Semiannual Agenda of Regulations, 44282-44287 [2013-17064]

Download as PDF 44282 Federal Register / Vol. 78, No. 141 / Tuesday, July 23, 2013 / Unified Agenda FOR FURTHER INFORMATION CONTACT: DEPARTMENT OF LABOR 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. 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 Note: Information pertaining to a specific regulation can be obtained from the agency contact listed for that particular regulation. 41 CFR Ch. 60 SUPPLEMENTARY INFORMATION: 48 CFR Ch. 29 Semiannual Agenda of Regulations Office of the Secretary, Labor. ACTION: Semiannual regulatory agenda. AGENCY: 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. SUMMARY: 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. On January 18, 2011, the President issued Executive Order (E.O.) 13563, titled Improving Regulation and Regulatory Review. The Department of Labor’s fall 2011 Regulatory Agenda aims to achieve more efficient and less burdensome regulation through our renewed commitment to conduct retrospective reviews of regulations. 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. Seth D. Harris, Acting Secretary of Labor. EMPLOYEE BENEFITS SECURITY ADMINISTRATION—COMPLETED ACTIONS Regulation Identifier No. Sequence No. Title 203 .................... 204 .................... Ex Parte Cease and Desist and Summary Seizure Orders Under ERISA Section 521 ................................. Filings Required of Multiple Employer Welfare Arrangements and Certain Other Entities That Offer or Provide Coverage for Medical Care to the Employees of Two or More Employers. 1210–AB48 1210–AB51 OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION—PRERULE STAGE Regulation Identifier No. Sequence No. Title 205 .................... 206 .................... Bloodborne Pathogens (Section 610 Review) ............................................................................................... Definition and Requirements for a Nationally Recognized Testing Laboratory (Section 610 Review) ......... 1218–AC34 1218–AC83 OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION—PROPOSED RULE STAGE Regulation Identifier No. tkelley on DSK3SPTVN1PROD with PROPOSALS12 Sequence No. Title 207 .................... 208 .................... Occupational Exposure to Crystalline Silica .................................................................................................... Occupational Exposure to Beryllium ................................................................................................................ 1218–AB70 1218–AB76 OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION—FINAL RULE STAGE Regulation Identifier No. Sequence No. Title 209 .................... Confined Spaces in Construction .................................................................................................................... VerDate Mar<15>2010 17:37 Jul 22, 2013 Jkt 229001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\23JYP12.SGM 23JYP12 1218–AB47 44283 Federal Register / Vol. 78, No. 141 / Tuesday, July 23, 2013 / Unified Agenda OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION—FINAL RULE STAGE—Continued Regulation Identifier No. Sequence No. Title 210 .................... Electric Power Transmission and Distribution; Electrical Protective Equipment ............................................. 1218–AB67 OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION—LONG-TERM ACTIONS Regulation Identifier No. Sequence No. Title 211 .................... Occupational Exposure to Food Flavorings Containing Diacetyl and Diacetyl Substitutes ............................ DEPARTMENT OF LABOR (DOL) Employee Benefits Security Administration (EBSA) Completed Actions 203. Ex Parte Cease and Desist and Summary Seizure Orders Under ERISA Section 521 Legal Authority: 29 U.S.C. 1151; 29 U.S.C. 1135 Abstract: Section 521 of the Employee Retirement Income Security Act (ERISA) enacted under section 6605 of the Affordable Care Act (Pub. L. 111–148, 124 Stat. 780), authorizes the Secretary of Labor to issue a cease and desist order if it appears that a multiple employer welfare arrangement (MEWA) is fraudulent, creates an immediate danger to public safety or welfare, or can be reasonably expected to cause significant, imminent, and irreparable public injury. This section also authorizes the Secretary to issue a summary seizure order if it appears that a MEWA is in a financially hazardous condition. Regulatory guidance will provide standards for the issuance of such orders. Timetable: Date FR Cite NPRM .................. NPRM Comment Period End. Final Rule ............ Final Rule Effective. tkelley on DSK3SPTVN1PROD with PROPOSALS12 Action 12/06/11 03/05/12 76 FR 76235 03/01/13 04/01/13 78 FR 13797 Regulatory Flexibility Analysis Required: Yes. Agency Contact: Stephanie Lewis, Attorney, Department of Labor, Employee Benefits Security Administration, 200 Constitution Avenue NW., FP Building, Room N–411, Washington, DC 20210, Phone: 202 693–5588. RIN: 1210–AB48 VerDate Mar<15>2010 17:37 Jul 22, 2013 Jkt 229001 204. Filings Required of Multiple Employer Welfare Arrangements and Certain Other Entities That Offer or Provide Coverage for Medical Care to the Employees of Two or More Employers Legal Authority: sec 6606 of the Patient Protection and Affordable Care Act; Pub. L. 111–148; 124 Stat 119 (2010) Abstract: This is a proposed rule under title I of the Employee Retirement Income Security Act (ERISA) that, upon adoption, would implement reporting requirements for multiple employer welfare arrangements (MEWAs) and certain other entities that offer or provide health benefits for employees of two or more employers. The proposal amends existing reporting rules to incorporate new requirements enacted as part of the Patient Protection and Affordable Care Act (Affordable Care Act) and to more clearly address the reporting obligations of MEWAs that are ERISA plans. Timetable: Action Date FR Cite NPRM .................. NPRM Comment Period End. Final Rule ............ Final Rule Effective. 12/06/11 03/05/12 76 FR 76222 03/01/13 04/01/13 1218–AC33 DEPARTMENT OF LABOR (DOL) Occupational Safety and Health Administration (OSHA) Prerule Stage 205. 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 ...... Request for Comments Published. Comment Period End. End Review and Issue Findings. 10/22/09 05/14/10 75 FR 27237 78 FR 13781 Regulatory Flexibility Analysis Required: Yes. Agency Contact: Amy J. Turner, Senior Advisor, Department of Labor, Employee Benefits Security Administration, 200 Constitution Avenue NW., FP Building, Room N–5653, Washington, DC 20210, Phone: 202 693–8335, Fax: 202 219–1942. RIN: 1210–AB51 PO 00000 08/12/10 10/00/13 Regulatory Flexibility Analysis Required: No. Agency Contact: Jens Svenson, Deputy Director, Directorate of Evaluation and Analysis, Department of Labor, Occupational Safety and Health Administration, 200 Constitution Avenue NW., Room N–3641, Washington, DC 20210, Phone: 202 693– 2400, Fax: 202 693–1641, Email: svenson.jens@dol.gov. RIN: 1218–AC34 206. • Definition and Requirements for a Nationally Recognized Testing Laboratory (Section 610 Review) Legal Authority: 29 U.S.C. 655(b) Frm 00003 Fmt 4701 Sfmt 4702 E:\FR\FM\23JYP12.SGM 23JYP12 44284 Federal Register / Vol. 78, No. 141 / Tuesday, July 23, 2013 / Unified Agenda Abstract: OSHA proposes to issue a Request for Information (RFI) for the Nationally Recognized Testing Laboratory (NRTL) Program. The NRTL Program was recently the subject of a GAO study, which recommended that OSHA reexamine the NRTL Program’s structure and accreditation application procedures to identify and implement any alternatives that better align program design with resource levels and improve program timelines. As a result of the complexity of several issues identified in the GAO study, OSHA needs to gather more information before it can address some of the items identified and determine whether it must undertake rulemaking. The proposed RFI will solicit information on those topics identified in the GAO study