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


-----------------------------------------------------------------------

Part XIII





Department of Labor





-----------------------------------------------------------------------



Semiannual Regulatory Agenda

[[Page 22896]]



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 12 
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 2006 and April 2007, as well as those completed 
during the past 6 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, which became effective on 
January 1, 1981, 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

     Excavations (RIN 1218-AC02)

     Lead in Construction (RIN 1218-AC18)

Employee Benefits Security Administration

     Plan Assets-Participant Contributions Regulations (RIN 1210-
AB11)

     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
----------------------------------------------------------------------------------------------------------------
1910        Production or Disclosure of Information or Materials..................................    1290-AA17
----------------------------------------------------------------------------------------------------------------


                               Employment Standards Administration--Prerule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
1911        Child Labor Regulations, Orders, and Statements of Interpretation.....................    1215-AB44
----------------------------------------------------------------------------------------------------------------


                            Employment Standards Administration--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
1912        Amendments to the Fair Labor Standards Act............................................    1215-AB13

[[Page 22897]]

 
1913        Family and Medical Leave Act of 1993; Conform to the Supreme Court's Ragsdale Decision    1215-AB35
1914        Child Labor Regulations, Orders, and Statements of Interpretation.....................    1215-AB57
----------------------------------------------------------------------------------------------------------------


                              Employment Standards Administration--Final Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
1915        Affirmative Action and Nondiscrimination Obligations of Contractors and Subcontractors    1215-AB46
            for Special Disabled Veterans and Veterans of the Vietnam Era.........................
1916        Standards of Conduct for Federal Sector Labor Organizations...........................    1215-AB48
1917        Labor Organization Officer and Employee Reports.......................................    1215-AB49
1918        Claims for Compensation Under the Energy Employees Occupational Illness Compensation      1215-AB51
            Program Act of 2000, as Amended.......................................................
1919        Affirmative Action and Nondiscrimination Obligations of Contractors and                   1215-AB53
            Subcontractors; Equal Opportunity Survey..............................................
1920        Labor Organization Annual Financial Trust Reports: Form T-1...........................    1215-AB54
1921        Airline Employee Protection Program...................................................    1215-AB55
----------------------------------------------------------------------------------------------------------------


                             Employment Standards Administration--Long-Term Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
1922        Labor Condition Applications and Requirements for Employers Using Nonimmigrants on H-     1215-AB09
            1B Visas in Specialty Occupations and as Fashion Models...............................
1923        Union Organization and Voting Rights: Criteria for Characterizing a Labor Organization    1215-AB50
            as a Local, Intermediate, or National or International Labor Organization.............
1924        Union Officials: Guidelines for Fiduciary Responsibilities Under Section 501(a) of the    1215-AB52
            Labor-Management Reporting and Disclosure Act.........................................
----------------------------------------------------------------------------------------------------------------


                             Employment Standards Administration--Completed Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
1925        Affirmative Action and Nondiscrimination Obligations of Contractors and Subcontractors    1215-AB24
            for Special Disabled Veterans and Veterans of the Vietnam Era.........................
----------------------------------------------------------------------------------------------------------------


                           Employment and Training Administration--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
1926        Revision to the Department of Labor Benefit Regulations for Trade Adjustment              1205-AB32
            Assistance for Workers Under the Trade Act of 1974, as Amended........................
1927        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...................................................
1928        Labor Certification for the Permanent Employment of Aliens in the United States;          1205-AB42
            Reducing the Incentives and Opportunities for Fraud and Abuse and Enhancing Program
            Integrity.............................................................................
----------------------------------------------------------------------------------------------------------------


[[Page 22898]]


                            Employment and Training Administration--Final Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
1929        Federal-State Unemployment Compensation (UC) Program; Confidentiality and Disclosure      1205-AB18
            of Information in State UC Records....................................................
1930        Post-Adjudication Audits of H-2B Petitions Other Than Logging in the United States....    1205-AB36
1931        Labor Certification for the Permanent Employment of Aliens in the United States;          1205-AB37
            Backlog Reduction.....................................................................
1932        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 (Section 610 Review)....................................
1933        Federal-State Unemployment Compensation Program; Eligibility..........................    1205-AB41
1934        Labor Conditions Applications for E-3 Visas in Specialty Occupations for Australian       1205-AB43
            Non-immigrants........................................................................
----------------------------------------------------------------------------------------------------------------


                            Employment and Training Administration--Completed Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
1935        Attestations by Facilities Temporarily Employing H-1C Nonimmigrant Aliens as              1205-AB27
            Registered Nurses.....................................................................
1936        Labor Condition Applications for Employers Using Nonimmigrants on H-1B Visas in           1205-AB39
            Specialty Occupations and as Fashion Models; Filing Procedures........................
----------------------------------------------------------------------------------------------------------------


                            Employee Benefits Security Administration--Prerule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
1937        Independence of Accountant............................................................    1210-AB09
1938        Plan Assets-Participant Contributions Regulation (610 Review) (Section 610 Review)....    1210-AB11
----------------------------------------------------------------------------------------------------------------


                         Employee Benefits Security Administration--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
1939        Amendment of Regulation Relating to Definition of Plan Assets--Participant                1210-AB02
            Contributions.........................................................................
1940        Revision of the Form 5500 Series and Implementing Regulations.........................    1210-AB06
1941        Amendment of Section 404(c) Regulation--Disclosure....................................    1210-AB07
1942        Amendment of Standards Applicable to General Statutory Exemption for Services.........    1210-AB08
1943        Section 404 Regulation--Safe Harbor for Default Investments...........................    1210-AB10
----------------------------------------------------------------------------------------------------------------


                           Employee Benefits Security Administration--Final Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
1944        Health Care Standards for Mothers and Newborns........................................    1210-AA63
1945        Prohibiting Discrimination Against Participants and Beneficiaries Based on Health         1210-AA77
            Status................................................................................
1946        Rulemaking Relating to Termination of Abandoned Individual Account Plans..............    1210-AA97
1947        Voluntary Fiduciary Correction Program................................................    1210-AB03
1948        Electronic Filing of Annual Reports...................................................    1210-AB04
----------------------------------------------------------------------------------------------------------------


[[Page 22899]]


                          Employee Benefits Security Administration--Long-Term Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
1949        Adequate Consideration................................................................    1210-AA15
1950        Regulations Implementing the Health Care Access, Portability, and Renewability            1210-AA54
            Provisions of the Health Insurance Portability and Accountability Act of 1996.........
----------------------------------------------------------------------------------------------------------------


                          Employee Benefits Security Administration--Completed Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
1951        Prohibited Transaction Exemption Procedures...........................................    1210-AA98
1952        Annual Funding Notice for Multiemployer Plans.........................................    1210-AB00
1953        Civil Penalty for Failure To Provide Section 302 Notice...............................    1210-AB01
----------------------------------------------------------------------------------------------------------------


                              Mine Safety and Health Administration--Prerule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
1954        Equivalency Evaluation of the U.S. Environmental Protection Agency's Nonroad Diesel       1219-AB43
            Engine Standards......................................................................
1955        Underground Mine Rescue Equipment and Technology......................................    1219-AB44
1956        Proximity Detection System for Continuous Mining Machines.............................    1219-AB49
----------------------------------------------------------------------------------------------------------------


                           Mine Safety and Health Administration--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
1957        High-Voltage Continuous Mining Machine Standard for Underground Coal Mines............    1219-AB34
1958        Revising Electrical Product Approval Regulations......................................    1219-AB37
1959        Field Modifications of Permissible Mobile Diesel-Powered Equipment....................    1219-AB39
1960        Use of or Impairment From Alcohol and Other Drugs on Mine Property....................    1219-AB41
1961        Criteria and Procedures for Proposed Assessment of Civil Penalties....................    1219-AB51
----------------------------------------------------------------------------------------------------------------


                             Mine Safety and Health Administration--Final Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
1962        Asbestos Exposure Limit...............................................................    1219-AB24
1963        Diesel Particulate Matter Exposure of Underground Metal and Nonmetal Miners...........    1219-AB29
1964        Fire Extinguishers in Underground Coal Mines..........................................    1219-AB40
1965        Evaluation of International Electrotechnical Commission's Standards for Explosion-        1219-AB42
            Proof Enclosures......................................................................
1966        Emergency Mine Evacuation.............................................................    1219-AB46
----------------------------------------------------------------------------------------------------------------


                            Mine Safety and Health Administration--Long-Term Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
1967        Verification of Underground Coal Mine Operators' Dust Control Plans and Compliance        1219-AB14
            Sampling for Respirable Dust..........................................................
1968        Determination of Concentration of Respirable Coal Mine Dust...........................    1219-AB18
1969        Respirable Crystalline Silica Standard................................................    1219-AB36
----------------------------------------------------------------------------------------------------------------


[[Page 22900]]


                            Mine Safety and Health Administration--Completed Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
1970        Improving and Eliminating Regulations.................................................    1219-AA98
1971        Training Standards for Shaft and Slope Construction Workers at Underground Mines......    1219-AB35
1972        Part 5--Fees for Testing, Evaluation, and Approval of Mining Products.................    1219-AB38
----------------------------------------------------------------------------------------------------------------


             Office of the Assistant Secretary for Administration and Management--Long-Term Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
1973        Implementation of the Nondiscrimination and Equal Opportunity Requirements of the         1291-AA29
            Workforce Investment Act of 1998......................................................
1974        Grants and Agreements.................................................................    1291-AA30
----------------------------------------------------------------------------------------------------------------


                          Occupational Safety and Health Administration--Prerule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
1975        Occupational Exposure to Crystalline Silica...........................................    1218-AB70
1976        Occupational Exposure to Beryllium....................................................    1218-AB76
1977        Cranes and Derricks...................................................................    1218-AC01
1978        Excavations (Section 610 Review)......................................................    1218-AC02
1979        Emergency Response and Preparedness...................................................    1218-AC17
1980        Lead in Construction (Section 610 Review).............................................    1218-AC18
1981        Standards Improvement.................................................................    1218-AC19
1982        Hazard Communication..................................................................    1218-AC20
1983        Notice on Supplier's Declaration of Conformity (SDoC).................................    1218-AC21
1984        Revision and Update of Standards for Power Presses....................................    1218-AC22
----------------------------------------------------------------------------------------------------------------


                       Occupational Safety and Health Administration--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
1985        Confined Spaces in Construction (Part 1926): Preventing Suffocation/ Explosions in        1218-AB47
            Confined Spaces.......................................................................
1986        General Working Conditions for Shipyard Employment....................................    1218-AB50
1987        Electric Power Transmission and Distribution; Electrical Protective Equipment.........    1218-AB67
1988        Updating OSHA Standards Based on National Consensus Standards.........................    1218-AC08
1989        Explosives............................................................................    1218-AC09
----------------------------------------------------------------------------------------------------------------


                         Occupational Safety and Health Administration--Final Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
1990        Assigned Protection Factors: Amendments to the Final Rule on Respiratory Protection...    1218-AA05
1991        Longshoring and Marine Terminals (Parts 1917 and 1918)--Reopening of the Record           1218-AA56
            (Vertical Tandem Lifts (VTLs))........................................................
1992        Employer Payment for Personal Protective Equipment....................................    1218-AB77
1993        Revision and Update of Subpart S--Electrical Standards................................    1218-AB95
1994        NFPA Standards in Shipyard Fire Protection............................................    1218-AC16
1995        New York State Plan--Certification....................................................    1218-AC24
1996        Procedures for Handling Discrimination Complaints Under Federal Employee Protection       1218-AC25
            Statutes..............................................................................
----------------------------------------------------------------------------------------------------------------


