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


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Part XI





Department of Labor





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Semiannual Regulatory Agenda

[[Page 21824]]



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 2010 and April 2011, 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 of 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.

    In addition, beginning with the fall 2007 edition, the Internet 
will be the basic means for disseminating the Unified Agenda. The 
complete Unified Agenda will be available online at 
www.reginfo.gov, in a format that offers users a greatly enhanced 
ability to obtain information from the Agenda database.

    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

     Methylene Chloride (RIN 1218-AC23)

    Bloodborne Pathogens (RIN 1218-AC34)

    All interested members of the public are invited and encouraged 
to let departmental officials know how our regulatory efforts can 
be improved, and are invited to participate in and comment on the 
review or development of the regulations listed on the agenda.

    For this edition of the Department of Labor's regulatory 
agenda, the most important significant regulatory actions and a 
Statement of Regulatory Priorities are included in the Regulatory 
Plan, which appears in both the online Unified Agenda and in part 
II of the Federal Register that includes the Unified Agenda.

 Hilda L. Solis,

Secretary of Labor.

                          Office of Federal Contract Compliance Programs--Prerule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
204         Affirmative Action and Nondiscrimination Obligations of Contractors and                   1250-AA02
            Subcontractors: Evaluation of Recruitment and Placement Results Under Section 503.....
----------------------------------------------------------------------------------------------------------------


                       Office of Federal Contract Compliance Programs--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
205         Affirmative Action and Nondiscrimination Obligations of Contractors and                   1250-AA00
            Subcontractors; Evaluation of Recruitment and Placement Results Under the VEVRAA of
            1974, As Amended......................................................................

[[Page 21825]]

 
206         Construction Contractor Affirmative Action Requirements...............................    1250-AA01
----------------------------------------------------------------------------------------------------------------


                               Office of Labor Management Standards--Prerule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
207         Internet Balloting in Union Officer Elections.........................................    1245-AA04
----------------------------------------------------------------------------------------------------------------


                            Office of Labor Management Standards--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
208         Labor Organization Officer and Employee Report (Form LM-30)...........................    1245-AA01
209         Form T-1: Reports by Labor Organizations on Related Organizations; Reporting by Public    1245-AA02
            Sector Intermediate Unions............................................................
210         Persuader Agreements: Employer and Labor Consultant Reporting Under the LMRDA.........    1245-AA03
----------------------------------------------------------------------------------------------------------------


                             Office of Labor Management Standards--Final Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
211         Notification of Employee Rights Under Federal Labor Laws..............................    1245-AA00
----------------------------------------------------------------------------------------------------------------


                          Office of Worker's Compensation Program--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
212         Defense Base Act Waivers..............................................................    1240-AA01
213         Regulations Implementing the Longshore and Harbor Workers' Compensation Act:              1240-AA02
            Recreational Vessels..................................................................
214         Claims for Compensation Under the Federal Employees' Compensation Act.................    1240-AA03
----------------------------------------------------------------------------------------------------------------


                            Office of Worker's Compensation Program--Final Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
215         Death Gratuity Authorized for Federal Employees.......................................    1240-AA00
----------------------------------------------------------------------------------------------------------------


                                   Wage and Hour Division--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
216         Nondisplacement of Qualified Workers Under Service Contracts..........................    1235-AA02
217         The Family and Medical Leave Act of 1993, as Amended..................................    1235-AA03
218         Records To Be Kept by Employers Under the Fair Labor Standards Act....................    1235-AA04
----------------------------------------------------------------------------------------------------------------


[[Page 21826]]


                                    Wage and Hour Division--Final Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
219         Amendments to the Fair Labor Standards Act............................................    1235-AA00
220         Child Labor Regulations, Orders, and Statements of Interpretation.....................    1235-AA01
----------------------------------------------------------------------------------------------------------------


                                    Wage and Hour Division--Long-Term Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
221         Application of the Fair Labor Standards Act to Domestic Service.......................    1235-AA05
----------------------------------------------------------------------------------------------------------------


                             Employment Standards Administration--Completed Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
222         Notification of Employee Rights Under Federal Labor Laws..............................    1215-AB70
223         Form T-1: Reports by Labor Organizations on Related Organizations; Reporting by Public    1215-AB75
            Sector Intermediate Unions............................................................
224         Persuader Agreements: Employer and Labor Consultant Reporting Under the LMRDA.........    1215-AB79
----------------------------------------------------------------------------------------------------------------


                          Employee Benefits Security Administration--Completed Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
225         Amendment of Regulation Relating to Definition of Plan Assets--Participant                1210-AB02
            Contributions.........................................................................
226         Participant Contributions 610 Regulation Review (Completion of a Section 610 Review)..    1210-AB11
----------------------------------------------------------------------------------------------------------------


                          Occupational Safety and Health Administration--Prerule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
227         Occupational Exposure to Beryllium....................................................    1218-AB76
228         Methylene Chloride (Section 610 Review)...............................................    1218-AC23
229         Occupational Exposure to Diacetyl and Food Flavorings Containing Diacetyl.............    1218-AC33
230         Bloodborne Pathogens (610 Review) (Section 610 Review)................................    1218-AC34
----------------------------------------------------------------------------------------------------------------


                       Occupational Safety and Health Administration--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
231         Confined Spaces in Construction.......................................................    1218-AB47
232         Occupational Exposure to Crystalline Silica...........................................    1218-AB70
----------------------------------------------------------------------------------------------------------------


                         Occupational Safety and Health Administration--Final Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
233         Electric Power Transmission and Distribution; Electrical Protective Equipment.........    1218-AB67

[[Page 21827]]

 
234         Cranes and Derricks in Construction...................................................    1218-AC01
----------------------------------------------------------------------------------------------------------------

_______________________________________________________________________


Department of Labor (DOL)                                 Prerule Stage


Office of Federal Contract Compliance Programs (OFCCP)



_______________________________________________________________________




204. AFFIRMATIVE ACTION AND NONDISCRIMINATION OBLIGATIONS OF CONTRACTORS 
AND SUBCONTRACTORS: EVALUATION OF RECRUITMENT AND PLACEMENT RESULTS 
UNDER SECTION 503

