA, State government, Federal agency, small and large 
shipyard employers, and maritime and firefighter union representatives. 
The committee completed work in February 2002, and recommended proposal 
requirements to OSHA. The Agency has published an NPRM based on their 
recommendations.

Statement of Need: Fires in the shipyard environment may cause death 
and serious injuries in this 100,000-employee work force. Updating 
OSHA's outdated shipyard requirements for fire extinguishers, sprinkler 
systems, detection systems, alarm systems, and fire brigades will 
facilitate compliance by employers and employees and reduce these fire-
related injuries and fatalities.

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

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

Anticipated Cost and Benefits: The Agency has estimated annual costs of 
the NPRM to be $4.3 million, and that there will be cost savings of 
$6.2 million, in addition to avoiding fatalities and injuries.

Risks: The Agency has estimated that compliance with the NPRM would 
prevent one fatality and 102 lost workday injuries annually.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            12/11/02                    67 FR 76213
NPRM Comment Period End         03/11/03
Final Rule                      08/00/04

Regulatory Flexibility Analysis Required: No

Small Entities Affected: Businesses

Government Levels Affected: Undetermined

Agency Contact: Steven F. Witt, Director, Directorate of Standards and 
Guidance, Department of Labor, Occupational Safety and Health 
Administration, 200 Constitution Avenue NW., Room N-3718, FP Building, 
Washington, DC 20210
Phone: 202 693-1950
Fax: 202 693-1678

RIN: 1218-AB51
_______________________________________________________________________




1990. 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 continues to consider how to address 
this issue, and is re-opening the record to get input on issues related 
to PPE considered to be a ``tool of the trade.''

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
Limited Reopening of Record     07/00/04

Regulatory Flexibility Analysis Required: No

Small Entities Affected: Businesses

Government Levels Affected: Federal, Local, State

Agency Contact: Steven F. Witt, Director, Directorate of Standards and 
Guidance, Department of Labor, Occupational Safety and Health

[[Page 37829]]

Administration, 200 Constitution Avenue NW., Room N-3718, FP Building, 
Washington, DC 20210
Phone: 202 693-1950
Fax: 202 693-1678

RIN: 1218-AB77
_______________________________________________________________________




1991. STANDARDS IMPROVEMENT (MISCELLANEOUS CHANGES) FOR GENERAL 
INDUSTRY, MARINE TERMINALS, AND CONSTRUCTION STANDARDS (PHASE II)

Priority: Other Significant

Legal Authority: 29 USC 655(b)

CFR Citation: 29 CFR 1910, subpart Z; 29 CFR 1910.1001 to 1910.1052; 29 
CFR 1910.142; 29 CFR 1910.178; 29 CFR 1910.219; 29 CFR 1910.261; 29 CFR 
1910.265; 29 CFR 1910.410; 29 CFR 1917.92; 29 CFR 1926.1101; 29 CFR 
1926.1127; 29 CFR 1926.1129; 29 CFR 1926.60; 29 CFR 1926.62

Legal Deadline: None

Abstract: The Occupational Safety and Health Administration (OSHA) is 
proposing to remove or revise provisions in its health standards that 
are out of date, duplicative, unnecessary, or inconsistent. The Agency 
is proposing these changes to reduce the burden imposed on the 
regulated community by these requirements. In this document, 
substantive changes are proposed for standards that will revise or 
eliminate duplicative, inconsistent, or unnecessary regulatory 
requirements without diminishing employee protections. Phase I of this 
Standards Improvement process was completed in June 1998 (63 FR 33450). 
OSHA plans to initiate Phase III of this project at a future date to 
address problems in various safety and health standards.

