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


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Part XIII





Department of Labor





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Semiannual Regulatory Agenda

[[Page 22828]]



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 2007 and April 2008, 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)

     Methylene Chloride (RIN 1218-AC23)

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.

                               Employment Standards Administration--Prerule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
1759        Child Labor Regulations, Orders, and Statements of Interpretation.....................    1215-AB44
----------------------------------------------------------------------------------------------------------------


                            Employment Standards Administration--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
1760        Amendments to the Fair Labor Standards Act............................................    1215-AB13
1761        Service Contract Act Health and Welfare Benefits......................................    1215-AB56
1762        Child Labor Regulations, Orders, and Statements of Interpretation.....................    1215-AB57
1763        Amendment to the Interpretive Guidelines Governing the Employee Protective Provisions     1215-AB58
            of the Federal Transit Act............................................................
1764        Government Contractors, Affirmative Action Requirements, Revision of the Employer         1215-AB59
            Information Report (EEO-1 Report).....................................................
----------------------------------------------------------------------------------------------------------------


[[Page 22829]]


                              Employment Standards Administration--Final Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
1765        Affirmative Action and Nondiscrimination Obligations of Contractors and Subcontractors    1215-AB46
            Regarding Disabled, Recently Separated, Other Protected, and Armed Forces Service
            Medal Veterans........................................................................
1766        Labor Organization Officer and Employee Reports.......................................    1215-AB49
----------------------------------------------------------------------------------------------------------------


                             Employment Standards Administration--Long-Term Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
1767        Labor Condition Applications and Requirements for Employers Using Nonimmigrants on H-     1215-AB09
            1B Visas in Specialty Occupations and as Fashion Models...............................
1768        Family and Medical Leave Act of 1993; Conform to the Supreme Court's Ragsdale Decision    1215-AB35
----------------------------------------------------------------------------------------------------------------


                             Employment Standards Administration--Completed Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
1769        Claims for Compensation Under the Energy Employees Occupational Illness Compensation      1215-AB51
            Program Act of 2000, as Amended.......................................................
1770        The Black Lung Benefits Act of 1969, as Amended.......................................    1215-AB60
----------------------------------------------------------------------------------------------------------------


                           Employment and Training Administration--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
1771        Disclosure of State Unemployment Compensation Wage Record Information.................    1205-AB45
1772        Senior Community Service Employment Program...........................................    1205-AB48
1773        Apprenticeship Programs, Labor Standards for Registration, Amendment of Regulations...    1205-AB50
1774        Federal-State Unemployment Compensation Program; Interstate Arrangement for Combining     1205-AB51
            Employment and Wages..................................................................
----------------------------------------------------------------------------------------------------------------


                            Employment and Training Administration--Final Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
1775        Post-Adjudication Audits of H-2B Petitions Other Than Logging in the United States....    1205-AB36
1776        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.............................................................................
1777        Labor Conditions Applications for E-3 Visas in Specialty Occupations for Australian       1205-AB43
            Nonimmigrants.........................................................................
1778        Senior Community Service Employment Program; Performance Accountability...............    1205-AB47
1779        Attestations by Facilities Temporarily Employing H-1C Nonimmigrant Aliens as              1205-AB52
            Registered Nurses; Final Rule.........................................................
----------------------------------------------------------------------------------------------------------------


                            Employment and Training Administration--Long-Term Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
1780        Revision to the Department of Labor Benefit Regulations for Trade Adjustment              1205-AB32
            Assistance for Workers Under the Trade Act of 1974, as Amended........................
1781        Alternative Trade Adjustment Assistance Benefits; Amendment of Regulations............    1205-AB40

[[Page 22830]]

 
1782        Revision of the Department of Labor Regulations for Petitions and Determinations of       1205-AB44
            Eligibility to Apply for Trade Adjustment Assistance for Workers......................
1783        Workforce Investment Act Amendments...................................................    1205-AB46
1784        YouthBuild Program....................................................................    1205-AB49
----------------------------------------------------------------------------------------------------------------


                            Employment and Training Administration--Completed Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
1785        Federal-State Unemployment Compensation Program; Eligibility..........................    1205-AB41
----------------------------------------------------------------------------------------------------------------


                         Employee Benefits Security Administration--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
1786        Amendment of Regulation Relating to Definition of Plan Assets--Participant                1210-AB02
            Contributions.........................................................................
1787        Amendment of Section 404(c) Regulation--Disclosure....................................    1210-AB07
1788        Amendment of Standards Applicable to General Statutory Exemption for Services.........    1210-AB08
1789        Prohibited Transaction Exemption for Provision of Investment Advice to Participants in    1210-AB13
            Individual Account Plans..............................................................
1790        Selection of Annuity Provider for Individual Account Plans............................    1210-AB19
1791        Periodic Pension Benefit Statements...................................................    1210-AB20
----------------------------------------------------------------------------------------------------------------


                           Employee Benefits Security Administration--Final Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
1792        Regulations Implementing the Health Care Access, Portability, and Renewability            1210-AA54
            Provisions of the Health Insurance Portability and Accountability Act of 1996.........
1793        Health Care Standards for Mothers and Newborns........................................    1210-AA63
1794        Revision of the Form 5500 Series and Implementing Regulations.........................    1210-AB06
1795        Section 404 Regulation--Default Investment Alternatives Under Participant Directed        1210-AB10
            Individual Account Plans..............................................................
1796        Proposed Revision of Annual Information Return/Reports................................    1210-AB14
1797        Time and Order of Issuance of Domestic Relations Orders...............................    1210-AB15
1798        Amendments to Safe Harbor for Distributions from Terminated Individual Account Plans      1210-AB16
            and Termination of Abandoned Individual Account Plans to Require Inherited IRAs for
            Missing Nonspouse Beneficiaries.......................................................
1799        Statutory Exemption for Cross-Trading of Securities...................................    1210-AB17
1800        Annual Funding Notice for Defined Benefit Plans.......................................    1210-AB18
1801        Multi Employer Plan Information Made Available on Request.............................    1210-AB21
1802        Amendment to Interpretive Bulletin 95-1...............................................    1210-AB22
----------------------------------------------------------------------------------------------------------------


                          Employee Benefits Security Administration--Long-Term Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
1803        Adequate Consideration................................................................    1210-AA15
1804        Independence of Accountant............................................................    1210-AB09
1805        Plan Assets-Participant Contributions Regulation (Section 610 Review).................    1210-AB11
----------------------------------------------------------------------------------------------------------------


[[Page 22831]]


                          Employee Benefits Security Administration--Completed Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
1806        Prohibiting Discrimination Against Participants and Beneficiaries Based on Health         1210-AA77
            Status................................................................................
1807        Prohibited Transaction Exemption for Provision of Investment Advice to Individual         1210-AB12
            Retirement and Similar Plans..........................................................
----------------------------------------------------------------------------------------------------------------


                           Mine Safety and Health Administration--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
1808        Fire Extinguishers in Underground Coal Mines..........................................    1219-AB40
1809        Sealing of Abandoned Areas............................................................    1219-AB52
1810        Mine Rescue Teams.....................................................................    1219-AB53
1811        Diesel Particulate Matter: Conversion Factor from Total Carbon to Elemental Carbon....    1219-AB55
----------------------------------------------------------------------------------------------------------------


                             Mine Safety and Health Administration--Final Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
1812        High-Voltage Continuous Mining Machine Standard for Underground Coal Mines............    1219-AB34
----------------------------------------------------------------------------------------------------------------


                            Mine Safety and Health Administration--Long-Term Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
1813        Verification of Underground Coal Mine Operators' Dust Control Plans and Compliance        1219-AB14
            Sampling for Respirable Dust..........................................................
1814        Determination of Concentration of Respirable Coal Mine Dust...........................    1219-AB18
1815        Asbestos Exposure Limit...............................................................    1219-AB24
1816        Respirable Crystalline Silica Standard................................................    1219-AB36
1817        Revising Electrical Product Approval Regulations......................................    1219-AB37
1818        Field Modifications of Permissible Mobile Diesel-Powered Equipment....................    1219-AB39
1819        Use of or Impairment From Alcohol and Other Drugs on Mine Property....................    1219-AB41
1820        Equivalency Evaluation of the U.S. Environmental Protection Agency's Nonroad Diesel       1219-AB43
            Engine Standards......................................................................
1821        Continuous Personal Dust Monitors.....................................................    1219-AB48
----------------------------------------------------------------------------------------------------------------


                            Mine Safety and Health Administration--Completed Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
1822        Emergency Mine Evacuation.............................................................    1219-AB46
1823        Criteria and Procedures for Proposed Assessment of Civil Penalties....................    1219-AB51
----------------------------------------------------------------------------------------------------------------


                          Occupational Safety and Health Administration--Prerule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
1824        Occupational Exposure to Crystalline Silica...........................................    1218-AB70
1825        Occupational Exposure to Beryllium....................................................    1218-AB76
1826        Ionizing Radiation....................................................................    1218-AC11
1827        Emergency Response and Preparedness...................................................    1218-AC17
1828        Lead in Construction (Section 610 Review).............................................    1218-AC18

[[Page 22832]]

 
1829        Revision and Update of Standards for Power Presses....................................    1218-AC22
1830        Methylene Chloride (Section 610 Review)...............................................    1218-AC23
----------------------------------------------------------------------------------------------------------------


                       Occupational Safety and Health Administration--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
1831        Confined Spaces in Construction (Part 1926): Preventing Suffocation/Explosions in         1218-AB47
            Confined Spaces.......................................................................
1832        General Working Conditions for Shipyard Employment....................................    1218-AB50
1833        Cranes and Derricks...................................................................    1218-AC01
1834        Updating OSHA Standards Based on National Consensus Standards.........................    1218-AC08
1835        Explosives............................................................................    1218-AC09
1836        Standards Improvement.................................................................    1218-AC19
1837        Hazard Communication..................................................................    1218-AC20
1838        Nationally Recognized Testing Laboratories Fee Schedule - Revised Approach............    1218-AC27
----------------------------------------------------------------------------------------------------------------


                         Occupational Safety and Health Administration--Final Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
1839        Longshoring and Marine Terminals (Parts 1917 and 1918)--Reopening of the Record           1218-AA56
            (Vertical Tandem Lifts (VTLs))........................................................
1840        Electric Power Transmission and Distribution; Electrical Protective Equipment.........    1218-AB67
1841        Employer Payment for Personal Protective Equipment....................................    1218-AB77
1842        Procedures for Handling Discrimination Complaints Under Federal Employee Protection       1218-AC25
            Statutes..............................................................................
----------------------------------------------------------------------------------------------------------------


                        Occupational Safety and Health Administration--Long-Term Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
1843        Walking Working Surfaces and Personal Fall Protection Systems (1910) (Slips, Trips,       1218-AB80
            and Fall Prevention)..................................................................
1844        Hearing Conservation Program for Construction Workers.................................    1218-AB89
----------------------------------------------------------------------------------------------------------------


                        Occupational Safety and Health Administration--Completed Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
1845        Revision and Update of Subpart S--Electrical Standards................................    1218-AB95
1846        Excavations (Section 610 Review)......................................................    1218-AC02
1847        NFPA Standards in Shipyard Fire Protection............................................    1218-AC16
1848        Notice on Supplier's Declaration of Conformity (SDoC).................................    1218-AC21
----------------------------------------------------------------------------------------------------------------


            Office of the Assistant Secretary for Veterans' Employment and Training--Final Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
1849        Jobs for Veterans Act of 2002: Contract Threshold and Eligibility Groups for Federal      1293-AA12
            Contractor Program....................................................................
----------------------------------------------------------------------------------------------------------------


[[Page 22833]]

_______________________________________________________________________


Department of Labor (DOL)                                 Prerule Stage


Employment Standards Administration (ESA)



_______________________________________________________________________




1759. CHILD LABOR REGULATIONS, ORDERS, AND STATEMENTS OF INTERPRETATION

Priority: Other Significant

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                           04/00/07

Regulatory Flexibility Analysis Required: Undetermined

Small Entities Affected:  Businesses, Governmental Jurisdictions

Government Levels Affected: Local, State

URL For Public Comments:
www.regulations.gov

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

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


Department of Labor (DOL)                           Proposed Rule Stage


Employment Standards Administration (ESA)



_______________________________________________________________________




1760. 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 to 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 (December 
9, 1999), 113 stat. 1731, and Public Law 106-202 (May 18, 2000), 114 
stat. 308.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            06/00/07

Regulatory Flexibility Analysis Required: No

Government Levels Affected: Federal, Local, State

URL For Public Comments:
www.regulations.gov

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

RIN: 1215-AB13
_______________________________________________________________________




1761. SERVICE CONTRACT ACT HEALTH AND WELFARE BENEFITS

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

Unfunded Mandates: Undetermined

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

CFR Citation: 29 CFR 4

Legal Deadline: None

Abstract: The Department of Labor will seek public input on methods for 
federal service contractors to meet the health and welfare fringe 
benefit component required under prevailing wage determinations issued 
pursuant to the McNamara-O'Hara Service Contract Act.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            08/00/07

Regulatory Flexibility Analysis Required: Undetermined

Small Entities Affected:  Businesses

Government Levels Affected: Federal

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

RIN: 1215-AB56

[[Page 22834]]

_______________________________________________________________________




1762. CHILD LABOR REGULATIONS, ORDERS, AND STATEMENTS OF INTERPRETATION

Priority: Other Significant

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                            04/00/07

Regulatory Flexibility Analysis Required: Undetermined

Small Entities Affected:  Businesses, Governmental Jurisdictions

Government Levels Affected: Local, State

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

RIN: 1215-AB57
_______________________________________________________________________




1763. AMENDMENT TO THE INTERPRETIVE GUIDELINES GOVERNING THE EMPLOYEE 
PROTECTIVE PROVISIONS OF THE FEDERAL TRANSIT ACT

Priority: Substantive, Nonsignificant

Legal Authority: PL 109-59; 119 Stat 1144; 49 USC 5333(b)