[[Page 22901]]


                        Occupational Safety and Health Administration--Long-Term Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
1997        Walking Working Surfaces and Personal Fall Protection Systems (1910) (Slips, Trips,       1218-AB80
            and Fall Prevention)..................................................................
1998        Hearing Conservation Program for Construction Workers.................................    1218-AB89
1999        Ionizing Radiation....................................................................    1218-AC11
----------------------------------------------------------------------------------------------------------------


                        Occupational Safety and Health Administration--Completed Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
2000        Occupational Exposure to Hexavalent Chromium (Preventing Occupational Illness:            1218-AB45
            Chromium).............................................................................
2001        Slip Resistance of Skeletal Structural Steel..........................................    1218-AC14
2002        Rollover Protective Structures; Overhead Protection...................................    1218-AC15
----------------------------------------------------------------------------------------------------------------


          Office of the Assistant Secretary for Veterans' Employment and Training--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
2003        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--Completed Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
2004        Uniformed Services Employment and Reemployment Rights Act Regulations.................    1293-AA09
2005        Notice of Rights, Benefits, and Obligations Under the USERRA..........................    1293-AA14
----------------------------------------------------------------------------------------------------------------

_______________________________________________________________________


Department of Labor (DOL)                              Final Rule Stage


Office of the Secretary (OS)



_______________________________________________________________________




1910. 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                    04/00/06

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Agency Contact: Joseph Plick, FOIA Counsel, Department of Labor, 200 
Constitution Avenue NW., Room N2428 - FP Building, Washington, DC 20210
Phone: 202 693-5527
Email: [email protected]

RIN: 1290-AA17

[[Page 22902]]

_______________________________________________________________________


Department of Labor (DOL)                                 Prerule Stage


Employment Standards Administration (ESA)



_______________________________________________________________________




1911. 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 possible revisions to 
the hazardous occupations orders that may be undertaken to address 
recommendations of the National Institute for Occupational Safety and 
Health (NIOSH) in its May 2002 report to the Department on the Fair 
Labor Standards Act child labor regulations (available at http://
www.youthrules.dol.gov/resources.htm). This Advance Notice of Proposed 
Rulemaking seeks additional data and public input to supplement the 
conclusions and recommendations on certain of the Hazardous Orders 
contained in the NIOSH report for consideration in subsequent 
rulemaking actions that may be undertaken. This Advance Notice of 
Proposed Rulemaking is related to a separate Notice of Proposed 
Rulemaking (see Related RIN: 1215-AB57).

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           07/00/06

Regulatory Flexibility Analysis Required: Undetermined

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

Related RIN: Related to 1215-AB57
RIN: 1215-AB44
_______________________________________________________________________


Department of Labor (DOL)                           Proposed Rule Stage


Employment Standards Administration (ESA)



_______________________________________________________________________




1912. 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 (Pub. L. 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                            11/00/06

Regulatory Flexibility Analysis Required: No

Government Levels Affected: Federal, Local, State

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

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

RIN: 1215-AB13
_______________________________________________________________________




1913. FAMILY AND MEDICAL LEAVE ACT OF 1993; CONFORM TO THE SUPREME 
COURT'S RAGSDALE DECISION

Priority: Other Significant

Unfunded Mandates: Undetermined

Legal Authority: 29 USC 2654

CFR Citation: 29 CFR 825

Legal Deadline: None

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

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

The FMLA regulations require employers to designate if an employee's 
use of leave is counting against the

[[Page 22903]]

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                            06/00/06

Regulatory Flexibility Analysis Required: Undetermined

Small Entities Affected:  Businesses, Governmental Jurisdictions, 
Organizations

Government Levels Affected: Undetermined

Federalism:  Undetermined

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

RIN: 1215-AB35
_______________________________________________________________________




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

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

Unfunded Mandates: Undetermined

Legal Authority: 29 USC 203(l); 29 USC 212; 29 USC 213(c)

CFR Citation: 29 CFR 570

Legal Deadline: None

Abstract: The Department of Labor continues to review the Fair Labor 
Standards Act child labor provisions to ensure that the implementing 
regulations provide job opportunities for working youth that are 
healthy and safe and not detrimental to their education, as required by 
the statute (29 U.S.C. Sections 203(l), 212(c), 213(c), and 216(e)). 
This proposed rule will update the regulations to reflect statutory 
amendments enacted in 2004, and will propose, among other updates, 
revisions to address several recommendations of the National Institute 
for Occupational Safety and Health (NIOSH) in its 2002 report to the 
Department of Labor on the child labor Hazardous Occupations Orders 
(HOs) (available at http://www.youthrules.dol.gov/resources.htm). This 
Notice of Proposed Rulemaking is related to a separate Advance Notice 
of Proposed Rulemaking (see Related RIN: 1215-AB44) that requests 
additional data and public input to supplement the conclusions and 
recommendations on certain of the HOs contained in the NIOSH report for 
consideration in additional possible revisions that may be undertaken 
in subsequent rulemaking actions.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            07/00/06

Regulatory Flexibility Analysis Required: Undetermined

Small Entities Affected:  Businesses, Governmental Jurisdictions

Government Levels Affected: Local, State

Federalism:  Undetermined

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

RIN: 1215-AB57
_______________________________________________________________________


Department of Labor (DOL)                              Final Rule Stage


Employment Standards Administration (ESA)



_______________________________________________________________________




1915. AFFIRMATIVE ACTION AND NONDISCRIMINATION OBLIGATIONS OF 
CONTRACTORS AND SUBCONTRACTORS FOR SPECIAL DISABLED VETERANS AND 
VETERANS OF THE VIETNAM ERA

Priority: Other Significant

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

CFR Citation: 41 CFR 60-300

Legal Deadline: None

Abstract: The Office of Federal Contract Compliance Programs (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 (JVA). JVA amended VEVRAA in four ways. 
First, JVA raised contract coverage from $25,000 to $100,000. Second, 
JVA 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, JVA changed 
the definition of ``recently separated veteran'' to include ``any 
veteran during the three-year period beginning on the date of such

[[Page 22904]]

veteran's discharge or release from active duty.'' Fourth, JVA 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                            01/20/06                     71 FR 3351
NPRM Comment Period End         03/28/06
Final Action                    11/00/06

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: None

Agency Contact: James C. Pierce, Acting Deputy Director, Div. of 
Policy, Planning & Program Development, OFCCP, Department of Labor, 
Employment Standards Administration, 200 Constitution Avenue NW., Room 
N3422, 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
_______________________________________________________________________




1916. 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                    05/00/06

Regulatory Flexibility Analysis Required: No

Small Entities Affected: Organizations

Government Levels Affected: None

Agency Contact: Kay H. Oshel, Director, Office of Policy, Reports 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-AB48
_______________________________________________________________________




1917. LABOR ORGANIZATION OFFICER AND EMPLOYEE REPORTS

Priority: Other Significant

Legal Authority: 29 USC 432, 438

CFR Citation: 29 CFR 404.3

Legal Deadline: None

Abstract: This rulemaking action will revise 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                            08/29/05                    70 FR 51166
NPRM Comment Period End         10/28/05
NPRM Comment Period Extended to 
01/26/2006                      10/24/05                    70 FR 61400
Final Action                    06/00/06

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, Reports 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
_______________________________________________________________________




1918. 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: None

Abstract: The regulations 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. 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 EO 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. 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

[[Page 22905]]

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.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              06/08/05                    70 FR 33590
Interim Final Rule Comment 
Period End                      08/08/05
Interim Final Rule Effective    06/08/05
Final Action                    12/00/06

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
_______________________________________________________________________




1919.  AFFIRMATIVE ACTION AND NONDISCRIMINATION 
OBLIGATIONS OF CONTRACTORS AND SUBCONTRACTORS; EQUAL OPPORTUNITY SURVEY

Priority: Other Significant

Legal Authority: EO 11246, as amended

CFR Citation: 41 CFR 60-2.18

Legal Deadline: None

Abstract: On November 13, 2000, the Office of Federal Contract 
Compliance Programs (OFCCP) published a Final Rule which established an 
Equal Opportunity (EO) Survey. The EO Survey requires that 
nonconstruction contractor establishments designated by OFCCP prepare 
and file an Equal Opportunity (EO) Survey. The EO Survey contains 
information about personnel activities, compensation and tenure data 
and specific information about the contractor's affirmative action 
programs. This Notice of Proposed Rulemaking (NPRM) will address 
concerns regarding the effectiveness of the EO Survey.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            01/20/06                     71 FR 3373
NPRM Comment Period End         03/28/06
Final Action                    08/00/06

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: Undetermined

Agency Contact: James C. Pierce, Acting Deputy Director, Div. of 
Policy, Planning & Program Development, OFCCP, Department of Labor, 
Employment Standards Administration, 200 Constitution Avenue NW., Room 
N3422, FP Building, Washington, DC 20210
Phone: 202 693-0102
TDD Phone: 202 693-1337
Fax: 202 693-1304
Email: [email protected]

RIN: 1215-AB53
_______________________________________________________________________




1920.  LABOR ORGANIZATION ANNUAL FINANCIAL TRUST 
REPORTS: FORM T-1

Priority: Other Significant

Legal Authority: 29 USC 431; 29 USC 438

CFR Citation: 29 CFR 403.2; 29 CFR 403.5; 29 CFR 403.8; 29 CFR 408.5

Legal Deadline: None

Abstract: This rule will implement revisions to reporting requirements 
under the Labor-Management Reporting and Disclosure Act of 1959, as 
Amended (LMRDA), for trusts in which labor organizations are 
interested. Such trusts include a ``trust of other fund or organization 
(1) which was created or established by a labor organization, or one or 
more of the trustees or one or more members of the governing body or 
which is selected or appointed by a labor organization and (2) a 
primary purpose of which is to provide benefits for the members of such 
labor organization or their beneficiaries.`` 29 U.S.C. 402 (i). This 
rule will revise existing reporting requirements for such trusts 
imposed by final rule in 2003 (RIN 1215-AB34). These requirements were 
found invalid by the U.S. Court of Appeals of the District of Columbia 
circuit. In a 2005 decision, the appeals court upheld the Department of 
Labor's authority to require labor organizations to report on the 
activities of trusts in which they hold an interest, but found that the 
Department had exceeded its authority by imposing a rule that failed to 
differentiate between trusts over which a union or unions exercised 
dominant control and those in which the apparent authority was 
significantly diluted.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Final Action                    06/00/06

Regulatory Flexibility Analysis Required: Yes

Small Entities Affected: Organizations

Government Levels Affected: None

Agency Contact: Kay H. Oshel, Director, Office of Policy, Reports 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-AB54
_______________________________________________________________________




1921.  AIRLINE EMPLOYEE PROTECTION PROGRAM

Priority: Info./Admin./Other

Legal Authority: PL 105-220-199(a)(6); 112 Stat 936, 1058 to 1059 
(1998)

