[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 27164]]



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 2005 and April 2006, 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)

     Lead in Construction (RIN 1218-AC18)

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
----------------------------------------------------------------------------------------------------------------
1864        Production or Disclosure of Information or Materials..................................    1290-AA17
----------------------------------------------------------------------------------------------------------------


                               Employment Standards Administration--Prerule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
1865        Child Labor Regulations, Orders, and Statements of Interpretation.....................    1215-AB44
1866        Union Officials: Guidelines for Fiduciary Responsibilities Under Section 510(a) of the    1215-AB52
            Labor-Management Reporting and Disclosure Act.........................................
----------------------------------------------------------------------------------------------------------------


[[Page 27165]]


                            Employment Standards Administration--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
1867        Amendments to the Fair Labor Standards Act............................................    1215-AB13
1868        Family and Medical Leave Act of 1993; Conform to the Supreme Court's Ragsdale Decision    1215-AB35
1869        Affirmative Action and Nondiscrimination Obligations of Contractors and Subcontractors    1215-AB46
            for Special Disabled Veterans and Veterans of the Vietnam Era.........................
1870        Labor Organization Officer and Employee Reports.......................................    1215-AB49
----------------------------------------------------------------------------------------------------------------


                              Employment Standards Administration--Final Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
1871        Affirmative Action and Nondiscrimination Obligations of Contractors and Subcontractors    1215-AB24
            for Special Disabled Veterans and Veterans of the Vietnam Era.........................
1872        Government Contractors: Nondiscrimination and Affirmative Action Obligations,             1215-AB28
            Executive Order 11246 (ESA/OFCCP) (Revised)...........................................
1873        Requirements for Security of Insurance Obligations Under the Longshore and Harbor         1215-AB38
            Workers' Compensation Act.............................................................
1874        Obligation To Solicit Race and Gender Data for Agency Enforcement Purposes............    1215-AB45
1875        Service Contract Act Wage Determination OnLine Request Process........................    1215-AB47
1876        Standards of Conduct for Federal Sector Labor Organizations...........................    1215-AB48
1877        Claims for Compensation Under the Energy Employees Occupational Illness Compensation      1215-AB51
            Program Act of 2000, as Amended.......................................................
----------------------------------------------------------------------------------------------------------------


                             Employment Standards Administration--Long-Term Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
1878        Labor Condition Applications and Requirements for Employers Using Nonimmigrants on H-     1215-AB09
            1B Visas in Specialty Occupations and as Fashion Models...............................
1879        Union Organization and Voting Rights: Criteria for Characterizing a Labor Organization    1215-AB50
            as a Local, Intermediate, or National or International Labor Organization.............
----------------------------------------------------------------------------------------------------------------


                             Employment Standards Administration--Completed Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
1880        Child Labor Regulations, Orders, and Statements of Interpretation (ESA/W-H)...........    1215-AA09
1881        Davis Bacon Volunteers Under the Federal Acquisition Streamlining Act.................    1215-AA96
----------------------------------------------------------------------------------------------------------------


                           Employment and Training Administration--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
1882        Revision to the Department of Labor Benefit Regulations for Trade Adjustment              1205-AB32
            Assistance for Workers Under the Trade Act of 1974, as Amended........................
1883        Labor Condition Applications for Employers Using Nonimmigrants on H-1B Visas in           1205-AB39
            Specialty Occupations and as Fashion Models; Filing Procedures........................
1884        Revision to the Department of Labor Regulations for Petitions and Determinations of       1205-AB40
            Eligibility To Apply for Trade Adjustment Assistance for Workers and Issuance of
            Regulations for the Alternative TAA...................................................
1885        Federal-State Unemployment Compensation Program; Eligibility..........................    1205-AB41
1886        Labor Certification for the Permanent Employment of Aliens in the United States;          1205-AB42
            Reducing the Incentives and Opportunities for Fraud and Abuse.........................
----------------------------------------------------------------------------------------------------------------


[[Page 27166]]


                            Employment and Training Administration--Final Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
1887        Indian and Native American Welfare-to-Work Program....................................    1205-AB16
1888        Federal-State Unemployment Compensation (UC) Program; Confidentiality and Disclosure      1205-AB18
            of Information in State UC Records....................................................
----------------------------------------------------------------------------------------------------------------


                            Employment and Training Administration--Long-Term Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
1889        Attestations by Facilities Temporarily Employing H-1C Nonimmigrant Aliens as              1205-AB27
            Registered Nurses.....................................................................
1890        Post-Adjudication Audits of H-2B Petitions Other Than Logging in the United States....    1205-AB36
1891        Labor Certification for the Permanent Employment of Aliens in the United States;          1205-AB37
            Backlog Reduction.....................................................................
1892        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-1B1
            Visas for Chile and Singapore.........................................................
----------------------------------------------------------------------------------------------------------------


                            Employment and Training Administration--Completed Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
1893        Labor Certification Process for the Permanent Employment of Aliens in the United          1205-AA66
            States................................................................................
----------------------------------------------------------------------------------------------------------------


                            Employee Benefits Security Administration--Prerule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
1894        Prohibited Transaction Exemption Procedures (Section 610 Review)......................    1210-AA98
1895        Statutory Exemption for Loans to Plan Participants (Section 610 Review)...............    1210-AA99
----------------------------------------------------------------------------------------------------------------


                         Employee Benefits Security Administration--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
1896        Rulemaking Relating to the Women's Health and Cancer Rights Act of 1998...............    1210-AA75
1897        Civil Penalty for Failure To Provide Section 302 Notice...............................    1210-AB01
1898        Amendment of Regulation Relating to Definition of Plan Assets--Participant                1210-AB02
            Contributions.........................................................................
1899        Voluntary Fiduciary Correction Program................................................    1210-AB03
1900        Electronic Filing of Annual Reports...................................................    1210-AB04
1901        Claims Procedures for Medicare Integrated Plans.......................................    1210-AB05
1902        Revision of the Form 5500 Series and Implementing Regulations.........................    1210-AB06
1903        Amendment of Section 404(c) Regulation--Disclosure....................................    1210-AB07
1904        Amendment of Standards Applicable to General Statutory Exemption for Services.........    1210-AB08
----------------------------------------------------------------------------------------------------------------


                           Employee Benefits Security Administration--Final Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
1905        Regulations Implementing the Health Care Access, Portability, and Renewability            1210-AA54
            Provisions of the Health Insurance Portability and Accountability Act of 1996.........
1906        Health Care Standards for Mothers and Newborns........................................    1210-AA63
1907        Prohibiting Discrimination Against Participants and Beneficiaries Based on Health         1210-AA77
            Status................................................................................

[[Page 27167]]

 
1908        Rulemaking Relating to Termination of Abandoned Individual Account Plans..............    1210-AA97
1909        Annual Funding Notice for Multiemployer Plans.........................................    1210-AB00
----------------------------------------------------------------------------------------------------------------


                          Employee Benefits Security Administration--Long-Term Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
1910        Adequate Consideration................................................................    1210-AA15
----------------------------------------------------------------------------------------------------------------


                          Employee Benefits Security Administration--Completed Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
1911        Mental Health Benefits Parity.........................................................    1210-AA62
----------------------------------------------------------------------------------------------------------------


                           Mine Safety and Health Administration--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
1912        Asbestos Exposure Limit...............................................................    1219-AB24
1913        Revising Electrical Product Approval Regulations......................................    1219-AB37
----------------------------------------------------------------------------------------------------------------


                             Mine Safety and Health Administration--Final Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
1914        Improving and Eliminating Regulations.................................................    1219-AA98
1915        Diesel Particulate Matter Exposure of Underground Metal and Nonmetal Miners...........    1219-AB29
1916        High-Voltage Continuous Mining Machine Standards for Underground Coal Mines...........    1219-AB34
1917        Training Standards for Shaft and Slope Construction Workers at Underground Mines......    1219-AB35
1918        Part 5--Fees for Testing, Evaluation, and Approval of Mining Products.................    1219-AB38
----------------------------------------------------------------------------------------------------------------


                            Mine Safety and Health Administration--Long-Term Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
1919        Verification of Underground Coal Mine Operators' Dust Control Plans and Compliance        1219-AB14
            Sampling for Respirable Dust..........................................................
1920        Determination of Concentration of Respirable Coal Mine Dust...........................    1219-AB18
1921        Respirable Crystalline Silica Standard................................................    1219-AB36
----------------------------------------------------------------------------------------------------------------


             Office of the Assistant Secretary for Administration and Management--Long-Term Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
1922        Implementation of the Nondiscrimination and Equal Opportunity Requirements of the         1291-AA29
            Workforce Investment Act of 1998......................................................

[[Page 27168]]

 
1923        Grants and Agreements.................................................................    1291-AA30
----------------------------------------------------------------------------------------------------------------


                          Occupational Safety and Health Administration--Prerule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
1924        Occupational Exposure to Beryllium....................................................    1218-AB76
1925        Cranes and Derricks...................................................................    1218-AC01
1926        Excavations (Section 610 Review)......................................................    1218-AC02
1927        Ionizing Radiation....................................................................    1218-AC11
1928        Emergency Response and Preparedness...................................................    1218-AC17
1929        Lead in Construction (Section 610 Review).............................................    1218-AC18
1930        Standards Improvement.................................................................    1218-AC19
1931        Hazard Communication..................................................................    1218-AC20
----------------------------------------------------------------------------------------------------------------


                       Occupational Safety and Health Administration--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
1932        Confined Spaces in Construction (Part 1926): Preventing Suffocation/ Explosions in        1218-AB47
            Confined Spaces.......................................................................
1933        General Working Conditions for Shipyard Employment....................................    1218-AB50
1934        Electric Power Transmission and Distribution; Electrical Protective Equipment.........    1218-AB67
1935        Occupational Exposure to Crystalline Silica...........................................    1218-AB70
1936        Walking Working Surfaces and Personal Fall Protection Systems (1910) (Slips, Trips,       1218-AB80
            and Fall Prevention)..................................................................
1937        Explosives............................................................................    1218-AC09
----------------------------------------------------------------------------------------------------------------


                         Occupational Safety and Health Administration--Final Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
1938        Assigned Protection Factors: Amendments to the Final Rule on Respiratory Protection...    1218-AA05
1939        Longshoring and Marine Terminals (Parts 1917 and 1918)--Reopening of the Record           1218-AA56
            (Vertical Tandem Lifts (VTLs))........................................................
1940        Occupational Exposure to Hexavalent Chromium (Preventing Occupational Illness:            1218-AB45
            Chromium).............................................................................
1941        Employer Payment for Personal Protective Equipment....................................    1218-AB77
1942        Revision and Update of Subpart S--Electrical Standards................................    1218-AB95
1943        Updating OSHA Standards Based on National Consensus Standards.........................    1218-AC08
1944        Oregon State Plan.....................................................................    1218-AC13
1945        Slip Resistance of Skeletal Structural Steel..........................................    1218-AC14
1946        Rollover Protective Structures; Overhead Protection...................................    1218-AC15
1947        NFPA Standards in Shipyard Fire Protection............................................    1218-AC16
----------------------------------------------------------------------------------------------------------------


                        Occupational Safety and Health Administration--Long-Term Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
1948        Hearing Conservation Program for Construction Workers.................................    1218-AB89
----------------------------------------------------------------------------------------------------------------


[[Page 27169]]