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

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

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

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

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

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            10/31/02                    67 FR 66493
NPRM Comment Period End         12/20/02
NPRM Comment Period Extended    01/08/03                     68 FR 1023
Second NPRM Comment Period End  01/30/03
Public Hearing                  07/08/03
Final Action                    08/00/04

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, 200 Constitution Avenue NW., Room N-3718, FP Building, 
Washington, DC 20210
Phone: 202 693-1950
Fax: 202 693-1678

RIN: 1218-AB81
_______________________________________________________________________




1992. CONTROLLED NEGATIVE PRESSURE FIT TESTING PROTOCOL: AMENDMENT TO 
THE FINAL RULE ON RESPIRATORY PROTECTION

Priority: Substantive, Nonsignificant

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                            06/06/03                    68 FR 33887
NPRM Comment Period End         09/04/03
Final Action                    07/00/04

Regulatory Flexibility Analysis Required: No

Government Levels Affected: Federal, Local, State, Tribal

Agency Contact: Steven F. Witt, Director, Directorate of Standards and 
Guidance, Department of Labor, Occupational Safety and Health 
Administration, 200 Constitution Avenue NW., Room N-3718, FP Building, 
Washington, DC 20210
Phone: 202 693-1950
Fax: 202 693-1678

RIN: 1218-AC05

[[Page 37830]]

_______________________________________________________________________




1993. PROCEDURES FOR HANDLING DISCRIMINATION COMPLAINTS UNDER SECTION 
806 OF THE CORPORATE AND CRIMINAL FRAUD ACCOUNTABILITY ACT OF 2002

Priority: Other Significant

Unfunded Mandates: Undetermined

Legal Authority: 18 USC 1514A

CFR Citation: 29 CFR 1980

Legal Deadline: None

Abstract: The Sarbanes Oxley Act of 2002, Public Law 107-204 was 
enacted July 30, 2002. Among other provisions, title VIII, entitled the 
Corporate and Criminal Fraud Accountability Act of 2002, provides 
protection for employees of publicly traded companies who provide 
evidence of fraud to any Federal law enforcement agency, members of 
Congress, or a person with supervisory authority over the employee. 
This rule establishes procedures and time frames for the handling of 
complaints under the Act.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              05/28/03                   68 FR 318859
Final Rule                      08/00/04

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Tom Marple, Director, Office of Investigative 
Assistance, Department of Labor, Occupational Safety and Health 
Administration, 200 Constitution Avenue, nw, Room N3622, Washington, DC 
20210
Phone: 202 693-2122
Fax: 202 693-1681

RIN: 1218-AC10
_______________________________________________________________________




1994. PROCEDURES FOR HANDLING DISCRIMINATION COMPLAINTS UNDER SECTION 6 
OF THE PIPELINE SAFETY IMPROVEMENT ACT OF 2002

Priority: Other Significant

Legal Authority: 29 USC 60129

CFR Citation: 29 CFR 1981

Legal Deadline: None

Abstract: This rule establishes procedures and timeframes for the 
handling of complaints under section 6 of the Pipeline Safety 
Improvement Act of 2002, including investigations by OSHA, appeals to 
the Administrative Law Judge (ALJ), appeals of ALJ decisions to the 
Administrative Review Board and judicial review.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              04/05/04                    69 FR 17587
Interim Final Rule Effective    04/05/04
Interim Final Rule Comment 
Period End                      06/04/04
Final Action                    02/00/05

Regulatory Flexibility Analysis Required: No

Small Entities Affected: 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 Ave., NW, Washington, DC 
20210
Phone: 202 693-2187
Fax: 202 693-1681
Email: [email protected]

RIN: 1218-AC12
_______________________________________________________________________




1995.  OREGON STATE PLAN

Priority: Substantive, Nonsignificant

Legal Authority: 29 USC 667

CFR Citation: 29 CFR 1952

Legal Deadline: None

Abstract: OSHA will propose to grant final approval under section 18(e) 
of the OSH Act for the Oregon State occupational safety and health 
plan, administered by the Division of Occupational Safety and Health 
(OR-OSHA) of the Oregon Department of Consumer and Business Services. 
Following a comment period and opportunity to request a public hearing, 
OSHA will make a final determination as a whether to grant final 
approval of the State plan. Actual performance by the State must be 
``at least as effective''overall as the Federal OSHA program in all 
areas covered under the State plan. Final approval results in the 
relinquishment of authority for Federal concurrent enforcement 
jurisdiction in the State with respect to safety and health issues 
covered by the plan.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Notice of Eligibility for Final 
Approval                        10/00/04
Notice of Final Approval 
Determination                   12/00/04