CFR Citation: 29 CFR 220

Legal Deadline: None

Abstract: This final rule will rescind the Airline Employee Protection 
Program regulations at 29 CFR 220 that were issued to implement the 
Rehire Program established by section 43 of the Airline Deregulation 
Act of 1978. The program was intended to assist airline workers who 
were laid off as a result of airline deregulation by providing a first 
right of hire for designated employees covered by air carriers. Because 
of administrative and judicial delays, the Department's final

[[Page 22906]]

rule implementing the program was not issued until 1985, 7 years after 
enactment of the Act. The regulation became effective January 27, 1986. 
In 1998, Congress repealed section 43 of the Airline Deregulation Act 
in section 199(a)(6) of the Workforce Investment Act (Pub. L. 105-220). 
Consequently, the regulations implementing the Airline Employee 
Protection Program are now without force or effect.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Final Action                    06/00/06

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Patrick Alan Hyde, Division Chief, Division of 
Statutory Programs, Department of Labor, Employment Standards 
Administration, 200 Constitution Avenue NW., Rm N5112, FP Building, 
Washington, DC 20210
Phone: 202 693-1226
Fax: 202 693-1342
Email: [email protected]

RIN: 1215-AB55
_______________________________________________________________________


Department of Labor (DOL)                             Long-Term Actions


Employment Standards Administration (ESA)



_______________________________________________________________________




1922. 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 U. S. Citizenship and Immigration Services 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, Acting Administrator, Wage and Hour 
Division, Department of Labor, Employment Standards Administration, 200 
Constitution Avenue NW., FP Building, S3502, Washington, DC 20210
Phone: 202 693-0051
Fax: 202 693-1302

RIN: 1215-AB09
_______________________________________________________________________




1923. 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

[[Page 22907]]

Abstract: The Request for Information sought 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
Comment Period Extended         12/03/04                    69 FR 70288
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, Reports 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
_______________________________________________________________________




1924. UNION OFFICIALS: GUIDELINES FOR FIDUCIARY RESPONSIBILITIES UNDER 
SECTION 501(A) OF THE LABOR-MANAGEMENT REPORTING AND DISCLOSURE ACT

Priority: Other Significant

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         08/29/05                    70 FR 51227
Comment Period End              10/28/05
Request for Information Comment 
Period Extended to 01/26/2006   10/24/05                    70 FR 61472


Next Action Undetermined

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Agency Contact: Kay H. Oshel, Director, Office of Policy, Reports 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)                             Completed Actions


Employment Standards Administration (ESA)



_______________________________________________________________________




1925. AFFIRMATIVE ACTION AND NONDISCRIMINATION OBLIGATIONS OF 
CONTRACTORS AND SUBCONTRACTORS FOR SPECIAL DISABLED VETERANS AND 
VETERANS OF THE VIETNAM ERA

Priority: Other Significant

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 (VEVRAA), as amended. 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 and the Veterans 
Benefits and Health Care Improvement Act of 2000. Secondly, 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, 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 Action                    12/01/05                    70 FR 72147
Final Action Effective          01/03/06

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Agency Contact: James C. Pierce, Acting Deputy Director, Div. of 
Policy, Planning & Program Development, OFCCP, Department of Labor, 
Employment Standards Administration, 200 Constitution Avenue NW., Room 
N3422, 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

[[Page 22908]]

_______________________________________________________________________


Department of Labor (DOL)                           Proposed Rule Stage


Employment and Training Administration (ETA)



_______________________________________________________________________




1926. 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 9 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 (most of 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) and reserved definitions in subpart A.

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                            04/00/06

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: Federal, State

Agency Contact: Erica Cantor, Director, Trade Adjustment Assistance, 
Department of Labor, Employment and Training Administration, 200 
Constitution Avenue NW., Room C5311, Washington, DC 20210
Phone: 202 693-2757
Email: [email protected]

Related RIN: Related to 1205-AB40
RIN: 1205-AB32
_______________________________________________________________________




1927. 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 to 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

[[Page 22909]]

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 9 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 2 parts. This notice of proposed 
rulemaking covers the petitions and determinations (subpart B) and ATAA 
(subpart I) and certain definitions in subpart A of the regulations. A 
separate notice of proposed rulemaking will cover the remaining 
subparts (subpart A and subpart C through subpart 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                            12/00/06

Regulatory Flexibility Analysis Required: No

Government Levels Affected: Federal, State

Agency Contact: Erica Cantor, Director, Trade Adjustment Assistance, 
Department of Labor, Employment and Training Administration, 200 
Constitution Avenue NW., Room C5311, Washington, DC 20210
Phone: 202 693-2757
Email: [email protected]

Related RIN: Related to 1205-AB32
RIN: 1205-AB40
_______________________________________________________________________




1928. LABOR CERTIFICATION FOR THE PERMANENT EMPLOYMENT OF ALIENS IN THE 
UNITED STATES; REDUCING THE INCENTIVES AND OPPORTUNITIES FOR FRAUD AND 
ABUSE AND ENHANCING PROGRAM INTEGRITY

Priority: Other Significant

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

CFR Citation: 20 CFR 656

Legal Deadline: None

Abstract: The Department of Labor and the Department of Homeland 
Security are simultaneously proposing changes to reduce the incentives 
and opportunities for fraud 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                            02/13/06                     71 FR 7656

[[Page 22910]]

NPRM Comment Period End         04/14/06

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Agency Contact: John R. Beverly III, Administrator, Office of Foreign 
Labor Certification, Department of Labor, Employment and Training 
Administration, 200 Constittution Avenue NW., Room C-4312, FP Building, 
Washington, DC 20210
Phone: 202 693-3502
Email: [email protected]

RIN: 1205-AB42
_______________________________________________________________________


Department of Labor (DOL)                              Final Rule Stage


Employment and Training Administration (ETA)



_______________________________________________________________________




1929. 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                    06/00/06

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: State

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

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

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

RIN: 1205-AB18
_______________________________________________________________________




1930. 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 3 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
Final Action                    12/00/06

Regulatory Flexibility Analysis Required: No

Government Levels Affected: State

Agency Contact: John R. Beverly III, Administrator, Office of Foreign 
Labor Certification, Department of Labor, Employment and Training 
Administration, 200 Constittution Avenue NW., Room C-4312, FP Building, 
Washington, DC 20210
Phone: 202 693-3502
Email: [email protected]

RIN: 1205-AB36
_______________________________________________________________________




1931. 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)

[[Page 22911]]

CFR Citation: 20 CFR 656

Legal Deadline: None

Abstract: To reduce an existing backlog in pending applications for 
permanent employment certification, the amendment allowed the National 
Certifying Officer to transfer to a centralized ETA processing 
center(s) applications that were awaiting processing by State Workforce 
Agencies (SWA's) or ETA Regional Offices. The interim final rule sought 
comments on the backlog reduction measures, and took effect 30 days 
after publication.

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
Final Action                    10/00/06

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Agency Contact: John R. Beverly III, Administrator, Office of Foreign 
Labor Certification, Department of Labor, Employment and Training 
Administration, 200 Constittution Avenue NW., Room C-4312, FP Building, 
Washington, DC 20210
Phone: 202 693-3502
Email: [email protected]

RIN: 1205-AB37
_______________________________________________________________________




1932. 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 
(SECTION 610 REVIEW)

Priority: Other Significant

Legal Authority: 8 USC 1101(a)(15)(H)(1)(b1) and 1184 (g)(8)(A); PL 
108-77 sec 402; PL 108-78 sec 402

CFR Citation: 20 CFR 655

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 the 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. This Final Rule addresses the comments submitted through the 
Interim Final Rule process and makes one technical amendment to be 
consistent with the Final Rule amending H-1B and H-1B1 at 70 FR 72556.

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
Final Rule                      06/00/06

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Agency Contact: John R. Beverly III, Administrator, Office of Foreign 
Labor Certification, Department of Labor, Employment and Training 
Administration, 200 Constittution Avenue NW., Room C-4312, FP Building, 
Washington, DC 20210
Phone: 202 693-3502
Email: [email protected]

RIN: 1205-AB38
_______________________________________________________________________




1933. 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                            07/22/05                    70 FR 42474
NPRM Comment Period End         09/20/05
Final Action                    07/00/06

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
_______________________________________________________________________




1934. LABOR CONDITIONS APPLICATIONS FOR E-3 VISAS IN SPECIALTY 
OCCUPATIONS FOR AUSTRALIAN NON-IMMIGRANTS

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

Legal Authority: Not Yet Determined

CFR Citation: Not Yet Determined

Legal Deadline: None

Abstract: The Emergency Supplemental Appropriations Act for Defense, 
the Global War on Terror, and Tsunami Relief, 2005, Public Law 109-13, 
119

[[Page 22912]]

Stat. 231 was signed into law May 11, 2005. The Act adds a new treaty 
visa classification for Australian nonimmigrants coming to the U.S. 
solely to perform services in a specialty occupation. The Department 
amends the current H-1B regulation to incorporate references and 
provisions for the new E-3 program.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              08/00/06

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: Undetermined

Federalism:  Undetermined

Agency Contact: John R. Beverly III, Administrator, Office of Foreign 
Labor Certification, Department of Labor, Employment and Training 
Administration, 200 Constittution Avenue NW., Room C-4312, FP Building, 
Washington, DC 20210
Phone: 202 693-3502
Email: [email protected]

RIN: 1205-AB43
_______________________________________________________________________


Department of Labor (DOL)                             Completed Actions


Employment and Training Administration (ETA)



_______________________________________________________________________




1935. 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.
Other, Statutory, February 11, 2000, Interim Final Rule.

Abstract: The Nursing Relief for Disadvantaged Areas Act of 1999 (Pub 
L. 106-95; November 12, 1999) amended the Immigration and Nationality 
Act to create a 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. The NRDAA 
specified that the H-1C visas were available only during the four-year 
period beginning on the date that interim or final regulations were 
promulgated. Interim rules became effective on September 21, 2000 and 
the H-1C program sunset on September 20, 2004. Because health care 
facilities cannot sponsor new H-1C visas and no new H-1C visas can be 
issued, the Department has determined that continued rulemaking is 
neither necessary nor appropriate and withdraws this entry from the 
agenda. The Department will remove the H-1C regulations when there are 
no valid H-1C visas remaining.