Priority: Substantive, Nonsignificant

Legal Authority: 29 USC 706 and 793; EO 11758 (3 CFR 1971 to 1975 Comp 
p 841)

CFR Citation: 41 CFR 60-741

Legal Deadline: None

Abstract: This Advance Notice of Proposed Rulemaking (ANPRM) seeks 
information regarding 41 CFR parts 60 to 741. In particular, the ANPRM 
invites public comments in respect to improving employment 
opportunities for individuals with disabilities. Further, the ANPRM 
will request information on how Federal contractors and subcontractors 
can conduct more substantive analyses and fully monitor their 
recruitment and placement efforts on behalf of individuals with 
disabilities.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           12/00/10

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: None

Federalism:  Undetermined

Agency Contact: Sandra M. Dillon, Deputy Director, Division of Policy, 
Planning and Program Development, Department of Labor, Office of 
Federal Contract Compliance Programs, 200 Constitution Avenue NW., 
N3422, Washington, DC 20210
Phone: 202 693-0102
Email: [email protected]

Related RIN: Previously reported as 1215-AB77
RIN: 1250-AA02
_______________________________________________________________________


Department of Labor (DOL)                           Proposed Rule Stage


Office of Federal Contract Compliance Programs (OFCCP)



_______________________________________________________________________




205. AFFIRMATIVE ACTION AND NONDISCRIMINATION OBLIGATIONS OF CONTRACTORS 
AND SUBCONTRACTORS; EVALUATION OF RECRUITMENT AND PLACEMENT RESULTS 
UNDER THE VEVRAA OF 1974, AS AMENDED

Priority: Substantive, Nonsignificant

Legal Authority: 29 USC 793; 38 USC 4211 (2001) (amended 2002); 38 USC 
4212 (2001) (amended 2002); EO 11758 (3 CFR 1971 to 1975 Comp, p 841)

CFR Citation: 41 CFR 60-250 and 60-300

Legal Deadline: None

Abstract: This Notice of Proposed Rulemaking (NPRM) would revise the 
regulations in 41 CFR parts 60-250 and 60-300, implementing the 
nondiscrimination and affirmative action provisions of VEVRAA. This 
NPRM would strengthen the affirmative action requirements for Federal 
contractors and subcontractors. The NPRM would amend the regulations to 
require that Federal contractors and subcontractors conduct more 
substantive analyses of recruitment and placement actions taken under 
VEVRAA and would require the use of numerical targets to measure the 
effectiveness of affirmative action efforts. The NPRM would also make 
revisions to recordkeeping requirements.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            12/00/10

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: None

Federalism:  Undetermined

Agency Contact: Sandra M. Dillon, Deputy Director, Division of Policy, 
Planning and Program Development, Department of Labor, Office of 
Federal Contract Compliance Programs, 200 Constitution Avenue NW., 
N3422, Washington, DC 20210
Phone: 202 693-0102
Email: [email protected]

Related RIN: Previously reported as 1215-AB80
RIN: 1250-AA00
_______________________________________________________________________




206. CONSTRUCTION CONTRACTOR AFFIRMATIVE ACTION REQUIREMENTS

Priority: Substantive, Nonsignificant

Legal Authority: sec 201, 202, 205, 211, 301, 302, and 303 of EO 11246, 
as amended; 30 FR 12319; 32 FR 14303, as amended by EO 12086

CFR Citation: 41 CFR 60-1; 41 CFR 60-4

Legal Deadline: None

Abstract: This Notice of Proposed Rulemaking (NPRM) would revise the 
regulations in 41 CFR parts 60-1 and 60-4 implementing the affirmative 
action requirements of Executive Order 11246 that are applicable to 
Federal and federally assisted construction contractors. This NPRM 
would remove outdated regulatory provisions and

[[Page 21828]]

update the provisions in the regulations that set forth the actions 
construction contractors are required to take to implement their 
affirmative action obligations.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            01/00/11

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: None

Federalism:  Undetermined

Agency Contact: Sandra M. Dillon, Deputy Director, Division of Policy, 
Planning and Program Development, Department of Labor, Office of 
Federal Contract Compliance Programs, 200 Constitution Avenue NW., 
N3422, Washington, DC 20210
Phone: 202 693-0102
Email: [email protected]

Related RIN: Previously reported as 1215-AB81
RIN: 1250-AA01
_______________________________________________________________________


Department of Labor (DOL)                                 Prerule Stage


Office of Labor Management Standards (OLMS)



_______________________________________________________________________




207. INTERNET BALLOTING IN UNION OFFICER ELECTIONS

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

Legal Authority: 29 USC 481 and 482

CFR Citation: Not Yet Determined

Legal Deadline: None

Abstract: The Department intends to publish a Request for Information 
regarding the application of title IV of the Labor-Management Reporting 
and Disclosure Act (LMRDA) in the context of Internet balloting in 
union officer elections.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Request for Information         11/00/10

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: None

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

URL For Public Comments:
www.regulations.gov

Agency Contact: Andrew R. Davis, Chief, Division of Interpretations and 
Standards, Office of Labor-Management Standards, Department of Labor, 
Office of Labor Management Standards, 200 Constitution Avenue NW., FP 
Building, Room N-5609, Washington, DC 20210
Phone: 202 693-0123
Fax: 202 693-1340
Email: [email protected]

Related RIN: Previously reported as 1215-AB84
RIN: 1245-AA04
_______________________________________________________________________


Department of Labor (DOL)                           Proposed Rule Stage


Office of Labor Management Standards (OLMS)



_______________________________________________________________________




208. LABOR ORGANIZATION OFFICER AND EMPLOYEE REPORT (FORM LM-30)

Priority: Other Significant

Legal Authority: 29 USC 432 and 438

CFR Citation: 29 CFR 404

Legal Deadline: None

Abstract: The Department intends to review questions of law and policy 
within the recently published changes to the Form LM-30. The Form LM-30 
(Labor Organization Officer and Employee Report) is required by the 
LMRDA. The purpose of the Form, among others, is to identify potential 
conflicts of interest between the labor organization officials and 
their labor organization.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            08/00/10

