Regulatory Agenda:

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December 20, 2010 (Volume 75, Number 243)

Unified Agenda

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

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DEPARTMENT OF LABOR (DOL)

Part XII

Department of Labor

Semiannual Regulatory Agenda

Page 79804

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: The Internet has become the means for disseminating the entirety of the Department of Labor's semiannual regulatory agenda.

However, the Regulatory Flexibility Act requires publication of a regulatory flexibility agenda in the Federal Register. This Federal

Register Notice contains the regulatory flexibility agenda. In addition, the Department's Regulatory Plan, a subset of the

Department's regulatory agenda, is being published in the Federal

Register. The Regulatory Plan contains a statement of the Department's regulatory priorities and the regulatory actions the Department wants to highlight as its most important and significant.

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 requires the semiannual publication of an agenda of regulations that contains a listing of all the regulations the Department of Labor expects to have under active consideration for promulgation, proposal, or review during the coming one-year period. The entirety of the Department's semiannual agenda is available online at www.reginfo.gov.

The Regulatory Flexibility Act (5 U.S.C. 602) requires DOL to publish in the Federal Register a regulatory flexibility agenda.

The Department's Regulatory Flexibility Agenda published with this notice, includes only those rules on its semiannual agenda that are likely to have a significant economic impact on a substantial number of small entities; and those rules identified for periodic review in keeping with the requirements of section 610 of the

Regulatory Flexibility Act. Thus, the regulatory flexibility agenda is a subset of the Department's semiannual regulatory agenda. At this time, there is only one item, listed below, on the

Department's Regulatory Flexibility Agenda.

Occupational Safety and Health Administration

Bloodborne Pathogens (RIN 1218-AC34)

In addition, the Department's Regulatory Plan, also a subset of the Department's regulatory agenda, is being published in the

Federal Register. The Regulatory Plan contains a statement of the

Department's regulatory priorities and the regulatory actions the

Department wants to highlight as its most important and significant.

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 Department's agenda.

Hilda L. Solis,

Secretary of Labor.

Office of Labor-Management Standards--Proposed Rule Stage

Regulation

Sequence

Title

Identifier

Number

Number

395

Persuader Agreements: Employer and Labor Relations Consultant Reporting Under the

1245-AA03

LMRDA (Reg Plan Seq No. 95)........................................................... 396

Persuader Agreements: Consultant Form LM-21 Receipts and Disbursements Report......... 1245-AA05

References in boldface appear in The Regulatory Plan in part II of this issue of the Federal Register.

Office of Labor-Management Standards--Completed Actions

Regulation

Sequence

Title

Identifier

Number

Number

397

Notification of Employee Rights Under Federal Labor Laws.............................. 1245-AA00 398

Form T-1: Reports by Labor Organizations on Related Organizations; Reporting by Public 1245-AA02

Sector Intermediate Unions............................................................

Employee Benefits Security Administration--Completed Actions

Regulation

Sequence

Title

Identifier

Number

Number

399

Improved Fee Disclosure for Pension Plan Participants................................. 1210-AB07

Page 79805

Occupational Safety and Health Administration--Prerule Stage

Regulation

Sequence

Title

Identifier

Number

Number

400

Occupational Exposure to Beryllium.................................................... 1218-AB76 401

Occupational Exposure to Food Flavorings Containing Diacetyl and Diacetyl Substitutes. 1218-AC33 402

Bloodborne Pathogens (Section 610 Review)............................................. 1218-AC34

Occupational Safety and Health Administration--Proposed Rule Stage

Regulation

Sequence

Title

Identifier

Number

Number

403

Occupational Exposure to Crystalline Silica (Reg Plan Seq No. 110).................... 1218-AB70

References in boldface appear in The Regulatory Plan in part II of this issue of the Federal Register.

Occupational Safety and Health Administration--Final Rule Stage

Regulation

Sequence

Title

Identifier

Number

Number

404

Confined Spaces in Construction....................................................... 1218-AB47 405

Electric Power Transmission and Distribution; Electrical Protective Equipment......... 1218-AB67

Occupational Safety and Health Administration--Completed Actions

Regulation

Sequence

Title

Identifier

Number

Number

406

Cranes and Derricks in Construction................................................... 1218-AC01 407

Methylene Chloride (Completion of a Section 610 Review)............................... 1218-AC23

December 20, 2010 (Volume 75, Number 243)

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Department of Labor (DOL)

Proposed Rule Stage

Office of Labor--Management Standards (OLMS)

395. PERSUADER AGREEMENTS: EMPLOYER AND LABOR RELATIONS CONSULTANT

REPORTING UNDER THE LMRDA

Regulatory Plan: This entry is Seq. No. 95 in part II of this issue of the Federal Register.