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
Remove from Agenda              02/17/06

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: Federal, Local, State

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

John R. Beverly III, Administrator, Office of Foreign Labor 
Certification, Department of Labor, Employment and Training 
Administration, 200 Constittution Avenue NW., Room C-4312, FP Building, 
Washington, DC 20210
Phone: 202 693-3502
Email: [email protected]

RIN: 1205-AB27
_______________________________________________________________________




1936. 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: Department of Labor (hereinafter Department or DOL) 
regulations allowed 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 sought comments on a 
proposal that would 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 also informed 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
Final Action                    12/05/05                    70 FR 72556
Final Action Effective          01/04/06

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Agency Contact: John R. Beverly III, Administrator, Office of Foreign 
Labor Certification, Department of Labor, Employment and Training 
Administration, 200 Constittution Avenue NW., Room C-4312, FP Building, 
Washington, DC 20210

[[Page 22913]]

Phone: 202 693-3502
Email: [email protected]

RIN: 1205-AB39
_______________________________________________________________________


Department of Labor (DOL)                                 Prerule Stage


Employee Benefits Security Administration (EBSA)



_______________________________________________________________________




1937. INDEPENDENCE OF ACCOUNTANT

Priority: Other Significant

Unfunded Mandates: Undetermined

Legal Authority: 29 USC 1023(a)(3)(A); 29 USC 1135

CFR Citation: 29 CFR 2509

Legal Deadline: None

Abstract: EBSA is conducting a review of the guidelines applicable to 
determining when a qualified public accountant is independent for 
purposes of auditing and rendering an opinion on the financial 
information required to be included in the annual report of an employee 
benefit plan for purposes of section 103(a)(3)(A) of ERISA. The current 
guidelines, set forth as an Interpretive Bulletin at 29 CFR section 
2509.75-9, were adopted in 1975. Given the changes that have taken 
place with respect to employee benefit plans and auditing practices and 
standards, as well as changes in the industry, since the issuance of 
those guidelines, EBSA is preparing a Request for Information that will 
invite interested persons to submit written comments and suggestions 
concerning whether and to what extent the current guidelines should be 
modified.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Request for Information         06/00/06

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

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

RIN: 1210-AB09
_______________________________________________________________________




1938. PLAN ASSETS-PARTICIPANT CONTRIBUTIONS REGULATION (610 REVIEW) 
(SECTION 610 REVIEW)

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: EBSA is conducting a review of the plan assets - participant 
contributions regulation in accordance with the requirements of section 
610 of the Regulatory Flexibility Act. The review will cover the 
continued need for the rule; the nature of complaints or comments 
received from the public concerning the rule; the complexity of the 
rule; the extent to which the rule overlaps, duplicates, or conflicts 
with other Federal rules and, to the extent feasible, with State and 
local rules; and the extent to which technology, economic conditions, 
or other factors have changed in industries affected by the rule.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Begin Review                    03/01/06
End Review                      12/00/06

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: None

Federalism:  Undetermined

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

RIN: 1210-AB11
_______________________________________________________________________


Department of Labor (DOL)                           Proposed Rule Stage


Employee Benefits Security Administration (EBSA)



_______________________________________________________________________




1939. 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.

[[Page 22914]]

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 include 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 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                            07/00/06

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., Room N5669, FP Building, Washington, DC 20210
Phone: 202 693-8512
Fax: 202 219-7291

RIN: 1210-AB02
_______________________________________________________________________




1940. 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.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            06/00/06

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, Room N-5669, Washington, DC 20210
Phone: 202 693-8500
Fax: 202 219-7291

RIN: 1210-AB06
_______________________________________________________________________




1941. 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                            08/00/06

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: None

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

RIN: 1210-AB07
_______________________________________________________________________




1942. 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 section 2550.408b-2). 
This amendment will ensure that plan fiduciaries are provided or have 
access to that information necessary to a determination of 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

[[Page 22915]]

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                            08/00/06

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, Room N-5669, Washington, DC 20210
Phone: 202 693-8500

RIN: 1210-AB08
_______________________________________________________________________




1943. SECTION 404 REGULATION--SAFE HARBOR FOR DEFAULT INVESTMENTS

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

Unfunded Mandates: Undetermined

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

CFR Citation: 29 CFR 2550

Legal Deadline: None

Abstract: This rulemaking would establish a safe harbor under which a 
fiduciary of a participant-directed individual account pension plan 
will be deemed to have satisfied his or her fiduciary responsibilities 
with respect to investment and asset allocation decisions made on 
behalf of individual participants and beneficiaries who fail to give 
investment direction. This rulemaking will describe the types of 
investments that qualify as default investments under the safe harbor. 
As with other investment alternatives available under the plan, 
fiduciaries will continue to be responsible for the prudent selection 
and monitoring of qualifying default investment alternatives.

Statement of Need: Section 404(c)(1) of ERISA provides that, where a 
participant or beneficiary of an employee pension benefit plan 
exercises control over assets in an individual account maintained for 
him or her under the plan, the participant or beneficiary is not 
considered a fiduciary by reason of his or her exercise of control and 
other plan fiduciaries are relieved of liability under part 4 of title 
I of ERISA for the results of such exercise of control. The Department 
has previously issued regulations under section 404(c)(1) describing 
the circumstances in which 404(c)(1) applies to a transaction involving 
a participant's or beneficiary's exercise of control over his or her 
account. This rulemaking would amend those regulations to respond to a 
need on the part of plan sponsors and fiduciaries for guidance on the 
selection of default investments for plan participants who fail to make 
an investment election. Such guidance would also improve retirement 
savings for millions of American workers.

Summary of Legal Basis: Promulgation of this regulation is authorized 
by sections 505 and 404(c) of ERISA

Alternatives: Regulatory alternatives will be developed once 
determinations have been made with regard to the scope and nature of 
the regulatory guidance that will be necessary to provide for default 
investment options when a participant in a 401(k) or similar individual 
account plan fails to direct the investment of his or her account.

Anticipated Cost and Benefits: Costs and benefits of regulatory 
alternatives will be estimated and taken into account in the 
development of the proposed regulation. Intended benefits include 
increases in 401(k) plan participation rates, more beneficial asset 
allocations of many participants' accounts, and attendant improvements 
in retirement security.

Risks: Failure to provide guidance on default investment options for 
individual account plans may result in diminished retirement savings 
for the many participants who fail to make an investment election with 
regard to their accounts.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            06/00/06

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: None

Federalism:  Undetermined

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

RIN: 1210-AB10
_______________________________________________________________________


Department of Labor (DOL)                              Final Rule Stage


Employee Benefits Security Administration (EBSA)



_______________________________________________________________________




1944. 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) amended title I of ERISA and the Public Health Service Act with 
parallel provisions that protect mothers and their newborn children 
with regard to the length of hospital stays following the birth of a 
child. The Departments of Labor and Health and Human Services are 
mutually dependent due to shared interpretive jurisdiction and are 
proceeding concurrently to provide final regulatory 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                    12/00/06

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

[[Page 22916]]

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

RIN: 1210-AA63
_______________________________________________________________________




1945. 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: The Health Insurance Portability and Accountability Act of 
1996 (HIPAA) amended title I of ERISA, the Internal Revenue Code, and 
the Public Health Service Act with parallel provisions to prohibit 
discrimination by a group health plan or a health insurance issuer 
based on any health status-related factor. The Departments of Labor, 
the Treasury, and Health and Human Services are mutually dependent due 
to shared interpretive jurisdiction and are proceeding concurrently to 
provide final regulatory guidance regarding these provisions.

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                      06/00/06

Regulatory Flexibility Analysis Required: No

Government Levels Affected: Undetermined

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

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

RIN: 1210-AA77
_______________________________________________________________________




1946. 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 inhibit 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                    05/00/06

[[Page 22917]]

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, 200 
Constitution Avenue NW., FP Building, Washington, DC 20210
Phone: 202 693-8500

RIN: 1210-AA97
_______________________________________________________________________




1947. VOLUNTARY FIDUCIARY CORRECTION PROGRAM

Priority: Other Significant

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

________________________________________________________________________

Final Action                    04/00/06

Regulatory Flexibility Analysis Required: No

Small Entities Affected: Businesses

Government Levels Affected: None

Public Compliance Cost: ; Yearly Recurring Cost: $210000; Base Year for 
Dollar Estimates: 2006

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., Room N5669, FP Building, Washington, DC 20210
Phone: 202 693-8512
Fax: 202 219-7291

RIN: 1210-AB03
_______________________________________________________________________




1948. ELECTRONIC FILING OF ANNUAL REPORTS

Priority: Other Significant

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

CFR Citation: 29 CFR 2520.104a-2

Legal Deadline: None

Abstract: This rulemaking will 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                            08/30/05                    70 FR 51542
NPRM Comment Period End         10/03/05
Final Action                    06/00/06

Regulatory Flexibility Analysis Required: Yes

Small Entities Affected: Businesses, Organizations

Government Levels Affected: None

Public Compliance Cost: Initial Cost: $23000000; Yearly Recurring Cost: 
$10000000; Base Year for Dollar Estimates: 2007

Agency Contact: John J Canary, Supervisory Pension Law Specialist, 
Department of Labor, Employee Benefits Security Administration, 200 
Constitution Avenue NW., FP Building, Washington, DC 20210
Phone: 202 693-8500
Fax: 202 219-7291

RIN: 1210-AB04
_______________________________________________________________________


Department of Labor (DOL)                             Long-Term Actions


Employee Benefits Security Administration (EBSA)



_______________________________________________________________________




1949. 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, 200 Constitution Avenue NW., FP Building, 
Washington, DC 20210
Phone: 202 693-8500

RIN: 1210-AA15
_______________________________________________________________________




1950. 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 to 
1172; 29 USC 1191c

[[Page 22918]]

CFR Citation: 29 CFR 2590

Legal Deadline: None

Abstract: The Health Insurance Portability and Accountability Act of 
1996 (HIPAA) amended title I of ERISA, the Internal Revenue Code, and 
the Public Health Service Act with parallel provisions designed to 
improve health care access, portability and renewability. The 
Departments of Labor, the Treasury, and the Health and Human Services 
are mutually dependent due to shared interpretive jurisdiction and are 
proceeding concurrently to provide additional regulatory guidance 
regarding these provisions.

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

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

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

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

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

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

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

RIN: 1210-AA54
_______________________________________________________________________


Department of Labor (DOL)                             Completed Actions


Employee Benefits Security Administration (EBSA)



_______________________________________________________________________




1951. PROHIBITED TRANSACTION EXEMPTION PROCEDURES

Priority: Other Significant

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 considering amendments to the Exemption Procedure 
Regulation in lieu of publishing a Request for Information. In 
addition, EBSA is ending the 610 review of this regulation.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Begin Review                    12/01/03
End Review                      01/26/06

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

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
_______________________________________________________________________




1952. 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 regulation 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                    01/11/06                     71 FR 1904
Final Action Effective          02/10/06

Regulatory Flexibility Analysis Required: Yes

Small Entities Affected: Organizations

Government Levels Affected: None

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

RIN: 1210-AB00
_______________________________________________________________________




1953. CIVIL PENALTY FOR FAILURE TO PROVIDE SECTION 302 NOTICE

Priority: Substantive, Nonsignificant

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

[[Page 22919]]

CFR Citation: 29 CFR 2560

Legal Deadline: None

Abstract: The Department has decided to withdraw this regulatory 
action. The Department has determined that such action does not appear 
to be necessary given that the statutory timeframe for making elections 
under section 412(b)(7)(F) of the Internal Revenue Code is almost over 
and that very few plans actually made such an election. The Code 
section 412(b)(b)(F) election to defer a portion of the amortization 
charge arising from the net experience loss for the first plan year 
beginning after December 31, 2001, is available for an eligible 
multiemployer plan with respect to plan years beginning after June 30, 
2003, and before July 1, 2005. See IRS Notice 2005-40, Q&A's. The 
Department will review this matter if noncompliance under Code section 
412(b)(70)(F) becomes an issue.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Withdrawn                       02/15/06

