Regulatory Agenda Semiannual Regulatory Agenda

December 7, 2009 (Volume 74, Number 233)

Unified Agenda

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

DOCID: f:ua091210.wais

Page 64462-64467

Department of Labor

Part X

Semiannual Regulatory Agenda

Page 64462

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: 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.

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)

Employee Benefits Security Administration

Plan Assets-Participant Contributions Regulations (RIN 1210-

AB11)

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 agenda.

HILDA L. SOLIS,

Secretary of Labor.

Employment Standards Administration--Proposed Rule Stage

Regulation

Sequence

Title

Identifier

Number

Number

392

Proposal to Rescind the Form T-1; Require Subsidiary Organization Reporting; Revise

1215-AB75

Interpretation Regarding LMRDA Coverage of Public Sector Intermediate Unions.......... 393

Interpretation of the ``Advice'' Exemption of Section 203(c) of the Labor-Management

1215-AB79

Reporting and Disclosure Act (Reg Plan Seq No. 94)....................................

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

Employment Standards Administration--Final Rule Stage

Regulation

Sequence

Title

Identifier

Number

Number

394

Notification of Employee Rights Under Federal Labor Laws.............................. 1215-AB70

Page 64463

Employee Benefits Security Administration--Prerule Stage

Regulation

Sequence

Title

Identifier

Number

Number

395

Plan Assets--Participant Contributions Regulation (Section 610 Review)................ 1210-AB11

Employee Benefits Security Administration--Final Rule Stage

Regulation

Sequence

Title

Identifier

Number

Number

396

Amendment of Regulation Relating to Definition of Plan Assets--Participant

1210-AB02

Contributions.........................................................................

Mine Safety and Health Administration--Completed Actions

Regulation

Sequence

Title

Identifier

Number

Number

397

Explosives and Blasting (Section 610 Review).......................................... 1219-AB62

Occupational Safety and Health Administration--Prerule Stage

Regulation

Sequence

Title

Identifier

Number

Number

398

Occupational Exposure to Crystalline Silica (Reg Plan Seq No. 108).................... 1218-AB70 399

Occupational Exposure to Beryllium.................................................... 1218-AB76 400

Methylene Chloride (Section 610 Review)............................................... 1218-AC23 401

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

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

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

Occupational Safety and Health Administration--Proposed Rule Stage

Regulation

Sequence

Title

Identifier

Number

Number

403

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

Occupational Safety and Health Administration--Final Rule Stage

Regulation

Sequence

Title

Identifier

Number

Number

404

Electric Power Transmission and Distribution; Electrical Protective Equipment......... 1218-AB67 405

Cranes and Derricks in Construction (Reg Plan Seq No. 110)............................ 1218-AC01

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

Page 64464

Department of Labor (DOL)

Proposed Rule Stage

Employment Standards Administration (ESA)

  1. PROPOSAL TO RESCIND THE FORM T-1; REQUIRE SUBSIDIARY ORGANIZATION

    REPORTING; REVISE INTERPRETATION REGARDING LMRDA COVERAGE OF 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

    01/00/10

    Regulatory Flexibility Analysis Required: Yes

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

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

    Employment Standards Administration, 200 Constitution Avenue NW., FP

    Building, Room N-5609, Washington, DC 20210

    Phone: 202 693-0123

    Fax: 202 693-1340

    Email: davis.andrew@dol.gov

    RIN: 1215-AB75

  2. INTERPRETATION OF THE ``ADVICE'' EXEMPTION OF

    SECTION 203(C) OF THE LABOR-MANAGEMENT REPORTING AND DISCLOSURE ACT

    Regulatory Plan: This entry is Seq. No. 94 in part II of this issue of the Federal Register.