as well as other topics proposed through discussions with stakeholders. Such topics include, but are not limited to, the use of a third party accreditation model, increased alignment with international standards, and allowable certification marks for the NRTL Program. Timetable: Action Date Request for Information. FR Cite 12/00/13 Regulatory Flexibility Analysis Required: No. Agency Contact: Amanda Edens, Acting Director, Directorate of Evaluation and Analysis, Department of Labor, Occupational Safety and Health Administration, 200 Constitution Avenue NW., Room N–3641, FP Building, Washington, DC 20210, Phone: 202 693–2400, Fax: 202 693– 1641, Email: edens.mandy@dol.gov. RIN: 1218–AC83 DEPARTMENT OF LABOR (DOL) Occupational Safety and Health Administration (OSHA) tkelley on DSK3SPTVN1PROD with PROPOSALS12 Proposed Rule Stage 207. Occupational Exposure to Crystalline Silica Legal Authority: 29 U.S.C. 655(b); 29 U.S.C. 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 VerDate Mar<15>2010 17:37 Jul 22, 2013 Jkt 229001 respirable crystalline silica causes acute or accelerated forms of silicosis that are ultimately fatal. The current OSHA permissible exposure limit (PEL) for general industry is based on a formula proposed by the American Conference of Governmental Industrial Hygienists (ACGIH) in 1968 (PEL=10mg/cubic meter/(% silica + 2), as respirable dust). The current PEL for construction and shipyards (derived from ACGIH’s 1970 Threshold Limit Value) is based on particle counting technology, which is considered obsolete. NIOSH and ACGIH recommend 50mg/m3 and 25mg/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. ASTM International has published recommended standards 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. Timetable: Action Date Completed SBREFA Report. Initiated Peer Review of Health Effects and Risk Assessment. Completed Peer Review. NPRM .................. 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: FR Cite 12/19/03 Action 05/22/09 01/24/10 07/00/13 Regulatory Flexibility Analysis Required: Yes. Agency Contact: Dorothy Dougherty, Director, Directorate of Standards and Guidance, Department of Labor, Occupational Safety and Health Administration, Room N–3718, FP Building, 200 Constitution Avenue NW., Washington, DC 20210, Phone: 202 693– 1950, Fax: 202 693–1678, Email: dougherty.dorothy@dol.gov. RIN: 1218–AB70 208. 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 by the United Steel Workers (formerly the Paper Allied- PO 00000 Frm 00004 Fmt 4701 Sfmt 4702 Date FR Cite Request for Information. Request For Information Comment Period End. SBREFA Report Completed. Initiated Peer Review of Health Effects and Risk Assessment. Complete Peer Review. NPRM .................. 11/26/02 67 FR 70707 02/24/03 01/23/08 03/22/10 11/19/10 10/00/13 Regulatory Flexibility Analysis Required: Yes. Agency Contact: Dorothy Dougherty, Director, Directorate of Standards and Guidance, Department of Labor, Occupational Safety and Health Administration, Room N–3718, FP Building, 200 Constitution Avenue NW., Washington, DC 20210, Phone: 202 693– 1950, Fax: 202 693–1678, Email: dougherty.dorothy@dol.gov. RIN: 1218–AB76 E:\FR\FM\23JYP12.SGM 23JYP12 Federal Register / Vol. 78, No. 141 / Tuesday, July 23, 2013 / Unified Agenda DEPARTMENT OF LABOR (DOL) Occupational Safety and Health Administration (OSHA) Final Rule Stage 209. Confined Spaces in Construction Legal Authority: 29 U.S.C. 655(b); 40 U.S.C. 333 Abstract: In 1993, OSHA issued a rule to protect employees who enter confined spaces while engaged in general industry work (29 CFR 1910.146). This standard has not been extended to cover employees entering confined spaces while engaged in construction work because of unique characteristics of construction worksites. Pursuant to discussions with the United Steel Workers of America that led to a settlement agreement regarding the general industry standard, OSHA agreed to issue a proposed rule to protect construction workers in confined spaces. Timetable: Action Date SBREFA Panel Report. NPRM .................. NPRM Comment Period End. NPRM Comment Period Extended. Public Hearing ..... Close Record ...... Final Rule ............ FR Cite 11/24/03 11/28/07 01/28/08 72 FR 67351 02/28/08 73 FR 3893 07/22/08 10/23/08 12/00/13 Action 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–AB47 tkelley on DSK3SPTVN1PROD with PROPOSALS12 210. Electric Power Transmission and Distribution; Electrical Protective Equipment Legal Authority: 29 U.S.C. 655(b); 40 U.S.C. 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 nearly 40 years old. OSHA has developed a revision of this standard VerDate Mar<15>2010 17:37 Jul 22, 2013 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, 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. Timetable: Jkt 229001 Date FR Cite SBREFA Report .. NPRM .................. NPRM Comment Period End. Comment Period Extended to 01/ 11/2006. Public Hearing To Be Held 03/06/ 2006. Posthearing Comment Period End. Reopen Record ... Comment Period End. Close Record ...... Second Reopening Record. Comment Period End. Public Hearings ... Posthearing Comment Period End. Final Rule ............ 06/30/03 06/15/05 10/13/05 70 FR 34821 10/12/05 70 FR 59290 10/12/05 70 FR 59290 07/14/06 10/22/08 11/21/08 73 FR 62942 11/21/08 09/14/09 74 FR 46958 10/15/09 10/28/09 02/10/10 07/00/13 Regulatory Flexibility Analysis Required: Yes. Agency Contact: Dorothy Dougherty, Director, Directorate of Standards and Guidance, Department of Labor, Occupational Safety and Health PO 00000 Frm 00005 Fmt 4701 Sfmt 4702 44285 Administration, Room N–3718, FP Building, 200 Constitution Avenue NW., Washington, DC 20210, Phone: 202 693– 1950, Fax: 202 693–1678, Email: dougherty.dorothy@dol.gov. RIN: 1218–AB67 DEPARTMENT OF LABOR (DOL) Occupational Safety and Health Administration (OSHA) Long-Term Actions 211. Occupational Exposure to Food Flavorings Containing Diacetyl and Diacetyl Substitutes Legal Authority: 29 U.S.C. 655(b); 29 U.S.C. 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. Evidence indicates that exposure to flavorings containing diacetyl is associated with adverse effects on the respiratory system, including bronchiolitis obliterans, a debilitating and potentially fatal lung disease. OSHA denied the petition on September 25, 2007, but has initiated 6(b) rulemaking. OSHA published an Advance 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. NIOSH is currently developing a criteria document on occupational exposure to diacetyl. The criteria document will also address exposure to 2,3-pentanedione, a chemical that is structurally similar to diacetyl and has been used as a substitute for diacetyl in some applications. 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 E:\FR\FM\23JYP12.SGM 23JYP12 44286 Federal Register / Vol. 78, No. 141 / Tuesday, July 23, 2013 / Unified Agenda assessment for the Agency’s diacetyl rulemaking. Timetable: Action Date FR Cite Stakeholder Meeting. ANPRM ............... ANPRM Withdrawn. ANPRM Comment Period End. tkelley on DSK3SPTVN1PROD with PROPOSALS12 Action 10/17/07 72 FR 54619 01/21/09 03/17/09 74 FR 3937 74 FR 11329 VerDate Mar<15>2010 04/21/09 18:57 Jul 22, 2013 Jkt 229001 Date Completed SBREFA Report. Next Action Undetermined. FR Cite 07/02/09 Regulatory Flexibility Analysis Required: Yes. Agency Contact: Dorothy Dougherty, Director, Directorate of Standards and PO 00000 Frm 00006 Fmt 4701 Sfmt 9990 Guidance, Department of Labor, Occupational Safety and Health Administration, Room N–3718, FP Building, 200 Constitution Avenue NW., Washington, DC 20210, Phone: 202 693– 1950, Fax: 202 693–1678, Email: dougherty.dorothy@dol.gov. RIN: 1218–AC33. [FR Doc. 2013–17064 Filed 7–22–13; 8:45 am] BILLING CODE 4510–04–P E:\FR\FM\23JYP12.SGM 23JYP12 Vol. 78 Tuesday, No. 141 July 23, 2013 Part XIII Department of Transportation sroberts on DSK5SPTVN1PROD with PROPOSALS Semiannual Regulatory Agenda VerDate Mar<15>2010 00:06 Jul 23, 2013 Jkt 229001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\23JYP13.SGM 23JYP13