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

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

RIN: 1210-AB01
_______________________________________________________________________


Department of Labor (DOL)                                 Prerule Stage


Mine Safety and Health Administration (MSHA)



_______________________________________________________________________




1954.  EQUIVALENCY EVALUATION OF THE U.S. 
ENVIRONMENTAL PROTECTION AGENCY'S NONROAD DIESEL ENGINE STANDARDS

Priority: Other Significant

Legal Authority: 30 USC 957

CFR Citation: 30 CFR 7

Legal Deadline: None

Abstract: This notice announces our intention to review the U.S. 
Environmental Protection Agency's (EPA) standards for nonroad diesel 
engines. The review will determine if certain EPA requirements in 40 
CFR part 189, Control of Emissions From New and In-Use Nonroad 
Compression-Ignition Engines, provide, or can be modified to provide, 
at least the same degree of protection as our existing applicable 
requirements in 30 CFR part 7, subpart E-Diesel Engines Intended for 
Use in Underground Coal Mines. This review is limited to the testing of 
Category B diesel engines as defined in 30 CFR 7.82, Definitions.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Notice of Intent to review the 
U.S. Environmental Protection 
Agency Title                    03/28/06                    71 FR 15358
End of Comment Period           05/30/06

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Agency Contact: Patricia W. Silvey, Acting Director, Office of 
Standards, Regulations, and Variances, Department of Labor, Mine Safety 
and Health Administration, 1100 Wilson Boulevard, Room 2349, Arlington, 
VA 22209-3939
Phone: 202 693-9440
Fax: 202 693-9441
Email: [email protected]

RIN: 1219-AB43
_______________________________________________________________________




1955.  UNDERGROUND MINE RESCUE EQUIPMENT AND 
TECHNOLOGY

Priority: Other Significant

Legal Authority: 30 USC 811

CFR Citation: Not Yet Determined

Legal Deadline: None

Abstract: The Mine Safety and Health Administration is requesting data, 
comments, and other information on issues relevant to underground mine 
rescue equipment and technology. Over the last several years, 
improvements have been made to communication devices, sensors, and 
other forms of technology in general industry. As such, continuous 
development and deployment of mine rescue equipment and technology are 
crucial to enhancing the effectiveness of mine rescue operations and 
improving miners' survivability in the event of a mine emergency. 
Responses to this request for information will assist the Agency in 
determining an appropriate course of action as necessary to improve 
mine rescue capabilities.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

RFI                             01/25/06                     71 FR 4224
RFI Comment Period End          03/27/06
Public Meeting on 3/13/06       02/23/06                     71 FR 9299
Review Comments                 06/00/06

Regulatory Flexibility Analysis Required: No

Small Entities Affected: Businesses

Government Levels Affected: None

Agency Contact: Patricia W. Silvey, Acting Director, Office of 
Standards, Regulations, and Variances, Department of Labor, Mine Safety 
and Health Administration, 1100 Wilson Boulevard, Room 2349, Arlington, 
VA 22209-3939
Phone: 202 693-9440
Fax: 202 693-9441
Email: [email protected]

RIN: 1219-AB44
_______________________________________________________________________




1956.  PROXIMITY DETECTION SYSTEM FOR CONTINUOUS 
MINING MACHINES

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

Legal Authority: 30 USC 811

CFR Citation: Not Yet Determined

Legal Deadline: None

Abstract: The ANPRM would seek information relative to the use of a 
proximity detection system to address crushing and pinning hazards 
associated with the operation of remote control continuous mining 
machines. Currently, there are no existing 30 CFR regulations that 
mandate the use of a proximity detection system on these machines.

[[Page 22920]]

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Request for Information         09/00/06

Regulatory Flexibility Analysis Required: No

Small Entities Affected: Businesses

Government Levels Affected: None

Agency Contact: Patricia W. Silvey, Acting Director, Office of 
Standards, Regulations, and Variances, Department of Labor, Mine Safety 
and Health Administration, 1100 Wilson Boulevard, Room 2349, Arlington, 
VA 22209-3939
Phone: 202 693-9440
Fax: 202 693-9441
Email: [email protected]

RIN: 1219-AB49
_______________________________________________________________________


Department of Labor (DOL)                           Proposed Rule Stage


Mine Safety and Health Administration (MSHA)



_______________________________________________________________________




1957. HIGH-VOLTAGE CONTINUOUS MINING MACHINE STANDARD 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 July 16, 2004 NPRM (69 FR 42812) proposed to establish 
design requirements for approval of high-voltage continuous mining 
machines operating where miners work in underground coal mines. The 
rule also proposed to establish new mandatory electrical safety 
standards for the installation, use, and maintenance of the high-
voltage continuous mining machines.
This supplemental NPRM proposes and requests comments on two issues 
that arose from oral and written comments that MSHA received during the 
hearing and post-hearing comment period on the NPRM.
These issues involve: 1) types of trailing cables that can be used with 
high-voltage continuous mining machines; and 2) a requirement to use 
high-voltage insulating gloves or other personal protective equipment 
when handling energized high-voltage trailing cables.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            07/16/04                    69 FR 42812
NPRM Comment Period End         08/23/04                    69 FR 51784
Second NPRM                     03/28/06                    71 FR 15359
Second NPRM Comment Period End  05/30/06

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Agency Contact: Patricia W. Silvey, Acting Director, Office of 
Standards, Regulations, and Variances, Department of Labor, Mine Safety 
and Health Administration, 1100 Wilson Boulevard, Room 2349, Arlington, 
VA 22209-3939
Phone: 202 693-9440
Fax: 202 693-9441
Email: [email protected]

RIN: 1219-AB34
_______________________________________________________________________




1958. REVISING ELECTRICAL PRODUCT APPROVAL REGULATIONS

Priority: Other Significant

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. The proposed rule would also reorganize portions of 
the approval regulations.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            11/00/06

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Agency Contact: Patricia W. Silvey, Acting Director, Office of 
Standards, Regulations, and Variances, Department of Labor, Mine Safety 
and Health Administration, 1100 Wilson Boulevard, Room 2349, Arlington, 
VA 22209-3939
Phone: 202 693-9440
Fax: 202 693-9441
Email: [email protected]

RIN: 1219-AB37
_______________________________________________________________________




1959. FIELD MODIFICATIONS OF PERMISSIBLE MOBILE DIESEL-POWERED EQUIPMENT

Priority: Other Significant

Legal Authority: 30 USC 957; 30 USC 961

CFR Citation: 30 CFR 36

Legal Deadline: None

Abstract: The Mine Safety and Health Administration is proposing to add 
field modification provisions to part 36 - Approval requirements for 
permissible mobile diesel-powered transportation equipment. Field 
modifications allow permissible equipment to be modified for mine-
specific use or to comply with new diesel standards. The implementation 
of diesel regulations in 30 CFR parts 7, 36, 57, 72, and 75 has 
resulted in an increase in requests from owners of approved equipment, 
typically underground mine operators, to field modify permissible 
diesel-powered equipment. This proposed rule would codify the field 
modification process for part 36 field modification acceptances, expand 
the field modification process to allow mine operators as defined in 
the Federal Mine Safety and Health Act 1977 to apply for field 
modifications, and continue to ensure that field-modified equipment 
operates safely in gassy underground mines.
The proposed rule would implement existing policy which dates from 1985 
to reflect current procedures for processing field modifications 
related

[[Page 22921]]

to mobile diesel-powered transportation equipment. Also, the proposed 
rule would require that labeling provisions be applied to all new field 
modifications accepted under part 36. These new provisions would 
enhance miner safety.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            08/00/06

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Patricia W. Silvey, Acting Director, Office of 
Standards, Regulations, and Variances, Department of Labor, Mine Safety 
and Health Administration, 1100 Wilson Boulevard, Room 2349, Arlington, 
VA 22209-3939
Phone: 202 693-9440
Fax: 202 693-9441
Email: [email protected]

RIN: 1219-AB39
_______________________________________________________________________




1960. USE OF OR IMPAIRMENT FROM ALCOHOL AND OTHER DRUGS ON MINE PROPERTY

Priority: Other Significant

Legal Authority: Not Yet Determined

CFR Citation: Not Yet Determined

Legal Deadline: None

Abstract: MSHA is considering rulemaking to address the risks and 
hazards to miner safety from the use of or impairment from alcohol and 
drugs on mine property.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           10/04/05                    70 FR 57808
ANPRM Comment Period End        11/27/05
NPRM                            01/00/07

Regulatory Flexibility Analysis Required: No

Small Entities Affected: Businesses, Governmental Jurisdictions

Government Levels Affected: Local

Agency Contact: Patricia W. Silvey, Acting Director, Office of 
Standards, Regulations, and Variances, Department of Labor, Mine Safety 
and Health Administration, 1100 Wilson Boulevard, Room 2349, Arlington, 
VA 22209-3939
Phone: 202 693-9440
Fax: 202 693-9441
Email: [email protected]

RIN: 1219-AB41
_______________________________________________________________________




1961.  CRITERIA AND PROCEDURES FOR PROPOSED ASSESSMENT 
OF CIVIL PENALTIES

Priority: Other Significant. Major under 5 USC 801.

Legal Authority: 30 USC 815; 30 US 820; 30 USC 957

CFR Citation: 30 CFR 100

Legal Deadline: None

Abstract: MSHA will initiate rulemaking to revise the process for 
assessing proposed civil monetary penalties and to increase the amounts 
of the proposed penalties. Updating these regulations will strengthen 
incentives for compliance.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            08/00/06

Regulatory Flexibility Analysis Required: Undetermined

Small Entities Affected:  Businesses

Government Levels Affected: Undetermined

Agency Contact: Patricia W. Silvey, Acting Director, Office of 
Standards, Regulations, and Variances, Department of Labor, Mine Safety 
and Health Administration, 1100 Wilson Boulevard, Room 2349, Arlington, 
VA 22209-3939
Phone: 202 693-9440
Fax: 202 693-9441
Email: [email protected]

RIN: 1219-AB51
_______________________________________________________________________


Department of Labor (DOL)                              Final Rule Stage


Mine Safety and Health Administration (MSHA)



_______________________________________________________________________




1962. 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 
proposed a rule to lower its permissible exposure limits (PEL) to the 
limits OSHA promulgated in 1994 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 PEL 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 MSHA's 
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 promulgated a 2 mppcf and 12 
fibers/ml standard. In 1970, the Bureau proposed to lower the standard 
to 5 fibers/ml, which was promulgated in 1974. MSHA issued its current 
standard of 2 fibers/ml in 1976 for coal mining (41 FR 10223) and 1978 
for metal and nonmetal mining (43 FR 54064). During inspections, MSHA 
routinely takes samples, which are analyzed for compliance with its 
standard.

Other Federal agencies have addressed this issue by lowering their PEL 
for asbestos. For example, the Occupational Safety and Health 
Administration, working in conjunction with the Environmental 
Protection Agency, enacted a revised asbestos

[[Page 22922]]

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. In early 2000, 
MSHA began an intensive sampling effort at operations with potential 
asbestos exposure, including taking samples at existing vermiculite, 
taconite, talc, and selected other mines to determine whether asbestos 
is present and at what levels. 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.