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: State

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

RIN: 1218-AC13
_______________________________________________________________________




1996.  ROLLOVER PROTECTIVE STRUCTURES; OVERHEAD 
PROTECTION

Priority: Substantive, Nonsignificant

Unfunded Mandates: Undetermined

Legal Authority: 29 CFR 1928 subpart C; . . .

CFR Citation: 29 CFR 1926; 29 CFR 1928

Legal Deadline: None

Abstract: XXX

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Direct Final Rule               12/00/04

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: Undetermined

Federalism:  Undetermined

Agency Contact: Steven F. Witt, Director, Directorate of Standards and 
Guidance, Department of Labor, Occupational Safety and Health 
Administration, 200 Constitution Avenue NW., Room N-3718, FP Building, 
Washington, DC 20210
Phone: 202 693-1950
Fax: 202 693-1678

RIN: 1218-AC15

[[Page 37831]]

_______________________________________________________________________


Department of Labor (DOL)                             Completed Actions


Occupational Safety and Health Administration (OSHA)



_______________________________________________________________________




1997. GLYCOL ETHERS: 2-METHOXYETHANOL, 2-ETHOXYETHANOL, AND THEIR 
ACETATES: PROTECTING REPRODUCTIVE HEALTH

Priority: Other Significant

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 re-opened the record to collect updated 
information to help determine what action should be taken. Based on the 
information received and a review of the record, the Agency decided to 
withdraw the proposal.

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
Effective Date                  12/31/03
Withdrawn                       12/31/03                    68 FR 75475

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, 200 Constitution Avenue NW., Room N-3718, FP Building, 
Washington, DC 20210
Phone: 202 693-1950
Fax: 202 693-1678

RIN: 1218-AA84
_______________________________________________________________________




1998. OCCUPATIONAL EXPOSURE TO TUBERCULOSIS

Priority: Economically Significant

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. 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.
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.

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     03/05/02                     67 FR 9934
Reopening Comment Period End    03/25/02
Comment Period End              05/24/02
Withdrawn                       12/31/03                    68 FR 75767

Regulatory Flexibility Analysis Required: Yes

Small Entities Affected: Businesses, Governmental Jurisdictions, 
Organizations

Government Levels Affected: Federal, Local, State, Tribal

Agency Contact: Steven F. Witt, Director, Directorate of Standards and 
Guidance, Department of Labor, Occupational Safety and Health 
Administration, 200 Constitution Avenue NW., Room N-3718, FP Building, 
Washington, DC 20210
Phone: 202 693-1950
Fax: 202 693-1678

RIN: 1218-AB46
_______________________________________________________________________




1999. 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 OSHAgranted the variance, other employers of 
recreational diving

[[Page 37832]]

instructors have asked OSHA to clarify the applicability of the 
variance to their operations. OSHA published 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. Comments have been received and reviewed, and a 
final rule has been issued.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            01/10/03                     68 FR 1399
NPRM Comment Period End         04/10/03
Final Rule                      02/17/04                     69 FR 7351

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, 200 Constitution Avenue NW., Room N-3718, FP Building, 
Washington, DC 20210
Phone: 202 693-1950
Fax: 202 693-1678

RIN: 1218-AB97
_______________________________________________________________________




2000. PRESENCE SENSING DEVICE INITIATION OF MECHANICAL POWER PRESSES 
(SECTION 610 REVIEW)

Priority: Other Significant

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 has undertaken 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 is considering 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
End Review                      06/08/04                    69 FR 31927