CFR Citation: 29 CFR 215

Legal Deadline: None

Abstract: Pursuant to Section 5333(b) of the Federal Transit law, the 
Department of Labor (Department) must certify, as a condition of 
certain grants of Federal financial assistance, fair and equitable 
labor protective provisions to protect the interests of employees 
affected by such Federal assistance. The Department administers this 
program through guidelines set forth at 29 CFR part 215. The 
Department's proposed changes conform the guidelines to recently 
enacted Federal legislation, in particular, sections 3013(h) and 3031 
of the Safe, Accountable, Flexible, and Efficient Transportation Equity 
Act -- A Legacy for Users (Pub. L. No. 109-59, 119 Stat. 1144 (2005)) 
(SAFETEA-LU). In addition to changes mandated by statute, the 
Department also proposes revisions to the guidelines that will enhance 
the speed and efficiency of the Department's processing of grant 
certifications. The proposed revisions to existing procedures for 
processing grant application under Federal transit law will ensure 
timely certification in a predictable manner, and will remain 
consistent with the transit law's statutory objectives.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            07/00/07

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Ann Comer, Chief, Division of Statutory Programs, 
Department of Labor, Employment Standards Administration, Room N5112, 
200 Constitution Avenue NW., Washington, DC 20210
Phone: 202 693-1193
Email: [email protected]

RIN: 1215-AB58
_______________________________________________________________________




1764. GOVERNMENT CONTRACTORS, AFFIRMATIVE ACTION REQUIREMENTS, REVISION 
OF THE EMPLOYER INFORMATION REPORT (EEO-1 REPORT)

Priority: Other Significant

Legal Authority: EO 11246, as amended

CFR Citation: 41 CFR 60-2; 41 CFR 60-4; 41 CFR 60-50

Legal Deadline: None

Abstract: This proposed rule would amend certain sections of the Office 
of Federal Contract Compliance Programs (OFCCP) regulations to 
correspond to the new Employer Information Report (EEO-1 Report), as 
published in the Federal Register on November 28, 2005 (70 FR 71294) 
(EEO-1 Notice). The new EEO-1 Report contains revised racial and ethnic 
categories and job categories.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            06/00/07

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

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

RIN: 1215-AB59

[[Page 22835]]

_______________________________________________________________________


Department of Labor (DOL)                              Final Rule Stage


Employment Standards Administration (ESA)



_______________________________________________________________________




1765. AFFIRMATIVE ACTION AND NONDISCRIMINATION OBLIGATIONS OF 
CONTRACTORS AND SUBCONTRACTORS REGARDING DISABLED, RECENTLY SEPARATED, 
OTHER PROTECTED, AND ARMED FORCES SERVICE MEDAL VETERANS

Priority: Other Significant

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

CFR Citation: 41 CFR 60 to 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 
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 to 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                    06/00/07

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: None

Agency Contact: Lynn Clements, Acting Director, Division of Policy, 
Planning and Program Development, OFCCP, Department of Labor, 
Employment Standards Administration, 200 Constitution Avenue NW., FP 
Building, Room N3422, 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
_______________________________________________________________________




1766. LABOR ORGANIZATION OFFICER AND EMPLOYEE REPORTS

Priority: Other Significant

Legal Authority: 29 USC 432 ; 29 USC 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                    06/00/07

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-5609, Washington, DC 20210
Phone: 202 693-1233
TDD Phone: 800 877-8399
Fax: 202 693-1340
Email: [email protected]

RIN: 1215-AB49
_______________________________________________________________________


Department of Labor (DOL)                             Long-Term Actions


Employment Standards Administration (ESA)



_______________________________________________________________________




1767. 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; October 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.

[[Page 22836]]

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; October 17, 2000), the Immigration and Nationality 
Act--Amendments (Pub. L. 106-311; October 17, 2000), and section 401 of 
the Visa Waiver Permanent Program Act (Pub. L. 106-396; October 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 (December 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 5-year period prior to filing the H-1B Labor Condition 
Application.

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

RIN: 1215-AB09
_______________________________________________________________________




1768. 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 
request information on the FMLA regulations.

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

The FMLA regulations require employers to designate if an employee's 
use of leave is counting against the employee's FMLA leave entitlement, 
and to notify the employee of that designation (29 CFR 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 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. The Department is requesting 
information 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. 2654.

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

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

RFI                             12/01/06                    71 FR 69504
RFI Comment Period End          02/16/07                     72 FR 3775


Next Action Undetermined

Regulatory Flexibility Analysis Required: Undetermined

Small Entities Affected:  Businesses, Governmental Jurisdictions, 
Organizations

Government Levels Affected: Undetermined

Federalism:  Undetermined

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

RIN: 1215-AB35

[[Page 22837]]

_______________________________________________________________________


Department of Labor (DOL)                             Completed Actions


Employment Standards Administration (ESA)



_______________________________________________________________________




1769. 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 E.O. 13179. Part B 
of the EEOICPA provides for the payment of lump-sum compensation and 
medical benefits to Department of Energy employees and certain of its 
contractors and subcontractors (or their survivors) who sustained an 
occupational illness due to exposure to radiation, beryllium or silica. 
Part B also provides for medical benefits and a supplemental lump-sum 
payment to awardees under section 5 of the Radiation Exposure 
Compensation Act (RECA), 42 U.S.C. 2210 (note).
On October 28, 2004, the President signed legislation repealing former 
part D of the EEOICPA that had been administered by the Secretary of 
Energy and creating a new Part E, which provides for the payment of 
additional monetary compensation (based on permanent impairment and/or 
wage loss) and medical benefits for DOE contractor employees (or their 
survivors) and uranium miners, millers and ore transporters covered by 
section 5 of the RECA (or their survivors) who sustained a covered 
illness due to exposure to a toxic substance while working at a DOE 
facility, or a uranium mine or mill covered under section 5 of RECA. 
Responsibility for administration of part E of the EEOICPA was assigned 
to the Secretary of Labor.

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                    12/29/06                    71 FR 78520
Final Action Effective          02/17/07

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
_______________________________________________________________________




1770. [bull] THE BLACK LUNG BENEFITS ACT OF 1969, AS AMENDED

Priority: Substantive, Nonsignificant

Legal Authority: 33 USC 901 et seq; 5 USC 533 (d)(3)

CFR Citation: 20 CFR 725.477(b)

Legal Deadline: None

Abstract: The final rule eliminates the requirement that the Office of 
Administrative Law judges include the claimant's name in decisions and 
orders. This allows the Department to limit the amount of personal 
information about the claimant's medical and financial history that is 
included in published decisions.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Final Action                    01/30/07                     72 FR 4204
Final Action Effective          01/30/07

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Agency Contact: James L. DeMarce, Director, Division of Coal Mine 
Workers' Compensation, Department of Labor, Employment Standards 
Administration, 200 Constitution Avenue NW., Room C3520, FP Building, 
Washington, DC 20210
Phone: 202 693-0046
Fax: 202 693-7395
Email: [email protected]

RIN: 1215-AB60
_______________________________________________________________________


Department of Labor (DOL)                           Proposed Rule Stage


Employment and Training Administration (ETA)



_______________________________________________________________________




1771. DISCLOSURE OF STATE UNEMPLOYMENT COMPENSATION WAGE RECORD 
INFORMATION

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

Legal Authority: 42 USC 1302(a); Secretary Order No. 3-2007 (72 FR 
15907)

CFR Citation: 29 CFR 603, subpart D

Legal Deadline: None

Abstract: The Employment and Training Administration of the Department 
of Labor (Department) proposes a Notice of Proposed Rulemaking (NPRM) 
to amend 20 CFR part 603 to implement section 303(a)(6) of the Social 
Security Act (SSA). That section of the SSA requires that a state's UC 
law provide for the ``making of such reports, in such form and 
containing such information, as the Secretary of Labor may from time to 
time require.'' The NPRM would interpret this language to determine its 
scope.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            12/00/07

Regulatory Flexibility Analysis Required: No

Government Levels Affected: State

Federalism:  Undetermined

Agency Contact: Gerard Hildebrand, Chief, Division of Legislation, 
Department of Labor, Employment and Training Administration, Office of 
Workforce Security, 200 Constitution

[[Page 22838]]

Avenue NW., Room C-4518, Washington, DC 20210
Phone: 202 693-3038
Email: [email protected]

RIN: 1205-AB45
_______________________________________________________________________




1772. [bull] SENIOR COMMUNITY SERVICE EMPLOYMENT PROGRAM

Priority: Other Significant

Legal Authority: 42 USC 3056 et seq

CFR Citation: 20 CFR 641

Legal Deadline: None

Abstract: The Older Americans Act Amendments of 2006, Public Law 109-
365, enacted on October 17, 2006, contains provisions amending Title V 
of that Act, which authorizes the Senior Community Service Employment 
program (SCSEP). The amendments, effective July 1, 2007, make 
substantial changes to the current SCSEP provisions in the Older 
Americans Act, including new requirements relating to performance 
accountability, income eligibility for program participation, 
competition of national grants and services to participants.
This proposed NPRM consists of 8 subparts: subpart A--Definitions; 
Subpart B--Coordination with the Workforce Investment Act; subpart C--
the State Plan; subpart D--Grant Application, Eligibility, and Award 
Requirements; Subpart E--Services to Participants; subpart F--Pilots, 
Demonstration and Evaluation Projects, subpart H--Administrative 
Requirements; and subpart I--Grievance Procedures and Appeals Process. 
The performance accountability requirements (subpart G) will be 
implemented through a separate Interim Final Rule (IFR).

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            10/00/07
NPRM Comment Period End         12/00/07

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: Federal, State, Tribal

Agency Contact: Gay Gilbert, Chief, Division of Employment Service and 
ALMIS, Department of Labor, Employment and Training Administration, 200 
Constitution Avenue NW., FP Building, Room S4231, Washington, DC 20210
Phone: 202 693-3428
Email: [email protected]

Related RIN: Related to 1205-AB47
RIN: 1205-AB48
_______________________________________________________________________




1773. [bull] APPRENTICESHIP PROGRAMS, LABOR STANDARDS FOR REGISTRATION, 
AMENDMENT OF REGULATIONS

Priority: Other Significant

Legal Authority: 50 Stat. 664, as amended (29 USC 50; 40 USC 3145; 5 
USC 301)

CFR Citation: 29 CFR 29 (Revision)

Legal Deadline: None

Abstract: Regulations that implement the National Apprenticeship Act at 
title 29 Code of Federal Regulations (CFR) part 29 have not been 
updated since first promulgated in 1977. The Department of Labor (DOL) 
proposes to update 29 CFR part 29 to ensure that the National 
Registered Apprenticeship System has the necessary tools and 
flexibility to keep pace with changes in the economy, technological 
advances, and corresponding workforce challenges. The proposed rule 
addresses those changes by both making the procedures for 
apprenticeship program registration more flexible and strengthening 
oversight of program performance, including DOL's recognition of a 
State Apprenticeship Agency (SAA) as the appropriate agency for 
registering local apprenticeship programs for Federal purposes, and 
DOL's de-recognition of a SAA. The proposed rule also updates part 29 
to incorporate gender neutral terms and technological advances in the 
delivery of related technical instruction. Such revisions will enable 
DOL to promote apprenticeship opportunity in the 21st century while 
continuing to safeguard the welfare of apprentices.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            08/00/07

Regulatory Flexibility Analysis Required: No

Government Levels Affected: State, Tribal

Agency Contact: Anthony Swoope, Office of Apprenticeship, Department of 
Labor, Employment and Training Administration, 200 Constitution Avenue 
NW., FP Building, Washington, DC 20210
Phone: 202 693-2806
Email: [email protected]

RIN: 1205-AB50
_______________________________________________________________________




1774. [bull] FEDERAL-STATE UNEMPLOYMENT COMPENSATION PROGRAM; INTERSTATE 
ARRANGEMENT FOR COMBINING EMPLOYMENT AND WAGES

Priority: Other Significant

Legal Authority: 26 USC 3304(a)(9)(B); Secretary's Order No. 3-2007, 72 
FR 15907, April 3, 2007

CFR Citation: 20 CFR 616 (Revision)

Legal Deadline: None

Abstract: Section 3304(a)(9)(B) of the Federal Unemployment Tax Act 
requires States to participate in any arrangement specified by the 
Secretary of Labor for payment of unemployment compensation on the 
basis of combining an individual's employment and wages in two or more 
states. Current regulations implementing this arrangement allow 
individuals who have worked in more than one State to establish a 
combined-wage claim (CWC) in the State in which they are physically 
located, regardless of whether or not they have covered wages in that 
State. The Employment and Training Administration proposes amending 
current regulations to provide that individuals can only establish CWC 
claims in a State in which they have worked.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            08/00/07

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: State

Federalism:  Undetermined

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

RIN: 1205-AB51

[[Page 22839]]

_______________________________________________________________________


Department of Labor (DOL)                              Final Rule Stage


Employment and Training Administration (ETA)



_______________________________________________________________________




1775. 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                    03/00/08

Regulatory Flexibility Analysis Required: No

Government Levels Affected: State

Agency Contact: Dr William Carlson, Administrator, Office of Foreign 
Labor Certification, Department of Labor, Employment and Training 
Administration, FP Building, Room C-4312, 200 Constitution Avenue NW., 
Washington, DC 20210
Phone: 202 693-3010
Email: [email protected]

RIN: 1205-AB36
_______________________________________________________________________




1776. 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 proposed 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 proposed eliminating the current practice of 
allowing the substitution of alien beneficiaries on applications and 
approved labor certifications. DOL proposed 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 rulemaking will expressly prohibit the sale, barter, or 
purchase of permanent labor certifications or applications, as well as 
related payments. The proposed rule also addresses enforcement 
mechanisms to protect program integrity, including debarment with 
appeal rights. These 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).

Statement of Need: The Immigration and Nationality Act of 1952, as 
amended, established the permanent labor certification (PERM) program. 
Through this program, an employer submits a petition to the Department 
of Homeland Security (DHS) requesting a visa to admit a certain 
immigrant alien to work permanently in the United States. This petition 
process requires the Secretary of the Department of Labor (DOL) to 
certify specific information to the Secretary of Homeland Security and 
the Secretary of State before DHS may approve the employer's petition 
request and the Department of State (DOS) may issue a visa to admit 
such alien.