MSHA's proposed rule did not include standards to address take-home 
contamination from asbestos nor did MSHA propose to change its 
analytical method for asbestos. The final rule will be based, in part, 
on comments and testimony to the proposed rule, as well as MSHA samplng 
and inspection experience.

Anticipated Cost and Benefits: MSHA developed a preliminary regulatory 
economic analysis to accompany the proposed rules.

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                            07/29/05                    70 FR 42950
NPRM Comment Period End         09/20/05                    70 FR 43950
Public Hearing                  10/18/05                    70 FR 43950
Final Action                    10/00/06

Regulatory Flexibility Analysis Required: No

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: Patricia W. Silvey, Acting Director, Office of 
Standards, Regulations, and Variances, Department of Labor, Mine Safety 
and Health Administration, 1100 Wilson Boulevard, Room 2349, Arlington, 
VA 22209-3939
Phone: 202 693-9440
Fax: 202 693-9441
Email: [email protected]

RIN: 1219-AB24
_______________________________________________________________________




1963. 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 was published on February 27, 2002,(67 FR 9180). 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). MSHA issued 
a final rule on June 6, 2005(70 FR 32868) that revises MSHA's existing 
standards addressing diesel particulate matter (DPM) exposure in 
underground metal and nonmetal(M/NM) mines. The rule, among other 
things, changes the interim concentration limit measured by total 
carbon(TC) to a comparable permissible exposure limit(PEL)measured by 
elemental carbon(EC). MSHA is developing a rule to phase in 
implementation of the final limit. On September 7, 2005, MSHA proposed 
a rule to phase in the final DPM limit because the agency was concerned 
that there may be feasibility issues for some mines to meet the final 
limit of 160 micrograms by January 20, 2006. Accordingly, MSHA proposed 
a five-year phase-in period and noted our intent to initiate a separate 
rulemaking to convert the final DPM limit from a total carbon limit to 
an elemental carbon limit. We also proposed to delete the existing 
provision that restricts newer mines from applying for an extension of 
time for meeting the final concentration limit. In addition, we 
requested comments and data on an appropriate conversion factor for the 
final DPM limit, technological implementation issues, and the costs and 
benefits of the proposed rule. We also requested comments on the 
appropriateness of including in a final rule a provision for medical 
evaluation of miners required to wear respiratory protection and 
transfer of miners who have been determined by a medical professional 
to be unable to wear a respirator. Public hearings were held in January 
2006.

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

[[Page 22923]]

35521). 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 and 
finalized changes only to the interim DPM standard of 400 micrograms 
per cubic meter of air. MSHA also committed to proposing a rule to 
revise the final DPM limit of 160 micrograms per cubic meter of air.

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

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

Anticipated Cost and Benefits: MSHA's preliminary economic analysis 
indicates 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. MSHA 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

________________________________________________________________________

Final Action                    02/27/02                     67 FR 9180
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                    06/06/05                    70 FR 32868
Final Action Effective          07/06/05
Second NPRM                     09/07/05                    70 FR 53280
Notice of Public Hearing        09/07/05                    70 FR 53280
Close of Comment Period         09/07/05                    70 FR 53280
Request for Data                09/07/05                    70 FR 53280
Comment Period Extended         09/19/05                    70 FR 55018
Change of Public Hearings Dates 09/19/05                    70 FR 55018
Extension Of Comment Period     01/26/06                     71 FR 4331
Final Action                    05/00/06

Regulatory Flexibility Analysis Required: Yes

Small Entities Affected: Businesses

Government Levels Affected: None

Agency Contact: Patricia W. Silvey, Acting Director, Office of 
Standards, Regulations, and Variances, Department of Labor, Mine Safety 
and Health Administration, 1100 Wilson Boulevard, Room 2349, Arlington, 
VA 22209-3939
Phone: 202 693-9440
Fax: 202 693-9441
Email: [email protected]

RIN: 1219-AB29
_______________________________________________________________________




1964. FIRE EXTINGUISHERS IN UNDERGROUND COAL MINES

Priority: Other Significant

Legal Authority: 30 USC 811

CFR Citation: 30 CFR 75.1100-2

Legal Deadline: None

Abstract: The fire protection requirement in 30 CFR 75.1100-2(a)(2) 
requires rock dust and water at the underground workings at anthracite 
coal mines, and (e)(2) requires a fire extinguisher and rock dust at 
temporary electrical installations. MSHA has granted 101(c) petitions 
for modification allowing operators to use only fire extinguishers in 
lieu of rock dust and other requirements at these two locations. This 
direct final rule would eliminate the need to file petitions to use 
this alternative method of compliance.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Direct Final Rule               06/00/06

Regulatory Flexibility Analysis Required: No

Small Entities Affected: Businesses

Government Levels Affected: None

Agency Contact: Patricia W. Silvey, Acting Director, Office of 
Standards, Regulations, and Variances, Department of Labor, Mine Safety 
and Health Administration, 1100 Wilson Boulevard, Room 2349, Arlington, 
VA 22209-3939
Phone: 202 693-9440
Fax: 202 693-9441
Email: [email protected]

RIN: 1219-AB40
_______________________________________________________________________




1965.  EVALUATION OF INTERNATIONAL ELECTROTECHNICAL 
COMMISSION'S STANDARDS FOR EXPLOSION-PROOF ENCLOSURES

Priority: Other Significant

Legal Authority: 30 USC 957

CFR Citation: 30 CFR 6; 30 CFR 7; 30 CFR 18

Legal Deadline: None

Abstract: MSHA reviewed the requirements of the International 
Electrotechnical Commission's (IEC) standards for Electrical Apparatus 
for Explosive Gas Atmospheres to determine if they are equivalent to 
MSHA's applicable product approval requirements or can be modified to 
provide at least the same degree of protection as our requirements. 
This final rule promulgates MSHA's equivalency determination for two of 
the IEC's Standards for Electrical Apparatus. These two standards, with 
specified modifications, will provide the same degree of protection as 
MSHA's applicable approval requirements for explosion-proof enclosures 
in 30 CFR parts 7 and 18.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Final Action                    04/00/06

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Patricia W. Silvey, Acting Director, Office of 
Standards, Regulations, and Variances, Department of Labor, Mine Safety 
and Health Administration, 1100 Wilson

[[Page 22924]]

Boulevard, Room 2349, Arlington, VA 22209-3939
Phone: 202 693-9440
Fax: 202 693-9441
Email: [email protected]

RIN: 1219-AB42
_______________________________________________________________________




1966.  EMERGENCY MINE EVACUATION

Priority: Other Significant

Legal Authority: 30 USC 811

CFR Citation: 30 CFR 18; 30 CFR 48; 30 CFR 50; 30 CFR 75

Legal Deadline: Final, Statutory, December 9, 2006.

Abstract: The Mine Safety and Health Administration has issued an 
emergency temporary standard under section 101(b) of the Federal Mine 
Safety and Health Act of 1977 in response to the grave danger which 
miners are exposed to during underground coal mine accidents and 
subsequent evacuations. The recent January 2006 mine accidents and 
fatalities demonstrate the need for MSHA to take additional action that 
will improve mine operators' ability to respond to mine emergencies. 
This emergency temporary standard includes requirements for immediate 
accident notification; self-contained self-rescuer storage, training, 
and use; and the installation, use and maintenance of lifelines in 
underground mine escapeways.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Emergency Temporary Standard    03/09/06                    71 FR 12252
Emergency Temporary Standard 
Effective                       04/10/06
Public Hearing                  04/00/06
Change of Public Hearing Dates  03/27/06                    71 FR 15028
Final Action                    12/00/06

Regulatory Flexibility Analysis Required: No

Small Entities Affected: Businesses

Government Levels Affected: None

Agency Contact: Patricia W. Silvey, Acting Director, Office of 
Standards, Regulations, and Variances, Department of Labor, Mine Safety 
and Health Administration, 1100 Wilson Boulevard, Room 2349, Arlington, 
VA 22209-3939
Phone: 202 693-9440
Fax: 202 693-9441
Email: [email protected]

RIN: 1219-AB46
_______________________________________________________________________


Department of Labor (DOL)                             Long-Term Actions


Mine Safety and Health Administration (MSHA)



_______________________________________________________________________




1967. 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
Close of Record                 08/11/00
Extension of Comment Period; 
Close of Record                 08/11/00                    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: Undetermined

Government Levels Affected: None

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

Agency Contact: Patricia W. Silvey, Acting Director, Office of 
Standards, Regulations, and Variances, Department of Labor, Mine Safety 
and Health Administration, 1100 Wilson Boulevard, Room 2349, Arlington, 
VA 22209-3939
Phone: 202 693-9440
Fax: 202 693-9441
Email: [email protected]

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

[[Page 22925]]

_______________________________________________________________________




1968. 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 F.3d 1264 (11th 
Cir. 1998). MSHA and NIOSH reopened the rulemaking record on March 6, 
2003, to obtain comments on documents added to the rulemaking record 
since the proposed rule was published July 7, 2000. Public hearings 
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     08/11/00                    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
Reopening of Record; Correction 04/01/03                    68 FR 15691
NPRM                             To Be                       Determined

Regulatory Flexibility Analysis Required: Undetermined

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: Patricia W. Silvey, Acting Director, Office of 
Standards, Regulations, and Variances, Department of Labor, Mine Safety 
and Health Administration, 1100 Wilson Boulevard, Room 2349, Arlington, 
VA 22209-3939
Phone: 202 693-9440
Fax: 202 693-9441
Email: [email protected]

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




1969. 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: Patricia W. Silvey, Acting Director, Office of 
Standards, Regulations, and Variances, Department of Labor, Mine Safety 
and Health Administration, 1100 Wilson Boulevard, Room 2349, Arlington, 
VA 22209-3939
Phone: 202 693-9440
Fax: 202 693-9441
Email: [email protected]

RIN: 1219-AB36
_______________________________________________________________________


Department of Labor (DOL)                             Completed Actions


Mine Safety and Health Administration (MSHA)



_______________________________________________________________________




1970. IMPROVING AND ELIMINATING REGULATIONS

Priority: Other Significant

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. MSHA have reviewed its 
current regulations and identified provisions that are outdated, 
redundant, unnecessary, or otherwise require change. MSHA will be 
making

[[Page 22926]]

these changes through notice and comment rulemaking where necessary. We 
will also consider new regulations that reflect ``best practices'' in 
the mining industry. MSHA views this effort to be evolving and ongoing 
and will continue to accept recommendations from the public. MSHA 
published a final rule allowing the use of low-and medium voltage 
diesel-powered electrical generators as an alternative 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                    12/30/05                    70 FR 77728
Final Action Effective          02/28/06

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Agency Contact: Patricia W. Silvey, Acting Director, Office of 
Standards, Regulations, and Variances, Department of Labor, Mine Safety 
and Health Administration, 1100 Wilson Boulevard, Room 2349, Arlington, 
VA 22209-3939
Phone: 202 693-9440
Fax: 202 693-9441
Email: [email protected]