    RIN: 1215-AB79

    Department of Labor (DOL)

    Final Rule Stage

    Employment Standards Administration (ESA)

  3. 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'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

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

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

    Employment Standards Administration, 200 Constitution Avenue NW., FP

    Building, Room N-5609, Washington, DC 20210

    Phone: 202 693-0123

    Fax: 202 693-1340

    Email: davis.andrew@dol.gov

    RIN: 1215-AB70

    Department of Labor (DOL)

    Prerule Stage

    Employee Benefits Security Administration (EBSA)

  4. PLAN ASSETS--PARTICIPANT CONTRIBUTIONS REGULATION (SECTION 610

    REVIEW)

    Legal Authority: 29 USC 1135

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

    Timetable:

    Action

    Date

    FR Cite

    Begin Review

    03/01/06

    End Review

    02/00/10

    Regulatory Flexibility Analysis Required: Undetermined

    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

    Page 64465

    Department of Labor (DOL)

    Final Rule Stage

    Employee Benefits Security Administration (EBSA)

  5. 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

    01/00/10

    Regulatory Flexibility Analysis Required: Yes

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

    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

    Department of Labor (DOL)

    Completed Actions

    Mine Safety and Health Administration (MSHA)

  6. EXPLOSIVES AND BLASTING (SECTION 610 REVIEW)

    Legal Authority: 30 USC 811

    Abstract: MSHA is reviewing the existing coal and metal and nonmetal standards for explosives and blasting in view of advances in technology and for consistency. The next action will be an advance notice of proposed rulemaking.

    Timetable:

    Action

    Date

    FR Cite

    Withdrawn

    09/03/09

    Regulatory Flexibility Analysis Required: Undetermined

    Agency Contact: Patricia W. Silvey, Director, Office of Standards,

    Regulations, and Variances, Department of Labor, Mine Safety and Health

    Administration, 1100 Wilson Boulevard, Room 2350, Arlington, VA 22209- 3939

    Phone: 202 693-9440

    Fax: 202 693-9441

    Email: silvey.patricia@dol.gov

    RIN: 1219-AB62

    Department of Labor (DOL)

    Prerule Stage

    Occupational Safety and Health Administration (OSHA)

  7. OCCUPATIONAL EXPOSURE TO CRYSTALLINE SILICA

    Regulatory Plan: This entry is Seq. No. 108 in part II of this issue of the Federal Register.

    RIN: 1218-AB70

  8. 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 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.

    Timetable:

    Action

    Date

    FR Cite

    Request for Information

    11/26/02

    67 FR 70707

    SBREFA Report Completed

    01/23/08

    Initiate Peer Review of Health

    Effects and Risk Assessment

    03/00/10

    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: dougherty.dorothy@dol.gov

    RIN: 1218-AB76

  9. 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

    Page 64466

    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: smith.john@dol.gov

    RIN: 1218-AC23

  10. 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 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.

    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: dougherty.dorothy@dol.gov

    RIN: 1218-AC33

  11. 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 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: smith.john@dol.gov

    RIN: 1218-AC34

    Department of Labor (DOL)

    Proposed Rule Stage

    Occupational Safety and Health Administration (OSHA)

  12. 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

    Page 64467

    NPRM Comment Period Extended 02/28/08

    73 FR 3893

    Public Hearing

    07/22/08

    Close Record

    10/23/08

    Analyze Comments

    03/00/10

    Regulatory Flexibility Analysis Required: Yes

    Agency Contact: Noah Connell, Deputy 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

    Department of Labor (DOL)

    Final Rule Stage

    Occupational Safety and Health Administration (OSHA)

  13. 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 range 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.

    Timetable:

    Action

    Date

    FR Cite

    SBREFA Report

    06/30/03

    NPRM

    06/15/05

    70 FR 34821

    NPRM Comment Period End

    10/13/05

    Comment Period Extended to 01/ 11/2006

    10/12/05

    70 FR 59290

    Public Hearing To Be Held 03/06/ 2006

    10/12/05

    70 FR 59290

    Post-Hearing Comment Period End 07/14/06

    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

    Post-Hearing Comment Period End 02/00/10

    Final Action

    09/00/10

    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: dougherty.dorothy@dol.gov

    RIN: 1218-AB67

  14. CRANES AND DERRICKS IN CONSTRUCTION

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

    RIN: 1218-AC01

    FR Doc. E9-28591 Filed 12-04-09; 8:45 am

    BILLING CODE 4510-23-S

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