                        Occupational Safety and Health Administration--Completed Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
1949        Occupational Exposure to Ethylene Oxide (Section 610 Review)..........................    1218-AB60
1950        Standards Improvement (Miscellaneous Changes) for General Industry, Marine Terminals,     1218-AB81
            and Construction Standards (Phase II).................................................
1951        Procedures for Handling Discrimination Complaints Under Section 6 of the Pipeline         1218-AC12
            Safety Improvement Act of 2002........................................................
----------------------------------------------------------------------------------------------------------------


          Office of the Assistant Secretary for Veterans' Employment and Training--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
1952        Jobs for Veterans Act of 2002: Contract Threshold and Eligibility Groups for Federal      1293-AA12
            Contractor Program....................................................................
----------------------------------------------------------------------------------------------------------------


            Office of the Assistant Secretary for Veterans' Employment and Training--Final Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
1953        Uniformed Services Employment and Reemployment Rights Act Regulations.................    1293-AA09
1954        Jobs for Veterans Act of 2002: State Grant Funding Formula FY 2005 and Beyond.........    1293-AA11
1955        Notice of Rights, Benefits, and Obligations under the USERRA..........................    1293-AA14
----------------------------------------------------------------------------------------------------------------

_______________________________________________________________________


Department of Labor (DOL)                              Final Rule Stage


Office of the Secretary (OS)



_______________________________________________________________________




1864. 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                    06/00/05

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Agency Contact: Miriam McD. Miller, Legislative Counsel, Department of 
Labor, Office of the Secretary, Room N2428, 200 Constitution Avenue NW, 
FP Building, Washington, DC 20210
Phone: 202 693-5500
Email: [email protected]

RIN: 1290-AA17
_______________________________________________________________________


Department of Labor (DOL)                                 Prerule Stage


Employment Standards Administration (ESA)



_______________________________________________________________________




1865. 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.)

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           10/00/05

Regulatory Flexibility Analysis Required: Undetermined

[[Page 27170]]

Small Entities Affected:  Businesses, Governmental Jurisdictions

Government Levels Affected: Local, State

Federalism:  Undetermined

URL For Public Comments:
www.regulations.gov

Agency Contact: Alfred B. Robinson, Deputy 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

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




1866. [bull] UNION OFFICIALS: GUIDELINES FOR FIDUCIARY RESPONSIBILITIES 
UNDER SECTION 510(A) OF THE LABOR-MANAGEMENT REPORTING AND DISCLOSURE 
ACT

Priority: Substantive, Nonsignificant

Legal Authority: 29 USC 501(a); 29 USC 521

CFR Citation: Not Yet Determined

Legal Deadline: None

Abstract: This notice requests information from the public to assist 
the Department of Labor in determining whether to issue guidelines 
concerning the fiduciary obligations of union officers and other 
representative under section 501(a) of the LMRDA, 29 U.S.C. section 
501. Section 501 states in general terms that officers and other 
representatives of a labor organization occupy ``positions of trust'' 
within their labor organizations and must act in the best interest of 
their union. The LMRDA does not, however, describe in any detail the 
nature and scope of these fiduciary duties.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Request for Information         08/00/05

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Agency Contact: Kay H. Oshel, Director, Office of Policy, Reporting and 
Disclosure, Office of Labor-Management Standards, Department of Labor, 
Employment Standards Administration, 200 Constitution Avenue NW, FP 
Building, Room N-5605, Washington, DC 20210
Phone: 202 693-1233
TDD Phone: 800 877-8399
Fax: 202 693-1340
Email: [email protected]

RIN: 1215-AB52
_______________________________________________________________________


Department of Labor (DOL)                           Proposed Rule Stage


Employment Standards Administration (ESA)



_______________________________________________________________________




1867. 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: Small Business Job Protection Act of 1996 (H.R. 3448) enacted 
on August 20, 1996 (Public Law 104-188, Title II) 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) Increased the 
$4.25 Federal minimum hourly wage in two steps to $5.15 on September 1, 
1997; (2) provided 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. Other updates will address 
needed clarifications to additional sections of the regulations, 
including sections affected by Public Law 106-151, section 1 (Dec. 9, 
1999), 113 Stat. 1731, and Public Law 106-202 (May 18, 2002), 114 Stat. 
308.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            12/00/05

Regulatory Flexibility Analysis Required: No

Government Levels Affected: Federal, Local, State

URL For Public Comments:
http://www.regulations.gov

Agency Contact: Alfred B. Robinson, Deputy 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
_______________________________________________________________________




1868. 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

[[Page 27171]]

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                            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, Deputy 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
_______________________________________________________________________




1869. 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 Assistance 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 was awarded 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 release 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 changes to the regulations. The VEVRAA Final Rule 
implementing the Veterans Employment Opportunities Act of 1998 and 
Veterans Benefits Health Care Improvement Act of 2000 at 41 CFR 60-250, 
is RIN 1215-AB24.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            08/00/05

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: None

Agency Contact: Joseph J. DuBray Jr., Director, Div. of Policy, 
Planning & Program Development, Off. of Fed. Contract Compliance 
Programs, Department of Labor, Employment Standards Administration, 200 
Constitution Avenue NW., Room N-3422, FP Building, Washington, DC 20210
Phone: 202 693-0102
TDD Phone: 202 693-1337
Fax: 202 693-1304
Email: [email protected]

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




1870. LABOR ORGANIZATION OFFICER AND EMPLOYEE REPORTS

Priority: Substantive, Nonsignificant

Legal Authority: 29 USC 432, 438

CFR Citation: 29 CFR 404.3

Legal Deadline: None

Abstract: This notice of proposed rulemaking will propose revising Form 
LM-30, the report filed by labor organization officers and employees 
who have engaged in certain transactions or received certain payments 
from employers and businesses. The proposed revision would clarify a 
number of ambiguities in the current instructions.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            05/00/05

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

URL For More Information:
www.olms.dol.gov

Agency Contact: Kay H. Oshel, Director, Office of Policy, Reporting

[[Page 27172]]

and Disclosure, Office of Labor-Management Standards, Department of 
Labor, Employment Standards Administration, 200 Constitution Avenue NW, 
FP Building, Room N-5605, Washington, DC 20210
Phone: 202 693-1233
TDD Phone: 800 877-8399
Fax: 202 693-1340
Email: [email protected]

RIN: 1215-AB49
_______________________________________________________________________


Department of Labor (DOL)                              Final Rule Stage


Employment Standards Administration (ESA)



_______________________________________________________________________




1871. 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 
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 references 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 regulations no 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                      05/00/05

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Agency Contact: Joseph J. DuBray Jr., Director, Div. of Policy, 
Planning & Program Development, Off. of Fed. Contract Compliance 
Programs, Department of Labor, Employment Standards Administration, 200 
Constitution Avenue NW., Room N-3422, FP Building, Washington, DC 20210
Phone: 202 693-0102
TDD Phone: 202 693-1337
Fax: 202 693-1304
Email: [email protected]

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




1872. GOVERNMENT CONTRACTORS: NONDISCRIMINATION AND AFFIRMATIVE ACTION 
OBLIGATIONS, EXECUTIVE ORDER 11246 (ESA/OFCCP) (REVISED)

Priority: Other Significant

Legal Authority: 29 USC 793; 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                      05/00/05

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Joseph J. DuBray Jr., Director, Div. of Policy, 
Planning & Program Development, Off. of Fed. Contract Compliance 
Programs, Department of Labor, Employment Standards Administration, 200 
Constitution Avenue NW., Room N-3422, FP Building, Washington, DC 20210
Phone: 202 693-0102
TDD Phone: 202 693-1337
Fax: 202 693-1304
Email: [email protected]

RIN: 1215-AB28
_______________________________________________________________________




1873. 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)

[[Page 27173]]

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                    07/00/05

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

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
_______________________________________________________________________




1874. 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 each 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 
responsibilities. The final rule would amend OFCCP recordkeeping 
requirements for OFCCP enforcement and compliance monitoring and other 
enforcement purposes to conform to the new interpretive guidance 
promulgated by the UGESP agencies.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            03/29/04                    69 FR 16446
NPRM Comment Period End         05/28/04
Final Action                    07/00/05

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Agency Contact: Joseph J. DuBray Jr., Director, Div. of Policy, 
Planning & Program Development, Off. of Fed. Contract Compliance 
Programs, Department of Labor, Employment Standards Administration, 200 
Constitution Avenue NW., Room N-3422, FP Building, Washington, DC 20210
Phone: 202 693-0102
TDD Phone: 202 693-1337
Fax: 202 693-1304
Email: [email protected]

RIN: 1215-AB45
_______________________________________________________________________




1875. SERVICE CONTRACT ACT WAGE DETERMINATION ONLINE REQUEST PROCESS

Priority: Other Significant

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.

[[Page 27174]]

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            12/16/04                    69 FR 75408
NPRM Comment Period End         01/18/05
Final Action                    06/00/05

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: Federal

URL For Public Comments:
www.regulations.gov

Agency Contact: Alfred B. Robinson, Deputy 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
_______________________________________________________________________




1876. STANDARDS OF CONDUCT FOR FEDERAL SECTOR LABOR ORGANIZATIONS

Priority: Other Significant

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                            11/03/04                    69 FR 64221
NPRM Comment Period End         01/03/05
Final Action                    08/00/05

Regulatory Flexibility Analysis Required: No

Small Entities Affected: Organizations

Government Levels Affected: None

Agency Contact: Don Todd, Deputy Assistant Secretary, Office of Labor-
Management Standards Employment Standards Administration, 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
_______________________________________________________________________




1877. [bull] CLAIMS FOR COMPENSATION UNDER THE ENERGY EMPLOYEES 
OCCUPATIONAL ILLNESS COMPENSATION PROGRAM ACT OF 2000, AS AMENDED

Priority: Economically Significant. Major under 5 USC 801.

Legal Authority: 42 USC 7384d(a); 42 USC 7385s-10(e); EO 13179

CFR Citation: 20 CFR 1; 20 CFR 30

Legal Deadline: Final, Statutory, May 26, 2005, 42 USC 7385s-10(e).
210 days within which to promulgate interim final regulations.