RIN: 1219-AA98
_______________________________________________________________________




1971. TRAINING STANDARDS FOR SHAFT AND SLOPE CONSTRUCTION WORKERS AT 
UNDERGROUND MINES

Priority: Other Significant

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: The final rule removes the training exclusion for shaft and 
slope construction workers. Shaft and slope construction workers will 
now receive training for new miners, training for experienced miners, 
task training, and annual refresher training, and hazard training. The 
rule will provide shaft and slope construction workers with the same 
type of safety and health training afforded other miners.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            07/16/04                    69 FR 42842
Public Hearing                  08/24/04
Public Hearing                  08/26/04
Comment Period End              09/14/04
Final Action                    12/30/05                    70 FR 77716
Final Action Effective          06/28/06

Regulatory Flexibility Analysis Required: No

Small Entities Affected: Businesses

Government Levels Affected: None

Agency Contact: Patricia W. Silvey, Acting Director, Office of 
Standards, Regulations, and Variances, Department of Labor, Mine Safety 
and Health Administration, 1100 Wilson Boulevard, Room 2349, Arlington, 
VA 22209-3939
Phone: 202 693-9440
Fax: 202 693-9441
Email: [email protected]

RIN: 1219-AB35
_______________________________________________________________________




1972. PART 5--FEES FOR TESTING, EVALUATION, AND APPROVAL OF MINING 
PRODUCTS

Priority: Other Significant

Legal Authority: 30 USC 957

CFR Citation: 30 CFR 5

Legal Deadline: None

Abstract: MSHA published 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 updates 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 (RAMP), which provided one process for 
all types of products. (3) The previous rule required 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

________________________________________________________________________

NPRM                            08/09/05                    70 FR 46345
Direct Final Rule               08/09/05                    70 FR 46336
NPRM Comment Period End         10/11/05
Direct Final Rule Effective     11/07/05

Regulatory Flexibility Analysis Required: No

Small Entities Affected: Businesses

Government Levels Affected: None

[[Page 22927]]

Agency Contact: Patricia W. Silvey, Acting Director, Office of 
Standards, Regulations, and Variances, Department of Labor, Mine Safety 
and Health Administration, 1100 Wilson Boulevard, Room 2349, Arlington, 
VA 22209-3939
Phone: 202 693-9440
Fax: 202 693-9441
Email: [email protected]

RIN: 1219-AB38
_______________________________________________________________________


Department of Labor (DOL)                             Long-Term Actions


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



_______________________________________________________________________




1973. 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 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, 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
_______________________________________________________________________




1974. 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. Public Law 
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., Room S-1513(B) FP Building, 
Washington, DC 20210
Phone: 202 693-7283
Fax: 202 693-7290
Email: [email protected]

RIN: 1291-AA30

[[Page 22928]]

_______________________________________________________________________


Department of Labor (DOL)                                 Prerule Stage


Occupational Safety and Health Administration (OSHA)



_______________________________________________________________________




1975. 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 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     11/00/06

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, Room 
3718, Washington, DC 20210
Phone: 202 693-1950
Fax: 202 693-1678
Email: [email protected]

RIN: 1218-AB70
_______________________________________________________________________




1976. 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.

[[Page 22929]]

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.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Request for Information         11/26/02                    67 FR 70707
Complete SBREFA Report          08/00/06

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, Room 
3718, Washington, DC 20210
Phone: 202 693-1950
Fax: 202 693-1678
Email: [email protected]

RIN: 1218-AB76
_______________________________________________________________________




1977. 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 asked OSHA to update subpart N. OSHA 
determined that the existing rule needs to be revised and 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. At the time this 
Semi-Annual Regulatory Agenda went to press, a determination had not 
yet been made as to whether a SBREFA Panel 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. If a SBREFA panel is convened, the next step will be to issue a 
SBREFA Panel Report.

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
SBREFA Panel Report             09/00/06

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, 200 Constitution Avenue NW., FP Building, Washington, 
DC 20210
Phone: 202 693-2020
Fax: 202 693-1689

RIN: 1218-AC01
_______________________________________________________________________




1978. 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                      09/00/06

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
_______________________________________________________________________




1979. 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

[[Page 22930]]

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         05/00/06

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, Room 
3718, Washington, DC 20210
Phone: 202 693-1950
Fax: 202 693-1678
Email: [email protected]

RIN: 1218-AC17
_______________________________________________________________________




1980. LEAD IN CONSTRUCTION (SECTION 610 REVIEW)

Priority: Substantive, Nonsignificant

Legal Authority: 29 USC 655(b); 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                    06/06/05                    70 FR 32739
End Review Comment Period 
Extended 11/00/2005             09/06/05                    70 FR 32739
End Review                      12/00/06

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-AC18
_______________________________________________________________________




1981. 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                           06/00/06

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, Room 
3718, Washington, DC 20210
Phone: 202 693-1950
Fax: 202 693-1678
Email: [email protected]

RIN: 1218-AC19
_______________________________________________________________________




1982. 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) 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

[[Page 22931]]

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                           05/00/06

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, Room 
3718, Washington, DC 20210
Phone: 202 693-1950
Fax: 202 693-1678
Email: [email protected]

RIN: 1218-AC20
_______________________________________________________________________




1983. NOTICE ON SUPPLIER'S DECLARATION OF CONFORMITY (SDOC)

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

Unfunded Mandates: Undetermined

Legal Authority: 29 USC 655(b)

CFR Citation: 29 CFR 1910

Legal Deadline: None

Abstract: OSHA requests information and comments on a specific proposal 
submitted to OSHA to permit the use of a Supplier's Declaration of 
Conformity (SDoC) as part of, or as an alternative to, the Nationally 
Recognized Testing Laboratories (NRTLs) product approval process. NTRLs 
are third-party (i.e., independent) organizations, and many of OSHA's 
workplace standards require that certain types of equipment be approved 
(i.e., tested and certified) by an NRTL. Under SDoC, manufacturers 
self-approve their products.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Request for Information         11/15/05                    70 FR 69355
RFI Comment Period End          02/13/06
Review Comments                 10/00/06

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: None

Agency Contact: Ruth McCully, Director, Directorate of Science, 
Technology, and Medicine, Department of Labor, Occupational Safety and 
Health Administration, 200 Constitution Avenue NW., Room N3653, FP 
Building, Washington, DC 20210
Phone: 202 693-2300
Fax: 202 693-1644
Email: [email protected]

RIN: 1218-AC21
_______________________________________________________________________




1984.  REVISION AND UPDATE OF STANDARDS FOR POWER 
PRESSES

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

Unfunded Mandates: Undetermined

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

CFR Citation: 29 CFR 1910.217

Legal Deadline: None

Abstract: The Occupational Safety and Health Administration's (OSHA) 
mechanical power press standard, (29 CFR 1910.217), protects employees 
from injuries that result from working with or around mechanical power 
presses through the use of machine guards (prevents hands in danger 
zone) and through limitations on initiation of a press cycle (either 
two-hand or foot operated). A presence-sensing device (PSD), typically 
a light curtain, initiates a press cycle only when the system indicates 
that no objects, such as a hand, are within the hazard zone. OSHA 
adopted the use of presence-sensing device initiation(PSDI) on 
mechanical power presses believing that the provision would 
substantially protect workers and improve productivity. However, OSHA 
required ht PSDI systems be validated by an OSHA-certified third party, 
and no organization has agreed to validate PSDI installations. OSHA 
performed a look back review of PSDI and determined that the current 
ANSI standard permits PSDI without independent validation but includes 
other provisions to maintain PSDI safety.
Based on its completion of the look back review of PSDI (69 FR 31927), 
OSHA is planning to revise and update standard on power presses, which 
currently covers only mechanical power presses. OSHA will base the 
revision of the 2001 or later edition of the American National 
Standards Institute (ANSI) standard on Mechanical Power Presses, ANSI 
B11.1. Further, OSHA is considering expanding the standard to cover 
other presses such as hydraulic and pneumatic power presses and to 
include the latest guarding techniques. This revision will provide the 
first major update of the Mechanical Power Presses Standard since it 
was originally published in 1971.

[[Page 22932]]

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           09/00/06

Regulatory Flexibility Analysis Required: Undetermined

Small Entities Affected:  Businesses

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, Room 
3718, Washington, DC 20210
Phone: 202 693-1950
Fax: 202 693-1678
Email: [email protected]

RIN: 1218-AC22
_______________________________________________________________________


Department of Labor (DOL)                           Proposed Rule Stage


Occupational Safety and Health Administration (OSHA)



_______________________________________________________________________




1985. CONFINED SPACES IN CONSTRUCTION (PART 1926): PREVENTING 
SUFFOCATION/ EXPLOSIONS IN CONFINED SPACES

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 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                            10/00/06

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, 200 Constitution Avenue NW., FP Building, Washington, 
DC 20210
Phone: 202 693-2020
Fax: 202 693-1689

RIN: 1218-AB47
_______________________________________________________________________




1986. GENERAL WORKING CONDITIONS FOR SHIPYARD EMPLOYMENT

Priority: Substantive, Nonsignificant

Unfunded Mandates: Undetermined

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

CFR Citation: 29 CFR 1915 subpart F

Legal Deadline: None

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

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            10/00/06

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, Room 
3718, Washington, DC 20210
Phone: 202 693-1950
Fax: 202 693-1678
Email: [email protected]

RIN: 1218-AB50
_______________________________________________________________________




1987. ELECTRIC POWER TRANSMISSION AND DISTRIBUTION; ELECTRICAL 
PROTECTIVE EQUIPMENT

Priority: Economically Significant. Major under 5 USC 801.

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 has developed 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 also addresses fall 
protection in aerial lifts for power generation, transmission and 
distribution work. OSHA published an NPRM on June 15, 2005. A public 
hearing took place beginning on March 6, 2006.

[[Page 22933]]

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

SBREFA Report                   06/30/03
NPRM                            06/15/05                    70 FR 34821
NPRM Comment Period End         10/13/05
Comment Period Extended to 01/
11/2006                         10/12/05                    70 FR 59290
Public Hearing to be held 03/06/
2006                            10/12/05                    70 FR 59290
Post-Hearing Comment Period End 07/14/06

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, Room 
3718, Washington, DC 20210
Phone: 202 693-1950
Fax: 202 693-1678
Email: [email protected]

RIN: 1218-AB67
_______________________________________________________________________




1988. 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 2 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 30 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). The first final rule was 
published on September 13, 2005. Several additional sets of standards 
are in preparation.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            11/24/04                    69 FR 68706
Direct Final Rule               11/24/04                    69 FR 68712
NPRM Comment Period End         12/27/04                    69 FR 68706
Withdraw Direct Final Rule      02/18/05                     70 FR 8290
Direct Final Rule Effective Date02/22/05
Final Rule                      09/13/05                    70 FR 53925
Final Rule Effective            11/14/05
NPRM                            09/00/06
Direct Final Rule               09/00/06

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, Room 
3718, Washington, DC 20210
Phone: 202 693-1950
Fax: 202 693-1678
Email: [email protected]

RIN: 1218-AC08
_______________________________________________________________________




1989. 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.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            08/00/06

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, Room 
3718, Washington, DC 20210
Phone: 202 693-1950
Fax: 202 693-1678
Email: [email protected]

RIN: 1218-AC09

[[Page 22934]]

_______________________________________________________________________


Department of Labor (DOL)                              Final Rule Stage


Occupational Safety and Health Administration (OSHA)



_______________________________________________________________________




1990. 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                    07/00/06

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, Room 
3718, Washington, DC 20210
Phone: 202 693-1950
Fax: 202 693-1678
Email: [email protected]

RIN: 1218-AA05
_______________________________________________________________________




1991. LONGSHORING AND MARINE TERMINALS (PARTS 1917 AND 1918)--REOPENING 
OF THE RECORD (VERTICAL TANDEM LIFTS (VTLS))

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

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

CFR Citation: 29 CFR 1918.11; 29 CFR 1918.85

Legal Deadline: None

Abstract: OSHA issued a final rule on Longshoring on July 25, 1997 (62 
FR 40142). However, in that rule, the Agency reserved provisions 
related to vertical tandem lifts. Vertical tandem lifts (VTLs) involve 
the lifting of two or more empty intermodal containers, secured 
together with twist locks, at the same time. OSHA has continued to work 
with national and international organizations to gather additional 
information on the safety of VTLs. The Agency has published an NPRM to 
address safety issues related to VTLs. The extended comment period 
concluded 2/13/04, and an informal public hearing was held on 7/29-30/
04. The rulemaking record was open through 11/30/04. Subsequently, new 
information was submitted to the docket. The Administrative Law Judge 
gave hearing participants 45 days to review this information and 
comment on it. Comments were due June 27, 2005. The Agency is analyzing 
the

[[Page 22935]]

information and comments received to prepare the final action.