Agencies

[Federal Register Volume 78, Number 141 (Tuesday, July 23, 2013)]
[Unknown Section]
[Pages 44282-44287]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-17064]



[[Page 44281]]

Vol. 78

Tuesday,

No. 141

July 23, 2013

Part XII





Department of Labor





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Semiannual Regulatory Agenda

Federal Register / Vol. 78 , No. 141 / Tuesday, July 23, 2013 / 
Unified Agenda

[[Page 44282]]


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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. 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.
    On January 18, 2011, the President issued Executive Order (E.O.) 
13563, titled Improving Regulation and Regulatory Review. The 
Department of Labor's fall 2011 Regulatory Agenda aims to achieve more 
efficient and less burdensome regulation through our renewed commitment 
to conduct retrospective reviews of regulations.
    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.

Seth D. Harris,
Acting Secretary of Labor.

      Employee Benefits Security Administration--Completed Actions
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
203.......................  Ex Parte Cease and Desist          1210-AB48
                             and Summary Seizure
                             Orders Under ERISA
                             Section 521.
204.......................  Filings Required of                1210-AB51
                             Multiple Employer Welfare
                             Arrangements and Certain
                             Other Entities That Offer
                             or Provide Coverage for
                             Medical Care to the
                             Employees of Two or More
                             Employers.
------------------------------------------------------------------------


      Occupational Safety and Health Administration--Prerule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
205.......................  Bloodborne Pathogens               1218-AC34
                             (Section 610 Review).
206.......................  Definition and                     1218-AC83
                             Requirements for a
                             Nationally Recognized
                             Testing Laboratory
                             (Section 610 Review).
------------------------------------------------------------------------


   Occupational Safety and Health Administration--Proposed Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
207.......................  Occupational Exposure to           1218-AB70
                             Crystalline Silica.
208.......................  Occupational Exposure to           1218-AB76
                             Beryllium.
------------------------------------------------------------------------


     Occupational Safety and Health Administration--Final Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
209.......................  Confined Spaces in                 1218-AB47
                             Construction.

[[Page 44283]]

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


    Occupational Safety and Health Administration--Long-Term Actions
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
211.......................  Occupational Exposure to           1218-AC33
                             Food Flavorings
                             Containing Diacetyl and
                             Diacetyl Substitutes.
------------------------------------------------------------------------


DEPARTMENT OF LABOR (DOL)

Employee Benefits Security Administration (EBSA)

Completed Actions

203. Ex Parte Cease and Desist and Summary Seizure Orders Under ERISA 
Section 521

    Legal Authority: 29 U.S.C. 1151; 29 U.S.C. 1135
    Abstract: Section 521 of the Employee Retirement Income Security 
Act (ERISA) enacted under section 6605 of the Affordable Care Act (Pub. 
L. 111-148, 124 Stat. 780), authorizes the Secretary of Labor to issue 
a cease and desist order if it appears that a multiple employer welfare 
arrangement (MEWA) is fraudulent, creates an immediate danger to public 
safety or welfare, or can be reasonably expected to cause significant, 
imminent, and irreparable public injury. This section also authorizes 
the Secretary to issue a summary seizure order if it appears that a 
MEWA is in a financially hazardous condition. Regulatory guidance will 
provide standards for the issuance of such orders.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   12/06/11  76 FR 76235
NPRM Comment Period End.............   03/05/12  .......................
Final Rule..........................   03/01/13  78 FR 13797
Final Rule Effective................   04/01/13  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Stephanie Lewis, Attorney, Department of Labor, 
Employee Benefits Security Administration, 200 Constitution Avenue NW., 
FP Building, Room N-411, Washington, DC 20210, Phone: 202 693-5588.
    RIN: 1210-AB48

204. Filings Required of Multiple Employer Welfare Arrangements and 
Certain Other Entities That Offer or Provide Coverage for Medical Care 
to the Employees of Two or More Employers

    Legal Authority: sec 6606 of the Patient Protection and Affordable 
Care Act; Pub. L. 111-148; 124 Stat 119 (2010)
    Abstract: This is a proposed rule under title I of the Employee 
Retirement Income Security Act (ERISA) that, upon adoption, would 
implement reporting requirements for multiple employer welfare 
arrangements (MEWAs) and certain other entities that offer or provide 
health benefits for employees of two or more employers. The proposal 
amends existing reporting rules to incorporate new requirements enacted 
as part of the Patient Protection and Affordable Care Act (Affordable 
Care Act) and to more clearly address the reporting obligations of 
MEWAs that are ERISA plans.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   12/06/11  76 FR 76222
NPRM Comment Period End.............   03/05/12  .......................
Final Rule..........................   03/01/13  78 FR 13781
Final Rule Effective................   04/01/13  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Amy J. Turner, Senior Advisor, Department of Labor, 
Employee Benefits Security Administration, 200 Constitution Avenue NW., 
FP Building, Room N-5653, Washington, DC 20210, Phone: 202 693-8335, 
Fax: 202 219-1942.
    RIN: 1210-AB51

DEPARTMENT OF LABOR (DOL)

Occupational Safety and Health Administration (OSHA)

Prerule Stage

205. 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.......   10/00/13  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Agency Contact: Jens Svenson, Deputy Director, Directorate of 
Evaluation and Analysis, Department of Labor, Occupational Safety and 
Health Administration, 200 Constitution Avenue NW., Room N-3641, 
Washington, DC 20210, Phone: 202 693-2400, Fax: 202 693-1641, Email: 
svenson.jens@dol.gov.
    RIN: 1218-AC34