Abstract: The regulations will govern how the Office of Workers' 
Compensation Programs (OWCP) administers the Energy Employees 
Occupational Illness Compensation Program Act of 2000, as amended 
(EEOICPA), 42 U.S.C. Sec.  7384 et seq. Since July 31, 2001, OWCP has 
administered the provisions of Part B of the EEOICPA that were not 
assigned to the Secretary of Health and Human Services, to the 
Secretary of Energy, or to the Attorney General by E.O. 13179. Part B 
of the EEOICPA provides for the payment of lump-sum compensation and 
medical benefits to Department of Energy employees and certain of its 
contractors and subcontractors (or their survivors) who sustained an 
occupational illness due to exposure to radiation, beryllium or silica. 
Part B also provides for medical benefits and a supplemental lump-sum 
payment to awardees under section 5 of the Radiation Exposure 
Compensation Act(RECA), 42 U.S.C. Sec.  2210 (note).
On October 28, 2004, the President signed legislation repealing former 
Part D of the EEOICPA that had been administered by the Secretary of 
Energy and creating a new Part E, which provides for the payment of 
additional monetary compensation (based on permanent impairment and/or 
wage loss) and medical benefits for DOE contractor employees (or their 
survivors) and uranium miners, millers and ore transporters covered by 
section 5 of the RECA (or their survivors) who sustained a covered 
illness due to exposure to a toxic substance while working at a DOE 
facility, or a uranium mine or mill covered under section 5 of RECA. 
Responsibility for administration of Part E of the EEOICPA was assigned 
to the Secretary of Labor, who was given 210 days to promulgate interim 
final regulations necessary for administration of the new program.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              05/00/05

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Peter Turcic, Director, Division of Energy Employees, 
Occupational Illness Compensation, OWCP, Department of Labor, 
Employment Standards Administration, 200 Constitution Avenue, NW, FP 
Building, Room C-3321, Washington, DC 20210
Phone: 202 693-0081
Fax: 202 693-1465
Email: [email protected]

RIN: 1215-AB51

[[Page 27175]]

_______________________________________________________________________


Department of Labor (DOL)                             Long-Term Actions


Employment Standards Administration (ESA)



_______________________________________________________________________




1878. 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 which the Department proposed to incorporate into the 
regulations. Since publishing the proposed rule, Congress enacted 
further amendments to the H-1B provisions under the American 
Competitiveness in the Twenty-First Century Act of 2000 (Pub. L. 106-
313; Oct. 17, 2000), the Immigration and Nationality Act--Amendments 
(Pub. L. 106-311; Oct. 17, 2000), and section 401 of the Visa Waiver 
Permanent Program Act (Pub. L. 106-396; Oct. 30, 2000).

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            10/31/95                    60 FR 55339
NPRM Comment Period End         11/30/95
NPRM                            01/05/99                      64 FR 628
NPRM Comment Period End         02/04/99
Interim Final Rule              12/20/00                    65 FR 80110
Interim Final Rule Effective    01/19/01
Interim Final Rule Comment 
Period End                      04/23/01                    66 FR 10865
Final Action                     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.
On December 8, 2004, Congress enacted the H-1B Visa Reform Act of 2004 
as part of the Consolidated Appropriations Act of 2005 (Pub. L. 108-
447, 188 Stat. 2809, Division J, Title IV, Subtitle B (Dec. 8, 2004)), 
which reinstated (effective March 8, 2005) certain attestation 
requirements for H-1B dependent employers and employers found to have 
committed willful violations or misrepresentations of material facts 
during the five-year period prior to filing the H-1B Labor Condition 
Application.

Agency Contact: Alfred B. Robinson, Deputy 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
_______________________________________________________________________




1879. UNION ORGANIZATION AND VOTING RIGHTS: CRITERIA FOR CHARACTERIZING 
A LABOR ORGANIZATION AS A LOCAL, INTERMEDIATE, OR NATIONAL OR 
INTERNATIONAL LABOR ORGANIZATION

Priority: Other Significant

Legal Authority: 29 USC 481 and 482

CFR Citation: 29 CFR 452.11

Legal Deadline: None

Abstract: The Request for Information seeks comments from the public as 
to whether and how to revise the current tests for determining whether 
a labor organization is a local union, intermediate union, or national 
or international union.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Request for Information         11/03/04                    69 FR 64234
Other/Comment Period Extended   12/03/04                    69 FR 70288
Other/Comment Period End        01/03/05


Next Action Undetermined

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

URL For More Information:
www.olms.dol.gov

Agency Contact: Kay H. Oshel, Director, Office of Policy, Reporting and 
Disclosure, Office of Labor-Management Standards, Department of Labor, 
Employment Standards Administration, 200 Constitution Avenue NW, FP 
Building, Room N-5605, Washington, DC 20210
Phone: 202 693-1233
TDD Phone: 800 877-8399
Fax: 202 693-1340
Email: [email protected]

RIN: 1215-AB50

[[Page 27176]]

_______________________________________________________________________


Department of Labor (DOL)                             Completed Actions


Employment Standards Administration (ESA)



_______________________________________________________________________




1880. 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 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

[[Page 27177]]

NPRM                            11/30/99                    64 FR 67130
NPRM Comment Period End         01/31/00
Final Action                    12/16/04                    69 FR 75382
Final Action Effective          02/14/05

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Agency Contact: Alfred B. Robinson, Deputy 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
_______________________________________________________________________




1881. 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, P.L. 103-
355, 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 that Act's prevailing wage 
requirements under six selected laws for volunteers performing services 
to a State or local government or agency or 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). Although regulations were planned to implement waivers 
of DB prevailing wages for volunteers, 3 of the 6 affected provisions 
have since been repealed. Those remaining can be addressed through 
operating guidance and compliance assistance materials without 
regulations. This proposed action is, therefore, permanently withdrawn 
from the regulatory agenda.

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
No Further Action Antiicpated   03/03/05

Regulatory Flexibility Analysis Required: No

Government Levels Affected: Federal, Local, State

Agency Contact: Alfred B. Robinson, Deputy 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
_______________________________________________________________________


Department of Labor (DOL)                           Proposed Rule Stage


Employment and Training Administration (ETA)



_______________________________________________________________________




1882. REVISION TO THE DEPARTMENT OF LABOR BENEFIT REGULATIONS FOR TRADE 
ADJUSTMENT ASSISTANCE FOR WORKERS UNDER THE TRADE ACT OF 1974, AS 
AMENDED

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 Adjustment Assistance Reform 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 changes 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 write it in plain English, while 
amending the WIA regulations at 20 CFR parts 665 and 671 regarding 
Rapid Response and National Emergency Grants as they relate to the TAA 
program.
The proposed part 618 consists of nine subparts: subpart A - General; 
subpart B--Petitions and Determinations of Eligibility to Apply for 
Trade Adjustment Assistance (and Alternative TAA); subpart C---Delivery 
of Services throughout the One-Stop Delivery System; subpart D--Job 
Search Allowances; subpart E--Relocation Allowances; subpart F--
Training Services; subpart G--Trade Readjustment Allowances (TRA); 
subpart H--Administration by Applicable State Agencies; and subpart I--
Alternative Trade Adjustment Assistance for Older Workers. Because of 
the complexity of the subject matter and the States' needs for 
definitive instructions on providing TAA benefits, the rulemaking for 
part 618 is divided into two parts. This notice of proposed rulemaking 
covers the general provisions (subpart A) and TAA benefits portions 
(subpart C through subpart H) of the regulations. A separate notice of 
proposed rulemaking will cover the two remaining subparts (subpart B 
and subpart I).

Statement of Need: The Trade Adjustment Assistance Reform 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.

[[Page 27178]]

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 for Older Workers program that 
targets older worker groups who are certified as TAA eligible and 
provides the option of a wage supplement instead of training, job 
search, and income support.
The Department is mandated to implement the amendments within 90 days 
from enactment (November 4, 2002), and it issued operating instructions 
in a guidance letter on October 10, 2002, and later published in the 
Federal Register (67 FR 69029-41). 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 19 U.S.C. 
2320 due to the amendments to the Trade Act of 1974 by the Trade 
Adjustment Assistance Reform Act of 2002.

Alternatives: The public will be afforded an opportunity to provide 
comments on the TAA program changes when the Department publishes the 
proposed 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                            08/00/05

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: Federal, State

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

RIN: 1205-AB32
_______________________________________________________________________




1883. 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) and 1182(t)

CFR Citation: 20 CFR 655.720; 20 CFR 655.730

Legal Deadline: None

Abstract: Currently, Department of Labor Regulations (hereinafter 
Department or DOL) allow employers to file labor condition applications 
(LCA) for the H-1B and H-1B1 programs electronically, by facsimile 
transmission (FAX), and by mail. The Department seeks comments on a 
proposal that will require employers to file LCAs electronically, 
except 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 changes in address for the 
submission of LCAs by mail. The Department believes the e-filing 
process will ensure expeditious processing of H-1B and H-1B1 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 and H-1B1 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 and H-1B1 employers 
or alien beneficiaries.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            04/01/05                    70 FR 16774
NPRM Comment Period End         05/02/05
Response to Comments            06/00/05

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 C4312 FP Building, 
Washington, DC 20210
Phone: 202 693-3010
Fax: 202 693-2768
Email: [email protected]

RIN: 1205-AB39
_______________________________________________________________________




1884. REVISION TO THE DEPARTMENT OF LABOR REGULATIONS FOR PETITIONS AND 
DETERMINATIONS OF ELIGIBILITY TO APPLY FOR TRADE ADJUSTMENT ASSISTANCE 
FOR WORKERS AND ISSUANCE OF REGULATIONS FOR THE ALTERNATIVE TAA

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

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 Adjustment Assistance Reform 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 changes regarding trade adjustment assistance (TAA) program 
benefits.
It is the agency's intention to create a new 20 CFR part 618 to 
incorporate the

[[Page 27179]]

amendments and write it in plain English, while amending the WIA 
regulations at 20 CFR parts 665 and 671 regarding Rapid Response and 
National Emergency Grants as they relate to the TAA program.
The proposed part 618 consists of nine subparts: subpart A--General; 
subpart B--Petitions and Determinations of Eligibility to Apply for 
Trade Adjustment Assistance (and Alternative TAA); subpart C--Delivery 
of Services throughout the One-Stop Delivery System; subpart D--Job 
Search Allowances; subpart E--Relocation Allowances; subpart F--
Training Services; subpart G--Trade Readjustment Allowances (TRA); 
subpart H--Administration by Applicable State Agencies; and subpart I--
Alternative Trade Adjustment Assistance (ATAA) for Older Workers. 
Because of the complexity of the subject matter and the States' needs 
for definitive instructions on providing TAA benefits, the rulemaking 
for part 618 is divided into two parts. This notice of proposed 
rulemaking covers the petitions and determinations (subpart B) and ATAA 
(subpart I) of the regulations. A separate notice of proposed 
rulemaking will cover the remaining subparts (subpart A and subparts C 
through H).

Statement of Need: The Trade Adjustment Assistance Reform 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 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 for Older Workers program that 
targets older worker groups who are certified as TAA eligible and 
provides the option of a wage supplement instead of training, job 
search, and income support.
The Department is mandated to implement the amendments within 90 days 
from enactment (November 4, 2002), and it issued operating instructions 
in a guidance letter on October 10, 2002, and later published in the 
Federal Register (67 FR 69029-41). 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 19 U.S.C. 
2320 due to the amendments to the Trade Act of 1974 by the Trade 
Adjustment Assistance Reform Act of 2002.

Alternatives: The public will be afforded an opportunity to provide 
comments on the TAA program changes when the Department publishes the 
proposed 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                            09/00/05

Regulatory Flexibility Analysis Required: No

Government Levels Affected: Federal, State

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

RIN: 1205-AB40
_______________________________________________________________________




1885. [bull] FEDERAL-STATE UNEMPLOYMENT COMPENSATION PROGRAM; 
ELIGIBILITY

Priority: Other Significant

Legal Authority: 42 USC 503(a)(5); 26 USC 3304(a)(4)

CFR Citation: 20 CFR 604 (New)

Legal Deadline: None

Abstract: Federal Unemployment Compensation (UC) law is inherently 
based on wage insurance principles. The regulation would interpret and 
apply these principles, thereby establishing minimum standards that 
states will be required to meet if their employers are to continue to 
receive credit against the Federal unemployment tax and if the state is 
to continue to receive UC administrative grants.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            07/00/05
NPRM Comment Period End         08/00/05

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.