Specifically, DOL must certify that there is not a U.S. worker able, 
available, willing and qualified at the time of an application for a 
visa, and that the employment of the alien will not adversely affect 
the wages and working conditions of similarly employed U.S. workers. If 
DOL determines that there is no able, available, willing and qualified 
U.S. worker and employment of the immigrant alien will not adversely 
affect the wages and working conditions of similarly employed U.S. 
workers, then a permanent labor certification is granted. If DOL cannot 
make both of the above findings, then the application is denied.
This proposed regulation is intended to enhance program integrity and 
reduce the incentives and opportunities for fraud and abuse. First, the 
regulation would eliminate the current practice of allowing 
substitution of alien beneficiaries on the certification applications. 
Second, the regulation would implement a 45-day period for employers to 
file approved certifications with DHS. Third, the regulation would 
expressly prohibit the sale, barter, or purchase of PERM applications 
and certifications and other related payments. Finally, the regulation 
would highlight existing law regarding fraudulent activity or 
falsifying information and corresponding sanctions for such findings.

Summary of Legal Basis: This regulation is authorized by 8 USC 
1182(a)(5)(A); INA section 212(a)(5)(A).

Alternatives: The public was afforded an opportunity to provide 
comments on

[[Page 22840]]

the Fraud and Abuse rule implementation when the Department published 
the proposed rule in the Federal Register (71 FR 7656).

Anticipated Cost and Benefits: The Department believes any potential 
increase in applications filed as a result of either employers 
withdrawing and then filing a corrected application or employers 
allowing a certification to expire and then filing a new application or 
recruitment costs associated with this rule would be more than offset 
by an anticipated reduction in average processing time because the 
Department will not expend resources to process as many fraudulent 
applications. Aliens will save money if they are not forced to pay 
employer expenses nor provide kickbacks to certain agents and 
employers. Any cost savings realized, however, will not be greater than 
$100 million.

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

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            02/13/06                     71 FR 7656
NPRM Comment Period End         04/14/06
Final Action                    04/00/07

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Agency Contact: Dr William Carlson, Administrator, Office of Foreign 
Labor Certification, Department of Labor, Employment and Training 
Administration, FP Building, Room C-4312, 200 Constitution Avenue NW., 
Washington, DC 20210
Phone: 202 693-3010
Email: [email protected]

RIN: 1205-AB42
_______________________________________________________________________




1777. LABOR CONDITIONS APPLICATIONS FOR E-3 VISAS IN SPECIALTY 
OCCUPATIONS FOR AUSTRALIAN NONIMMIGRANTS

Priority: Other Significant

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 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

________________________________________________________________________

NPRM                            01/12/07                     72 FR 1650
NPRM Comment Period End         02/12/07
Final Action                    12/00/07

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Agency Contact: Dr William Carlson, Administrator, Office of Foreign 
Labor Certification, Department of Labor, Employment and Training 
Administration, FP Building, Room C-4312, 200 Constitution Avenue NW., 
Washington, DC 20210
Phone: 202 693-3010
Email: [email protected]

RIN: 1205-AB43
_______________________________________________________________________




1778. [bull] SENIOR COMMUNITY SERVICE EMPLOYMENT PROGRAM; PERFORMANCE 
ACCOUNTABILITY

Priority: Other Significant

Legal Authority: 42 USC 3056 et seq

CFR Citation: 20 CFR 641

Legal Deadline: Other, Statutory, June 30, 2007, Interim Final Rule.

Abstract: The Older Americans Act Amendments of 2006, Public Law 109-
365, enacted on October 17, 2006, contains provisions amending title V 
of that Act, that authorizes the Senior Community Service Employment 
Program (SCSEP). The amendments, effective July 1, 2007, make 
substantial changes to the current SCSEP provisions in the Older 
Americans Act relating to performance accountability.
Section 513 of title V requires that the Agency establish and implement 
new measures of performance by July 1, 2007. Section 513(b) requires 
that the Secretary issue definitions of indicators of performance 
through regulation after consultation with stakeholders. Therefore, 
this Interim Final Rule is intended to implement changes to the SCSEP 
program performance accountability regulations found at 20 CFR 641 in 
subpart G. Changes to other subparts of part 641 will be implemented 
through a separate Notice of Proposed Rulemaking.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              06/00/07

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: Federal, State, Tribal

Agency Contact: Gay Gilbert, Chief, Division of Employment Service and 
ALMIS, Department of Labor, Employment and Training Administration, 200 
Constitution Avenue NW., FP Building, Room S4231, Washington, DC 20210
Phone: 202 693-3428
Email: [email protected]

Related RIN: Related to 1205-AB48
RIN: 1205-AB47
_______________________________________________________________________




1779. [bull] ATTESTATIONS BY FACILITIES TEMPORARILY EMPLOYING H-1C 
NONIMMIGRANT ALIENS AS REGISTERED NURSES; FINAL RULE

Priority: Other Significant

Legal Authority: PL 109-423

CFR Citation: 22 CFR 655

Legal Deadline: None

Abstract: This Final Rule reflects the extension of the H-1C visa 
program, which was extended by Public Law 109-423--Reauthorization of 
H-1C Program under the Nursing Relief for Disadvantaged Areas Act of 
2005. In 2000, 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 4-year period beginning on the date that interim or final 
regulations were promulgated. Under this Act, the Department published 
an interim rule, on August 22, 2000 (65 FR 51137), which was open for 
public comment through September 20, 2004. On April 24, 2006,

[[Page 22841]]

the Department determined that continued rulemaking was neither 
necessary nor appropriate at that time, because health care facilities 
could not sponsor new H-1C visas and no new H-1C visas could be issued. 
Therefore, the Department discontinued this rulemaking (71 FR 22912). 
However, given the new statutory authorization for the program, the 
Department has determined it is appropriate to finalize the rule.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Final Action                    09/00/07

Regulatory Flexibility Analysis Required: No

Small Entities Affected: Businesses

Government Levels Affected: Federal, State

Federalism:  Undetermined

Agency Contact: Dr William Carlson, Administrator, Office of Foreign 
Labor Certification, Department of Labor, Employment and Training 
Administration, FP Building, Room C-4312, 200 Constitution Avenue NW., 
Washington, DC 20210
Phone: 202 693-3010
Email: [email protected]

RIN: 1205-AB52
_______________________________________________________________________


Department of Labor (DOL)                             Long-Term Actions


Employment and Training Administration (ETA)



_______________________________________________________________________




1780. 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. 3-2007, 72 FR 15907

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 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 three parts. This rulemaking covers the 
general provisions (most of subpart A) and TAA benefits portions 
(subpart C through subpart H) of the regulations. Separate rulemakings 
will cover the two remaining subparts and reserved definitions in 
subpart A. One rulemaking, subpart I, will cover benefits under the 
alternative Trade Adjustment Assistance program. The other rulemaking, 
subpart B, will cover the petitions and certification process.

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 was afforded an opportunity to provide 
comments on the TAA program changes when the Department published the 
proposed rule in the Federal Register.

Anticipated Cost and Benefits: Preliminary estimates of the anticipated 
costs of this regulatory action have not

[[Page 22842]]

been determined at this time and will be determined at a later date.

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

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            08/25/06                    71 FR 50760
NPRM Comment Period End         10/24/06
Final Action                     To Be                       Determined

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: Federal, State

Agency Contact: Erica Cantor, Administrator, Office of National 
Response, Department of Labor, Employment and Training Administration, 
200 Constitution Avenue NW., Room N5422, Washington, DC 20210
Phone: 202 693-2757
Email: [email protected]

Related RIN: Related to 1205-AB40, Related to 1205-AB44
RIN: 1205-AB32
_______________________________________________________________________




1781. ALTERNATIVE TRADE ADJUSTMENT ASSISTANCE BENEFITS; AMENDMENT OF 
REGULATIONS

Priority: Other Significant

Legal Authority: 19 USC 2320; Secretary's Order No. 3-2007, 72 FR 15907

CFR Citation: 29 CFR 90; 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, generally 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. They also create the Alternative Trade 
Adjustment Assistance (ATAA) program for older workers, which was 
effective no later than one year after the enactment of the amendments 
on August 6, 2002.
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 655 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 was originally divided into two parts: the first covering 
TAA benefits (subpart A and subparts C through H); and the second 
covering petitions and certifications (subpart B and certain 
definitions in subpart A) and ATAA (subpart I). To expedite the 
publication of guidance on ATAA, this second NPRM was divided, and ATAA 
is proceeding under this original RIN 1205-AB40.
This rulemaking covers the issuance of ATAA benefits for older workers 
(subpart I). Separate rulemakings cover benefits (subpart A and 
subparts C through H) and petitions and determinations (subpart B and 
certain 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 makes 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 52 weeks 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 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 was afforded an opportunity to provide 
comments on the ATAA program changes when the Department published 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                            10/18/06                    71 FR 61618
NPRM Comment Period End         12/18/06
Final Action                     To Be                       Determined

[[Page 22843]]

Regulatory Flexibility Analysis Required: No

Government Levels Affected: Federal, State

Agency Contact: Erica Cantor, Administrator, Office of National 
Response, Department of Labor, Employment and Training Administration, 
200 Constitution Avenue NW., Room N5422, Washington, DC 20210
Phone: 202 693-2757
Email: [email protected]

Related RIN: Related to 1205-AB32, Related to 1205-AB44
RIN: 1205-AB40
_______________________________________________________________________




1782. REVISION OF THE DEPARTMENT OF LABOR REGULATIONS FOR PETITIONS AND 
DETERMINATIONS OF ELIGIBILITY TO APPLY FOR TRADE ADJUSTMENT ASSISTANCE 
FOR WORKERS

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

Legal Authority: 19 USC 2320; Secretary's Order 3-2007, 72 FR 15907

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, generally 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. They also create the Alternative Trade 
Adjustment Assistance (ATAA) program for older workers, which was 
effective no later than one year after the enactment of the amendments 
on August 6, 2002.
It is the Department'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 655 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 Allowance (TRA); 
subpart H--Administration by Applicable State Agencies; subpart I--
Alternative Trade Adjustment Assistance (ATAA) for Older Workers.
Because of the complexity of the subject matter and to expedite the 
rulemaking because of the States' needs for definitive instructions on 
providing TAA benefits, the rulemaking for part 618 was originally 
divided into two parts: the first covering TAA benefits (subpart A and 
subparts C through H); and the second covering petitions and 
certifications (subpart B and certain definitions in subpart A) and 
ATAA (subpart I). To expedite the publication of guidance on ATAA, this 
second NPRM was divided, and ATAA proceeded under its original RIN 
1205-AB40.
This proposed rulemaking covers petitions and determinations (subpart B 
and certain definitions in subpart A of the regulations). Separate 
notices of proposed rulemaking covered remaining (subpart A and 
subparts C through H) and the issuance of ATAA benefits for older 
workers (subpart I).

Statement of Need: The Trade Adjustment Assistance Reform Act of 2002, 
enacted August 6, 2002, repeals the North American Free Trade 
Agreement--Transitional Adjustment Assistance provisions for workers 
affected by the NAFTA Implementation Act and adds significant 
amendments to worker benefits under Trade Adjustment Assistance for 
Workers, provided for 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 52 weeks under 
certain conditions. Waivers of training requirements in order to 
receive income support are explicitly defined. Job search and 
relocation benefits 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 relocation allowances, and income support.
The Department was required 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. In light of changes in the 
petition process made by the Reform Act, as well as the need to clearly 
spell out that process for the public and the courts, it is imperative 
that the regulations be in an easy to read and understandable format.

Summary of Legal Basis: The regulation is authorized by 19 USC 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                             To Be                       Determined

Regulatory Flexibility Analysis Required: No

Government Levels Affected: Federal

Federalism:  Undetermined

Agency Contact: Erica Cantor, Administrator, Office of National

[[Page 22844]]

Response, Department of Labor, Employment and Training Administration, 
200 Constitution Avenue NW., Room N5422, Washington, DC 20210
Phone: 202 693-2757
Email: [email protected]

Related RIN: Related to 1205-AB32, Related to 1205-AB40
RIN: 1205-AB44
_______________________________________________________________________




1783. [bull] WORKFORCE INVESTMENT ACT AMENDMENTS

Priority: Other Significant

Legal Authority: 29 USC 49k; section 189(a) of PL 105-220; 29 USC 
2939(a)

CFR Citation: 20 CFR 661; 20 CFR 662 to 664; 20 CFR 652; 20 CFR 667

Legal Deadline: None

Abstract: The Department of Labor is implementing several important 
policy changes to the Workforce Investment Act and Wagner-Peyser Act 
regulations. Changes in this rulemaking address long-standing issues 
such as the large size of State and Local Workforce Investment Boards; 
the sequence of core, intensive and training services; the governor's 
authority over eligible training providers; and the availability of 
Individual Training Accounts to youth. In addition, the changes address 
the method of delivery of Wagner-Peyser Act-funded services.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            12/20/06                     71 FR76558
NPRM Comment Period End         02/20/07
Final Action                     To Be                       Determined

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: State

Agency Contact: Maria K Flynn, Adminstrator, Office of Policy 
Development and Research, Department of Labor, Employment and Training 
Administration, 200 Constitution Avenue NW., Room N-5641, FP Building, 
Washington, DC 20210
Phone: 202 693-3700
TDD Phone: 887 889-5627
Fax: 202 693-2766
Email: [email protected]

RIN: 1205-AB46
_______________________________________________________________________




1784. [bull] YOUTHBUILD PROGRAM

Priority: Other Significant

Legal Authority: PL 109-281

CFR Citation: Not Yet Determined

Legal Deadline: None

Abstract: The YouthBuild Transfer Act of 2006, Public Law 109-281, 
enacted on September 22, 2006, transfers oversight and administration 
of the YouthBuild program from the U.S. Department of Housing and Urban 
Development (HUD) to the U.S. Department of Labor (DOL). The YouthBuild 
program model targets are high school dropouts, adjudicated youth, 
youth aging out of foster care, and other at-risk youth population. The 
program model balances in-school learning, geared toward a high school 
diploma or GED, and construction skills training, geared toward a 
career placement for the youth. DOL intends to develop regulations in 
response to the legislation and to guide the program implementation and 
management.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            04/00/08

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Agency Contact: Gay Gilbert, Chief, Division of Employment Service and 
ALMIS, Department of Labor, Employment and Training Administration, 200 
Constitution Avenue NW., FP Building, Room S4231, Washington, DC 20210
Phone: 202 693-3428
Email: [email protected]

RIN: 1205-AB49
_______________________________________________________________________


Department of Labor (DOL)                             Completed Actions


Employment and Training Administration (ETA)



_______________________________________________________________________




1785. FEDERAL-STATE UNEMPLOYMENT COMPENSATION PROGRAM; ELIGIBILITY

Priority: Other Significant

Legal Authority: 42 USC 503(a)(5); 26 USC 3304(a)(4); 26 USC 3306(h); 
26 USC 3304(a)(1); 42 USC 503(a)(2); 42 USC 1302(a)

CFR Citation: 20 CFR 604 (New)

Legal Deadline: None

Abstract: Federal Unemployment Compensation (UC) law is inherently 
based on wage insurance principles. The regulation interprets and 
applies 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                    01/16/07                     72 FR 1890
Final Action Effective          02/15/07

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

[[Page 22845]]

_______________________________________________________________________


Department of Labor (DOL)                           Proposed Rule Stage


Employee Benefits Security Administration (EBSA)



_______________________________________________________________________




1786. 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, a participant 
pays to or has withheld from wages by an employer for contribution to 
an employee benefit plan, would not constitute plan assets for purposes 
of title I of ERISA and the related prohibited transaction provisions 
of the Internal Revenue Code. The amendment is needed to provide 
greater certainty to employers, participants and beneficiaries, service 
providers and others concerning when participant contributions to a 
plan constitute plan assets.