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Agency Contact: Andrew R. Davis, Chief, Division of Interpretations and 
Standards, Office of Labor-Management Standards, Department of Labor, 
Office of Labor Management Standards, 200 Constitution Avenue NW., FP 
Building, Room N-5609, Washington, DC 20210
Phone: 202 693-0123
Fax: 202 693-1340
Email: [email protected]

Related RIN: Previously reported as 1215-AB74
RIN: 1245-AA01
_______________________________________________________________________




209. FORM T-1: REPORTS BY LABOR ORGANIZATIONS ON RELATED ORGANIZATIONS; 
REPORTING BY PUBLIC SECTOR INTERMEDIATE UNIONS

Priority: Other Significant

Legal Authority: 29 USC 438

CFR Citation: 29 CFR 403

Legal Deadline: None

Abstract: On October 2, 2008, the Department published a final rule 
establishing a Form T-1, Trust Annual Report, which certain labor 
organizations must file to disclose financial information regarding 
trusts in which they are interested pursuant to the Labor-Management 
Reporting and Disclosure Act (LMRDA). This rulemaking would propose to 
rescind the Form T-1. It would instead propose that filers of Form LM-
2, Labor Organization Annual Report, report on their wholly owned, 
wholly controlled and wholly financed organizations (``subsidiary 
organizations'') on their Form LM-2 report. Additionally, the 
rulemaking would propose to change an interpretation of the LMRDA 
regarding intermediate bodies. The proposed revised interpretation 
would state that intermediate bodies are covered only if they are 
themselves composed, in whole or part, of private sector affiliates.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            02/02/10                     75 FR 5456

[[Page 21829]]

NPRM Comment Period End         04/05/10
Final Action                    12/00/10

Regulatory Flexibility Analysis Required: Yes

Small Entities Affected: Organizations

Government Levels Affected: None

Additional Information: Per DOL this RIN was transferred from 1215-
AB75.

Agency Contact: Andrew R. Davis, Chief, Division of Interpretations and 
Standards, Office of Labor-Management Standards, Department of Labor, 
Office of Labor Management Standards, 200 Constitution Avenue NW., FP 
Building, Room N-5609, Washington, DC 20210
Phone: 202 693-0123
Fax: 202 693-1340
Email: [email protected]

Related RIN: Previously reported as 1215-AB75
RIN: 1245-AA02
_______________________________________________________________________




210. PERSUADER AGREEMENTS: EMPLOYER AND LABOR CONSULTANT REPORTING UNDER 
THE LMRDA

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

Legal Authority: 29 USC 433; 29 USC 438

CFR Citation: 29 CFR 405; 29 CFR 406

Legal Deadline: None

Abstract: The Department intends to publish notice and comment 
rulemaking seeking consideration of a revised interpretation of section 
203(c) of the Labor-Management Reporting and Disclosure Act (LMRDA). 
That statutory provision creates an ``advice'' exemption from reporting 
requirements that apply to employers and other persons in connection 
with persuading employees about the right to organize and bargain 
collectively. A proposed revised interpretation would narrow the scope 
of the advice exemption.

Statement of Need: The Department of Labor is proposing a regulatory 
initiative to better implement the public disclosure objectives of the 
Labor-Management Reporting and Disclosure Act (LMRDA) regarding 
employer-consultant agreements to persuade employees concerning their 
rights to organize and bargain collectively. Under LMRDA section 203, 
an employer must report any agreement or arrangement with a third party 
consultant to persuade employees as to their collective bargaining 
rights or to obtain certain information concerning the activities of 
employees or a labor organization in connection with a labor dispute 
involving the employer. The consultant also is required to report 
concerning such an agreement or arrangement with an employer. Statutory 
exceptions to these reporting requirements are set forth in LMRDA 
section 203(c), which provides, in part, that employers and consultants 
are not required to file a report by reason of the consultant's giving 
or agreeing to give ``advice'' to the employer. The Department believes 
that its current policy concerning the scope of the ``advice 
exception'' is overbroad and that a narrower construction would better 
allow for the employer and consultant reporting intended by the LMRDA. 
Regulatory action is needed to provide workers with information 
critical to their effective participation in the workplace.

Summary of Legal Basis: This proposed rulemaking is authorized under 
U.S.C. sections 433 and 438 and applies to regulations at 29 CFR part 
405 and 29 CFR part 406.

Alternatives: Alternatives will be developed and considered in the 
course of notice and comment rulemaking.

Anticipated Cost and Benefits: Anticipated costs and benefits of this 
proposed regulatory initiative have not been assessed and will be 
determined at a later date, as appropriate.

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

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            11/00/10

Regulatory Flexibility Analysis Required: Yes

Small Entities Affected: Businesses

Government Levels Affected: None

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

URL For Public Comments:
www.regulations.gov

Agency Contact: Andrew R. Davis, Chief, Division of Interpretations and 
Standards, Office of Labor-Management Standards, Department of Labor, 
Office of Labor Management Standards, 200 Constitution Avenue NW., FP 
Building, Room N-5609, Washington, DC 20210
Phone: 202 693-0123
Fax: 202 693-1340
Email: [email protected]

Related RIN: Previously reported as 1215-AB79
RIN: 1245-AA03
_______________________________________________________________________


Department of Labor (DOL)                              Final Rule Stage


Office of Labor Management Standards (OLMS)



_______________________________________________________________________




211. NOTIFICATION OF EMPLOYEE RIGHTS UNDER FEDERAL LABOR LAWS

Priority: Other Significant

Legal Authority: EO 13496

CFR Citation: 29 CFR 471

Legal Deadline: None

Abstract: Pursuant to Executive Order 13496 of January 30, 2009, the 
Department of Labor's Employment Standards Administration proposes to 
prescribe the size, form, and content of the notice to be posted by a 
contractor under paragraph 1 of the contract clause described in 
section 2 of the order. Such notice shall describe the rights of 
employees under Federal labor laws, consistent with the policy set 
forth in section 1 of the order.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            08/03/09                    74 FR 38488
NPRM Comment Period End         09/02/09
Final Action                    06/00/10

Regulatory Flexibility Analysis Required: Yes

Small Entities Affected: Businesses

Government Levels Affected: Federal

[[Page 21830]]

Additional Information: Per DOL, this RIN was transferred from 1215-
AB70.