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-AB41
_______________________________________________________________________




1886. [bull] LABOR CERTIFICATION FOR THE PERMANENT EMPLOYMENT OF ALIENS 
IN THE UNITED STATES; REDUCING THE INCENTIVES AND OPPORTUNITIES FOR 
FRAUD AND ABUSE

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: The Department of Labor is proposing changes to reduce the 
incentives and opportunities for fraud

[[Page 27180]]

and abuse related to the permanent employment of aliens in the United 
States. Among other key changes, the Department is proposing to 
eliminate the current practice of allowing the substitution of alien 
beneficiaries on applications and approved labor certifications. DOL is 
proposing to further reduce the likelihood of the submission of 
fraudulent applications for the permanent employment of aliens in the 
United States by proposing a 45-day deadline for employers to file 
approved permanent labor certifications in support of a petition with 
the Department of Homeland Security. The proposed rule expressly 
prohibits the sale, barter, or purchase of permanent labor 
certifications or applications, as well as related payments. DOL will 
also propose enforcement mechanisms to protect program integrity, 
including debarment with appeal rights. These proposed amendments would 
apply to employers using both the Application for Alien Employment 
Certification (Form ETA 750) or the Application for Permanent 
Employment Certification (Form ETA 9089).

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            05/00/05

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 C4312 FP Building, 
Washington, DC 20210
Phone: 202 693-3010
Fax: 202 693-2768
Email: [email protected]

RIN: 1205-AB42
_______________________________________________________________________


Department of Labor (DOL)                              Final Rule Stage


Employment and Training Administration (ETA)



_______________________________________________________________________




1887. 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 were 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 operated 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 expired 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: Athena Brown, Department of Labor, Employment and 
Training Administration, Room N4641, 200 Constitution Avenue NW, FP 
Building, Washington, DC 20210
Phone: 202 693-3841
Email: [email protected]

RIN: 1205-AB16
_______________________________________________________________________




1888. 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 prepared 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                            08/12/04                    69 FR 50022
NPRM Comment Period End         10/12/04
Final Action                    10/00/05

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

[[Page 27181]]

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
_______________________________________________________________________


Department of Labor (DOL)                             Long-Term Actions


Employment and Training Administration (ETA)



_______________________________________________________________________




1889. 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
_______________________________________________________________________




1890. 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 use H-2B workers, except for applications filed 
for employment in Guam or in logging, will file directly with the 
Department of Homeland Security (DHS) instead of first filing an 
application for labor certification with the Department of Labor (DOL), 
as required under the current regulation. Under the regulations 
simultaneously proposed by DOL and 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 identified in the DOL regulation. DHS will administer the 
petition adjudication process. After adjudication, 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                            01/27/05                     70 FR 3993
NPRM Comment Period End         02/28/05
NPRM Comment Period Reopened    03/09/05                    70 FR 11592
NPRM Comment Period Extended to 
April 8, 2005                   03/09/05


Next Action Undetermined

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 C4312 FP Building, 
Washington, DC 20210
Phone: 202 693-3010
Fax: 202 693-2768
Email: [email protected]

RIN: 1205-AB36
_______________________________________________________________________




1891. 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.

[[Page 27182]]

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              07/21/04                    69 FR 43716
Interim Final Rule Comment 
Period End                      08/20/04
Interim Final Rule Effective    08/20/04


Next Action Undetermined

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 C4312 FP Building, 
Washington, DC 20210
Phone: 202 693-3010
Fax: 202 693-2768
Email: [email protected]

RIN: 1205-AB37
_______________________________________________________________________




1892. LABOR CONDITION APPLICATIONS AND REQUIREMENTS FOR EMPLOYERS USING 
NONIMMIGRANTS ON H-1B VISAS IN SPECIALTY OCCUPATIONS AND AS FASHION 
MODELS; LABOR ATTESTATIONS RE H-1B1 VISAS FOR CHILE AND SINGAPORE

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

Legal Authority: 8 USC 1101(a)(15)(H)(:)(b1) and 1184 (g)(8)(A); PL 
108-77 sec 402; PL 108-78 sec 402

CFR Citation: 20 CFR 656

Legal Deadline: None

Abstract: The Department of Labor has amended 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, DOL's 
responsibilities regarding H-1B1 visas are to be implemented in a 
manner similar to the existing H-1B program for temporary employment in 
specialty occupations and as fashion models. Under the regulatory 
procedures established by this Interim Final Rule, 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              11/23/04                    69 FR 68222
Interim Final Rule Effective    11/23/04
Interim Final Rule Comment 
Period End                      01/24/05


Next Action Undetermined

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 C4312 FP Building, 
Washington, DC 20210
Phone: 202 693-3010
Fax: 202 693-2768
Email: [email protected]

RIN: 1205-AB38
_______________________________________________________________________


Department of Labor (DOL)                             Completed Actions


Employment and Training Administration (ETA)



_______________________________________________________________________




1893. 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) has 
published a final regulation, effective March 28, 2005, reengineering 
the permanent labor certification process. The regulation makes 
fundamental changes and refinements that will streamline the process, 
save resources, improve the effectiveness of the program and better 
serve the Department of Labor's (DOL) customer.

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

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

Alternatives: 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.

[[Page 27183]]

Anticipated Cost and Benefits: This rule will not result in an annual 
effect on the economy of $100 million or more; a major increase in 
costs or prices; or significant adverse effects on competition, 
employment, investment, productivity, innovation, or on the ability of 
the United States-based on companies to compete with foreign based 
companies in domestic and export markets.

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
Final Action                    12/27/04                    69 FR 77325
Final Action Effective          03/28/05

Regulatory Flexibility Analysis Required: No

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 C4312 FP Building, 
Washington, DC 20210
Phone: 202 693-3010
Fax: 202 693-2768
Email: [email protected]

RIN: 1205-AA66
_______________________________________________________________________


Department of Labor (DOL)                                 Prerule Stage


Employee Benefits Security Administration (EBSA)



_______________________________________________________________________




1894. 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                             11/00/05
End Review                      12/00/05

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: Undetermined

Agency Contact: Brian Buyniski, 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
_______________________________________________________________________




1895. STATUTORY EXEMPTION FOR LOANS TO PLAN PARTICIPANTS (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 (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                      05/00/05

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

[[Page 27184]]

_______________________________________________________________________


Department of Labor (DOL)                           Proposed Rule Stage


Employee Benefits Security Administration (EBSA)



_______________________________________________________________________




1896. 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 proposed rules would 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
NPRM                            04/00/06

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
_______________________________________________________________________




1897. 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                            11/00/05

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
_______________________________________________________________________




1898. AMENDMENT OF REGULATION RELATING TO DEFINITION OF PLAN ASSETS--
PARTICIPANT CONTRIBUTIONS

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

Unfunded Mandates: Undetermined

Legal Authority: 29 USC 1135

CFR Citation: 29 CFR 2510.3-102

Legal Deadline: None

Abstract: This rulemaking will amend the regulation that defines when 
participant monies paid to or withheld by an employer for contribution 
to an employee benefit plan constitute ``plan assets'' for purposes of 
title I of ERISA and the related prohibited transaction provisions of 
the Internal Revenue Code. The regulation contains an amendment to the 
current regulation that will establish a safe harbor period of a 
specified number of business days during which certain monies that a 
participant pays to, or has withheld by, an employer for contribution 
to a plan would not constitute ``plan assets.''

Statement of Need: This amendment of the participant contribution 
regulation would, upon adoption, establish a ``safe harbor'' period of 
a specified number of days during which certain monies that a 
participant pays to, or has withheld from wages, by an employer for 
contribution to an employee benefit plan, would not constitute plan 
assets for purposes of title I of ERISA and the related prohibited 
transaction provisions of the Internal Revenue Code. The amendment is 
needed to provide greater certainty to employers, participants and 
beneficiaries, service providers and others concerning when participant 
contributions to a plan constitute plan assets.

Summary of Legal Basis: Section 505 of ERISA provides that the 
Secretary may prescribe such regulations as she finds necessary and 
appropriate to carry out the provisions of title I of the Act. 
Regulation 29 CFR 2510.3-102 provides that the assets of an employee 
benefit plan covered by title I of ERISA includes amounts (other than 
union dues) that a participant or beneficiary pays to an employer, or 
has withheld from wages by an employer, for contribution to the plan as 
of the earliest date on which such contributions can reasonably be 
segregated from the employer's general assets; the regulation also 
specifies the maximum time period for deposit of such contributions by 
the employer.

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 the safe harbor that would be afforded by the 
proposed amendment with regard to monies contributed to employee 
benefit plans would deprive employers, other plan fiduciaries, and 
service providers of the certainty they need to optimize compliance 
with the law. Also, any risk of loss or lost earnings resulting from 
permitting employers who would otherwise transmit contributions to the 
plan sooner than the time specified in

[[Page 27185]]

the safe harbor should be minimal, while the benefits attendant to 
encouraging employers to review and modify their systems or practices 
to take advantage of the safe harbor may be significant.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            09/00/05

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: None

Federalism:  Undetermined

Agency Contact: Louis J. Campagna, Chief, Division of Fiduciary 
Interpretations, Office of Regulations and Interpretations, Department 
of Labor, Employee Benefits Security Administration, 200 Constitution 
Avenue NW, Rm N5669, FP Building, Washington, DC 20210
Phone: 202 693-8512
Fax: 202 219-7291

RIN: 1210-AB02
_______________________________________________________________________




1899. VOLUNTARY FIDUCIARY CORRECTION PROGRAM

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

Unfunded Mandates: Undetermined

Legal Authority: 29 USC 1132; 29 USC 1134

CFR Citation: 29 CFR 2560

Legal Deadline: None

Abstract: To encourage and facilitate voluntary correction of certain 
breaches by employee benefit plan fiduciaries of their obligations 
under title I of ERISA, EBSA previously implemented a Voluntary 
Fiduciary Correction Program (the Program). The Program relieves 
certain plan officials of the possibility of investigation and civil 
action by the Department and the imposition of civil penalties to the 
extent that plan officials satisfy the conditions for correcting 
breaches described in the Program. EBSA has decided to amend the 
Program by covering two additional transactions and by clarifying 
certain other operational requirements. EBSA will issue a restatement 
of the Program in its entirety and request public comment on the 
included amendments. EBSA believes that the restated Program will 
benefit workers by further encouraging the voluntary and timely 
correction of possible fiduciary breaches of part 4 of title I of 
ERISA. EBSA also anticipates that the restated Program will better 
assist plan officials in understanding the requirements of part 4 of 
title I of ERISA and their legal responsibilities in correcting 
fiduciary breaches.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            07/00/05

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: None

Agency Contact: Louis J. Campagna, Chief, Division of Fiduciary 
Interpretations, Office of Regulations and Interpretations, Department 
of Labor, Employee Benefits Security Administration, 200 Constitution 
Avenue NW, Rm N5669, FP Building, Washington, DC 20210
Phone: 202 693-8512
Fax: 202 219-7291

RIN: 1210-AB03
_______________________________________________________________________




1900. [bull] ELECTRONIC FILING OF ANNUAL REPORTS

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

Legal Authority: 29 USC 1135; 29 USC 1024(a)