Summary of Legal Basis: Section 505 of ERISA provides that the 
Secretary may prescribe such regulations as she finds necessary and 
appropriate to carry out the provisions of title I of the Act. 
Regulation 29 CFR 2510.3-102 provides that the assets of an employee 
benefit plan covered by title I of ERISA 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                            12/00/07

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
_______________________________________________________________________




1787. AMENDMENT OF SECTION 404(C) REGULATION--DISCLOSURE

Priority: Other Significant

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 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 rely 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

________________________________________________________________________

Request for Information         04/00/07
NPRM                            02/00/08

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
_______________________________________________________________________




1788. 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

[[Page 22846]]

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 404(a)(1)(B). This regulation is needed to 
eliminate the current uncertainty as to what information relating to 
services and fees plan fiduciaries must obtain and service providers 
must furnish for purposes of determining whether a contract for 
services to be rendered to a plan is reasonable.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            07/00/07

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
_______________________________________________________________________




1789. [bull] PROHIBITED TRANSACTION EXEMPTION FOR PROVISION OF 
INVESTMENT ADVICE TO PARTICIPANTS IN INDIVIDUAL ACCOUNT PLANS

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

Unfunded Mandates: Undetermined

Legal Authority: 29 USC 1108(g); 29 USC 1135; PL 109-280, sec 601(a), 
Pension Protection Act of 2006; ERISA sec 408(g); ERISA sec 505

CFR Citation: 29 CFR 2550

Legal Deadline: None

Abstract: Section 601 of the Pension Protection Act (PL 109-280) 
amended ERISA by adding new section 408(b)(14) and 408(g). Section 
408(b)(14) is a prohibited transaction exemption that permits the 
provision of investment advice to participants or beneficiaries of 
certain individual account plans if the investment advice is provided 
under an ``eligible investment advice arrangement,'' as defined in 
section 408(g). In order to qualify as an ``eligible investment advice 
arrangement,'' the arrangement must either provide that any fees 
received by the adviser do not vary depending on the basis of any 
investment options selected, or use a computer model under an 
investment advice program that meets the criteria set forth in section 
408(g) in connection with the provision of investment advice. Further, 
with respect to both types of advice arrangements, the investment 
adviser must disclose to advice recipients all fees that the adviser or 
any affiliate is to receive in connection with the advice. Section 
408(g) requires that the computer model which serves as the basis for 
an eligible investment advice arrangement be certified by an ``eligible 
investment expert'' in accordance with rules prescribed by the 
Secretary of Labor. Section 408(g) also directs the Secretary of Labor 
to issue a model form for the required disclosure of fees. EBSA has 
prepared a Request for Information that will invite interested persons 
to submit written comments and suggestions concerning the expertise and 
procedures that may be needed to certify that a computer model meets 
the statutory criteria, and the content, types and designs of fee 
disclosure materials currently used and their usefulness to plan 
participants.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

RFI                             12/04/06                    71 FR 70429
RFI Comment Period End          01/30/07
NPRM                            09/00/07

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: Undetermined

Agency Contact: Fred Wong, Senior Pension Law Specialist, Department of 
Labor, Employee Benefits Security Administration, 200 Constitution 
Avenue NW., FP Building Room N5669, Washington, DC 20210
Phone: 202 693-8500
Fax: 202 219-7291

RIN: 1210-AB13
_______________________________________________________________________




1790. [bull] SELECTION OF ANNUITY PROVIDER FOR INDIVIDUAL ACCOUNT PLANS

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

Unfunded Mandates: Undetermined

Legal Authority: 29 USC 1104; ERISA sec 404; PL 109-280 sec 625, 
Pension Protection Act of 2006; 29 USC 1135; ERISA sec 505

CFR Citation: 29 CFR 2550.404a-4

Legal Deadline: None

Abstract: This rulemaking would establish a safe harbor under which a 
fiduciary of an individual account plan will be deemed to have 
satisfied his or her fiduciary responsibilities with respect to the 
selection of an annuity provider for the purpose of benefit 
distributions. The Department is proposing this safe harbor in light of 
revisions to Interpretive Bulletin 95-1 required by section 625 of the 
Pension Protection Act of 2006 clarifying that the fiduciary standards 
in Interpretive Bulletin 95-1 do not apply to the selection of an 
annuity provider for benefit distributions from an individual account 
plan.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            07/00/07

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: Undetermined

Agency Contact: Janet Walters, Senior Advisor, Department of Labor, 
Employee Benefits Security Administration, 20 Constitution Avenue NW., 
FP Building, Room N5669, Washington, DC 20210
Phone: 202 693-8500
Fax: 202 219-7291

Related RIN: Related to 1210-AB22
RIN: 1210-AB19
_______________________________________________________________________




1791. [bull] PERIODIC PENSION BENEFIT STATEMENTS

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

Unfunded Mandates: Undetermined

Legal Authority: 29 USC 1025; ERISA sec 105; PL 109-280 sec 508, 
Pension Protection Act of 2006; 29 USC 1135; ERISA sec 505

CFR Citation: 29 CFR 2520

Legal Deadline: Final, Statutory, August 18, 2007.

Abstract: Section 508 of the Pension Protection Act of 2006 (PPA) 
amended section 105 of ERISA to require plans that are subject to ERISA 
to

[[Page 22847]]

automatically provide participants and certain beneficiaries with 
individual pension benefit statements. Generally, defined benefit plans 
must provide the statement every three years, with an annual 
alternative. Individual account defined contribution plans that permit 
participant direction must provide the statement quarterly and 
individual account defined contribution plans that do not permit 
participant direction must provide the statement annually. The PPA 
directed the Department of Labor to provide a model statement within 
one year of enactment of the statute and the Department has been given 
interim final rulemaking authority.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            08/00/07

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: Undetermined

Agency Contact: Suzanne Adelman, Senior Pension Law Specialist, 
Department of Labor, Employee Benefits Security Administration, 200 
Constitution Avenue NW., FP Building, Room N5669, Washington, DC 20210
Phone: 202 693-8500
Fax: 202 219-7291

RIN: 1210-AB20
_______________________________________________________________________


Department of Labor (DOL)                              Final Rule Stage


Employee Benefits Security Administration (EBSA)



_______________________________________________________________________




1792. 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

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                    03/00/08

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
_______________________________________________________________________




1793. 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                    12/00/07

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

[[Page 22848]]

Avenue NW., FP Building, Washington, DC 20210
Phone: 202 693-8335

RIN: 1210-AA63
_______________________________________________________________________




1794. REVISION OF THE FORM 5500 SERIES AND IMPLEMENTING REGULATIONS

Priority: Economically Significant. Major under 5 USC 801.

Legal Authority: 29 USC 1135; 29 USC 1021; 29 USC 1023 to 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 employee 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                            07/21/06                    71 FR 41392
NPRM Comment Period End         09/19/06
Final Action                    05/00/07

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: None

Agency Contact: Elizabeth A. Goodman, Senior Pension Law Specialist, 
Department of Labor, Employee Benefits Security Administration, 200 
Constitution Avenue NW., FP Building Room N5669, Washington, DC 20210
Phone: 202 693-8523
Fax: 202 219-7291

Related RIN: Related to 1210-AB14
RIN: 1210-AB06
_______________________________________________________________________




1795. SECTION 404 REGULATION--DEFAULT INVESTMENT ALTERNATIVES UNDER 
PARTICIPANT DIRECTED INDIVIDUAL ACCOUNT PLANS

Priority: Economically Significant. Major under 5 USC 801.

Legal Authority: 29 USC 1104(c)(5); 29 USC 1135

CFR Citation: 29 CFR 2550

Legal Deadline: Final, Statutory, February 19, 2007.

Abstract: This rulemaking would establish a relief 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 in order to obtain 
fiduciary relief. 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. As part of the 
Pension Protection Act of 2006, section 404(c) was amended to provide 
relief accorded by section 404(c)(1) to fiduciaries that invest 
participant assets in certain types of investment alternatives in the 
absence of participant investment direction. The Pension Protection Act 
directed the Department to issue final default investment regulations 
under section 404(c)(5)(A) of ERISA no later than 6 months after the 
date of enactment of the Pension Protection Act. This rulemaking 
responds 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 were considered in developing the 
proposed rule and published in the Federal Register.

Anticipated Cost and Benefits: Costs and benefits of regulatory 
alternatives were estimated and taken into account in developing the 
proposed rule and published in the Federal Register.

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. In addition, failure to issue final default 
investment regulations under section 404(c)(5)(A) of ERISA no later 
than 6 months after the date of enactment of the Pension Protection Act 
would contravene section 624 of the Pension Protection Act.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            09/27/06                    71 FR 56806
NPRM Comment Period End         11/13/06
Final Action                    05/00/07

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

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

RIN: 1210-AB10
_______________________________________________________________________




1796. [bull] PROPOSED REVISION OF ANNUAL INFORMATION RETURN/REPORTS

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

Legal Authority: 29 USC 1135; 29 USC 1021; 29 USC 1023; 29 USC 1024; PL 
109-208, sec 101-116, sec 201-221, sec 503, sec 1103 Pension Protection 
Act of 2006

CFR Citation: 29 CFR 2520

Legal Deadline: None

Abstract: This proposal supplements previously published proposed 
revisions to the Form 5500 Annual Return/Report as required by the 
Pension Protection Act of 2006 (PPA). Specifically, this proposal 
includes separate Schedules B for single-employer plans and 
multiemployer plans reflecting PPA changes in funding and annual 
reporting requirements; new questions to the Schedule R and Schedule H 
designed to collect additional information regarding single and 
multiemployer

[[Page 22849]]

pension defined benefit plans; and a proposal to have the Form 5500-SF 
Annual Return/Report be the simplified report required under the PPA 
for plans with fewer than 25 participants.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            12/11/06                    71 FR 71562
NPRM Comment Period End         01/10/07
Final Action                    05/00/07

Regulatory Flexibility Analysis Required: Yes

Small Entities Affected: Businesses, Organizations

Government Levels Affected: None

Agency Contact: Elizabeth A. Goodman, Senior Pension Law Specialist, 
Department of Labor, Employee Benefits Security Administration, 200 
Constitution Avenue NW., FP Building Room N5669, Washington, DC 20210
Phone: 202 693-8523
Fax: 202 219-7291

Related RIN: Related to 1210-AB06
RIN: 1210-AB14
_______________________________________________________________________




1797. [bull] TIME AND ORDER OF ISSUANCE OF DOMESTIC RELATIONS ORDERS

Priority: Other Significant

Legal Authority: 29 USC 1056; ERISA sec 206 (d) (3); PL 109-280, sec 
1001, Pension Protection Act of 2006; 29 USC 1135; ERISA sec 505

CFR Citation: 29 CFR 2530.206

Legal Deadline: Final, Statutory, August 18, 2007.

Abstract: Section 1001 of the Pension Protection Act of 2006 requires 
the Secretary of Labor to issue, not later than one year after the date 
of enactment, regulations clarifying certain issues relating to the 
timing and order of domestic relations orders under section 206(d)(3) 
of the Employee Retirement Income Security Act (ERISA). This rule will 
provide guidance to plan administrators, service providers, 
participants, and alternate payees on the qualified domestic relations 
order requirements under ERISA.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              03/07/07                    72 FR 10070
Interim Final Rule Effective    04/06/07
Interim Final Rule Comment 
Period End                      05/07/07
Final Action                    08/00/07

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Susan Rees, Senior Pension Law Specialist, Department 
of Labor, Employee Benefits Security Administration, 200 Constitution 
Avenue NW., FP Building Room N5669, Washington, DC 20210
Phone: 202 693-8500
Fax: 202 219-1791

RIN: 1210-AB15
_______________________________________________________________________




1798. [bull] AMENDMENTS TO SAFE HARBOR FOR DISTRIBUTIONS FROM TERMINATED 
INDIVIDUAL ACCOUNT PLANS AND TERMINATION OF ABANDONED INDIVIDUAL ACCOUNT 
PLANS TO REQUIRE INHERITED IRAS FOR MISSING NONSPOUSE BENEFICIARIES

Priority: Other Significant

Legal Authority: 29 USC 1135; ERISA sec 505

CFR Citation: 29 CFR 2550.404a-3; 29 CFR 2578.1

Legal Deadline: None

Abstract: The Department is amending 29 CFR 2578.1 and 29 CFR 
2550.404a-3 to reflect changes enacted as part of the Pension 
Protection Act of 2006, Public Law 109-280, to the Internal Revenue 
Code of 1986 (the Code), under which a distribution of a deceased plan 
participant's benefit from an eligible retirement plan may be directly 
transferred to an individual retirement plan established on behalf of 
the designated nonspouse beneficiary of such participant.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              02/15/07                     72 FR 7516
Interim Final Rule Comment 
Period End                      04/02/07
Interim Final Rule Effective    03/19/07
Final Action                    09/00/07

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Stephanie Ward, Pension Law Specialist, Department of 
Labor, Employee Benefits Security Administration, 200 Constitution 
Avenue NW., FP Building, Room N5669, Washington, DC 20210
Phone: 202 693-8500
Fax: 202 219-7921

RIN: 1210-AB16
_______________________________________________________________________




1799. [bull] STATUTORY EXEMPTION FOR CROSS-TRADING OF SECURITIES

Priority: Other Significant

Legal Authority: 29 USC 1108(b)(19)(H); ERISA sec 408(b)(19)(H); PL 
109-280, sec 611(g)(3), Pension Protection Act of 2006

CFR Citation: 29 CFR 2550.408b-19

Legal Deadline: Final, Statutory, February 13, 2007.