RIN: 1245-AA03

December 20, 2010 (Volume 75, Number 243)

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Department of Labor (DOL)

Proposed Rule Stage

Office of Labor--Management Standards (OLMS)

396. PERSUADER AGREEMENTS: CONSULTANT FORM LM-21

RECEIPTS AND DISBURSEMENTS REPORT

Legal Authority: 29 USC 433 and 438

Abstract: The Department intends to publish a notice and comment rulemaking seeking consideration of the Form LM-21, Receipts and

Disbursements Report, which is required pursuant to section 203(b) of the Labor-Management Reporting and Disclosure Act (LMRDA). The rulemaking will propose mandatory electronic filing for Form LM-21 filers, and it will review the layout of the Form LM-21 and its instructions, including the detail required to be reported.

Timetable:

Action

Date

FR Cite

NPRM

07/00/11

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Andrew R. Davis, Chief, Division of Interpretations and

Standards, Office of Labor-Management Standards, Department of Labor,

Office of Labor-Management Standards, Room N-5609, FP Building, 200

Constitution Avenue NW., Washington, DC 20210

Phone: 202 693-1254

Fax: 202 693-1340

Email: davis.andrew@dol.gov

RIN: 1245-AA05

Page 79806

December 20, 2010 (Volume 75, Number 243)

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Page 79806

Department of Labor (DOL)

Completed Actions

Office of Labor--Management Standards (OLMS)

397. NOTIFICATION OF EMPLOYEE RIGHTS UNDER FEDERAL LABOR LAWS

Legal Authority: EO 13496

Abstract: Pursuant to Executive Order 13496 of January 30, 2009, the

Department of Labor 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

05/20/10

75 FR 28368

Final Action Effective

06/21/10

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Andrew R. Davis, Chief, Division of Interpretations and

Standards, Office of Labor-Management Standards, Department of Labor,

Office of Labor-Management Standards, Room N-5609, FP Building, 200

Constitution Avenue NW., Washington, DC 20210

Phone: 202 693-1254

Fax: 202 693-1340

Email: davis.andrew@dol.gov

RIN: 1245-AA00

December 20, 2010 (Volume 75, Number 243)

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Department of Labor (DOL)

Completed Actions

Office of Labor--Management Standards (OLMS)

398. FORM T-1: REPORTS BY LABOR ORGANIZATIONS ON RELATED ORGANIZATIONS;

REPORTING BY PUBLIC SECTOR INTERMEDIATE UNIONS

Legal Authority: 29 USC 438

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

NPRM Comment Period End

04/05/10

Final Action

12/01/10

75 FR 74936

Final Action Effective

01/03/11

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Andrew R. Davis, Chief, Division of Interpretations and

Standards, Office of Labor-Management Standards, Department of Labor,

Office of Labor-Management Standards, Room N-5609, FP Building, 200

Constitution Avenue NW., Washington, DC 20210

Phone: 202 693-1254

Fax: 202 693-1340

Email: davis.andrew@dol.gov

RIN: 1245-AA02

December 20, 2010 (Volume 75, Number 243)

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Department of Labor (DOL)

Completed Actions

Employee Benefits Security Administration (EBSA)

399. IMPROVED FEE DISCLOSURE FOR PENSION PLAN PARTICIPANTS

Legal Authority: 29 USC 1104; 29 USC 1135

Abstract: This rulemaking will ensure that the participants and beneficiaries in participant-directed individual account plans are provided the information they need, including information about fees and expenses, to make informed investment decisions. The rulemaking may include amendments to the regulation governing ERISA section 404(c) plans (29 CFR 2550.404c-1). The rulemaking 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

04/25/07

72 FR 20457

Comment Period End

07/24/07

NPRM

07/23/08

73 FR 43014

NPRM Comment Period End

09/08/08

Final Action

10/20/10

75 FR 64910

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Michael Del Conte, Pension Law Specialist, Department of Labor, Employee Benefits Security Administration, 200 Constitution

Avenue NW., Room N-5655, Washington, DC 20210

Phone: 202 693-8500

Fax: 202 219-7291

RIN: 1210-AB07

December 20, 2010 (Volume 75, Number 243)

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Department of Labor (DOL)

Prerule Stage

Occupational Safety and Health Administration (OSHA)

400. 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

Page 79807

(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, which is scheduled to be completed in November 2010. Additionally, an economic peer review is scheduled to be completed in May 2011.