CFR Citation: 29 CFR 2520.104a-2

Legal Deadline: None

Abstract: EBSA is proposing to amend the regulations under sec. 104(a) 
of ERISA setting forth the annual reporting requirements for employee 
benefit plans to require that such reports be filed electronically.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            06/00/05

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
Fax: 202 219-7291

RIN: 1210-AB04
_______________________________________________________________________




1901. [bull] CLAIMS PROCEDURES FOR MEDICARE INTEGRATED PLANS

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

Legal Authority: 29 USC 1133; ERISA 503; 29 USC 1135; ERISA 505

CFR Citation: 29 CFR 2560.503-2

Legal Deadline: None

Abstract: This regulation would establish an alternative method of 
complying with the requirements of 29 CFR 2560.503-1 with respect to 
claims for benefits under group health plans that are integrated with 
Medicare programs, such as plans providing supplemental health benefits 
to enrollees in Medicare Advantage plan.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            12/00/05
NPRM Comment Period End         02/00/06

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Jeffrey Turner, Senior Pension Law Specialist, Office 
of Regulations & Interpretations, Department of Labor, Employee 
Benefits Security Administration, Room N5669, 200 Constitution Avenue 
NW, FP Building, Washington, DC 20210
Phone: 202 693-8500
Fax: 202 219-7219
Email: [email protected]

RIN: 1210-AB05
_______________________________________________________________________




1902. [bull] REVISION OF THE FORM 5500 SERIES AND IMPLEMENTING 
REGULATIONS

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

Legal Authority: 29 USC 1135; 29 USC 1021, 1023, 1024

CFR Citation: 29 CFR 2520

Legal Deadline: None

Abstract: This rulemaking would amend and update the regulatory and 
related requirements for annual reporting by employer benefit plans in 
conjunction with EBSA's proposal to amend the regulations under section 
104 to require that such reports be filed electronically.

[[Page 27186]]

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            11/00/05

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: None

Agency Contact: June Solonsky, Pension Law Specialist, Department of 
Labor, Employee Benefits Security Administration, 200 Constitution 
Avenue, NW, FP Building, RM N-5669, Washington, DC 20210
Phone: 202 693-8500
Fax: 202 219-7291

RIN: 1210-AB06
_______________________________________________________________________




1903. [bull] AMENDMENT OF SECTION 404(C) REGULATION--DISCLOSURE

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

Legal Authority: 29 USC 1104(c); 29 USC 1135

CFR Citation: 29 CFR 2550

Legal Deadline: None

Abstract: This rulemaking will amend the regulations governing ERISA 
section 404(c) plans (29 CFR section 2550.404c-1)to ensure that the 
participants and beneficiaries in such plans are provided the 
information they need, including information about fees and expenses, 
to make informed investment decisions. The section 404(c) regulation 
sets forth the conditions under which participants and beneficiaries 
are considered to be exercising control over the assets in their 
account, thereby relieving plan fiduciaries from liability for the 
results of the investment decisions of the participant or beneficiary. 
The regulation conditions relief on participants and beneficiaries 
being furnished or having access to certain information about their 
plan and the investment options offered thereunder. This amendment is 
needed to clarify and improve the information currently required to be 
furnished to participants and beneficiaries.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            03/00/06

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: None

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

RIN: 1210-AB07
_______________________________________________________________________




1904. [bull] AMENDMENT OF STANDARDS APPLICABLE TO GENERAL STATUTORY 
EXEMPTION FOR SERVICES

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

Legal Authority: 29 USC 1108(b)(2); 29 USC 1135

CFR Citation: 29 CFR 2550

Legal Deadline: None

Abstract: This rulemaking will amend the regulation setting forth the 
standards applicable to the exemption under ERISA section 408(b)(2) for 
contracting or making a reasonable arrangements with a party in 
interest for office spaces for services (29 CFR Sec. 2550.408b-2). This 
amendment will ensure that plan fiduciaries are provided or have access 
to that information necessary to a determination whether an arrangement 
for services is ``reasonable'' within the meaning of the statutory 
exemption, as well as the prudence requirements of ERISA section 
404(a)(1)(B). This regulation is needed to eliminate the current 
uncertainty as to what information relating to services and fees plan 
fiduciaries must obtain and service providers must furnish for purposes 
of determining whether a contract for services to be rendered to a plan 
is reasonable.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            04/00/06

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: None

Agency Contact: Kristen Zarenko, Pension Law Specialist, Department of 
Labor, Employee Benefits Security Administration, 200 Constitution 
Avenue, NW, FP Building, Rm N-5669, Washington, DC 20210
Phone: 202 693-8500

RIN: 1210-AB08
_______________________________________________________________________


Department of Labor (DOL)                              Final Rule Stage


Employee Benefits Security Administration (EBSA)



_______________________________________________________________________




1905. REGULATIONS IMPLEMENTING THE HEALTH CARE ACCESS, PORTABILITY, AND 
RENEWABILITY PROVISIONS OF THE HEALTH INSURANCE PORTABILITY AND 
ACCOUNTABILITY ACT OF 1996

Priority: Economically Significant. Major under 5 USC 801.

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: None

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

[[Page 27187]]

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
NPRM                            12/30/04                    69 FR 78800
Request for Information         12/30/04                    69 FR 78825
Final Rule                      12/30/04                    69 FR 78720
Final Action Effective          02/28/05
Request for Information/ Comment 
Period End                      03/30/05
NPRM Comment Period End         03/30/05
Final Action                    04/00/06

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Agency Contact: Amy Turner, Senior 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
_______________________________________________________________________




1906. 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                    02/00/06

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Agency Contact: Amy Turner, Senior 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
_______________________________________________________________________




1907. 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 of the Treasury, and the Public Health Service Act 
under the jurisdiction of the Department of Health and Human Services.
On April 8, 1997, the Department, in conjunction with the Departments 
of the Treasury and Health and Human Services (collectively, the 
Departments) published interim final regulations implementing the 
nondiscrimination provisions of HIPAA. These regulations can be found 
at 26 CFR 54.9802-1 (Treasury), 29 CFR 2590.702 (Labor), and 45 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 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                      10/00/05

Regulatory Flexibility Analysis Required: No

[[Page 27188]]

Government Levels Affected: Undetermined

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

Agency Contact: Amy Turner, Senior 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
_______________________________________________________________________




1908. RULEMAKING RELATING TO TERMINATION OF ABANDONED INDIVIDUAL ACCOUNT 
PLANS

Priority: Other Significant

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 costs and other factors, the continued 
maintenance of such plans is often not in the interest of the 
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 carry out 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                            03/10/05                    70 FR 12046
NPRM Comment Period End         05/09/05
Final Action                    01/00/06

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
_______________________________________________________________________




1909. ANNUAL FUNDING NOTICE FOR MULTIEMPLOYER PLANS

Priority: Other Significant

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                            02/04/05                     70 FR 6306
NPRM Comment Period End         03/07/05
Final Action                    09/00/05

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

[[Page 27189]]

_______________________________________________________________________


Department of Labor (DOL)                             Long-Term Actions


Employee Benefits Security Administration (EBSA)



_______________________________________________________________________




1910. 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)



_______________________________________________________________________




1911. MENTAL HEALTH BENEFITS PARITY

Priority: Other Significant

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, 2005. 
Withdrawn pending legislation extending the sunset date.

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
Interim Final Rule Amendment    12/17/04                    69 FR 75798
No further action anticipated at 
this time                       03/10/05

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

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

RIN: 1210-AA62
_______________________________________________________________________


Department of Labor (DOL)                           Proposed Rule Stage


Mine Safety and Health Administration (MSHA)



_______________________________________________________________________




1912. 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 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

[[Page 27190]]

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 newer information and studies on the 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 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. 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, lung cancer, mesothelioma, and other forms of cancers.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           03/29/02                    67 FR 15134
Notice of Change to Public 
Meetings                        04/18/02                    67 FR 19140
ANPRM Comment Period End        06/27/02
NPRM                            05/00/05

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: Rebecca J. Smith, Acting Director, Office of Standards, 
Department of Labor, Mine Safety and Health Administration, 1100 Wilson 
Boulevard, Rm 2350, Arlington, VA 22209
Phone: 202 693-9440
Fax: 202 693-9441
Email: [email protected]

RIN: 1219-AB24
_______________________________________________________________________




1913. 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 7, 17, 18, 22, 23, and 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 gassy 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                            08/00/05

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Agency Contact: Rebecca J. Smith, Acting Director, Office of Standards, 
Department of Labor, Mine Safety and Health Administration, 1100 Wilson 
Boulevard, Rm 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)



_______________________________________________________________________




1914. IMPROVING AND ELIMINATING REGULATIONS

Priority: Substantive, Nonsignificant

Legal Authority: 30 USC 811; 30 USC 957

CFR Citation: 30 CFR 1 to 199

Legal Deadline: None

Abstract: This rulemaking will revise text in the CFR to reduce burden 
or duplication, and to streamline requirements. We have reviewed our 
current regulations and identified provisions that are outdated, 
redundant, unnecessary, or otherwise require change. We will be making 
these changes through notice and comment rulemaking where necessary. We 
will also consider new regulations that reflect ``best practices'' in 
the mining industry. We view this effort to be evolving and ongoing and 
will continue to accept recommendations from the public. We published a 
proposed rule addressing the use of low-and medium voltage three-phase 
circuits in underground coal mines. The rule would allow the use of 
low-and medium-voltage diesel-powered electrical generators as an 
alternative

[[Page 27191]]

means of powering electrical equipment.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM Comment Period End: Methane 
Testing                         11/25/02                    67 FR 60611
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 06/25/04                    69 FR 35992
Notice of Public Hearing - 
Diesel Generators               08/23/04                    69 FR 51784
NPRM Comment Period End         12/10/04
Final Action                    08/00/05

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Agency Contact: Rebecca J. Smith, Acting Director, Office of Standards, 
Department of Labor, Mine Safety and Health Administration, 1100 Wilson 
Boulevard, Rm 2350, Arlington, VA 22209
Phone: 202 693-9440
Fax: 202 693-9441
Email: [email protected]

RIN: 1219-AA98
_______________________________________________________________________




1915. 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 established 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 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 advance notice of 
proposed rulemaking (ANPRM) on September 25, 2002 (67 FR 60199) to 
obtain additional information and published a notice of proposed 
rulemaking (NPRM) in August 2003 (68 FR 48668).

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 (66 FR 35518).

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 (66 FR 35518). 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 ANPRM. In response to commenters, MSHA proposed 
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 a comparable permissible exposure limit.
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 current hierarchy of 
controls that MSHA applies in its existing metal and nonmetal exposure 
based health standards for abating violations.
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 the reference from ``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.

[[Page 27192]]

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 that making the changes under consideration would result in a 
net cost savings to the mining industry.

