80 FR 240 pgs. 77992-77996 - Semiannual Agenda of Regulations
Type: PRORULEVolume: 80Number: 240Pages: 77992 - 77996
Pages: 77992, 77993, 77994, 77995, 77996FR document: [FR Doc. 2015-30627 Filed 12-14-15; 8:45 am]
Agency: Labor Department
Official PDF Version: PDF Version
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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.
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. There is only one item on the Department of Labor'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.
Thomas E. Perez,
Secretary of Labor.
| Sequence No. | Title | Regulation Identifier No. |
|---|---|---|
| 323 | Establishing Paid Sick Leave for Contractors, Executive Order 13706 (Reg Plan Seq No. 77) | 1235-AA13 |
| References in boldface appear in The Regulatory Plan in part II of this issue of the Federal Register . | ||
| Sequence No. | Title | Regulation Identifier No. |
|---|---|---|
| 324 | Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales, and Computer Employees (Reg Plan Seq No. 78) | 1235-AA11 |
| References in boldface appear in The Regulatory Plan in part II of this issue of the Federal Register . | ||
| Sequence No. | Title | Regulation Identifier No. |
|---|---|---|
| 325 | Workforce Innovation and Opportunity Act (Reg Plan Seq No. 79) | 1205-AB73 |
| 326 | Workforce Innovation and Opportunity Act; Joint Rule with U.S. Department of Education for Combined and Unified State Plans, Performance Accountability, and the One-Stop System Joint Provisions | 1205-AB74 |
| 327 | Modernizing the Permanent Labor Certification Program (PERM) | 1205-AB75 |
| References in boldface appear in The Regulatory Plan in part II of this issue of the Federal Register . | ||
| Sequence No. | Title | Regulation Identifier No. |
|---|---|---|
| 328 | Temporary Agricultural Employment of H-2A Foreign Workers in the Herding or Production of Livestock on the Range in the United States | 1205-AB70 |
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| Sequence No. | Title | Regulation Identifier No. |
|---|---|---|
| 329 | Bloodborne Pathogens (Section 610 Review) | 1218-AC34 |
| 330 | Combustible Dust | 1218-AC41 |
| 331 | Preventing Backover Injuries and Fatalities | 1218-AC51 |
| Sequence No. | Title | Regulation Identifier No. |
|---|---|---|
| 332 | Occupational Exposure to Beryllium | 1218-AB76 |
| Sequence No. | Title | Regulation Identifier No. |
|---|---|---|
| 333 | Occupational Exposure to Crystalline Silica (Reg Plan Seq No. 84) | 1218-AB70 |
| References in boldface appear in The Regulatory Plan in part II of this issue of the Federal Register . | ||
| Sequence No. | Title | Regulation Identifier No. |
|---|---|---|
| 334 | Infectious Diseases | 1218-AC46 |
| 335 | Injury and Illness Prevention Program | 1218-AC48 |
DEPARTMENT OF LABOR (DOL)
Wage and Hour Division (WHD)
Proposed Rule Stage
323. • Establishing Paid Sick Leave for Contractors, Executive Order 13706
Regulatory Plan: This entry is Seq. No. 77 in part II of this issue of the Federal Register .
RIN: 1235-AA13
DEPARTMENT OF LABOR (DOL)
Wage and Hour Division (WHD)
Final Rule Stage
324. Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales, and Computer Employees
Regulatory Plan: This entry is Seq. No. 78 in part II of this issue of the Federal Register .
RIN: 1235-AA11
DEPARTMENT OF LABOR (DOL)
Employment and Training Administration (ETA)
Proposed Rule Stage
325. Workforce Innovation and Opportunity Act
Regulatory Plan: This entry is Seq. No. 79 in part II of this issue of the Federal Register .
RIN: 1205-AB73
326. Workforce Innovation and Opportunity Act; Joint Rule With U.S. Department of Education for Combined and Unified State Plans, Performance Accountability, and the One-Stop System Joint Provisions
Legal Authority: Section 503(f) of the Workforce Innovation and Opportunity Act (Pub. L. 113-128)
Abstract: On July 22, 2014, the President signed the Workforce Innovation and Opportunity Act (WIOA) (Pub. L. 113-128) which repeals the Workforce Investment Act of 1998 (WIA). (29 U.S.C. 2801 et seq. ) As directed by WIOA, the Departments of Education and Labor issued a Notice of Proposed Rulemaking (NPRM) on April 16, 2015 to implement the changes in regulations that WIOA makes to the public workforce system regarding Combined and Unified State Plans, performance accountability for WIOA title I, title II, title III, and title IV programs, and the one-stop delivery system.