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

11/19/10

Complete Economic Peer Review 05/00/11

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: dougherty.dorothy@dol.gov

RIN: 1218-AB76

December 20, 2010 (Volume 75, Number 243)

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Department of Labor (DOL)

Prerule Stage

Occupational Safety and Health Administration (OSHA)

401. OCCUPATIONAL EXPOSURE TO FOOD FLAVORINGS CONTAINING DIACETYL AND

DIACETYL SUBSTITUTES

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 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 occurrence of severe lung disease among workers in workplaces where diacetyl is manufactured and used has led some manufacturers to reduce or eliminate the amount of diacetyl in some kinds of flavorings, foods, and beverages. They have begun to use substitutes such as 2,3- pentanedione. These substitutes, some of which are structurally similar to diacetyl, have not been well-studied and there is growing concern that they also pose health risks for workers. Research on 2,3- pentanedione conducted by NIOSH and NIEHS suggests that, in rats, 2,3- pentanedione causes airway damage similar to that produced by diacetyl.

NIOSH is currently developing a criteria document on occupational exposure to diacetyl. The criteria document will also address exposure to 2,3-pentanedione. It will include an assessment of the effects of exposure as well as quantitative risk assessment. OSHA intends to rely on these portions of the criteria document for the health effects analysis and quantitative risk assessment for the Agency's diacetyl rulemaking. NIOSH will initiate public peer review of the criteria document in April, 2011.

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

04/00/11

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: dougherty.dorothy@dol.gov

RIN: 1218-AC33

December 20, 2010 (Volume 75, Number 243)

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Department of Labor (DOL)

Prerule Stage

Occupational Safety and Health Administration (OSHA)

402. BLOODBORNE PATHOGENS (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

Page 79808

Request for Comments Published 05/14/10

75 FR 27237

Comment Period End

08/12/10

Analyze Comments

05/00/11

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: smith.john@dol.gov

RIN: 1218-AC34

December 20, 2010 (Volume 75, Number 243)

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Department of Labor (DOL)

Proposed Rule Stage

Occupational Safety and Health Administration (OSHA)

403. OCCUPATIONAL EXPOSURE TO CRYSTALLINE SILICA

Regulatory Plan: This entry is Seq. No. 110 in part II of this issue of the Federal Register.

RIN: 1218-AB70

December 20, 2010 (Volume 75, Number 243)

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Department of Labor (DOL)

Final Rule Stage

Occupational Safety and Health Administration (OSHA)

404. 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

Final Action

11/00/11

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Ben Bare, 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

December 20, 2010 (Volume 75, Number 243)

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Department of Labor (DOL)

Final Rule Stage

Occupational Safety and Health Administration (OSHA)

405. 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 from March 6 through March 14 in 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 anticipates publishing a final rule in May 2011.

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

Page 79809

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

05/00/11

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: dougherty.dorothy@dol.gov

RIN: 1218-AB67

December 20, 2010 (Volume 75, Number 243)

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Department of Labor (DOL)

Completed Actions

Occupational Safety and Health Administration (OSHA)

406. 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 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 was posted and made public on July 28, 2010, and published in the

Federal Register on August 9, 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

08/09/10

75 FR 47906

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Ben Bare, 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

December 20, 2010 (Volume 75, Number 243)

Unified Agenda

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DOCID:ua20de10_012-14

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Department of Labor (DOL)

Completed Actions

Occupational Safety and Health Administration (OSHA)

407. METHYLENE CHLORIDE (COMPLETION OF A SECTION 610 REVIEW)

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

Abstract: OSHA undertook 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 considered 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

05/05/10

75 FR 24509

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: smith.john@dol.gov

RIN: 1218-AC23

FR Doc. 2010-30442 Filed 12-17-10; 8:45 am

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