Abstract: As directed by section 611(g)(3) of Public Law 109-280, this 
rule implements the content requirements for the written cross-trading 
policies and procedures required under section 408(b)(19)(H) of the 
Employee Retirement Income Security Act of 1974. This section exempts 
the purchase and sale of a security between an employee benefit plan 
and any other account managed by the same investment manager if certain 
conditions are satisfied. Among other requirements, section 
408(b)(19)(H) stipulates that the investment manager must adopt, and 
effect cross trades in accordance with, written policies and procedures 
that are fair and equitable to all accounts participating in the cross-
trading program.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              02/12/07                     72 FR 6473
Interim Final Rule Comment 
Period End                      04/13/07
Interim Final Rule Effective    04/13/07
Final Action                    09/00/07

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Brian Buyniski, Pension Law Specialist, Department of

[[Page 22850]]

Labor, Employee Benefits Security Administration, 200 Constitution 
Avenue NW., FP Building, Room N5649, Washington, DC 20210
Phone: 202 693-8540
Fax: 202-219-0204

RIN: 1210-AB17
_______________________________________________________________________




1800. [bull] ANNUAL FUNDING NOTICE FOR DEFINED BENEFIT PLANS

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

Unfunded Mandates: Undetermined

Legal Authority: 29 USC 1021(f); ERISA sec 101(f); PL 109-280, sec 501, 
Pension Protection Act of 2006; 29 USC 1021(b); ERISA sec 104(b)(3); PL 
109-280, sec 503, Pension Protection Act of 2006; 29 USC 1135; ERISA 
sec 505

CFR Citation: 29 CFR 2520; 29 CFR 2520.104-46; 29 CFR 2520.104b-10

Legal Deadline: Final, Statutory, August 18, 2007.

Abstract: This rulemaking implements the requirement of section 501 of 
the Pension Protection Act of 2006 (PPA), which amended section 101(f) 
of ERISA to require the administrator of a defined benefit pension plan 
to provide participants, beneficiaries, and other parties with an 
annual funding notice, and also implements the requirements of section 
503(c) of the PPA which amended section 104(b)(3) of ERISA regarding 
summary annual reports for defined benefit plans.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              08/00/07

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: Undetermined

Agency Contact: Michael Baird, Pension Law Specialist, Department of 
Labor, Employee Benefits Security Administration, 200 Constitution 
Avenue NW., FP Building, Room N5669, Washington, DC 20210
Phone: 202 693-8523
Fax: 202 219-7291

RIN: 1210-AB18
_______________________________________________________________________




1801. [bull] MULTI EMPLOYER PLAN INFORMATION MADE AVAILABLE ON REQUEST

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

Unfunded Mandates: Undetermined

Legal Authority: 29 USC 1021(k); ERISA sec 101(k); PL 109-280 sec 502, 
Pension Protection Act of 2006; 29 USC 1135; ERISA sec 505

CFR Citation: 29 CFR 2520

Legal Deadline: Final, Statutory, August 18, 2007.

Abstract: This rulemaking implements the requirements of section 
502(a)(1) of the Pension Protection Act of 2006 (PPA), which added a 
new subsection (k) to section 101 of ERISA, under which the plan 
administrator of a multiemployer plan shall, upon written request, 
furnish within 30 days to any plan participant or beneficiary, employee 
representative, or any employer that has an obligation to contribute to 
the plan a copy of certain actuarial, financial and funding-related 
documents.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              07/00/07

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: Undetermined

Agency Contact: Stephanie Ward, Pension Law Specialist, Department of 
Labor, Employee Benefits Security Administration, 200 Constitution 
Avenue NW., FP Building, Room N5669, Washington, DC 20210
Phone: 202 693-8500
Fax: 202 219-7921

RIN: 1210-AB21
_______________________________________________________________________




1802. [bull] AMENDMENT TO INTERPRETIVE BULLETIN 95-1

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

Unfunded Mandates: Undetermined

Legal Authority: PL 109-280 sec 625, Pension Protection Act of 2006; 29 
USC 1135; ERISA sec 505

CFR Citation: 29 CFR 2509.95-1

Legal Deadline: Final, Statutory, August 18, 2007.

Abstract: This rulemaking implements the directive in section 625 of 
the Pension Protection Act of 2006, which requires the Secretary of 
Labor to issue, not later than one year after the date of enactment, 
final regulations clarifying that the selection of an annuity contract 
as an optional form of distribution from an individual account plan is 
not subject to the safest available annuity requirement under 
Interpretive Bulletin 95-1 and is subject to all otherwise applicable 
fiduciary standards.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              07/00/07

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: Undetermined

Agency Contact: Janet Walters, Senior Advisor, Department of Labor, 
Employee Benefits Security Administration, 20 Constitution Avenue NW., 
FP Building, Room N5669, Washington, DC 20210
Phone: 202 693-8500
Fax: 202 219-7291

Related RIN: Related to 1210-AB19
RIN: 1210-AB22
_______________________________________________________________________


Department of Labor (DOL)                             Long-Term Actions


Employee Benefits Security Administration (EBSA)



_______________________________________________________________________




1803. 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

[[Page 22851]]

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
_______________________________________________________________________




1804. 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 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         09/11/06                    71 FR 53348
Request For Information- Comment 
Period End                      12/11/06


Next Action Undetermined

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Agency Contact: John J. Canary, Deputy Director, Office of Regulations 
and Interpretations, Department of Labor, Employee Benefits Security 
Administration, 200 Constitution Avenue NW., FP Building, Washington, 
DC 20210
Phone: 202 693-8500

RIN: 1210-AB09
_______________________________________________________________________




1805. PLAN ASSETS-PARTICIPANT CONTRIBUTIONS REGULATION (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                      04/00/08

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: None

Federalism:  Undetermined

Agency Contact: Melissa R. Spurgeon, 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)                             Completed Actions


Employee Benefits Security Administration (EBSA)



_______________________________________________________________________




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

Priority: Other Significant

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

[[Page 22852]]

provides that the Secretary may promulgate such regulations as may be 
necessary or appropriate to carry out the provisions of part 7 ERISA. 
In addition, section 505 of ERISA authorizes the Secretary to issue 
regulations clarifying the provisions of title I of ERISA.

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

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              04/08/97                    62 FR 16894
Interim Final Rule Comment 
Period End                      07/07/97
NPRM                            01/08/01                     66 FR 1421
NPRM Comment Period End         04/09/01
Second Interim Final Rule       01/08/01                     66 FR 1378
Interim Final Rule Comment 
Period End                      04/09/01
Final Rule                      12/13/06                    71 FR 75014
Final Action Effective          02/12/07

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

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
_______________________________________________________________________




1807. [bull] PROHIBITED TRANSACTION EXEMPTION FOR PROVISION OF 
INVESTMENT ADVICE TO INDIVIDUAL RETIREMENT AND SIMILAR PLANS

Priority: Info./Admin./Other

Legal Authority: 26 USC 4975(d)(17); PL 109-280, sec 601(b)(3)(A) 
Pension Protection Act of 2006

CFR Citation: 26 CFR 54

Legal Deadline: Other, Statutory, December 31, 2007, A required report.
The Department of Labor is required to report the results of its 
findings with respect to the information requested in this action to 
the Committee on Ways and Means and the Committee on Education and the 
Workforce of the House of Representatives and the Committee on Finance 
and the Committee on Health, Education, Labor, and Pensions of the 
Senate no later than December 31, 2007.

Abstract: The purpose of this document is to solicit information from 
the public concerning the feasibility of the application of computer 
model investment advice programs for Individual Retirement Accounts and 
similar types of plans. The Department has completed its solicitation 
of information and will report its findings to Congress no later than 
December 31, 2007.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

RFI                             12/04/06                    71 FR 70427
No Regulatory Action Required   12/04/06
RFI Comment Period End          01/30/07

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Agency Contact: Allison Padams-Lavigne, Department of Labor, Employee 
Benefits Security Administration, 200 Constitution Avenue NW., FP 
Building Room N5700, Washington, DC 20210
Phone: 202 693-8540
Fax: 202 219-0204

Chris Motta, Pension Law Specialist, Department of Labor, Employee 
Benefits Security Administration, 200 Constitution Avenue NW., FP 
Building Room N5700, Washington, DC 20210
Phone: 202 693-8540
Fax: 202 219-0204

RIN: 1210-AB12
_______________________________________________________________________


Department of Labor (DOL)                           Proposed Rule Stage


Mine Safety and Health Administration (MSHA)



_______________________________________________________________________




1808. 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 30 CFR 75.1100-2(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, also issued as a proposed rule, 
would eliminate the need to file petitions to use this alternative 
method of compliance without reducing protection for miners.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            09/00/07
Direct Final Rule               09/00/07

Regulatory Flexibility Analysis Required: No

Small Entities Affected: Businesses

Government Levels Affected: None

URL For More Information:
www.msha.gov/regsinfo.htm www.regulations.gov

URL For Public Comments:
www.regulations.gov

Agency Contact: Patricia W. Silvey, Director, Office of Standards, 
Regulations, and Variances, Department of Labor, Mine Safety and Health 
Administration, 1100 Wilson Boulevard, Room 2350, Arlington, VA 22209-
3939
Phone: 202 693-9440
Fax: 202 693-9441
Email: [email protected]

RIN: 1219-AB40
_______________________________________________________________________




1809. SEALING OF ABANDONED AREAS

Priority: Other Significant

Legal Authority: 30 USC 811

CFR Citation: 30 CFR 75.335

Legal Deadline: Final, Statutory, December 15, 2007.

Abstract: On June 15, 2006, the Mine Improvement and New Emergency 
Response Act (MINER Act) of 2006,

[[Page 22853]]

Public Law 109-236, became effective. Section 10 of the MINER Act 
requires the Secretary of Labor to finalize mandatory health and safety 
standards relating to the sealing of abandoned areas in underground 
coal mines, no later than 18 months after enactment. Such health and 
safety standards shall provide for an increase in the existing 20 
pounds per square inch (psi) standard currently set forth in 30 CFR 
75.335(a)(2).

Statement of Need: Section 10 of the MINER Act requires the Secretary 
of Labor to finalize mandatory standards relating to the sealing of 
abandoned areas in underground coal mines no later than December 15, 
2007, and that provide for an increase in the 20 psi standard currently 
in effect. Adequate seals are crucial to containing explosions and 
preventing the migration of potentially explosive methane-air mixtures 
from worked out areas to the working areas of an underground coal mine. 
In addition to the requirement in the MINER Act, MSHA's evaluation of 
alternative seals in underground coal mines has led the Agency to 
determine that revisions to existing standards for alternative seals 
are necessary.

Summary of Legal Basis: Promulgation of this regulation is authorized 
by the Federal Mine Safety and Health Act of 1977 and the MINER Act of 
2006.

Alternatives: As required by the MINER Act, MSHA must publish a 
regulation that increases the 20 psi standard. The Mine Safety and 
Health Administration is reviewing the information from recent 
accidents in underground coal mines and the draft report from the 
National Institute for Occupational Safety and Health to determine an 
appropriate and protective regulatory course of action. The Agency is 
also conducting test explosions in experimental mines to determine the 
relationships between seal design and construction and the ability to 
withstand explosive forces. This information will assist the Agency in 
developing new standards consistent with the requirements of the MINER 
Act.

Anticipated Cost and Benefits: MSHA will develop a preliminary 
regulatory economic analysis to accompany the proposed rule.

Risks: Properly constructed seals contain explosions and prevent the 
migration of potentially explosive methane-air mixtures from worked out 
areas to the working areas of an underground coal mine. Recent mining 
accidents and MSHA data show that there are problems with the 
construction and use of alternative methods and materials to create 
seals. The exact scope of the problem is unknown at this time. However, 
the reliability of seals in underground coal mines is in question 
because of their potential to endanger miners who work in sealed areas.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            06/00/07
Final Action                    12/00/07

Regulatory Flexibility Analysis Required: Undetermined

Small Entities Affected:  Businesses

Government Levels Affected: None

URL For More Information:
www.msha.gov/regsinfo.htm www.regulations.gov

URL For Public Comments:
www.regulations.gov

Agency Contact: Patricia W. Silvey, Director, Office of Standards, 
Regulations, and Variances, Department of Labor, Mine Safety and Health 
Administration, 1100 Wilson Boulevard, Room 2350, Arlington, VA 22209-
3939
Phone: 202 693-9440
Fax: 202 693-9441
Email: [email protected]

RIN: 1219-AB52
_______________________________________________________________________




1810. MINE RESCUE TEAMS

Priority: Other Significant

Legal Authority: 30 USC 957; 30 USC 811; 30 USC 825

CFR Citation: 30 CFR 49

Legal Deadline: Final, Statutory, December 15, 2007.

Abstract: On June 15, 2006, Public Law 109-236 or the Mine Improvement 
and New Emergency Response Act (MINER Act) of 2006 became effective. 
This rulemaking will implement section 4 of the MINER Act by amending 
existing standards and developing new standards to provide for 
certification composition, and training requirements for mine rescue 
teams in underground coal mines. Currently, requirements for mine 
rescue teams are set forth in 30 CFR part 49.