Agency Contact: Andrew R. Davis, Chief, Division of Interpretations and 
Standards, Office of Labor-Management Standards, Department of Labor, 
Office of Labor Management Standards, 200 Constitution Avenue NW., FP 
Building, Room N-5609, Washington, DC 20210
Phone: 202 693-0123
Fax: 202 693-1340
Email: [email protected]

Related RIN: Previously reported as 1215-AB70
RIN: 1245-AA00
_______________________________________________________________________


Department of Labor (DOL)                           Proposed Rule Stage


Office of Worker's Compensation Program (OWCP)



_______________________________________________________________________




212. DEFENSE BASE ACT WAIVERS

Priority: Substantive, Nonsignificant

Legal Authority: 42 USC 1651(e)

CFR Citation: 20 CFR 704

Legal Deadline: None

Abstract: The Defense Base Act (DBA), 42 U.S.C. section 1651 et seq., 
provides workers' compensation benefits for civilian employees of U.S. 
Government contractors injured or killed while working overseas. The 
DBA authorizes the Secretary of Labor to waive application of the DBA 
in any contract, subcontract, location, or class of employees upon the 
recommendation of the head of any department or agency of the U.S. 
Government. 42 U.S.C. section 1651(e). Over the years, DOL has granted 
a variety of waivers without any published rules. This proposed 
regulation would clarify the procedures for agencies to request 
waivers, including who may request a waiver, the format of a waiver 
request, and the supporting information required. The regulation would 
also explain DOL's procedures for reviewing and granting a waiver, 
including the factors DOL considers in granting a waiver and the 
conditions and limitations of any waiver granted.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            03/00/11

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: Federal

Agency Contact: Michael Niss, Director, Division of Longshore and 
Harbor Workers' Compensation, OWCP, Department of Labor, Office of 
Worker's Compensation Program, 200 Constitution Avenue NW., FP 
Building, Room C-4315, Washington, DC 20210
Phone: 202 693-0038
Fax: 202 693-1380
Email: [email protected]

Related RIN: Previously reported as 1215-AB72
RIN: 1240-AA01
_______________________________________________________________________




213. REGULATIONS IMPLEMENTING THE LONGSHORE AND HARBOR WORKERS' 
COMPENSATION ACT: RECREATIONAL VESSELS

Priority: Substantive, Nonsignificant

Legal Authority: 33 USC 939

CFR Citation: 20 CFR 701

Legal Deadline: None

Abstract: The American Recovery and Reinvestment Act of 2009 amended 
the Longshore and Harbor Workers' Compensation Act, 33 U.S.C. 901 to 
950, to exclude from the Act's coverage certain employees who repair 
recreational vessels and who dismantle them for repair, regardless of 
the vessel's length. To implement this amendment, the Department 
anticipates proposing a rule that addresses the definition of 
recreational vessel, coverage of those employees who work in both 
covered employment and employment excluded under the amendment, and the 
interplay between State workers' compensation coverage and Longshore 
Act coverage for those who repair recreational vessels and who 
dismantle them for repair.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            09/00/10

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: Undetermined

Agency Contact: Michael Niss, Director, Division of Longshore and 
Harbor Workers' Compensation, OWCP, Department of Labor, Office of 
Worker's Compensation Program, 200 Constitution Avenue NW., FP 
Building, Room C-4315, Washington, DC 20210
Phone: 202 693-0038
Fax: 202 693-1380
Email: [email protected]

Related RIN: Previously reported as 1215-AB73
RIN: 1240-AA02
_______________________________________________________________________




214. CLAIMS FOR COMPENSATION UNDER THE FEDERAL EMPLOYEES' COMPENSATION 
ACT

Priority: Other Significant

Legal Authority: 5 USC 8149

CFR Citation: 20 CFR 1; 20 CFR 10; 20 CFR 25

Legal Deadline: None

Abstract: ESA's Office of Workers' Compensation Programs (OWCP) plans 
to issue new regulations to update its organizational description to 
reflect the reorganization that will transform OWCP into a stand-alone 
organization reporting directly to the Office of the Secretary of 
Labor. OWCP administers four major disability compensation programs 
that provide wage replacement benefits, medical treatment, vocational 
rehabilitation and other benefits (such as survivors' benefits) to 
certain workers who experience work-related injury or occupational 
disease.
The Federal Employees' Compensation Act (FECA) provides workers' 
compensation benefits to Federal workers for employment-related 
injuries and occupational diseases as well as survivor benefits for a 
covered employee's employment-related death. OWCP plans to update its 
regulations governing administration of claims under the FECA. The last 
comprehensive update of the FECA regulations was undertaken more than 
10 years ago. Since that time a number of improvements have been made 
to OWCP's processing of claims. The regulations will be revised to 
reflect those changes and to incorporate new procedures that will 
enhance OWCP's

[[Page 21831]]

ability to administer FECA. Changes to the regulations will facilitate 
the return to work of injured workers who are able to work by such 
measures as increasing the opportunity for vocational rehabilitation. 
Revisions to the regulations will also enhance OWCP's ability to 
efficiently provide sufficient income and medical care for those who 
are unable to work. The planned regulatory changes will better explain 
the increased automation of the medical billing process; reflect 
changes in procedure, such as FECA's centralized mail processing; and 
also codify changes in case law affecting FECA claims administration. 
OWCP also plans to modernize the provision of compensation for 
employees situated overseas who are neither citizens nor residents of 
the United States to reflect current realities in regard to such 
employees. The regulations will also be revised to reflect a recent 
statutory change to the FECA moving the 3-day waiting period before 
qualifying for wage-loss compensation for employees of the Postal 
Service.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            08/00/10

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Douglas Fitzgerald, Director, Division of Federal 
Employees' Compensation, Office of Workers' Compensation Programs, 
Department of Labor, Office of Worker's Compensation Program, 200 
Constitution Avenue NW., FP Building, Room S-3229, Washington, DC 20210
Phone: 202 693-0040
Fax: 202 693-1497
Email: [email protected]

Related RIN: Previously reported as 1215-AB83
RIN: 1240-AA03
_______________________________________________________________________


Department of Labor (DOL)                              Final Rule Stage


Office of Worker's Compensation Program (OWCP)