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


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



_______________________________________________________________________




2001. UNIFORMED SERVICES EMPLOYMENT AND REEMPLOYMENT RIGHTS ACT 
REGULATIONS

Priority: Other Significant

Legal Authority: 38 USC 4331(a)

CFR Citation: 20 CFR 1002

Legal Deadline: None

Abstract: The Secretary's commitment to protecting the employment 
rights of servicemembers as they return to the civilian work force is 
reflected by the initiative to promulgate regulations implementing the 
Uniformed Services Employment and Reemployment Rights Act of 1994 
(USERRA) with regard to States, local governments and private 
employers. USERRA provides employment and reemployment protections for 
members of the uniformed services, including veterans and members of 
the Reserve and National Guard. The Department has not previously 
issued implementing regulations under USERRA, although the law dates 
back to 1994.

Statement of Need: The Uniformed Services Employment and Reemployment 
Rights Act of 1994 (USERRA), 38 U.S.C. 4301-4333, provides employment 
and reemployment rights for members of the uniformed services, 
including veterans and members of the Reserve and National Guard. Under 
USERRA, eligible service members who leave their civilian jobs for 
military service are entitled to return to their jobs with the 
seniority, status and rate of pay they would have attained had they not 
been away on duty. USERRA also assures that they will not suffer 
discrimination in employment because of their military service or 
obligations.

Following the attacks of September 11, 2001, the President authorized a 
major mobilization of National Guard and Reserve forces that has 
continued into 2004. In the past two and one-half years, the Department 
has experienced a tremendous increase in the number of inquiries about 
USERRA from employers and members of the Guard and Reserve. The high 
volume of requests for technical assistance indicates that there is a 
significant need for consistent and authoritative USERRA guidance. 
USERRA regulations will provide the Department's interpretations of the 
law and procedures for enforcing the law.

Summary of Legal Basis: USERRA authorizes the Secretary of Labor, in 
consultation with the Secretary of Defense, to issue regulations 
implementing USERRA with regard to States, local governments and 
private employers. 38 U.S.C. 4331(a).

Alternatives: In lieu of regulations, the Department could choose to 
continue its compliance assistance efforts, and could issue 
interpretations of USERRA in the form of a USERRA Handbook, policy 
memoranda or other less formal means. These would not benefit from 
broad-based public input, nor would they receive the same level of 
deference as regulations. See United States v. Mead Corp., 533 U.S. 
218, 230 (2001).

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            09/00/04

Regulatory Flexibility Analysis Required: Undetermined

[[Page 37833]]

Small Entities Affected:  Businesses, Governmental Jurisdictions, 
Organizations

Government Levels Affected: Local, State

Agency Contact: Robert Wilson, Chief, Investigation and Compliance 
Division, Department of Labor, Office of the Assistant Secretary for 
Veterans' Employment and Training, 200 Constitution Avenue NW., Room S-
1316, Washington, DC 20210
Phone: 202 693-4719
Fax: 202 693-4755

RIN: 1293-AA09
_______________________________________________________________________




2002. JOBS FOR VETERANS ACT OF 2002: STATE GRANT FUNDING FORMULA FY 2005 
AND BEYOND

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

Legal Authority: 38 USC 4102A (c) (2) (B) as amended by PL 107-288

CFR Citation: 20 CFR 1001.150 to 1001.152

Legal Deadline: None

Abstract: Public Law 107-288, the Jobs for Veterans Act, enacted 
November 7, 2002 requires establishment of a new grant allocation 
formula for Disabled Veterans Outreach Program (DVOP) and Local 
Veterans Employment Representative (LVER) that reflects the ratio of 
the total number of veterans seeking employment residing in the State 
to the total number of veterans seeking employment in all States. 
Congress allowed for the phasing-in of this funding formula requirement 
``over the three fiscal-year period'' beginning October 1, 2002. 
Because funding for fiscal year 2003 had already been established 
before enactment of the law, this effectively meant the phase-in of 
this new funding formula would actually take place over a two-year 
period -- fiscal years 2004 and 2005. To help minimize States' annual 
funding reductions, allocations will be limited to no more than eighty 
percent of the prior year's funding allocation, during the two-year 
phase-in period and ninety percent, after the funding formula is fully 
implemented.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            09/00/04