All of the other regulations implementing WIOA were published by the Departments of Labor and Education in separate NPRMs. The Departments are analyzing the comments received and developing a final rule.
Timetable:
| Action | Date | FR Cite |
|---|---|---|
| NPRM | 04/16/15 | 80 FR 20574 |
| NPRM Comment Period End | 06/15/15 | |
| Analyze Comments | 11/00/15 |
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Portia Wu, Assistant Secretary for Employment and Training, Department of Labor, Employment and Training Administration, 200 Constitution Avenue NW., FP Building, Washington, DC 20210, Phone: 202 639-2700.
RIN: 1205-AB74
327. Modernizing the Permanent Labor Certification Program (PERM)
Legal Authority: 8 U.S.C. 1152(a)(5)(A)
[top] Abstract: The PERM regulations govern the labor certification process for employers seeking to employ foreign
Timetable:
| Action | Date | FR Cite |
|---|---|---|
| NPRM | 04/00/16 |
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: William W. Thompson II, Acting Administrator, Office of Foreign Labor Certification, Department of Labor, Employment and Training Administration, 200 Constitution Avenue NW., FP Building, Rm. C-4312, Washington, DC 20210, Phone: 202 693-3010.
RIN: 1205-AB75
DEPARTMENT OF LABOR (DOL)
Employment and Training Administration (ETA)
Completed Actions
328. Temporary Agricultural Employment of H-2A Foreign Workers in the Herding or Production of Livestock on the Range in the United States
Legal Authority: 8 U.S.C. 1188
Abstract: Office of Foreign Labor Certification of the Employment and Training Administration (ETA) has established special procedures for certain occupations, including long-established variances for sheepherding, goat herding, and occupations involving the open range production of livestock. The wage-setting methodology and other employment standards for these occupations have been set in the past by sub-regulatory guidance. ETA is engaging in this regulatory action to establish standards for wages and working conditions in these occupations based on input from the regulated community.
Timetable:
| Action | Date | FR Cite |
|---|---|---|
| NPRM | 04/15/15 | 80 FR 20300 |
| NPRM Comment Period End | 05/15/15 | |
| NPRM Comment Period Extended | 05/05/15 | 80 FR 25633 |
| NPRM Comment Period Extended End | 06/01/15 | |
| Final Rule | 10/15/15 | 80 FR 62957 |
| Final Rule Effective | 11/16/15 |
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Janet Banos, Department of Labor, Employment and Training Administration, Division of Policy, Office of Foreign Labor Certification, 200 Constitution Avenue NW., Room C-4312, FP Building, Washington, DC 20210, Phone: 202 693-3010, Email: banos.janet@dol.gov .
RIN: 1205-AB70
DEPARTMENT OF LABOR (DOL)
Occupational Safety and Health Administration (OSHA)
Prerule Stage
329. Bloodborne Pathogens (Section 610 Review)
Legal Authority: 5 U.S.C. 533; 5 U.S.C. 610; 29 U.S.C. 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 Published | 05/14/10 | 75 FR 27237 |
| Comment Period End | 08/12/10 | |
| End Review and Issue Findings | 12/00/15 |
Regulatory Flexibility Analysis Required: No.
Agency Contact: Amanda Edens, Director, Directorate of Technical Support and Emergency Management, Department of Labor, Occupational Safety and Health Administration, 200 Constitution Avenue NW., FP Building, Room N-3653, Washington, DC 20210, Phone: 202 693-2300, Fax: 202 693-1644, Email: edens.mandy@dol.gov .