_______________________________________________________________________




215. DEATH GRATUITY AUTHORIZED FOR FEDERAL EMPLOYEES

Priority: Other Significant

Legal Authority: PL 110-181 National Defense Authorization Act for FY 
2008

CFR Citation: 20 CFR 10.900 et al

Legal Deadline: None

Abstract: The National Defense Authorization Act for FY 2008, which was 
signed in to law on January 28, 2008, resulted in the creation of a new 
section of the Federal Employees' Compensation Act. This section 
establishes a death gratuity payment of up to $100,000 for federal 
employees who die of injuries incurred in connection with the 
employee's service with an armed force in a contingency operation. This 
bill also contains a provision for retroactivity for employees who died 
on or after October 7, 2001.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              08/18/09                    74 FR 41617
Interim Final Rule Effective    08/18/09
Interim Final Rule Comment 
Period End                      10/19/09
Final Action                    04/00/10

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Jennifer Valdivieso, Acting Chief, Branch of 
Regulations and Procedures, Division of Federal Employees Compensation, 
Department of Labor, Office of Worker's Compensation Program, 400 West 
Bay Street, Room 826, Jacksonville, FL 32202
Phone: 904 357-4754
Fax: 904 357-4779
Email: [email protected]

Related RIN: Previously reported as 1215-AB66
RIN: 1240-AA00
_______________________________________________________________________


Department of Labor (DOL)                           Proposed Rule Stage


Wage and Hour Division (WHD)



_______________________________________________________________________




216. NONDISPLACEMENT OF QUALIFIED WORKERS UNDER SERVICE CONTRACTS

Priority: Other Significant

Legal Authority: EO 13495, sec 4 to 6; 5 USC 301

CFR Citation: 29 CFR 9

Legal Deadline: None

Abstract: Executive Order 13495 of January 30, 2009, Nondisplacement of 
Qualified Workers Under Service Contracts, establishes the policy that 
Federal service contracts generally include a clause requiring the 
contractor and its subcontractors, under a contract that succeeds a 
contract for the same or similar service at the same location, to offer 
qualified employees (except managerial and supervisory personnel) 
employed on the predecessor contract a right of first refusal to 
employment under the successor contract. The order assigns enforcement 
responsibility to the Secretary of Labor and directs the Secretary, in 
consultation with the Federal Acquisition Regulatory Council, to issue 
regulations to implement the order.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            03/19/10                    75 FR 13382
NPRM Comment Period End         05/18/10
Final Action                    12/00/10

Regulatory Flexibility Analysis Required: No

Government Levels Affected: Federal

Agency Contact: Timothy Helm, Government Contracts Branch Chief, 
Division of Enforcement Policy, Department of Labor, 200 Constitution 
Avenue NW., Room S-3502, FP Building, Washington, DC 20210

[[Page 21832]]

Phone: 202 693-0064
Fax: 202 693-1387

Related RIN: Previously reported as 1215-AB69
RIN: 1235-AA02
_______________________________________________________________________




217. THE FAMILY AND MEDICAL LEAVE ACT OF 1993, AS AMENDED

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

Legal Authority: 29 USC 2654

CFR Citation: 29 CFR 825

Legal Deadline: None

Abstract: DOL will propose regulatory changes to implement the National 
Defense Authorization Act for FY 2010, which further expanded the 
existing military leave provisions; and the Airline Flight Crew 
Technical Corrections Act, which expanded FMLA eligibility requirements 
to include airline flight crews.

Statement of Need: The FMLA requires covered employers to grant 
eligible employees up to 12 work weeks 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 
President signed the National Defense Authorization Act for FY 2010 and 
the Airline Flight Crew Technical Corrections Act on October 28, 2009, 
and December 21, 2009, respectively. The Department is reviewing the 
implementation of these statutory amendments and other revisions of the 
current regulations.

Summary of Legal Basis: These regulations are authorized by section 404 
of the Family and Medical Leave Act, 29 U.S.C. 2654.

Alternatives: After completing a review of the implementation of the 
recent statutory amendments to the FMLA regulatory alternatives will be 
developed for notice-and-comment rulemaking.

Anticipated Cost and Benefits: Preliminary estimates of the anticipated 
costs and benefits of this initiative will be determined once 
regulatory alternatives are developed.

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

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            11/00/10

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: Local, State, Tribal

Federalism:  Undetermined

Agency Contact: Helen Applewhaite, Family and Medical Leave Act Branch 
Chief, Division of Enforcement Policy, Department of Labor, 200 
Constitution Avenue NW., Room S-3502, FP Building, Washington, DC 20210
Phone: 202 693-0066
Fax: 202 693-1387

Related RIN: Previously reported as 1215-AB76
RIN: 1235-AA03
_______________________________________________________________________




218. RECORDS TO BE KEPT BY EMPLOYERS UNDER THE FAIR LABOR STANDARDS ACT

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

Legal Authority: 29 USC 211(c)

CFR Citation: 29 CFR 516

Legal Deadline: None

Abstract: The Department of Labor proposes to update the recordkeeping 
regulations under the Fair Labor Standards Act in order to enhance the 
transparency and disclosure to workers of how their pay is computed, 
and to modernize other recordkeeping requirements for employees under 
``telework'' and ``flexiplace'' arrangements.

Statement of Need: The recordkeeping regulation issued under the Fair 
Labor Standards Act (FLSA), 29 CFR part 516, specifies the scope and 
manner of records covered employers must keep that demonstrate 
compliance with minimum wage, overtime, and child labor requirements 
under the FLSA, or the records to be kept that confirm particular 
exemptions from some of the Act's requirements may apply. This proposal 
intends to update the recordkeeping requirements to foster more 
openness and transparency in demonstrating employers' compliance with 
applicable requirements to their workers, to better ensure compliance 
by regulated entities, and to assist in enforcement. In addition, the 
proposal intends to update the recordkeeping requirements applicable to 
certain domestic employees and to modernize the requirements, 
consistent with the increasing emphasis on flexiplace and 
telecommuting, to allow for automated or electronic recordkeeping 
systems instead of the mandatory manual preparation of ``homeworker'' 
handbooks currently required for all work that an employee may perform 
in the home.