Risks: A number of epidemiological studies have found that exposure to 
diesel exhaust presents potential health risks to 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                    05/00/05

Regulatory Flexibility Analysis Required: Yes

Small Entities Affected: Businesses

Government Levels Affected: None

Agency Contact: Rebecca J. Smith, Acting Director, Office of Standards, 
Department of Labor, Mine Safety and Health Administration, 1100 Wilson 
Boulevard, Rm 2350, Arlington, VA 22209
Phone: 202 693-9440
Fax: 202 693-9441
Email: [email protected]

RIN: 1219-AB29
_______________________________________________________________________




1916. 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 rule will eliminate the need for a 
modification to use this equipment, and will establish safety 
requirements for its use. The rule will 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                            07/16/04                    69 FR 42812
NPRM Comment Period End         08/23/04                    69 FR 51784
Final Action                    09/00/05

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Agency Contact: Rebecca J. Smith, Acting Director, Office of Standards, 
Department of Labor, Mine Safety and Health Administration, 1100 Wilson 
Boulevard, Rm 2350, Arlington, VA 22209
Phone: 202 693-9440
Fax: 202 693-9441
Email: [email protected]

RIN: 1219-AB34
_______________________________________________________________________




1917. 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 48.28

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                            07/16/04                    69 FR 42842
Public Hearings                 08/24/04
Public Hearing                  08/26/04
Comment Period End              09/14/04
Final Action                    10/00/05

Regulatory Flexibility Analysis Required: No

Small Entities Affected: Businesses

Government Levels Affected: None

Agency Contact: Rebecca J. Smith, Acting Director, Office of Standards, 
Department of Labor, Mine Safety and Health Administration, 1100 Wilson 
Boulevard, Rm 2350, Arlington, VA 22209
Phone: 202 693-9440
Fax: 202 693-9441
Email: [email protected]

RIN: 1219-AB35
_______________________________________________________________________




1918. 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

[[Page 27193]]

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 the total fees due. MSHA deemed 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                    05/00/05

Regulatory Flexibility Analysis Required: No

Small Entities Affected: Businesses, Governmental Jurisdictions

Government Levels Affected: Local, Tribal

Agency Contact: Rebecca J. Smith, Acting Director, Office of Standards, 
Department of Labor, Mine Safety and Health Administration, 1100 Wilson 
Boulevard, Rm 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)



_______________________________________________________________________




1919. 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 comment period, 
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: Rebecca J. Smith, Acting Director, Office of Standards, 
Department of Labor, Mine Safety and Health Administration, 1100 Wilson 
Boulevard, Rm 2350, Arlington, VA 22209
Phone: 202 693-9440
Fax: 202 693-9441
Email: [email protected]

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




1920. 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

[[Page 27194]]

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 were held in May 2003 and the comment 
period, 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: Rebecca J. Smith, Acting Director, Office of Standards, 
Department of Labor, Mine Safety and Health Administration, 1100 Wilson 
Boulevard, Rm 2350, Arlington, VA 22209
Phone: 202 693-9440
Fax: 202 693-9441
Email: [email protected]

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




1921. RESPIRABLE CRYSTALLINE SILICA STANDARD

Priority: Other Significant

Legal Authority: 30 USC 811; 30 USC 813

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

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 greater than 5.0 percent 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          To Be                       Determined

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: None

Agency Contact: Rebecca J. Smith, Acting Director, Office of Standards, 
Department of Labor, Mine Safety and Health Administration, 1100 Wilson 
Boulevard, Rm 2350, Arlington, VA 22209
Phone: 202 693-9440
Fax: 202 693-9441
Email: [email protected]

RIN: 1219-AB36
_______________________________________________________________________


Department of Labor (DOL)                             Long-Term Actions


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



_______________________________________________________________________




1922. 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 regulations necessary 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

[[Page 27195]]

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                       To Be                       Determined

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
_______________________________________________________________________




1923. 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 Information 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 (Governmentwide). 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: Daniel P. Murphy, Management Services, Department of 
Labor, Office of the Assistant Secretary for Administration and 
Management, 200 Constitution Avenue NW, FP Building Room S-1513(B), 
Washington, DC 20210
Phone: 202 693-7283
Fax: 202 693-7290
Email: [email protected]

RIN: 1291-AA30
_______________________________________________________________________


Department of Labor (DOL)                                 Prerule Stage


Occupational Safety and Health Administration (OSHA)



_______________________________________________________________________




1924. 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 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.

Statement of Need: A preliminary analysis of the available health data 
indicates that OSHA's current permissible exposure limits (PELs) for 
beryllium may not be sufficient to protect workers from the risk of 
developing chronic beryllium disease (CBD). Workers exposed below 
OSHA's current PELs have become sensitized and in some cases have 
developed CBD. The use of beryllium has become more widespread in 
private industry including uses in microelectronics, automobiles, 
aerospace products and miscellaneous uses in alloys for products such 
as bicycle frames and golf clubs. This widespread use places workers at 
risk of exposure.

Summary of Legal Basis: The legal basis for this standard is the 
preliminary determination that workers are exposed to a significant 
risk of CBD and that rulemaking is needed to substantially reduce that 
risk.

Alternatives: Over the past years OSHA has attempted non-regulatory 
guidance to address this problem. The Agency published two hazard 
information bulletins to address beryllium exposures in general 
industry and dental labs. OSHA has determined that rulemaking is 
necessary and is evaluating various options.

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

[[Page 27196]]

Risks: A detailed risk analysis is in development.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Request for Information         11/26/02                    67 FR 70707
Complete SBREFA Report          09/00/05

Regulatory Flexibility Analysis Required: Yes

Small Entities Affected: Businesses

Government Levels Affected: None

Agency Contact: Dorothy Dougherty, Acting Director, Directorate of 
Standards and Guidance, Department of Labor, Occupational Safety and 
Health Administration, 200 Constitution Avenue, NW, FP Building, RM-
3718, Washington, DC 20210
Phone: 202 693-1950
Fax: 202 693-1678
Email: [email protected]

RIN: 1218-AB76
_______________________________________________________________________




1925. 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.
A cross-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.
The negotiated rulemaking committee completed 11 meetings since July of 
2003 and in July 2004 submitted a recommended revision of the crane 
standard to the Assistant Secretary of OSHA. OSHA is currently 
conducting an economic analysis of the draft rule to determine if a 
SBREFA anel will be needed. Should the SBREFA process not be needed, as 
determined by a regulatory flexibility screening analysis, and not 
used, a proposed rule would be the next step.

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
Rulemaking Negotiations 
Completed                       07/30/04
Initiate SBREFA Panel           09/00/05

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

RIN: 1218-AC01
_______________________________________________________________________




1926. EXCAVATIONS (SECTION 610 REVIEW)

Priority: Substantive, Nonsignificant

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 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.

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                      04/00/06

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Agency Contact: John Smith, Directorate of Evaluation and Analysis, 
Department of Labor, Occupational Safety and Health Administration, 200 
Constitution Avenue NW, FP Building, Washington, DC 20210
Phone: 202 693-2225
Fax: 202 693-1641
Email: [email protected]

RIN: 1218-AC02
_______________________________________________________________________




1927. IONIZING RADIATION

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 1910.1096 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)   05/00/05

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: Undetermined

[[Page 27197]]

Agency Contact: Dorothy Dougherty, Acting Director, Directorate of 
Standards and Guidance, Department of Labor, Occupational Safety and 
Health Administration, 200 Constitution Avenue, NW, FP Building, RM-
3718, Washington, DC 20210
Phone: 202 693-1950
Fax: 202 693-1678
Email: [email protected]

RIN: 1218-AC11
_______________________________________________________________________




1928. EMERGENCY RESPONSE AND PREPAREDNESS

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

Unfunded Mandates: Undetermined

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

CFR Citation: 29 CFR 1910

Legal Deadline: None

Abstract: Emergency responder health and safety is currently regulated 
primarily under the following standards: the fire brigade standard (29 
CFR 1910.156); hazardous waste operations and emergency response (29 
CFR 1910.120); the respiratory protection standard (29 CFR 1910.134); 
the permit-required confined space standard (29 CFR 1910.146); and the 
bloodborne pathogens standard (29 CFR 1910.1030). Some of these 
standards were promulgated decades ago and none were designed as 
comprehensive emergency response standards. Consequently, they do not 
address the full range of hazards or concerns currently facing 
emergency responders. Many do not reflect major changes in performance 
specifications for protective clothing and equipment. Current OSHA 
standards also do not reflect all the major developments in safety and 
health practices that have already been accepted by the emergency 
response community and incorporated into National Fire Protection 
Association (NFPA) and American National Standards Institute consensus 
standards. OSHA will be collecting information to evaluate what action 
the agency should take.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Request for Information         06/00/05

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: Undetermined

Federalism:  Undetermined

Agency Contact: Dorothy Dougherty, Acting Director, Directorate of 
Standards and Guidance, Department of Labor, Occupational Safety and 
Health Administration, 200 Constitution Avenue, NW, FP Building, RM-
3718, Washington, DC 20210
Phone: 202 693-1950
Fax: 202 693-1678
Email: [email protected]

RIN: 1218-AC17
_______________________________________________________________________




1929. LEAD IN CONSTRUCTION (SECTION 610 REVIEW)

Priority: Substantive, Nonsignificant

Legal Authority: 29 USC 655(b0); 5 USC 553; 5 USC 610

CFR Citation: 29 CFR 1926.62

Legal Deadline: None

Abstract: OSHA will undertake a review of the Lead in Construction 
Standard (29 CFR 1926.62) in accordance with the requirements of the 
Regulatory Flexibility Act and section 5 of Executive Order 12866. The 
review will consider the continued need for the rule, 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.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Begin Review                    05/00/05

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Agency Contact: John Smith, Directorate of Evaluation and Analysis, 
Department of Labor, Occupational Safety and Health Administration, 200 
Constitution Avenue NW, FP Building, Washington, DC 20210
Phone: 202 693-2225
Fax: 202 693-1641
Email: [email protected]

RIN: 1218-AC18
_______________________________________________________________________




1930. [bull] STANDARDS IMPROVEMENT

Priority: Other Significant

Legal Authority: 29 USC 655(b)

CFR Citation: Not Yet Determined

Legal Deadline: None

Abstract: OSHA is continuing its efforts to remove or revise 
duplicative, unnecessary, and inconsistent safety and health standards. 
This effort builds upon the success of the Standards Improvement 
Project (SIPS) Phase I published on June 18, 1998 (63 FR 33450) and 
Phase II published on January 5, 2005 (70 FR 1111). The Agency believes 
that such changes can reduce compliance costs and reduce the paperwork 
burden associated with a number of its standards. The Agency will only 
consider such changes if they do not diminish employee protections. To 
initiate the project, OSHA will be publishing an advance notice of 
proposed rulemaking (ANPRM) to solicit input from the public on rules 
that may be addressed in Phase III of SIPS. The Agency plans to include 
both safety and health topics in Phase III.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           09/00/05

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: Undetermined

Agency Contact: Dorothy Dougherty, Acting Director, Directorate of 
Standards and Guidance, Department of Labor, Occupational Safety and 
Health Administration, 200 Constitution Avenue, NW, FP Building, RM-
3718, Washington, DC 20210
Phone: 202 693-1950
Fax: 202 693-1678
Email: [email protected]

RIN: 1218-AC19
_______________________________________________________________________




1931. [bull] HAZARD COMMUNICATION

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

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

CFR Citation: 29 CFR 1910.1200; 29 CFR 1915.1200; 29 CFR 1917.28; 29 
CFR 1918.90; 29 CFR 1926.59; 29 CFR 1928.21

Legal Deadline: None

Abstract: OSHA's Hazard Communication Standard (HCS)