RIN: 1218-AC34
330. Combustible Dust
Legal Authority: 29 U.S.C. 655(b); 29 U.S.C. 657
Abstract: Occupational Safety and Health Administration (OSHA) has commenced rulemaking to develop a combustible dust standard for general industry. The U.S. Chemical Safety Board (CSB) completed a study of combustible dust hazards in late 2006, which identified 281 combustible dust incidents between 1980 and 2005 that killed 119 workers and injured another 718. Based on these findings, the CSB recommended the Agency pursue a rulemaking on this issue. OSHA has previously addressed aspects of this risk. For example, on July 31, 2005, OSHA published the Safety and Health Information Bulletin, "Combustible Dust in Industry: Preventing and Mitigating the Effects of Fire and Explosions." Additionally, OSHA implemented a Combustible Dust National Emphasis Program (NEP) on March 11, 2008, launched a new Web page, and issued several other guidance documents. However, the Agency does not have a comprehensive standard that addresses combustible dust hazards. OSHA will use the information gathered from the NEP to assist in the development of this rule. OSHA published an ANPRM October 21, 2009. Additionally, stakeholder meetings were held in Washington, DC, on December 14, 2009, in Atlanta, GA, on February 17, 2010, and in Chicago, IL, on April 21, 2010. A webchat for combustible dust was also held on June 28, 2010, and an expert forum was convened on May 13, 2011.
Timetable:
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| Action | Date | FR Cite |
|---|---|---|
| ANPRM | 10/21/09 | 74 FR 54333 |
| Stakeholder Meetings | 12/14/09 | |
| ANPRM Comment Period End | 01/19/10 | |
| Stakeholder Meetings | 02/17/10 | |
| Stakeholders Meetings | 03/09/10 | 75 FR 10739 |
| Initiate SBREFA | 08/00/16 |
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: William Perry, Director, Directorate of Standards and Guidance, Department of Labor, Occupational Safety and Health Administration, 200 Constitution Avenue NW., Room N-3718, FP Building, Washington, DC 20210, Phone: 202 693-1950, Fax: 202 693-1678, Email: perry.bill@dol.gov .
RIN: 1218-AC41
331. Preventing Backover Injuries and Fatalities
Legal Authority: 29 U.S.C. 655(b)
Abstract: OSHA published a Request for Information (RFI) (77 FR 18973; March 29, 2012) that sought information on two subjects: (1) Preventing backover injuries; and (2) the hazards and risks of reinforcing concrete operations in construction, including post-tensioning. Backing vehicles and equipment are common causes of struck-by injuries and can also cause caught-between injuries when backing vehicles and equipment pin a worker against an object. Struck-by injuries and caught-between injuries are two of the four leading causes of workplace fatalities. The Bureau of Labor Statistics reports that in 2011, 75 workers were fatally backed over while working. While many backing incidents can prove to be fatal, workers can suffer severe, non-fatal injuries as well. A review of OSHA's Integrated Management Information System (IMIS) database found that backing incidents can result in serious injury to the back and pelvis, fractured bones, concussions, amputations, and other injuries. Emerging technologies in the field of backing operations may prevent incidents. The technologies include cameras and proximity detection systems. The use of spotters and internal traffic control plans can also make backing operations safer. The Agency has held stakeholder meetings on backovers, and is conducting site visits to employers.
Timetable:
| Action | Date | FR Cite |
|---|---|---|
| Request for Information (RFI) | 03/29/12 | 77 FR 18973 |
| RFI Comment Period End | 07/27/12 | |
| Initiate SBREFA | 09/00/16 |
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Jim Maddux, Director, Directorate of Construction, Department of Labor, Occupational Safety and Health Administration, Room N-3468, FP Building, 200 Constitution Avenue NW., Washington, DC 20210, Phone: 202 693-2020, Fax: 202 693-1689, Email: maddux.jim@dol.gov .
RIN: 1218-AC51
DEPARTMENT OF LABOR (DOL)
Occupational Safety and Health Administration (OSHA)
Proposed Rule Stage
332. Occupational Exposure to Beryllium
Legal Authority: 29 U.S.C. 655(b); 29 U.S.C. 657
Abstract: In 1999 and 2001, OSHA was petitioned to issue an emergency temporary standard for permissible exposure limit (PEL) to beryllium 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 worksites 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 also completed a scientific peer review of its draft risk assessment.