Statement of Need: Section 4 of the MINER Act requires the Secretary of 
Labor to finalize mandatory health and safety standards relating to 
mine rescue teams in underground coal mines no later than December 15, 
2007. Current standards require properly trained mine rescue teams to 
be immediately available during mine emergencies. The MINER Act 
requires team members to have underground coal mining experience and 
requires teams to participate in mine rescue contests. The MINER Act 
also provides for multi-employer teams, State-sponsored teams, and 
contract teams to ensure the availability of qualified mine rescue 
teams.

Summary of Legal Basis: Promulgation of this regulation is authorized 
by the Federal Mine Safety and Health Act of 1977 and the MINER Act of 
2006.

Alternatives: As required by the MINER Act, MSHA must publish a 
regulation on mine rescue teams.

Anticipated Cost and Benefits: MSHA will develop a preliminary 
regulatory economic analysis to accompany the proposed rule.

Risks: Mine explosions at the Sago Mine and Darby No. 1 Mine and a mine 
fire at the Alma Mine in 2006 resulted in the deaths of 19 underground 
coal miners. Explosions, fires, and the migration of potentially 
explosive methane-air mixtures from worked-out areas to the working 
areas of an underground coal mine endanger all miners who work in the 
mine, including potential rescuers.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            05/00/07
Final Action                    12/00/07

Regulatory Flexibility Analysis Required: Undetermined

Small Entities Affected:  Businesses

Government Levels Affected: State

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

URL For More Information:
www.msha.gov/regsinfo.htm www.regulations.gov

URL For Public Comments:
www.regulations.gov

Agency Contact: Patricia W. Silvey, Director, Office of Standards, 
Regulations, and Variances, Department

[[Page 22854]]

of Labor, Mine Safety and Health Administration, 1100 Wilson Boulevard, 
Room 2350, Arlington, VA 22209-3939
Phone: 202 693-9440
Fax: 202 693-9441
Email: [email protected]

RIN: 1219-AB53
_______________________________________________________________________




1811. DIESEL PARTICULATE MATTER: CONVERSION FACTOR FROM TOTAL CARBON TO 
ELEMENTAL CARBON

Priority: Other Significant

Legal Authority: 30 USC 811; 30 USC 813

CFR Citation: 30 CFR 57

Legal Deadline: None

Abstract: On May, 18, 2006, MSHA promulgated its final rule on Diesel 
Particulate Matter (DPM) Exposure of Underground Metal and Nonmetal 
Miners (71 FR 28924), phasing in the final diesel particulate matter 
(DPM) exposure limit over a 2-year period, with the final limit of 160 
TC [micro]/m3 to become effective on May 20, 2008. The DPM exposure 
limit is expressed in terms of a ``TC'' or ``total carbon'' limit. MSHA 
is initiating a new rulemaking to establish the most appropriate 
measure for determining compliance with the final DPM exposure limit. 
Using the latest available evidence, MSHA will be examining the most 
appropriate conversion factor for a comparable elemental carbon (EC) 
limit. An EC measurement ensures that a TC exposure limit is valid and 
not the result of environmental interferences.

Statement of Need: The May 18, 2006 final rule at 30 CFR 57.5060(b)(3) 
requires mine operators to ensure that the miners' personal exposures 
to diesel particulate matter (DPM) in an underground mine do not exceed 
an airborne concentration of 160 micrograms of total carbon per cubic 
meter (TC [micro]/m3) of air during an average 8-hour equivalent full 
shift, effective May 20, 2008. This rulemaking proposes the EC 
conversion factor for the 160 TC [micro]/m3 limit, which would allow 
mine operators to implement the requirements of the May 18, 2006 final 
rule.

Summary of Legal Basis: Promulgation of this regulation is authorized 
by section 101 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 will prepare estimates of the 
anticipated costs and benefits associated with the selected conversion 
factor.

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 believes that the health evidence forms a reasonable 
basis for reducing miners' exposure to diesel particulate matter. 
Proceeding with a separate rulemaking to determine the correct TC to EC 
conversion factor for the phased-in final limits will more effectively 
reduce miners' exposures to DPM.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            09/00/07
Final Action                    05/00/08

Regulatory Flexibility Analysis Required: No

Small Entities Affected: Businesses

Government Levels Affected: None

URL For More Information:
www.msha.gov/regsinfo.htm www.regulations.gov

URL For Public Comments:
www.regulations.gov

Agency Contact: Patricia W. Silvey, Director, Office of Standards, 
Regulations, and Variances, Department of Labor, Mine Safety and Health 
Administration, 1100 Wilson Boulevard, Room 2350, Arlington, VA 22209-
3939
Phone: 202 693-9440
Fax: 202 693-9441
Email: [email protected]

RIN: 1219-AB55
_______________________________________________________________________


Department of Labor (DOL)                              Final Rule Stage


Mine Safety and Health Administration (MSHA)



_______________________________________________________________________




1812. 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. MSHA published a supplemental NPRM 
on March 28, 2006 (71 FR 15359).
This supplemental NPRM proposed and requested 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 involved: (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.
MSHA regularly receives petitions for modifications from coal mine 
operators seeking permission to use high-voltage continuous mining 
machines. MSHA believes that, with appropriate safeguards, such 
machines are safe for use and are routinely granted in these petitions.

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

[[Page 22855]]

Second NPRM Comment Period End  05/30/06
Final Action                    09/00/07

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

URL For More Information:
www.msha.gov/regsinfo.htm www.regulations.gov

URL For Public Comments:
www.regulations.gov

Agency Contact: Patricia W. Silvey, Director, Office of Standards, 
Regulations, and Variances, Department of Labor, Mine Safety and Health 
Administration, 1100 Wilson Boulevard, Room 2350, Arlington, VA 22209-
3939
Phone: 202 693-9440
Fax: 202 693-9441
Email: [email protected]

RIN: 1219-AB34
_______________________________________________________________________


Department of Labor (DOL)                             Long-Term Actions


Mine Safety and Health Administration (MSHA)



_______________________________________________________________________




1813. 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: MSHA's 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 Continuous Personal Dust Monitors 
being tested by NIOSH. A Federal Register notice was published on July 
3, 2003, extending the comment period indefinitely. NIOSH issued a 
report on the personal dust monitor in September 2006. MSHA will 
determine the next course of action after a review of all data and test 
results.

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) and RIN 
1219-AB48 (Continuous Personal Dust Monitors).

URL For More Information:
www.msha.gov/regsinfo.htm www.regulations.gov

URL For Public Comments:
www.regulations.gov

Agency Contact: Patricia W. Silvey, Director, Office of Standards, 
Regulations, and Variances, Department of Labor, Mine Safety and Health 
Administration, 1100 Wilson Boulevard, Room 2350, Arlington, VA 22209-
3939
Phone: 202 693-9440
Fax: 202 693-9441
Email: [email protected]

Related RIN: Related to 1219-AB18, Related to 1219-AB48
RIN: 1219-AB14
_______________________________________________________________________




1814. 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 
(NIOSH) and the Mine Safety and Health Administration (MSHA) jointly 
proposed that a single, full-shift measurement (single sample) would 
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. 
MSHA held hearings 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

[[Page 22856]]

rulemaking record and extended the comment period indefinitely. MSHA 
collaborated with NIOSH, miners' representatives, industry and the 
manufacturer to test the production prototype Continuous Personal Dust 
Monitor (CPDM) unit. NIOSH issued a report on the CPDM in September 
2006. MSHA will determine the next course of action after a review of 
all data and test results.

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) and RIN 1219-AB48 
(Continuous Personal Dust Monitor).

URL For More Information:
www.msha.gove/regsinfo.htm www.regulations.gov

URL For Public Comments:
www.regulations.gov

Agency Contact: Patricia W. Silvey, Director, Office of Standards, 
Regulations, and Variances, Department of Labor, Mine Safety and Health 
Administration, 1100 Wilson Boulevard, Room 2350, Arlington, VA 22209-
3939
Phone: 202 693-9440
Fax: 202 693-9441
Email: [email protected]

Related RIN: Related to 1219-AB14, Related to 1219-AB48
RIN: 1219-AB18
_______________________________________________________________________




1815. 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). The Office of the Inspector 
General (OIG) recommended in a report that MSHA lower its 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. MSHA proposed a rule to lower the asbestos PEL, which 
would reduce asbestos-induced occupational disease.

Statement of Need: Current scientific data indicate that the existing 
asbestos PEL is not sufficiently protective of miners' health. MSHA's 
asbestos regulations date to 1967 and are based on the Bureau of Mines 
(MSHA's predecessor) standard of 5 million particles per cubic foot of 
air (mppcf). Other Federal agencies have addressed this issue by 
lowering their asbestos PEL. For example, the Occupational Safety and 
Health Administration, working in conjunction with the Environmental 
Protection Agency, enacted a revised asbestos standard in 1994 that 
lowered the permissible exposure limit to an 8-hour time-weighted 
average of 0.1 fiber per cubic centimeter (f/cc) of air and the 
excursion limit to 1.0 f/cc of air as averaged over a 30 minute 
sampling period. These lower limits reflect new information and studies 
that compare asbestos-related disease risk to the number of 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 miners' exposure levels to asbestos. In early 2000, MSHA 
began an extensive sampling effort at operations with potential 
asbestos exposure including taking samples at all existing vermiculite, 
taconite, talc, and other mines to determine the level of asbestos 
present. While sampling, MSHA staff also discussed various potential 
hazards of asbestos with miners and mine operators and the types of 
preventive measures that could be implemented to reduce exposures.

The final rule will be based, on comments and testimony to the proposed 
rule, as well as MSHA sampling and inspection experience.

Anticipated Cost and Benefits: The anticipated costs of the proposed 
rule to the mining industry would be approximately $136,000 annually. 
Of this total amount, the cost to the metal and nonmetal mining sector 
would be $91,500, and the cost to the coal mining sector would be 
$44,600.

MSHA estimates that between 1 and 19 deaths could be prevented over the 
next 65 years, which represents approximately 9 to 84 percent of all 
occupationally related deaths caused by asbestos exposure. Under the 
proposed exposure limit, approximately 1 out of every 1,000 miners will 
avoid the risk of death from asbestosis, lung cancer, mesothelioma, or 
other forms of cancer attributed to asbestos exposure.

Risks: Miners could be exposed to the hazards of asbestos at mine 
operations where ore body contains asbestos. In addition, miners could 
be exposed to asbestos at facilities that install material containing 
asbestos. Overexposure to asbestos causes asbestosis, lung cancer, 
mesothelioma, and other forms of cancer.

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         11/21/05                    70 FR 43950
Public Hearing                  10/18/05                    70 FR 43950
Final Action                    06/00/08

Regulatory Flexibility Analysis Required: No

Small Entities Affected: Businesses

Government Levels Affected: None

Additional Information: The Office of the Inspector General issued a 
report entitled, ``Evaluation of MSHA's

[[Page 22857]]

Handling of Inspections at the W.R. Grace & Company Mine in Libby, 
Montana,'' in March 2001.

URL For More Information:
www.msha.gov/regsinfo.htm

URL For Public Comments:
www.regulations.gov

Agency Contact: Patricia W. Silvey, Director, Office of Standards, 
Regulations, and Variances, Department of Labor, Mine Safety and Health 
Administration, 1100 Wilson Boulevard, Room 2350, Arlington, VA 22209-
3939
Phone: 202 693-9440
Fax: 202 693-9441
Email: [email protected]

RIN: 1219-AB24
_______________________________________________________________________




1816. RESPIRABLE CRYSTALLINE SILICA STANDARD

Priority: Other Significant

Legal Authority: 30 USC 811; 30 USC 813

CFR Citation: 30 CFR 56 to 57; 30 CFR 70 to 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 ultimately 
may be fatal. Both formulas are designed to limit exposures to 0.1 mg/
m3 (100mg) 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 50 mg/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

URL For More Information:
www.msha.gov/regsinfo.htm www.regulations.gov

URL For Public Comments:
www.regulations.gov

Agency Contact: Patricia W. Silvey, Director, Office of Standards, 
Regulations, and Variances, Department of Labor, Mine Safety and Health 
Administration, 1100 Wilson Boulevard, Room 2350, Arlington, VA 22209-
3939
Phone: 202 693-9440
Fax: 202 693-9441
Email: [email protected]

RIN: 1219-AB36
_______________________________________________________________________




1817. REVISING ELECTRICAL PRODUCT APPROVAL REGULATIONS

Priority: Other Significant

Legal Authority: 30 USC 957

CFR Citation: 30 CFR 7; 30 CFR 17 to 18; 30 CFR 22 to 23; 30 CFR 27

Legal Deadline: None

Abstract: 30 CFR part 18 (Electric Motor-Driven Mine Equipment and 
Accessories), describes the approval requirements for electrically 
operated machines and accessories intended for use in underground gassy 
mines, and for 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. MSHA is proposing 
revisions to improve the efficiency of the approval process, recognize 
new technology, add quality assurance provisions, address existing 
policies through the rulemaking process, and reorganize portions of the 
approval regulations. MSHA will be addressing the requirements in this 
NPRM in phases. The first phase will be Flame-Resistance Testing of 
Mining Materials. This action will be published first because the MINER 
Act requires all life lines to be flame-resistant by June 14, 2009. The 
flame-resistant requirements are contained in 30 CFR part 18.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                             To Be                       Determined

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

URL For More Information:
www.msha.gov/regsinfo.htm www.regulations.gov

URL For Public Comments:
www.regulations.gov

Agency Contact: Patricia W. Silvey, Director, Office of Standards, 
Regulations, and Variances, Department of Labor, Mine Safety and Health 
Administration, 1100 Wilson Boulevard, Room 2350, Arlington, VA 22209-
3939
Phone: 202 693-9440
Fax: 202 693-9441
Email: [email protected]