[[Page 27198]]

requires chemical manufacturers and importers to evaluate the hazards 
of the chemicals they produce or import, and prepare labels and 
material safety data sheets to convey the hazards and associated 
protective measures to users of the chemicals. All employers with 
hazardous chemicals in their workplaces are required to have a hazard 
communication program, including labels on containers, material safety 
data sheets, and training for employees. Within the United States (US), 
there are other Federal agencies that also have requirements for 
classification and labeling of chemicals at different stages of the 
life cycle. Internationally, there are a number of countries that have 
developed similar laws that require information about chemicals to be 
prepared and transmitted to affected parties. These laws vary with 
regard to the scope of substances covered, definitions of hazards, the 
specificity of requirements (e.g., specification of a format for 
MSDSs), and the use of symbols and pictograms. The inconsistencies 
between the various laws are substantial enough that different labels 
and safety data sheets must often be used for the same product when it 
is marketed in different nations.
The diverse and sometimes conflicting national and international 
requirements can create confusion among those who seek to use hazard 
information. Labels and safety data sheets may include symbols and 
hazard statements that are unfamiliar to readers or not well 
understood. Containers may be labeled with such a large volume of 
information that important statements are not easily recognized. 
Development of multiple sets of labels and safety data sheets is a 
major compliance burden for chemical manufacturers, distributors, and 
transporters involved in international trade. Small businesses may have 
particular difficulty in coping with the complexities and costs 
involved.
As a result of this situation, and in recognition of the extensive 
international trade in chemicals, there has been a longstanding effort 
to harmonize these requirements and develop a system that can be used 
around the world. In 2003, the United Nations adopted the Globally 
Harmonized System of Classification and Labeling of Chemicals (GHS). 
Countries are now considering adoption of the GHS into their national 
regulatory systems. There is an international goal to have as many 
countries as possible implement the GHS by 2008. OSHA is considering 
modifying its HCS to make it consistent with the GHS. This would 
involve changing the criteria for classifying health and physical 
hazards, adopting standardized labeling requirements, and requiring a 
standardized order of information for safety data sheets.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           08/00/05

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: None

Agency Contact: Dorothy Dougherty, Acting Director, Directorate of 
Standards and Guidance, Department of Labor, Occupational Safety and 
Health Administration, 200 Constitution Avenue, NW, FP Building, RM-
3718, Washington, DC 20210
Phone: 202 693-1950
Fax: 202 693-1678
Email: [email protected]

RIN: 1218-AC20
_______________________________________________________________________


Department of Labor (DOL)                           Proposed Rule Stage


Occupational Safety and Health Administration (OSHA)



_______________________________________________________________________




1932. CONFINED SPACES IN CONSTRUCTION (PART 1926): PREVENTING 
SUFFOCATION/ EXPLOSIONS IN CONFINED SPACES

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

Unfunded Mandates: Undetermined

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

CFR Citation: 29 CFR 1926.36

Legal Deadline: None

Abstract: In January 1993, OSHA issued a general industry rule to 
protect employees who enter confined spaces (29 CFR 1910.146). This 
standard does not apply to the construction industry because of 
differences in the nature of the worksite in the construction industry. 
In discussions with the United Steel Workers of America on a settlement 
agreement for the general industry standard, OSHA agreed to issue a 
proposed rule to extend confined-space protection to construction 
workers appropriate to their work environment.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

SBREFA Panel Report             11/24/03
NPRM                            12/00/05

Regulatory Flexibility Analysis Required: Yes

Small Entities Affected: Businesses

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

RIN: 1218-AB47
_______________________________________________________________________




1933. GENERAL WORKING CONDITIONS FOR SHIPYARD EMPLOYMENT

Priority: Substantive, Nonsignificant

Unfunded Mandates: Undetermined

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

CFR Citation: 29 CFR 1915 subpart F

Legal Deadline: None

Abstract: During the 1980s, OSHA initiated a project to update and 
consolidate the various OSHA shipyard standards that were applied in 
the shipbuilding, ship repair, and shipbreaking industries. Publication 
of a proposal addressing general working conditions in shipyards is 
part of this project. The operations addressed in this rulemaking 
relate to general working conditions such as housekeeping, 
illumination, sanitation, first aid, and lockout/tagout. About 100,000 
workers are potentially exposed to these hazards annually.

[[Page 27199]]

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            08/00/05

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Dorothy Dougherty, Acting Director, Directorate of 
Standards and Guidance, Department of Labor, Occupational Safety and 
Health Administration, 200 Constitution Avenue, NW, FP Building, RM-
3718, Washington, DC 20210
Phone: 202 693-1950
Fax: 202 693-1678
Email: [email protected]

RIN: 1218-AB50
_______________________________________________________________________




1934. 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                            05/00/05

Regulatory Flexibility Analysis Required: Yes

Small Entities Affected: Businesses

Government Levels Affected: Undetermined

Agency Contact: Dorothy Dougherty, Acting Director, Directorate of 
Standards and Guidance, Department of Labor, Occupational Safety and 
Health Administration, 200 Constitution Avenue, NW, FP Building, RM-
3718, Washington, DC 20210
Phone: 202 693-1950
Fax: 202 693-1678
Email: [email protected]

RIN: 1218-AB67
_______________________________________________________________________




1935. 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 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.

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

[[Page 27200]]

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. 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 is under way.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Completed SBREFA Report         12/19/03
Complete Peer Review of Health 
Effects and Risk Assessment     12/00/05
NPRM                            04/00/06

Regulatory Flexibility Analysis Required: Yes

Small Entities Affected: Businesses

Government Levels Affected: Undetermined

Agency Contact: Dorothy Dougherty, Acting Director, Directorate of 
Standards and Guidance, Department of Labor, Occupational Safety and 
Health Administration, 200 Constitution Avenue, NW, FP Building, RM-
3718, Washington, DC 20210
Phone: 202 693-1950
Fax: 202 693-1678
Email: [email protected]

RIN: 1218-AB70
_______________________________________________________________________




1936. 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. As a 
result of the comments received on that notice, OSHA has determined 
that the rule proposed in 1990 is out-of-date and does not reflect 
current industry practice or technology. The Agency will develop a new 
proposal, modified to reflect current information, as well as re-assess 
the impact.

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
NPRM                            04/00/06

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: None

Agency Contact: Dorothy Dougherty, Acting Director, Directorate of 
Standards and Guidance, Department of Labor, Occupational Safety and 
Health Administration, 200 Constitution Avenue, NW, FP Building, RM-
3718, Washington, DC 20210
Phone: 202 693-1950
Fax: 202 693-1678
Email: [email protected]

RIN: 1218-AB80
_______________________________________________________________________




1937. EXPLOSIVES

Priority: Other Significant

Legal Authority: 29 USC 655(b)

CFR Citation: 29 CFR 1910.109

Legal Deadline: None

Abstract: OSHA is 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. 
Initially, OSHA planned to revise the pyrotechnics requirements 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 propose 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 August 2005.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            08/00/05

Regulatory Flexibility Analysis Required: No

Government Levels Affected: Undetermined

Agency Contact: Dorothy Dougherty, Acting Director, Directorate of 
Standards and Guidance, Department of Labor, Occupational Safety and 
Health Administration, 200 Constitution Avenue, NW, FP Building, RM-
3718, Washington, DC 20210
Phone: 202 693-1950
Fax: 202 693-1678

[[Page 27201]]

Email: [email protected]

RIN: 1218-AC09
_______________________________________________________________________


Department of Labor (DOL)                              Final Rule Stage


Occupational Safety and Health Administration (OSHA)



_______________________________________________________________________




1938. 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 an industry consensus standard, ANSI Z88.2-1992. For some classes 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 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.

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 under that 
standard.

Alternatives: OSHA has considered allowing the current situation to 
continue. Accordingly, OSHA generally enforces NIOSH APFs, but many 
employers follow the more recent ANSI Z88.2-1992 APFs. However, 
allowing the situation to continue 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
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                    09/00/05

Regulatory Flexibility Analysis Required: No

Government Levels Affected: Federal, Local, State, Tribal

Agency Contact: Dorothy Dougherty, Acting Director, Directorate of 
Standards and Guidance, Department of Labor, Occupational Safety and 
Health Administration, 200 Constitution Avenue, NW, FP Building, RM-
3718, Washington, DC 20210
Phone: 202 693-1950
Fax: 202 693-1678
Email: [email protected]

RIN: 1218-AA05
_______________________________________________________________________




1939. 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

[[Page 27202]]

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 was held on 7/29-30/
04. The rulemaking record was open through 11/30/04.

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                  07/29/04                    69 FR 19361
Final Action                    10/00/05

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Agency Contact: Dorothy Dougherty, Acting Director, Directorate of 
Standards and Guidance, Department of Labor, Occupational Safety and 
Health Administration, 200 Constitution Avenue, NW, FP Building, RM-
3718, Washington, DC 20210
Phone: 202 693-1950
Fax: 202 693-1678
Email: [email protected]

RIN: 1218-AA56
_______________________________________________________________________




1940. OCCUPATIONAL EXPOSURE TO HEXAVALENT CHROMIUM (PREVENTING 
OCCUPATIONAL ILLNESS: CHROMIUM)

Priority: Economically Significant. Major under 5 USC 801.

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

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

CFR Citation: 29 CFR 1910

Legal Deadline: 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 52 ug/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 PEL of 52 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 OCAW 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 and Paper, Allied-International, Chemical 
and Energy Workers International Union (PACE) 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. OSHA published a notice of 
proposed rulemaking on CrVI on October 4, 2004. Public hearings were 
held February 1-15, 2005.

Statement of Need: Approximately 380,000 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 fatal disease, 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.

Anticipated Cost and Benefits: In the NPRM, OSHA preliminary estimates 
the cost of the propose standards $223 million per year. OSHA 
preliminarily estimates the proposed standard will prevent an average 
of 44 to 167 cases on cancer per year, and will have monetary benefits 
of $25 million to $701 million per year.

Risks: A detailed risk analysis is included in the NPRM.

[[Page 27203]]

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                            10/04/04                    69 FR 59305
NPRM Comment Period End         01/03/05
Public Hearings 2/1-15/2005     02/01/05
Final Rule                      01/00/06

Regulatory Flexibility Analysis Required: Yes

Small Entities Affected: Businesses, Governmental Jurisdictions

Government Levels Affected: Undetermined

Agency Contact: Dorothy Dougherty, Acting Director, Directorate of 
Standards and Guidance, Department of Labor, Occupational Safety and 
Health Administration, 200 Constitution Avenue, NW, FP Building, RM-
3718, Washington, DC 20210
Phone: 202 693-1950
Fax: 202 693-1678
Email: [email protected]

RIN: 1218-AB45
_______________________________________________________________________




1941. 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. In 1999, OSHA proposed to require employers to 
pay for PPE, with a few exceptions. The Agency continues to consider 
how to address this issue, and re-opened the record on 7/8/2004 to get 
input on issues related to PPE considered to be a ``tool of the 
trade''. The comment period ended 8/23/2004.