Timetable:
| Action | Date | FR Cite |
|---|---|---|
| Request for Information | 11/26/02 | 67 FR 70707 |
| Request for Information Comment Period End | 02/24/03 | |
| SBREFA Report Completed | 01/23/08 | |
| Initiated Peer Review of Health Effects and Risk Assessment | 03/22/10 | |
| Complete Peer Review | 11/19/10 | |
| NPRM | 08/07/15 | 80 FR 47565 |
| NPRM Comment Period End | 11/05/15 | |
| Analyze Comments | 12/00/15 |
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: William Perry, Director, Directorate of Standards and Guidance, Department of Labor, Occupational Safety and Health Administration, 200 Constitution Avenue NW., Room N-3718, FP Building, Washington, DC 20210, Phone: 202 693-1950, Fax: 202 693-1678, Email: perry.bill@dol.gov .
RIN: 1218-AB76
DEPARTMENT OF LABOR (DOL)
Occupational Safety and Health Administration (OSHA)
Final Rule Stage
333. Occupational Exposure to Crystalline Silica
Regulatory Plan: This entry is Seq. No. 84 in part II of this issue of the Federal Register .
RIN: 1218-AB70
DEPARTMENT OF LABOR (DOL)
Occupational Safety and Health Administration (OSHA)
Long-Term Actions
334. Infectious Diseases
Legal Authority: 5 U.S.C. 533; 29 U.S.C. 657 and 658; 29 U.S.C. 660; 29 U.S.C. 666; 29 U.S.C. 669; 29 U.S.C. 673
[top] Abstract: Employees in health care and other high-risk environments face long-standing infectious disease hazards such as tuberculosis (TB), varicella disease (chickenpox, shingles), and measles (rubeola), as well as new and emerging infectious disease threats, such as Severe Acute Respiratory Syndrome (SARS) and pandemic
Timetable:
| Action | Date | FR Cite |
|---|---|---|
| Request for Information (RFI) | 05/06/10 | 75 FR 24835 |
| RFI Comment Period End | 08/04/10 | |
| Analyze Comments | 12/30/10 | |
| Stakeholder Meetings | 07/05/11 | 76 FR 39041 |
| Initiate SBREFA | 06/04/14 | |
| Complete SBREFA | 12/22/14 | |
| NPRM | 12/00/16 |
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: William Perry, Director, Directorate of Standards and Guidance, Department of Labor, Occupational Safety and Health Administration, 200 Constitution Avenue NW., Room N-3718, FP Building, Washington, DC 20210, Phone: 202 693-1950, Fax: 202 693-1678, Email: perry.bill@dol.gov .
RIN: 1218-AC46
335. Injury and Illness Prevention Program
Legal Authority: 29 U.S.C. 653; 29 U.S.C. 655(b); 29 U.S.C. 657
Abstract: OSHA is developing a rule requiring employers to implement an Injury and Illness Prevention Program. It involves planning, implementing, evaluating, and improving processes and activities that protect employee safety and health. OSHA has substantial data on reductions in injuries and illnesses from employers who have implemented similar effective processes. The Agency currently has voluntary Safety and Health Program Management Guidelines (54 FR 3904 to 3916), published in 1989. An injury and illness prevention program rule would build on these guidelines as well as lessons learned from successful approaches and best practices under OSHA's Voluntary Protection Program, Safety and Health Achievement Recognition Program, and similar industry and international initiatives such as American National Standards Institute/American Industrial Hygiene Association Z10, and Occupational Health and Safety Assessment Series 18001.
Timetable:
| Action | Date | FR Cite |
|---|---|---|
| Notice of Stakeholder Meetings | 05/04/10 | 75 FR 23637 |
| Notice of Additional Stakeholder Meetings | 06/22/10 | 75 FR 35360 |
| Initiate SBREFA | 01/06/12 | |
| NPRM | To Be Determined |
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: William Perry, Director, Directorate of Standards and Guidance, Department of Labor, Occupational Safety and Health Administration, 200 Constitution Avenue NW., Room N-3718, FP Building, Washington, DC 20210, Phone: 202 693-1950, Fax: 202 693-1678, Email: perry.bill@dol.gov .
RIN: 1218-AC48
[FR Doc. 2015-30627 Filed 12-14-15; 8:45 am]
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