Summary of Legal Basis: These regulations are authorized by section 11 
of the Fair Labor Standards Act, 29 U.S.C. 211.

Alternatives: Alternatives will be developed in considering proposed 
revisions to the current recordkeeping requirements. The public will be 
invited to provide comments on the proposed revisions and possible 
alternatives.

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

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

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            08/00/10

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: Local, State, Tribal

Federalism:  Undetermined

Agency Contact: Montaniel Navarro, Fair Labor Standards Act Branch 
Chief, Division of Enforcement Policy, Department of Labor, Wage and 
Hour Division, 200 Constitution Avenue NW., Room S-3502, FP Building, 
Washington, DC 20210
Phone: 202 693-0067
Fax: 202 693-1387

Related RIN: Previously reported as 1215-AB78
RIN: 1235-AA04

[[Page 21833]]

_______________________________________________________________________


Department of Labor (DOL)                              Final Rule Stage


Wage and Hour Division (WHD)



_______________________________________________________________________




219. 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 778 to 780; 29 CFR 785 to 
786; 29 CFR 790

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 U.S. Troop 
Readiness, Veterans' Care, Katrina Recovery, and Iraq Accountability 
Appropriations Act, 2007 (Pub. L. 110-28) also amended the FLSA by 
increasing the minimum wage in three steps: to $5.85 per hour effective 
July 24, 2007; to $6.55 per hour effective July 24, 2008; and to $7.25 
per hour effective July 24, 2009. Changes will be required in the 
regulations to reflect these amendments. Other updates will address 
needed clarifications to additional sections of the regulations, 
including sections affected by Public Law 106-151, section 1 (Dec. 9, 
1999), 113 Stat. 1731, and Public Law 106-202 (May 18, 2000), 114 Stat. 
308.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            07/28/08                    73 FR 43654
NPRM Comment Period End         09/11/08
NPRM Comment Period Extended    08/22/08                    73 FR 49621
Final Action                    06/00/10

Regulatory Flexibility Analysis Required: No

Government Levels Affected: Federal, Local, State

URL For Public Comments:
www.regulations.gov

Agency Contact: Montaniel Navarro, Fair Labor Standards Act Branch 
Chief, Division of Enforcement Policy, Department of Labor, Wage and 
Hour Division, 200 Constitution Avenue NW., Room S-3502, FP Building, 
Washington, DC 20210
Phone: 202 693-0067
Fax: 202 693-1387

Related RIN: Previously reported as 1215-AB13
RIN: 1235-AA00
_______________________________________________________________________




220. 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 final 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).

Statement of Need: The Fair Labor Standards Act (FLSA) requires the 
Secretary of Labor to issue regulations on the employment of minors 
between 14 and 16 years of age, ensuring that the periods and 
conditions of their employment do not interfere with their schooling, 
health, or well-being, and to designate occupations that are 
particularly hazardous for minors 16 and 17 years of age. Child Labor 
Regulation No. 3 sets forth the permissible industries and occupations 
in which 14- and 15-year-olds may be employed and specifies the number 
of hours in a day and in a week and time periods within a day that such 
minors may be employed. Updating the child labor regulations issued 
under the FLSA will help meet the challenge of ensuring good jobs that 
are safe, healthy, and fair for the Nation's working youth, while 
balancing their educational needs with job-related experiences that are 
safe. Updated child labor regulations that better address the safety 
needs of today's workplaces will ensure our young workers have 
permissible job opportunities that are safe, enhancing their 
opportunities to gain the skills to find and hold good jobs with the 
potential to increase their earnings over time. Ensuring safe and 
reasonable work hours for working youth will also ensure that top 
priority is given to their education, consistent with the purposes of 
the statute.

Summary of Legal Basis: These regulations are issued pursuant to 
sections 3(1), 11, 12, and 13 of the Fair Labor Standards Act, 29 
U.S.C. 203(1), 211, 121, and 213.

Alternatives: When developing regulatory alternatives in the analysis 
of recommendations of the National Institute for Occupational Safety 
and Health in its 2002 report to the Department on the child labor 
hazardous occupations orders and other proposals, the Department has 
focused on assuring healthy, safe, and fair workplaces for young 
workers that are not detrimental to their education, as required by the 
statute. Some of the regulatory alternatives were developed based on 
recent legislative amendments.

Anticipated Cost and Benefits: Preliminary estimates of the anticipated 
costs and benefits of this rulemaking initiative indicated it was not 
economically significant. Benefits to the public, including employers 
and workers, will include safer working conditions and the avoidance of 
injuries and lost productivity involving young workers.

Risks: The Department's child labor regulations, by ensuring that 
permissible job opportunities for working youth are safe and healthy 
and not detrimental to their education, produce positive benefits by 
reducing health-related and lost-productivity costs employers might 
otherwise incur from higher accident and injury rates to young and 
inexperienced workers. Because of the limited nature of the regulatory 
revisions contemplated under this initiative, a detailed assessment of 
the magnitude of risk was not prepared.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            04/17/07                    72 FR 19337
NPRM Comment Period End         07/16/07
Final Action                    04/00/10

Regulatory Flexibility Analysis Required: Undetermined

Small Entities Affected:  Businesses, Governmental Jurisdictions

[[Page 21834]]

Government Levels Affected: Local, State

Agency Contact: Arthur M. Kerschner, Child Labor and Special Employment 
Branch Chief, Division of Enforcement Policy, Department of Labor, 200 
Constitution Avenue NW., Room S-3502, FP Building, Washington, DC 20210
Phone: 202 693-0072
Fax: 202 693-1387

Related RIN: Previously reported as 1215-AB57
RIN: 1235-AA01
_______________________________________________________________________


Department of Labor (DOL)                             Long-Term Actions


Wage and Hour Division (WHD)



_______________________________________________________________________




221.  APPLICATION OF THE FAIR LABOR STANDARDS ACT TO 
DOMESTIC SERVICE

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

Unfunded Mandates: Undetermined

Legal Authority: 29 USC 213 (a)(15); 29 USC 213 (b)(21)

CFR Citation: 29 CFR 552

Legal Deadline: None

Abstract: Fair Labor Standards Act (FLSA) section 13(a)(15) provides an 
exemption from minimum wage and overtime compensation for domestic 
employees engaged in providing companionship services. FLSA section 
13(b)(21) provides an exemption from overtime compensation for live-in 
domestic employees. In light of significant changes in the home care 
industry, the DOL is proposing to update regulations at 29 CFR part 
552, Application of the FLSA to Domestic Service, including examining 
the definition of ``companionship services,'' the criteria used to 
judge whether employees qualify as trained personnel who are not exempt 
companions, and the applicability of the exemption to third party 
employers.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            10/00/11

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: Federal, Local, State

Additional Information: Previously reported as 1215-AB85.