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     07/08/04                    69 FR 41221
Comment Period End              08/23/04
Final Action                    10/00/05

Regulatory Flexibility Analysis Required: No

Small Entities Affected: Businesses

Government Levels Affected: Federal, Local, State

Agency Contact: Dorothy Dougherty, Acting Director, Directorate of 
Standards and Guidance, Department of Labor, Occupational Safety and 
Health Administration, 200 Constitution Avenue, NW, FP Building, RM-
3718, Washington, DC 20210
Phone: 202 693-1950
Fax: 202 693-1678
Email: [email protected]

RIN: 1218-AB77
_______________________________________________________________________




1942. 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 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-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. OSHA is 
evaluating public comment in response to the NPRM.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            04/05/04                    69 FR 17773
NPRM Comment Period End         06/04/04
Final Action                    09/00/05

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Agency Contact: Dorothy Dougherty, Acting Director, Directorate of 
Standards and Guidance, Department of Labor, Occupational Safety and 
Health Administration, 200 Constitution Avenue, NW, FP Building, RM-
3718, Washington, DC 20210
Phone: 202 693-1950
Fax: 202 693-1678
Email: [email protected]

RIN: 1218-AB95
_______________________________________________________________________




1943. 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 
more than 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 undertaking a multi-year project to update these 
standards. A notice describing the project was published in the Federal 
Register on November 24, 2004 (69 FR 68283),

[[Page 27204]]

along with a direct final rule and notice of proposed rulemaking on the 
first set of standards to be addressed. The direct final rule has been 
withdrawn since a significant adverse comment was received, and a final 
rule based on the NPRM is being prepared. The next set of standards 
will be published as well.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Direct Final Rule               11/24/04                    69 FR 68712
Direct Final Rule Effective Date02/22/05
NPRM                            11/24/04                    69 FR 68706
NPRM Comment Period End         12/27/04
Withdraw Direct Final Rule      02/18/05                     70 FR 8290
Direct Final Rule               06/00/05
NPRM                            06/00/05
Final Rule                      07/00/05

Regulatory Flexibility Analysis Required: No

Government Levels Affected: Undetermined

Agency Contact: Dorothy Dougherty, Acting Director, Directorate of 
Standards and Guidance, Department of Labor, Occupational Safety and 
Health Administration, 200 Constitution Avenue, NW, FP Building, RM-
3718, Washington, DC 20210
Phone: 202 693-1950
Fax: 202 693-1678
Email: [email protected]

RIN: 1218-AC08
_______________________________________________________________________




1944. 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                        12/16/04                    69 FR 75435
NPRM Comment Period End         01/18/05
Notice of Final Approval 
Determination                   05/00/05

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
_______________________________________________________________________




1945. 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 per Settlement 
Agreement.
Per Settlement Agreement (Steel Coalition, 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 the 
Steel Coalition and Resilient Floor Covering Institute whereby OSHA 
agreed to a limited reopening of the administrative record of docket S-
775 regarding paragraph 1926.754(c)(3). On July 15, 2004, OSHA 
published a notice in the Federal Register reopening the record for 
this limited purpose. The July notice solicited information regarding 
section 1926.754(c)(3) only.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            07/15/04                    69 FR 42379
NPRM Comment Period End         10/13/04
Final Rule                      01/00/06

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: Undetermined

Federalism:  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

RIN: 1218-AC14
_______________________________________________________________________




1946. ROLLOVER PROTECTIVE STRUCTURES; OVERHEAD PROTECTION

Priority: Substantive, Nonsignificant

Unfunded Mandates: Undetermined

Legal Authority: 29 CFR 1928 subpart C; sec 4, 6, and 8 of the 
Occupational Safety and Health Act of 1970 (29 USC 653,655,657); 
Secretary of Labor's Order No. 12.71(36 FR 8754), 8-76 (41 FR 25059), 
9-83 (48 FR 35736, 1-90(55 FR 9033), 6-96(62 FR 111), 3-2000(65 FR 
50017) or 5-2002(67 FR 65008) as applicable.sec 1928.51, 192; 29 CFR 
1926 subpart W - Rollover Protective Structures; Overhead Protection: 
sec 107, Contract Work Hours and Safety Standards Act (Construction 
Safety Act), 40 USC 333; sec 1926.1002 and 19

CFR Citation: 29 CFR 1926; 29 CFR 1928

Legal Deadline: None

Abstract: In 1996, OSHA published a technical amendment revising the 
construction and agriculture standards that regulate testing of roll-
over protective structures (ROPS) used to protect employees who operate 
wheel-type tractors. This revision removed the

[[Page 27205]]

original, detailed ROPS standards and replaced them with references to 
national consensus standards for ROPS-testing requirements. The Agency 
believed that the national consensus standards largely duplicated the 
ROPS standards they replaced, and that any differences between them 
were not substantive. Subsequently, OSHA identified several substantive 
differences between the national consensus standards and the original 
ROPS standards. The direct final rule will reinstate the original ROPS 
standards.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Direct Final Rule               06/00/05

Regulatory Flexibility Analysis Required: No

Government Levels Affected: Undetermined

Federalism:  Undetermined

Agency Contact: Dorothy Dougherty, Acting Director, Directorate of 
Standards and Guidance, Department of Labor, Occupational Safety and 
Health Administration, 200 Constitution Avenue, NW, FP Building, RM-
3718, Washington, DC 20210
Phone: 202 693-1950
Fax: 202 693-1678
Email: [email protected]

RIN: 1218-AC15
_______________________________________________________________________




1947. NFPA STANDARDS IN SHIPYARD FIRE PROTECTION

Priority: Substantive, Nonsignificant

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

CFR Citation: 29 CFR 1915.4; 29 CFR 1915.505; 29 CFR 1915.507

Legal Deadline: None

Abstract: In this rulemaking, OSHA is updating National Fire Protection 
Association (NFPA) standards incorporated by reference in the OSHA 29 
CFR part 1915 subpart P fire protection standards. OSHA published a 
final rule for subpart P in 2004 that included nine NFPA standards that 
have been updated since the rule was proposed. OSHA plans to issue a 
direct final rulemaking, along with a notice of proposed rulemaking, to 
update the NFPA standards.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Direct Final Rule               06/00/05

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Agency Contact: Dorothy Dougherty, Acting Director, Directorate of 
Standards and Guidance, Department of Labor, Occupational Safety and 
Health Administration, 200 Constitution Avenue, NW, FP Building, RM-
3718, Washington, DC 20210
Phone: 202 693-1950
Fax: 202 693-1678
Email: [email protected]

RIN: 1218-AC16
_______________________________________________________________________


Department of Labor (DOL)                             Long-Term Actions


Occupational Safety and Health Administration (OSHA)



_______________________________________________________________________




1948. 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 continues to 
review comments received, the additional public input from Stakeholder 
meetings that were held in March and July of 2004, and is determining 
if rulemaking or some other action is appropriate.

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


Next Action Undetermined

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: None

Agency Contact: Dorothy Dougherty, Acting Director, Directorate of 
Standards and Guidance, Department of Labor, Occupational Safety and 
Health Administration, 200 Constitution Avenue, NW, FP Building, RM-
3718, Washington, DC 20210
Phone: 202 693-1950
Fax: 202 693-1678
Email: [email protected]

RIN: 1218-AB89

[[Page 27206]]

_______________________________________________________________________


Department of Labor (DOL)                             Completed Actions


Occupational Safety and Health Administration (OSHA)



_______________________________________________________________________




1949. 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 2005.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Begin Review                    10/01/96
End Review                      04/22/05                    70 FR 20807

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Agency Contact: John Smith, Directorate of Evaluation and Analysis, 
Department of Labor, Occupational Safety and Health Administration, 200 
Constitution Avenue NW, FP Building, Washington, DC 20210
Phone: 202 693-2225
Fax: 202 693-1641
Email: [email protected]

RIN: 1218-AB60
_______________________________________________________________________




1950. 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) 
proposed to remove or revise provisions in its health standards that 
are out of date, duplicative, unnecessary, or inconsistent. Where 
appropriate, the Agency is primarily changing that provision to reduce 
the burden imposed on the regulated community by these requirements. In 
this document, substantive changes standards 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 to 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                    01/05/05                     70 FR 1111
Final Action Effective          03/07/05

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Dorothy Dougherty, Acting Director, Directorate of 
Standards and Guidance, Department of Labor, Occupational Safety and 
Health Administration, 200 Constitution Avenue, NW, FP Building, RM-
3718, Washington, DC 20210
Phone: 202 693-1950
Fax: 202 693-1678
Email: [email protected]

RIN: 1218-AB81
_______________________________________________________________________




1951. 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                    04/08/05                    70 FR 17889
Final Action Effective          04/08/05

[[Page 27207]]

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Richard Fairfax, Director, Directorate of Compliance 
Programs, Department of Labor, Occupational Safety and Health 
Administration, 200 Constitution Avenue, NW, FP Building, Rm N-3622, 
Washington, DC 20210
Phone: 202 693-2122
Fax: 202 693-1681

RIN: 1218-AC12
_______________________________________________________________________


Department of Labor (DOL)                           Proposed Rule Stage


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



_______________________________________________________________________




1952. 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 (d) 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                            12/00/05

Regulatory Flexibility Analysis Required: No

Small Entities Affected: Businesses, Organizations

Government Levels Affected: None

Agency Contact: Robert Wilson, Chief, Investigations 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
Email: [email protected]

RIN: 1293-AA12
_______________________________________________________________________


Department of Labor (DOL)                              Final Rule Stage


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



_______________________________________________________________________




1953. 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 service members 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 reemployment with their 
previous employers 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 2005. In the past three 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

[[Page 27208]]

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                            09/20/04                    69 FR 56266
NPRM Comment Period End         11/19/04
Final Action                    09/00/05

Regulatory Flexibility Analysis Required: No

Small Entities Affected: Businesses, Governmental Jurisdictions, 
Organizations

Government Levels Affected: Federal, Local, State

Agency Contact: Robert Wilson, Chief, Investigations 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
Email: [email protected]

RIN: 1293-AA09
_______________________________________________________________________




1954. JOBS FOR VETERANS ACT OF 2002: STATE GRANT FUNDING FORMULA FY 2005 
AND BEYOND

Priority: Other Significant

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                            07/06/04                    69 FR 40724
NPRM Comment Period End         09/07/04
Final Action                    06/00/05

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
_______________________________________________________________________




1955. [bull] NOTICE OF RIGHTS, BENEFITS, AND OBLIGATIONS UNDER THE 
USERRA

Priority: Other Significant

Legal Authority: VBIA of 2004, PL 108-454, Section 203

CFR Citation: 20 CFR 1002, Appendix A

Legal Deadline: Other, Statutory, March 10, 2005, Interim Final Rule.

Abstract: The Veterans Benefits Improvement Act of 2004(VBIA) amended 
several provisions of the Uniformed Services Employment and 
Reemployment Rights Act of 1994. VBIA imposed a new requirement that 
each employer shall provide to persons entitled to rights and benefits 
under (USERRA) a notice of the rights, benefits,and obligations of such 
persons and such employers under (USERRA). The VBIA requires the 
Secretary of Labor to make available to employers the text of the 
required notice not later than March 10, 2005, ninety days after the 
enactment of the VBIA.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              03/10/05                    70 FR 12106
Interim Final Rule Effective    03/10/05
Interim Final Rule Comment 
Period End                      05/09/05
Final Action                    09/00/05

Regulatory Flexibility Analysis Required: No

Small Entities Affected: Businesses

Government Levels Affected: Federal, Local, State, Tribal

Agency Contact: Robert Wilson, Chief, Investigations 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
Email: [email protected]

RIN: 1293-AA14
[FR Doc. 05-6965 Filed 05-13-05; 8:45 am]
BILLING CODE 4510-23-S