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                    11/00/06

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, Room 
3718, Washington, DC 20210
Phone: 202 693-1950
Fax: 202 693-1678
Email: [email protected]

RIN: 1218-AA56
_______________________________________________________________________




1992. 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                    09/00/06

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, Room 
3718, Washington, DC 20210
Phone: 202 693-1950
Fax: 202 693-1678
Email: [email protected]

RIN: 1218-AB77
_______________________________________________________________________




1993. REVISION AND UPDATE OF SUBPART S--ELECTRICAL STANDARDS

Priority: Other Significant

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 has 
evaluated public comment received in response to the NPRM, and a final 
action is being prepared.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            04/05/04                    69 FR 17773
NPRM Comment Period End         06/04/04
Final Action                    07/00/06

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, Room 
3718, Washington, DC 20210
Phone: 202 693-1950
Fax: 202 693-1678
Email: [email protected]

RIN: 1218-AB95
_______________________________________________________________________




1994. 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               06/00/06

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, Room 
3718, Washington, DC 20210

[[Page 22936]]

Phone: 202 693-1950
Fax: 202 693-1678
Email: [email protected]

RIN: 1218-AC16
_______________________________________________________________________




1995.  NEW YORK STATE PLAN--CERTIFICATION

Priority: Substantive, Nonsignificant

Legal Authority: 29 USC 667

CFR Citation: 29 CFR 1956

Legal Deadline: None

Abstract: OSHA will certify under section 18(c) of the OSH Act that the 
New York State occupational safety and health plan for public employees 
only, which is administered by the New York Department of Labor, Public 
Employee Safety and Health Program (PESH), has completed and submitted 
all the documentation (statutes, regulations, procedures, et al.) 
necessary for a structurally complete State Plan and that the 
components of its plan have been determined to be ``at least as 
effective'' as the Federal program.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Final Action                    07/00/06

Regulatory Flexibility Analysis Required: No

Government Levels Affected: Local, State

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

RIN: 1218-AC24
_______________________________________________________________________




1996.  PROCEDURES FOR HANDLING DISCRIMINATION 
COMPLAINTS UNDER FEDERAL EMPLOYEE PROTECTION STATUTES

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

Legal Authority: 42 USC 300j-9(i); 33 USC 1367; 15 USC 2622; 42 USC 
6971; 42 USC 7622; 42 USC 9610; 42 USC 5851; . . .

CFR Citation: 29 CFR 24

Legal Deadline: None

Abstract: Section 629, the employee protection provision of the Energy 
Policy Act of 2005 amended the Energy Reorganization Act of 1978, 42 
USC Sec. 5851. The amendments add Department of Energy and Nuclear 
Regulatory Commission employees to the employees covered under the Act, 
as are contractors and subcontractors of the Commission. In addition, 
Congress added a ``kick-out'' provision allowing the complainant to 
remove the complaint to District Court if the Secretary of Labor has 
not issued a final decision within a year of the filing of the 
complaint. These are significant changes to the ERA, necessitating 
immediate revision of the regulations, 29 C.F.R. Part 24, Procedures 
for the Handling of Discrimination Complaints under Federal Employee 
Protection Statutes, which governs whistleblower investigations under 
the Energy Reorganization Act of 1978 as well as under the six EPA 
statutes.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              05/00/06
Interim Final Rule Comment 
Period End                      06/00/06

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Nilgun Tolek, Director, Office of Investigative 
Assistance, Department of Labor, Occupational Safety and Health 
Administration, N3610, 200 Constitution Avenue NW., FPB, Washington, DC 
20210
Phone: 202 693-2531
Fax: 202 693-2369

RIN: 1218-AC25
_______________________________________________________________________


Department of Labor (DOL)                             Long-Term Actions


Occupational Safety and Health Administration (OSHA)



_______________________________________________________________________




1997. 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                            04/00/07

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, Room 
3718, Washington, DC 20210
Phone: 202 693-1950
Fax: 202 693-1678

[[Page 22937]]

Email: [email protected]

RIN: 1218-AB80
_______________________________________________________________________




1998. 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. Work continues on 
collecting and analyzing information to determine technological and 
economic feasibility of possible approaches.

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, Room 
3718, Washington, DC 20210
Phone: 202 693-1950
Fax: 202 693-1678
Email: [email protected]

RIN: 1218-AB89
_______________________________________________________________________




1999. 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. A request for information 
was published on May 3, 2005. Subsequently, the National Academy of 
Science released the latest version of a significant report on the 
biological effects of ionizing radiation. OSHA extended the comment 
period on the request for information to ensure commenters had the 
opportunity to consider this new report. The next step for the ionizing 
radiation project is to hold discussions with key stakeholders. OSHA 
plans to hold a series of meetings targeted to specific stakeholder 
groups including state organizations with responsibility for worker 
exposure to ionizing radiation, professional associations and specific 
industry groups such as dental, medical and veterinary professionals. 
OSHA believes that these targeted meetings will be detailed technical 
discussions that will inform the Agency on current practices, the use 
radiation devices and approaches to protecting employees from exposure 
to ionizing radiation.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Request for Information (RFI)   05/03/05                    70 FR 22828
Request for Information Comment 
Period End                      08/01/05                    70 FR 22828
Request for Information Comment 
Period Extended                 11/28/05                    70 FR 44074
Stakeholder Meetings            04/00/07

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, Room 
3718, Washington, DC 20210
Phone: 202 693-1950
Fax: 202 693-1678
Email: [email protected]

RIN: 1218-AC11

[[Page 22938]]

_______________________________________________________________________


Department of Labor (DOL)                             Completed Actions


Occupational Safety and Health Administration (OSHA)



_______________________________________________________________________




2000. 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.
Final, Judicial, February 28, 2006.

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. A post-hearing comment period, established by 
the Administrative Law Judge, closed on April 20, 2005. After a review 
of the record and consideration of all comments and data submitted in 
response to the proposal of October 4, 2004, OSHA published a final 
CrVI standard on February 28, 2006. The final CrVI standard sets a new 
permissible exposure limit of 5 ug/m3 as a TWA for all CrVI compounds 
and covers general industry, construction and shipyards.

Statement of Need: Approximately 558,000 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 rule is a determination 
that workers are exposed to a significant risk of lung cancer and 
dermatoses and that rulemaking was needed to substantially reduce the 
risk.

Alternatives: OSHA considered non-regulatory approaches, including the 
dissemination of guidance on its Web site. However, OSHA determined 
that rulemaking is a necessary step to ensure that workers are 
protected from the hazards of CrVI and the Agency was ordered by the 
U.S. Court of Appeals to move forward with a final rule.

Anticipated Cost and Benefits: OSHA estimated the cost of the final 
standard at $282 million per year. OSHA estimated the standard would 
prevent an average of 40 to 145 cases of cancer per year.

Risks: A detailed risk analysis is included in the final rule.

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                      02/28/06                    71 FR 10100
Final Action Effective          05/30/06

Regulatory Flexibility Analysis Required: Yes

Small Entities Affected: Businesses, Governmental Jurisdictions

Government Levels Affected: 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, Room 
3718, Washington, DC 20210
Phone: 202 693-1950
Fax: 202 693-1678
Email: [email protected]

RIN: 1218-AB45

[[Page 22939]]

_______________________________________________________________________




2001. SLIP RESISTANCE OF SKELETAL STRUCTURAL STEEL

Priority: Other Significant

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. On January 18, 2006, OSHA published a 
notice of a final rule revoking 1926.754(c)(3).

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            07/15/04                    69 FR 42379
NPRM Comment Period End         10/13/04
Final Rule                      01/18/06                     71 FR 2879
Final Rule Effective            01/18/06

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

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

RIN: 1218-AC14
_______________________________________________________________________




2002. ROLLOVER PROTECTIVE STRUCTURES; OVERHEAD PROTECTION

Priority: Substantive, Nonsignificant

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 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               12/29/05                    70 FR 76979
Direct Final Rule Effective     02/27/06                     71 FR 9909

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, Room 
3718, Washington, DC 20210
Phone: 202 693-1950
Fax: 202 693-1678
Email: [email protected]

RIN: 1218-AC15
_______________________________________________________________________


Department of Labor (DOL)                           Proposed Rule Stage


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



_______________________________________________________________________




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

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

Legal Authority: 38 USC 4212(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 3-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 9 
job categories for each hiring location. This proposal will assist VETS 
in

[[Page 22940]]

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

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            07/00/06

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-
1312, Washington, DC 20210
Phone: 202 693-4719
Fax: 202 693-4755
Email: [email protected]

RIN: 1293-AA12
_______________________________________________________________________


Department of Labor (DOL)                             Completed Actions


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



_______________________________________________________________________




2004. 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. 4301-4334, 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 employment 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 2006. In the past four years, the Department has 
experienced a tremendous increase in the number of inquiries about 
USERRA from employers and members of the Guard and Reserve. The high 
volume of requests for technical assistance indicates that there is a 
significant need for consistent and authoritative USERRA guidance. 
USERRA regulations will provide the Department's interpretations of the 
law and procedures for enforcing the law.

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

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

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            09/20/04                    69 FR 56266
NPRM Comment Period End         11/19/04
Final Action                    12/19/05                    70 FR 75246
Final Action Effective          01/18/06

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-
1312, Washington, DC 20210
Phone: 202 693-4719
Fax: 202 693-4755
Email: [email protected]

RIN: 1293-AA09
_______________________________________________________________________




2005. 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 (USERRA). 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

[[Page 22941]]

Interim Final Rule Comment 
Period End                      05/09/05
Final Action                    12/19/05                    70 FR 75313
Final Action Effective          01/18/06

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-
1312, Washington, DC 20210
Phone: 202 693-4719
Fax: 202 693-4755
Email: [email protected]

RIN: 1293-AA14
[FR Doc. 06-2471 Filed 04-21-06; 8:45 am]
BILLING CODE 4510-23-S