Agency Contact: Montaniel Navarro, Fair Labor Standards Act Branch 
Chief, Division of Enforcement Policy, Department of Labor, Wage and 
Hour Division, 200 Constitution Avenue NW., Room S-3502, FP Building, 
Washington, DC 20210
Phone: 202 693-0067
Fax: 202 693-1387

RIN: 1235-AA05
_______________________________________________________________________


Department of Labor (DOL)                             Completed Actions


Employment Standards Administration (ESA)



_______________________________________________________________________




222. NOTIFICATION OF EMPLOYEE RIGHTS UNDER FEDERAL LABOR LAWS

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Transferred to RIN 1245-AA00    03/02/10

RIN: 1215-AB70
_______________________________________________________________________




223. FORM T-1: REPORTS BY LABOR ORGANIZATIONS ON RELATED ORGANIZATIONS; 
REPORTING BY PUBLIC SECTOR INTERMEDIATE UNIONS

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Transferred to RIN 1245-AA02    03/02/10

RIN: 1215-AB75
_______________________________________________________________________




224. PERSUADER AGREEMENTS: EMPLOYER AND LABOR CONSULTANT REPORTING UNDER 
THE LMRDA

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Transferred to RIN 1245-AA03    03/02/10

RIN: 1215-AB79
_______________________________________________________________________


Department of Labor (DOL)                             Completed Actions


Employee Benefits Security Administration (EBSA)



_______________________________________________________________________




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

Legal Authority: 29 USC 1135

Abstract: This rulemaking will amend the regulation that defines when 
participant moneys 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 moneys that a 
participant pays to, or has withheld by, an employer for contribution 
to a plan would not constitute ``plan assets.''

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            02/29/08                    73 FR 11072
NPRM Comment Period End         04/29/08
Final Action                    01/14/10                     75 FR 2068
Final Action Effective          01/14/10

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Louis J. Campagna, Chief, Division of Fiduciary

[[Page 21835]]

Interpretations, Department of Labor, Employee Benefits Security 
Administration, 200 Constitution Avenue NW., FP Building, Room N-5655, 
Washington, DC 20210
Phone: 202 693-8510
Fax: 202 219-7291

RIN: 1210-AB02
_______________________________________________________________________




226. PARTICIPANT CONTRIBUTIONS 610 REGULATION REVIEW (COMPLETION OF A 
SECTION 610 REVIEW)

Legal Authority: 29 USC 1135

Abstract: EBSA has determined that the plan assets-participant 
contribution regulation under 29 CFR 2510.3-102 does not have a 
significant economic impact on a substantial number of small entities 
within the meaning of section 610(a) of the Regulatory Flexibility Act 
(RFA). Accordingly, a substantive review thereof is not required by 
section 610(b) of the RFA.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Begin Review                    03/01/06
End Review                      02/26/10

Regulatory Flexibility Analysis Required: No

Agency Contact: Melissa R. Dennis, Pension Law Specialist, Department 
of Labor, Employee Benefits Security Administration, 200 Constitution 
Avenue NW., FP Building, Room N-5655, Washington, DC 20210
Phone: 202 693-8500
Fax: 202 219-7291

RIN: 1210-AB11
_______________________________________________________________________


Department of Labor (DOL)                                 Prerule Stage


Occupational Safety and Health Administration (OSHA)



_______________________________________________________________________




227. OCCUPATIONAL EXPOSURE TO BERYLLIUM

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

Abstract: In 1999 and 2001, OSHA was petitioned to issue an emergency 
temporary standard by the United Steel Workers (formerly the Paper 
Allied-Industrial, Chemical, and Energy Workers Union), Public Citizen 
Health Research Group, and others. The Agency denied the petitions but 
stated its intent to begin data gathering to collect needed information 
on beryllium's toxicity, risks, and patterns of usage.
On November 26, 2002, OSHA published a Request for Information (RFI) 
(67 FR 70707) to solicit information pertinent to occupational exposure 
to beryllium including: current exposures to beryllium; the 
relationship between exposure to beryllium and the development of 
adverse health effects; exposure assessment and monitoring methods; 
exposure control methods; and medical surveillance. In addition, the 
Agency conducted field surveys of selected work sites to assess current 
exposures and control methods being used to reduce employee exposures 
to beryllium. OSHA convened a Small Business Advocacy Review Panel 
under the Small Business Regulatory Enforcement Fairness Act (SBREFA) 
and completed the SBREFA Report in January 2008. OSHA is currently 
conducting a scientific peer review of its draft risk assessment.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Request for Information         11/26/02                    67 FR 70707
SBREFA Report Completed         01/23/08
Initiated Peer Review of Health 
Effects and Risk Assessment     03/22/10
Complete Peer Review            11/00/10

Regulatory Flexibility Analysis Required: Yes

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
_______________________________________________________________________




228. METHYLENE CHLORIDE (SECTION 610 REVIEW)

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

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            07/10/07                    72 FR 37501
Comment Period End              10/09/07
Reopen Comment Period           01/08/08                     73 FR 1299
Comment Period End              03/10/08
End Review                      04/00/10

Regulatory Flexibility Analysis Required: No

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: 202 693-2400
Fax: 202 693-1641
Email: [email protected]

RIN: 1218-AC23
_______________________________________________________________________




229. OCCUPATIONAL EXPOSURE TO DIACETYL AND FOOD FLAVORINGS CONTAINING 
DIACETYL

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

Abstract: On July 26, 2006, the United Food and Commercial Workers 
International Union (UFCW) and the International Brotherhood of 
Teamsters (IBT) petitioned DOL for an Emergency Temporary Standard 
(ETS) for all employees exposed to diacetyl, a major component in 
artificial butter flavoring. Diacetyl and a number of other volatile