RIN: 1219-AB37
_______________________________________________________________________




1818. FIELD MODIFICATIONS OF PERMISSIBLE MOBILE DIESEL-POWERED EQUIPMENT

Priority: Other Significant

Legal Authority: 30 USC 957

CFR Citation: 30 CFR 36

Legal Deadline: None

Abstract: 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. Field modifications allow 
permissible equipment to be modified for mine-specific use or to comply 
with new diesel standards. Therefore, the Mine Safety and Health 
Administration is proposing to add field modification provisions to 30 
CFR part 36 (Approval Requirements for Permissible Mobile Diesel-
Powered Transportation 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 to apply for field modifications, and 
continue to ensure that field-modified equipment operates safely in 
gassy underground mines. The proposed rule would also implement

[[Page 22858]]

existing policy which dates from 1985, to reflect current procedures 
for processing field modifications related to mobile diesel-powered 
transportation equipment. Further, the proposed rule would require 
labeling provisions for all new field modifications accepted under part 
36. These new provisions would enhance miner safety.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                             To Be                       Determined

Regulatory Flexibility Analysis Required: No

Small Entities Affected: Businesses

Government Levels Affected: None

Agency Contact: Patricia W. Silvey, Director, Office of Standards, 
Regulations, and Variances, Department of Labor, Mine Safety and Health 
Administration, 1100 Wilson Boulevard, Room 2350, Arlington, VA 22209-
3939
Phone: 202 693-9440
Fax: 202 693-9441
Email: [email protected]

RIN: 1219-AB39
_______________________________________________________________________




1819. USE OF OR IMPAIRMENT FROM ALCOHOL AND OTHER DRUGS ON MINE PROPERTY

Priority: Other Significant

Unfunded Mandates: Undetermined

Legal Authority: Not Yet Determined

CFR Citation: Not Yet Determined

Legal Deadline: None

Abstract: MSHA is considering publishing a proposed rule 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                             To Be                       Determined

Regulatory Flexibility Analysis Required: No

Small Entities Affected: Businesses, Governmental Jurisdictions

Government Levels Affected: Local

URL For More Information:
www.msha.gov/regsinfo.htm www.regulations.gov

URL For Public Comments:
www.regulations.gov

Agency Contact: Patricia W. Silvey, Director, Office of Standards, 
Regulations, and Variances, Department of Labor, Mine Safety and Health 
Administration, 1100 Wilson Boulevard, Room 2350, Arlington, VA 22209-
3939
Phone: 202 693-9440
Fax: 202 693-9441
Email: [email protected]

RIN: 1219-AB41
_______________________________________________________________________




1820. 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: MSHA is reviewing 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 89 (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 
existing 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
Final Action                    04/00/08

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

URL For More Information:
www.msha.gov/regsinfo.htm www.regulations.gov

URL For Public Comments:
www.regulations.gov

Agency Contact: Patricia W. Silvey, Director, Office of Standards, 
Regulations, and Variances, Department of Labor, Mine Safety and Health 
Administration, 1100 Wilson Boulevard, Room 2350, Arlington, VA 22209-
3939
Phone: 202 693-9440
Fax: 202 693-9441
Email: [email protected]

RIN: 1219-AB43
_______________________________________________________________________




1821. CONTINUOUS PERSONAL DUST MONITORS

Priority: Other Significant

Legal Authority: 30 USC 811

CFR Citation: Not Yet Determined

Legal Deadline: None

Abstract: On June 24, 2003, MSHA announced that all work on its Plan 
Verification and Single-Sample Respirable Coal Mine Dust final rules 
would cease and the rulemaking record would remain open in order to 
obtain information concerning Continuous Personal Dust Monitors (CPDMs) 
currently being tested by NIOSH. A Federal Register notice was 
published on July 3, 2003, extending the comment periods indefinitely. 
NIOSH issued a report on the CPDM in September 2001. MSHA will solicit 
public input on potential applications of this new monitoring 
technology in coal mines.

Statement of Need: Respirable coal mine dust levels in this country are 
significantly lower than they were over two decades ago. Despite this 
progress, there continues to be concern about our current sampling 
program and MSHA's ability to accurately measure and maintain 
respirable coal mine dust at or below the applicable standard. The new 
CPDM, unlike the technology that has been employed since 1970 to 
measure concentrations of respirable coal mine dust, offers the 
capability to provide accurate and timely continuous readings of the 
dust level during a shift. Responses to this Request for Information 
(RFI) will assist the Agency in determining: (1) how to deploy the CPDM 
in coal mines and utilize its coal dust monitoring capability to 
further improve miner health protection from disabling occupational 
lung disease; and (2) the regulatory and non-regulatory actions that 
would promote its use for exposure monitoring and control.

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

[[Page 22859]]

Alternatives: This RFI would explore options for amending and improving 
health protection from that afforded by the existing standards.

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

Risks: Respirable coal dust is one of the most serious occupational 
hazards in the mining industry. Occupational exposure to excessive 
levels of respirable coal mine dust can cause black lung, which is 
potentially disabling and can cause death. MSHA is pursuing both 
regulatory and nonregulatory actions to eliminate this disease through 
the control of coal mine respirable dust levels in mines and reduction 
of miners' exposure.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Request for Information          To Be                       Determined

Regulatory Flexibility Analysis Required: No

Small Entities Affected: Businesses

Government Levels Affected: None

URL For More Information:
www.msha.gov/regsinfo.htm www.regulations.gov

URL For Public Comments:
www.regulations.gov

Agency Contact: Patricia W. Silvey, Director, Office of Standards, 
Regulations, and Variances, Department of Labor, Mine Safety and Health 
Administration, 1100 Wilson Boulevard, Room 2350, Arlington, VA 22209-
3939
Phone: 202 693-9440
Fax: 202 693-9441
Email: [email protected]

Related RIN: Related to 1219-AB14, Related to 1219-AB18
RIN: 1219-AB48
_______________________________________________________________________


Department of Labor (DOL)                             Completed Actions


Mine Safety and Health Administration (MSHA)



_______________________________________________________________________




1822. EMERGENCY MINE EVACUATION

Priority: Economically Significant. Major under 5 USC 801.

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

Legal Authority: 30 USC 811; 30 USC 813; 30 USC 825; 30 USC 876

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

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

Abstract: The Mine Safety and Health Administration (MSHA) published an 
emergency temporary standard on March 9, 2006. Under section 101(b) of 
the Federal Mine Safety and Health Act of 1977 (Mine Act) the emergency 
temporary standard was effective immediately. MSHA, however, must 
publish a final rule no later than nine months after publication of an 
emergency temporary standard in accordance with section 101(b) of the 
Mine Act. MSHA has issued a final rule. The final rule incorporated 
relevant requirements of the Mine Improvement and New Emergency 
Response Act (MINER Act) of 2006. The final rule included requirements 
for immediate accident notification applicable to all underground and 
surface mines. The final rule also addressed requirements for self-
contained self-rescuer storage and use; emergency evacuation and self-
rescuer training and drills; and the installation and maintenance of 
lifelines that are applicable to all underground coal mines.

Statement of Need: MSHA issued the emergency temporary standard, which 
focused on the evacuation of underground coal mines and immediate 
accident notification, applicable to all underground and surface mines, 
to fill a critical need when a mine emergency occurs. Because the 
emergency temporary standard was immediately effective, MSHA gained 
experience with the rule. MSHA affirms that the requirements 
implemented under the emergency temporary standard provide all miners 
additional critical protection through prompt accident reporting and, 
in addition, provide all underground coal miners additional critical 
tools and training to complete a successful mine evacuation.

Summary of Legal Basis: Promulgation of this regulation is authorized 
by section 101 of the Federal Mine Safety and Health Act of 1977 and 
the Mine Improvement and New Emergency Response Act of 2006 (Public Law 
109-236).

Alternatives: This final rule provided: (1) the safety protections 
afforded to miners by the existing temporary standard; and (2) 
additional protections through implementation of parts of the MINER 
Act.

Anticipated Cost and Benefits: The anticipated costs and benefits of 
the final rule focus on miners having the tools to successfully escape 
a serious mine accident that requires emergency evacuation of the mine. 
MSHA prepared a regulatory economic analysis for the final rule.

Risks: Mining continues to be one of the most hazardous occupations in 
the United States. In calendar year 2004, there were 634 underground 
coal mine operators employing 33,490 miners and 3,697 contractor 
workers who work underground in coal mines. In total, there were 
214,450 miners and 72,739 contract workers who work in the 14,480 U.S. 
mines. In 2004, 56 miners died in mining accidents, over 8,000 miners 
suffered nonfatal injuries resulting in lost work days; and over 3,400 
miners suffered injuries that resulted in no lost work days. The final 
rule requirements provide underground coal miners necessary tools to 
successfully escape a serious mine accident.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Emergency Temporary Standard    03/09/06                    71 FR 12252
Emergency Temporary Standard 
Effective                       04/10/06
Change of Public Hearing Dates  03/27/06                    71 FR 15028
Emergency Mine Evacuation Public 
Hearing                         04/24/06
Emergency Mine Evacuation Public 
Hearing                         04/26/06
Emergency Mine Evacuation Public 
Hearing                         04/28/06

[[Page 22860]]

Emergency Mine Evacuation Public 
Hearing                         05/09/06
Comment Period Extended         05/24/06                    71 FR 29785
Comment Period End              06/29/06
Final Action                    12/08/06                    71 FR 71430
Final Action Effective          12/08/06

Regulatory Flexibility Analysis Required: No

Small Entities Affected: Businesses

Government Levels Affected: None

Agency Contact: Patricia W. Silvey, Director, Office of Standards, 
Regulations, and Variances, Department of Labor, Mine Safety and Health 
Administration, 1100 Wilson Boulevard, Room 2350, Arlington, VA 22209-
3939
Phone: 202 693-9440
Fax: 202 693-9441
Email: [email protected]

RIN: 1219-AB46
_______________________________________________________________________




1823. CRITERIA AND PROCEDURES FOR PROPOSED ASSESSMENT OF CIVIL PENALTIES

Priority: Other Significant

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

CFR Citation: 30 CFR 100

Legal Deadline: Final, Statutory, December 30, 2006.
The MINER Act established a deadline of December 30, 2006, for MSHA to 
complete the Civil Penalties rulemaking. MSHA did not meet that 
deadline, but the agency has been applying the higher MINER Act 
penalties since the date of enactment.

Abstract: MSHA is proposing to amend its civil penalty regulations to 
increase penalty amounts, to revise the process for proposing civil 
penalties and to implement requirements of the Mine Improvement and New 
Emergency Response Act (MINER Act) of 2006. The key civil penalty 
provisions of the MINER Act are: minimum penalties of $2,000 for 
unwarrantable failure violations and $4,000 for repeated similar 
violations; penalties of $5,000 to $60,000 for failure to timely notify 
MSHA of a death, injury, or entrapment with a reasonable potential to 
cause death; and penalties of up to $220,000 for ``flagrant'' 
violations.

Statement of Need: A recent upward trend in citations for violations of 
MSHA's safety and health regulations, coupled with several tragic 
accidents in 2006, have called into question the effectiveness of the 
current civil penalty regulations. Congress responded by passing the 
MINER Act to provide MSHA with statutory authority to change the civil 
penalty regulations. As a result the final rule strengthens the 
existing regulations, improves miner safety and health, and reduces 
fatalities.

Summary of Legal Basis: This regulation is authorized by the Federal 
Mine Safety and Health Act of 1977 and the MINER Act of 2006.

Alternatives: The Agency considered a variety of approaches for 
calculating civil penalties and is publishing the approach that it 
believes best achieves the objectives of the Agency.

Anticipated Cost and Benefits: Using 2005 violation and assessment data 
as a baseline, MSHA estimated that all violations in 2005, if assessed 
under the final rule, would result in approximately $69.3 million in 
penalties annually, which is an increase of $44.5 million. However, 
MSHA projected that the higher penalties will induce operators to 
increase compliance efforts, which would cost an estimated $9.5 million 
and decrease the number of violations by approximately 20 percent. The 
resulting increase in penalties is estimated to be approximately $22.1 
million. In addition, a new provision requiring a written request for 
safety and health conferences will have an annual cost of approximately 
$0.1 million. Taking all of these effects into account, the total cost 
of the rule would be $31.6 million yearly.

MSHA believes the projected increased compliance with health and safety 
regulations would result in fewer injuries and fatalities, but these 
benefits have not been scientifically established. Accordingly, MSHA 
did not prepare a quantitative estimate of the expected reduction in 
injuries and fatalities.