Regulatory Flexibility Analysis Required: No

Government Levels Affected: State

Agency Contact: Ronald Drach, Team Leader, Department of Labor, Office 
of the Assistant Secretary for Veterans' Employment and Training, 200 
Constitution Avenue, NW, Room S1325, FP Building, Washington, DC 20210
Phone: 202 693-4749
Fax: 202 693-4755

RIN: 1293-AA11
_______________________________________________________________________




2003. JOBS FOR VETERANS ACT OF 2002: CONTRACT THRESHOLD AND ELIGIBILITY 
GROUPS FOR FEDERAL CONTRACTOR PROGRAM

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

Legal Authority: 38 USC 4212(a) as amended by PL 107-288

CFR Citation: 41 CFR 61--300

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 Jobs For Veterans Act (JVA) of 2002. This act 
amended the Vietnam Veterans' Readjustment Assistance Act of 1974, as 
amended (VEVRAA), by revising the reporting threshold from $25,000 to 
$100,000. JVA also eliminated the collection categories of special 
disabled veterans and veterans of the Vietnam era and added the new 
collection categories of disabled veterans and armed forces 
expeditionary medal veterans. JVA continues the collection for the 
recently separated veterans category, but changed the definition for 
that category to include any veteran who served on active duty in the 
U.S. military ground, naval, or air service during the three-year 
period beginning on the date of such veteran's discharge or release 
from active duty. Additionally, Federal contractors and subcontractors 
will be required to report the total number of all current employees in 
nine job categories for each hiring location. This proposal will assist 
VETS in meeting the statutory requirement of annually collecting the 
VETS-100 Report.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            12/00/04

Regulatory Flexibility Analysis Required: No

Small Entities Affected: Businesses, Organizations

Government Levels Affected: None

Agency Contact: Robert Wilson, Chief, Investigation and Compliance 
Division, Department of Labor, Office of the Assistant Secretary for 
Veterans' Employment and Training, 200 Constitution Avenue NW., Room S-
1316, Washington, DC 20210
Phone: 202 693-4719
Fax: 202 693-4755

RIN: 1293-AA12
_______________________________________________________________________


Department of Labor (DOL)                             Completed Actions


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



_______________________________________________________________________




2004. JOBS FOR VETERANS ACT OF 2002: UNIFORM NATIONAL THRESHOLD

Priority: Other Significant

Legal Authority: 38 USC 4102(c) (3) (B) as amended by PL 107-288

CFR Citation: 20 CFR 1001

Legal Deadline: None

Abstract: Public Law 107-288, the Jobs for Veterans Act, enacted 
November 7, 2002 requires the establishment of a uniform national 
threshold Veterans' Entered Employment Rate (EER). The uniform national 
threshold Veterans' Entered Employment Rate is the rate at which 
veterans enter employment after receiving labor exchange services. A 
state's EER is considered deficient if it falls below this established 
national threshold for the preceding program year. As a condition for 
receipt of funds, the Act stipulates that any state found to be 
deficient in its EER shall develop a plan to improve its performance.

[[Page 37834]]

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Withdrawn                       04/23/04

Regulatory Flexibility Analysis Required: No

Government Levels Affected: State

Agency Contact: Ronald Drach, Team Leader, Department of Labor, Office 
of the Assistant Secretary for Veterans' Employment and Training, 200 
Constitution Avenue, NW, Room S1325, FP Building, Washington, DC 20210
Phone: 202 693-4749
Fax: 202 693-4755

RIN: 1293-AA13
[FR Doc. 04-12888 Filed 06-25-04; 8:45 am]
BILLING CODE 4510-23-S