[[Page 21836]]

organic compounds are used to manufacture artificial butter food 
flavorings. These food flavorings are used by various food 
manufacturers in a multitude of food products including microwave 
popcorn, certain bakery goods, and some snack foods. OSHA denied the 
petition on September 25, 2007, but has initiated 6(b) rulemaking.
Evidence from NIOSH and other sources indicated that employee exposure 
to diacetyl and food flavorings containing diacetyl is associated with 
bronchiolitis obliterans, a debilitating and potentially fatal disease 
of the small airways in the lung. Severe obstructive airway disease has 
been observed in the microwave popcorn industry and in food flavoring 
manufacturing plants. Experimental evidence has shown that inhalation 
exposure to artificial butter flavoring vapors and diacetyl damaged 
tissue lining, the nose, and airways of rats and mice. OSHA published 
an Advanced Notice of Proposed Rulemaking (ANPRM) on January 21, 2009, 
but withdrew the ANPRM on March 17, 2009, in order to facilitate timely 
development of a standard. The Agency subsequently initiated review of 
the draft proposed standard in accordance with the Small Business 
Regulatory Enforcement Fairness Act (SBREFA). The SBREFA Panel Report 
was completed on July 2, 2009. The next step will be for OSHA to 
conduct a scientific peer review of its draft risk assessment.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Stakeholder Meeting             10/17/07                    72 FR 54619
ANPRM                           01/21/09                     74 FR 3937
ANPRM Withdrawn                 03/17/09                    74 FR 11329
ANPRM Comment Period End        04/21/09
Completed SBREFA Report         07/02/09
Initiate Peer Review of Health 
Effects and Risk Assessment     10/00/10

Regulatory Flexibility Analysis Required: Yes

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-AC33
_______________________________________________________________________




230. BLOODBORNE PATHOGENS (610 REVIEW) (SECTION 610 REVIEW)

Legal Authority: 5 USC 533; 5 USC 610; 29 USC 655(b)

Abstract: OSHA will undertake a review of the Bloodborne Pathogen 
Standard (29 CFR 1910.1030) 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                    10/22/09
Request for Comments            04/00/10

Regulatory Flexibility Analysis Required: No

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: 202 693-2400
Fax: 202 693-1641
Email: [email protected]

RIN: 1218-AC34
_______________________________________________________________________


Department of Labor (DOL)                           Proposed Rule Stage


Occupational Safety and Health Administration (OSHA)



_______________________________________________________________________




231. CONFINED SPACES IN CONSTRUCTION

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

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                            11/28/07                    72 FR 67351
NPRM Comment Period End         01/28/08
NPRM Comment Period Extended    02/28/08                     73 FR 3893
Public Hearing                  07/22/08
Close Record                    10/23/08
Analyze Comments                10/00/10

Regulatory Flexibility Analysis Required: Yes

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

RIN: 1218-AB47
_______________________________________________________________________




232. OCCUPATIONAL EXPOSURE TO CRYSTALLINE SILICA

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

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

[[Page 21837]]

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 50[micro]g/m3 and 
25[micro]g/m3 exposure limits, respectively, 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 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. OSHA is currently developing a NPRM.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Completed SBREFA Report         12/19/03
Initiated Peer Review of Health 
Effects and Risk Assessment     05/22/09
Completed Peer Review           01/24/10
NPRM                            02/00/11

Regulatory Flexibility Analysis Required: Yes

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
_______________________________________________________________________


Department of Labor (DOL)                              Final Rule Stage


Occupational Safety and Health Administration (OSHA)



_______________________________________________________________________




233. ELECTRIC POWER TRANSMISSION AND DISTRIBUTION; ELECTRICAL PROTECTIVE 
EQUIPMENT

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

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 35 years 
old. OSHA has developed a revision of this standard that will prevent 
many of these fatalities, add flexibility to the standard, and update 
and streamline the standard. OSHA also intends to amend the 
corresponding standard for general industry so that requirements for 
work performed during the maintenance of electric power transmission 
and distribution installations are the same as those for similar work 
in construction. In addition, OSHA will be revising a few miscellaneous 
general industry requirements primarily affecting electric transmission 
and distribution work, including provisions on electrical protective 
equipment and foot protection. This rulemaking also addresses fall 
protection in aerial lifts for work on power generation, transmission, 
and distribution installations. OSHA published an NPRM on June 15, 
2005. A public hearing was held March 6 to 14, 2006. OSHA reopened the 
record to gather additional information on minimum approach distances 
for specific ranges of voltages. The record was reopened a second time 
to allow more time for comment and to gather information on minimum 
approach distances for all voltages and on the newly revised Institute 
of Electrical and Electronics Engineers consensus standard. 
Additionally, a public hearing was held on October 28, 2009. The 
posthearing comment period ended in February 2010. OSHA is currently 
developing a final rule.

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
Posthearing Comment Period End  07/14/06
Reopen Record                   10/22/08                    73 FR 62942
Comment Period End              11/21/08
Close Record                    11/21/08
Second Reopening Record         09/14/09                    74 FR 46958
Comment Period End              10/15/09
Public Hearings                 10/28/09
Posthearing Comment Period End  02/10/10
Final Rule                      02/00/11

Regulatory Flexibility Analysis Required: Yes

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
_______________________________________________________________________




234. CRANES AND DERRICKS IN CONSTRUCTION

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

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

[[Page 21838]]

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.
A Notice of Proposed Rulemaking (NPRM) was published on October 9, 
2008. The comment period for the NPRM was extended and closed January 
22, 2009. A public hearing was held on March 20, 2009. The final rule 
is scheduled to be published in July 2010.

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 Comments 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                            10/09/08                    73 FR 59714
NPRM Comment Period Extended    12/02/08                    73 FR 73197
NPRM Comment Period End         01/22/09
Public Hearing                  03/20/09
Close Record                    06/18/09
Final Rule                      07/00/10

Regulatory Flexibility Analysis Required: Yes

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

RIN: 1218-AC01
[FR Doc. 2010-8938 Filed 04-23-10; 8:45 am]
BILLING CODE 4510-23-S