Risks: The Mine Act imposes civil penalties as a means of ensuring 
compliance with the requirements of the Act. The Congress intended that 
the imposition of civil penalties would induce mine operators to be 
proactive in their approach to mine safety and health, and take 
necessary action to prevent safety and health hazards before they 
occur. According to MSHA's 2005 production data, this regulation 
applies to 14,666 mine operators and 6,585 independent contractors, as 
well as the 261,449 miners and 83,267 contract workers they employ.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            09/08/06                    71 FR 53054
NPRM Comment Period End         10/23/06
NPRM Comment Period Reopened    10/26/06                    71 FR 62572
NPRM Comment Period End         11/09/06
Final Action                    03/22/07                    72 FR 13592
Final Action Effective          04/23/07

Regulatory Flexibility Analysis Required: No

Small Entities Affected: Businesses

Government Levels Affected: None

URL For More Information:
www.msha.gov/regsinfo.htm www.regulations.gov

URL For Public Comments:
www.regulations.gov

Agency Contact: Patricia W. Silvey, Director, Office of Standards, 
Regulations, and Variances, Department of Labor, Mine Safety and Health 
Administration, 1100 Wilson Boulevard, Room 2350, Arlington, VA 22209-
3939
Phone: 202 693-9440
Fax: 202 693-9441
Email: [email protected]

RIN: 1219-AB51

[[Page 22861]]

_______________________________________________________________________


Department of Labor (DOL)                                 Prerule Stage


Occupational Safety and Health Administration (OSHA)



_______________________________________________________________________




1824. 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 50[micro]/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 2 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 
workers, 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     09/00/07

Regulatory Flexibility Analysis Required: Yes

Small Entities Affected: Businesses

Government Levels Affected: Undetermined

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

RIN: 1218-AB70
_______________________________________________________________________




1825. 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 22862]]

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          09/00/07

Regulatory Flexibility Analysis Required: Yes

Small Entities Affected: Businesses

Government Levels Affected: None

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

RIN: 1218-AB76
_______________________________________________________________________




1826. 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 
of 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            03/05/07                     72 FR 9716
Stakeholders Meeting            04/00/07

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: Undetermined

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

RIN: 1218-AC11
_______________________________________________________________________




1827. EMERGENCY RESPONSE AND PREPAREDNESS

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

Unfunded Mandates: Undetermined

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

CFR Citation: 29 CFR 1910

Legal Deadline: None

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

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Request for Information         07/00/07

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: Undetermined

Federalism:  Undetermined

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

[[Page 22863]]

Email: [email protected]

RIN: 1218-AC17
_______________________________________________________________________




1828. 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              09/06/05                    70 FR 32739
End Review                      07/00/07

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, Room N 3641, Washington, DC 20210
Phone: 202 693-2225
Fax: 202 693-1641
Email: [email protected]

RIN: 1218-AC18
_______________________________________________________________________




1829. 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 Part 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 
requires PSDI systems to be validated by an OSHA-certified third party, 
and no organization has agreed to validate PSDI installations. OSHA 
performed a lookback 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 the 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.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           04/00/07

Regulatory Flexibility Analysis Required: Undetermined

Small Entities Affected:  Businesses

Government Levels Affected: Undetermined

Federalism:  Undetermined

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

RIN: 1218-AC22
_______________________________________________________________________




1830. METHYLENE CHLORIDE (SECTION 610 REVIEW)

Priority: Substantive, Nonsignificant

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

CFR Citation: 29 CFR 1910.1052

Legal Deadline: None

Abstract: OSHA will undertake a review of the Methylene Chloride 
Standard (29 CFR 1910.1052) 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, 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 evaluated.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Begin Review                    12/01/06
Request for Comments            06/00/07
End Review                      06/00/08

Regulatory Flexibility Analysis Required: No

Small Entities Affected: 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, Room N 3641, Washington, DC 20210
Phone: 202 693-2225
Fax: 202 693-1641
Email: [email protected]

RIN: 1218-AC23

[[Page 22864]]

_______________________________________________________________________


Department of Labor (DOL)                           Proposed Rule Stage


Occupational Safety and Health Administration (OSHA)



_______________________________________________________________________




1831. 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                            08/00/07

Regulatory Flexibility Analysis Required: Yes

Small Entities Affected: Businesses

Government Levels Affected: Undetermined

Agency Contact: Steven F. Witt, Director, Directorate of Construction, 
Department of Labor, Occupational Safety and Health Administration, 200 
Constitution Avenue NW., Room N-3467, FP Building, Washington, DC 20210
Phone: 202 693-2020
Fax: 202 693-1678

RIN: 1218-AB47
_______________________________________________________________________




1832. 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                            06/00/07

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

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

RIN: 1218-AB50
_______________________________________________________________________




1833. CRANES AND DERRICKS

Priority: Other Significant. Major under 5 USC 801.

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

CFR Citation: 29 CFR 1926

Legal Deadline: None

Abstract: A number of industry stakeholders asked OSHA to update the 
cranes and derricks portion of subpart N (29 CFR 1926.550), 
specifically requesting that negotiated rulemaking be used.
In 2002 OSHA published a notice of intent to establish a negotiated 
rulemaking committee. A year later, in 2003, committee members were 
announced and the Cranes and Derricks Negotiated Rulemaking Committee 
was established and held its first meeting. In July 2004, the committee 
reached consensus on all issues resulting in a final consensus 
document.

Statement of Need: There have been considerable technological changes 
since the consensus standards upon which the 1971 OSHA standard is 
based were developed. In addition, industry consensus standards for 
derricks and crawler, truck and locomotive cranes were updated as 
recently as 2004.

The industry indicated that over the past 30 years, considerable 
changes in both work processes and crane technology have occurred. 
There are estimated to be 64 to 82 fatalities associated with cranes 
each year in construction, and a more up-to-date standard would help 
prevent them.

Summary of Legal Basis: The Occupational Safety and Health Act of 1970 
authorizes the Secretary of Labor to set mandatory occupational safety 
and health standards to assure safe and healthful working conditions 
for working men and women (29 USC 651).

Alternatives: The alternative to the proposed rulemaking would be to 
take no regulatory action and not update the standards in 29 CFR 
1926.550 pertaining to cranes and derricks.

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

Risks: OSHA's risk analysis is under development.

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 Report                   10/17/06
NPRM                            10/00/07

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: Undetermined

Agency Contact: Steven F. Witt, Director, Directorate of Construction, 
Department of Labor, Occupational

[[Page 22865]]

Safety and Health Administration, 200 Constitution Avenue NW., Room N-
3467, FP Building, Washington, DC 20210
Phone: 202 693-2020
Fax: 202 693-1678

RIN: 1218-AC01
_______________________________________________________________________




1834. UPDATING OSHA STANDARDS BASED ON NATIONAL CONSENSUS STANDARDS

Priority: Other Significant

Legal Authority: 29 USC 655(b)

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

Legal Deadline: None

Abstract: Under section 6(a) of the OSH Act, during the first two years 
of the Act, the Agency was directed to adopt national consensus 
standards as OSHA standards. Some of these standards were adopted as 
regulatory text, while others were incorporated by reference. In the 
more than 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                            05/00/07
Direct Final Rule               06/00/07

Regulatory Flexibility Analysis Required: No

Government Levels Affected: Undetermined

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

RIN: 1218-AC08
_______________________________________________________________________




1835. 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                            04/00/07
Analyze Record                  08/00/07

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: Undetermined

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

RIN: 1218-AC09
_______________________________________________________________________




1836. 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                           12/21/06                    71 FR 76623
Analyze Record                  04/00/07

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: Undetermined

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

RIN: 1218-AC19

[[Page 22866]]

_______________________________________________________________________




1837. HAZARD COMMUNICATION

Priority: Other Significant

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

Statement of Need: Multiple sets of requirements for labels and safety 
data sheets present a compliance burden for U.S. manufacturers, 
distributors and transports involved in international trade. Adoption 
of the GHS would facilitate international trade in chemicals, reduce 
the burdens caused by having to comply with differing requirements for 
the same product, and allow companies that have not had the resources 
to deal with those burdens to be involved in international trade. This 
is particularly important for small producers who may be precluded 
currently from international trade because of the compliance resources 
required to address the extensive regulatory requirements for 
classification and labeling of chemicals. Thus every producer is likely 
to experience some benefits from domestic harmonization, in addition to 
the benefits that will accrue to producers involved in international 
trade.

Additionally, comprehensibility of hazard information will be enhanced 
as the GHS will: (1) Provide consistent information and definitions for 
hazardous chemicals; (2) address stakeholder concerns regarding the 
need for a standardized format for material safety data sheets; and (3) 
increase understanding by using standardized pictograms and harmonized 
hazard statements.
Several nations, as well as the European Union, are preparing proposals 
for adoption of the GHS. US manufacturers, employers, and employees 
will be at a disadvantage in the event that our system of hazard 
communication is not compliant with the GHS.

Summary of Legal Basis: The Occupational Safety and Health Act of 1970 
authorizes the Secretary of Labor to set mandatory occupational safety 
and health standards to assure safe and healthful working conditions 
for working men and women (29 U.S.C. 651).

Alternatives: The alternative to the proposed rulemaking would be to 
take no regulatory action.

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

Risks: OSHA's risk analysis is under development.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           09/12/06                    71 FR 53617
ANPRM Comment Period End        11/13/06
Complete Peer Review of Economic 
Analysis                        08/00/07

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: None

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

RIN: 1218-AC20
_______________________________________________________________________




1838. NATIONALLY RECOGNIZED TESTING LABORATORIES FEE SCHEDULE - REVISED 
APPROACH

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

Legal Authority: 31 USC 9701; 29 USC 653; 29 USC 655; 29 USC 657

CFR Citation: Not Yet Determined

Legal Deadline: None

Abstract: The Occupational Safety and Health Administration is 
proposing to adjust the fees that the Agency charges

[[Page 22867]]

for the services it provides to Nationally Recognized Testing 
Laboratories (NRTLs). A number of OSHA standards require that certain 
products and equipment used in the workplace be tested and certified by 
an
organization that has been recognized by OSHA. OSHA requires NRTL 
applicants to provide detailed and comprehensive information about 
their programs, processes, and procedures in writing when they apply. 
OSHA reviews the written information and conducts an on-site assessment 
to determine whether the organization meets the requirements of 29 CFR 
1910.7. OSHA uses a similar process when an NRTL applies for expansion 
or renewal of its recognition. In addition, the Agency conducts annual 
audits to ensure that the recognized laboratories maintain their 
programs and continue to meet the recognition requirements.
In 2000, OSHA began charging NRTLs for the services it provides them. 
The services are processing of NRTL applications and audits of NRTL 
operations, and they define the fundamental functions of the NRTL 
Program. OSHA has determined that its current NRTL fee schedule does 
not recoup the full costs of the services performed because it does not 
recover certain indirect costs of those services. These indirect costs 
stem from attendant activities and accrue to the benefit of those 
services. OSHA's proposed fee schedule would account for these indirect 
costs. In determining the revised fee structure, OSHA will follow the 
guidelines established by the Office of Management and Budget in 
Circular Number A-25.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            07/00/07

Regulatory Flexibility Analysis Required: No

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-AC27
_______________________________________________________________________


Department of Labor (DOL)                              Final Rule Stage


Occupational Safety and Health Administration (OSHA)



_______________________________________________________________________




1839. 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 February 13, 2004, and an informal public hearing was held on 
July 29 to 30, 2004. The rulemaking record was open through November 
30, 2004. 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 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                    12/00/07

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

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

RIN: 1218-AA56
_______________________________________________________________________




1840. 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

[[Page 22868]]

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 was held March 6 to 14, 2006.

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
Final Action                    01/00/08

Regulatory Flexibility Analysis Required: Yes

Small Entities Affected: Businesses

Government Levels Affected: Local

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

RIN: 1218-AB67
_______________________________________________________________________




1841. 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 July 8, 2004, to 
get input on issues related to PPE considered to be a ``tool of the 
trade.'' The comment period ended August 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                    11/00/07

Regulatory Flexibility Analysis Required: No

Small Entities Affected: Businesses

Government Levels Affected: Federal, Local, State

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

RIN: 1218-AB77
_______________________________________________________________________




1842. PROCEDURES FOR HANDLING DISCRIMINATION COMPLAINTS UNDER FEDERAL 
EMPLOYEE PROTECTION STATUTES

Priority: Other Significant

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 
U.S.C. section 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 CFR 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              04/00/07
Interim Final Rule Comment 
Period End                      04/00/07

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, FP Building N3610, 200 Constitution Avenue NW., 
Washington, DC 20210
Phone: 202 693-2531
Fax: 202 693-2369

RIN: 1218-AC25

[[Page 22869]]

_______________________________________________________________________


Department of Labor (DOL)                             Long-Term Actions


Occupational Safety and Health Administration (OSHA)



_______________________________________________________________________




1843. 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                            04/00/08

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: None

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

RIN: 1218-AB80
_______________________________________________________________________




1844. 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, Director, Directorate of Standards 
and Guidance, Department of Labor, Occupational Safety and Health 
Administration, 200 Constitution Avenue NW., FP Building, Room N 3718, 
Washington, DC 20210
Phone: 202 693-1950
Fax: 202 693-1678
Email: [email protected]

RIN: 1218-AB89
_______________________________________________________________________


Department of Labor (DOL)                             Completed Actions


Occupational Safety and Health Administration (OSHA)



_______________________________________________________________________




1845. REVISION AND UPDATE OF SUBPART S--ELECTRICAL STANDARDS

Priority: Other Significant

Legal Authority: 29 USC 655(b)

CFR Citation: 29 CFR 1910

Legal Deadline: None

Abstract: The Occupational Safety and Health Administration (OSHA) 
proposed to revise and update its 29 CFR 1910 subpart S--Electrical 
Standards. OSHA relied 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. An NPRM was published on April 5, 2004. The first stage covers 
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

[[Page 22870]]

Final Rule                      02/14/07                     72 FR 7136
Final Action Effective          08/13/07

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

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

RIN: 1218-AB95
_______________________________________________________________________




1846. 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                      03/29/07                    72 FR 14727

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, Room N 3641, Washington, DC 20210
Phone: 202 693-2225
Fax: 202 693-1641
Email: [email protected]

RIN: 1218-AC02
_______________________________________________________________________




1847. 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

________________________________________________________________________

NPRM                            10/17/06                    71 FR 60932
Direct Final Rule               10/17/06                    71 FR 60843
NPRM Comment Period End         11/16/06
Review Comments                 12/29/06
Direct Final Rule Effective     01/16/07                        72 FR 7

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

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

RIN: 1218-AC16
_______________________________________________________________________




1848. NOTICE ON SUPPLIER'S DECLARATION OF CONFORMITY (SDOC)

Priority: Info./Admin./Other

Legal Authority: 29 USC 655(b)

CFR Citation: 29 CFR 1910

Legal Deadline: None

Abstract: OSHA requested 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 by an NRTL. Under SDoC, manufacturers self-
approve their products.
Based upon the review and analysis of the information gathered during 
the RFI process, OSHA has confirmed that its third-party approval 
requirements are effective in safeguarding product safety in the 
workplace. OSHA has decided to take no further action on the proposal 
and to withdraw this agenda item from the Regulatory Agenda.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Request for Information         11/15/05                    70 FR 69355
RFI Comment Period End          02/13/06
Review Comments                 11/01/06
End Review                      11/01/06
Withdrawn                       12/29/06

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

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

[[Page 22871]]

_______________________________________________________________________


Department of Labor (DOL)                              Final Rule Stage


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



_______________________________________________________________________




1849. JOBS FOR VETERANS ACT OF 2002: CONTRACT THRESHOLD AND ELIGIBILITY 
GROUPS FOR FEDERAL CONTRACTOR PROGRAM

Priority: Other Significant

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

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            08/08/06                    71 FR 44945
NPRM Comment Period End         10/10/06
Final Action                    07/00/07

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
[FR Doc. 07-01418 Filed 04-27-07; 8:45 am]
BILLING CODE 4510-23-S
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