206.  Definition and Requirements for a Nationally Recognized 
Testing Laboratory (Section 610 Review)

    Legal Authority: 29 U.S.C. 655(b)

[[Page 44284]]

    Abstract: OSHA proposes to issue a Request for Information (RFI) 
for the Nationally Recognized Testing Laboratory (NRTL) Program. The 
NRTL Program was recently the subject of a GAO study, which recommended 
that OSHA reexamine the NRTL Program's structure and accreditation 
application procedures to identify and implement any alternatives that 
better align program design with resource levels and improve program 
timelines. As a result of the complexity of several issues identified 
in the GAO study, OSHA needs to gather more information before it can 
address some of the items identified and determine whether it must 
undertake rulemaking. The proposed RFI will solicit information on 
those topics identified in the GAO study as well as other topics 
proposed through discussions with stakeholders. Such topics include, 
but are not limited to, the use of a third party accreditation model, 
increased alignment with international standards, and allowable 
certification marks for the NRTL Program.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Request for Information.............   12/00/13  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Agency Contact: Amanda Edens, Acting Director, Directorate of 
Evaluation and Analysis, Department of Labor, Occupational Safety and 
Health Administration, 200 Constitution Avenue NW., Room N-3641, FP 
Building, Washington, DC 20210, Phone: 202 693-2400, Fax: 202 693-1641, 
Email: edens.mandy@dol.gov.
    RIN: 1218-AC83

DEPARTMENT OF LABOR (DOL)

Occupational Safety and Health Administration (OSHA)

Proposed Rule Stage

207. Occupational Exposure to Crystalline Silica

    Legal Authority: 29 U.S.C. 655(b); 29 U.S.C. 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 limit (PEL) for 
general industry is based on a formula proposed by the American 
Conference of Governmental Industrial Hygienists (ACGIH) in 1968 
(PEL=10mg/cubic meter/(% silica + 2), as respirable dust). The current 
PEL for construction and shipyards (derived from ACGIH's 1970 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. ASTM 
International has published recommended standards 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.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Completed SBREFA Report.............   12/19/03  .......................
Initiated Peer Review of Health        05/22/09  .......................
 Effects and Risk Assessment.
Completed Peer Review...............   01/24/10  .......................
NPRM................................   07/00/13  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Dorothy Dougherty, Director, Directorate of 
Standards and Guidance, Department of Labor, Occupational Safety and 
Health Administration, Room N-3718, FP Building, 200 Constitution 
Avenue NW., Washington, DC 20210, Phone: 202 693-1950, Fax: 202 693-
1678, Email: dougherty.dorothy@dol.gov.
    RIN: 1218-AB70

208. 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 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        02/24/03  .......................
 Period End.
SBREFA Report Completed.............   01/23/08
Initiated Peer Review of Health        03/22/10
 Effects and Risk Assessment.
Complete Peer Review................   11/19/10
NPRM................................   10/00/13
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Dorothy Dougherty, Director, Directorate of 
Standards and Guidance, Department of Labor, Occupational Safety and 
Health Administration, Room N-3718, FP Building, 200 Constitution 
Avenue NW., Washington, DC 20210, Phone: 202 693-1950, Fax: 202 693-
1678, Email: dougherty.dorothy@dol.gov.
    RIN: 1218-AB76


[[Page 44285]]



DEPARTMENT OF LABOR (DOL)

Occupational Safety and Health Administration (OSHA)

Final Rule Stage

209. Confined Spaces in Construction

    Legal Authority: 29 U.S.C. 655(b); 40 U.S.C. 333
    Abstract: In 1993, OSHA issued a rule to protect employees who 
enter confined spaces while engaged in general industry work (29 CFR 
1910.146). This standard has not been extended to cover employees 
entering confined spaces while engaged in construction work because of 
unique characteristics of construction worksites. Pursuant to 
discussions with the United Steel Workers of America that led to a 
settlement agreement regarding the general industry standard, OSHA 
agreed to issue a proposed rule to protect construction workers in 
confined spaces.
    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 Rule..........................   12/00/13  .......................
------------------------------------------------------------------------

    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-AB47

210. Electric Power Transmission and Distribution; Electrical 
Protective Equipment

    Legal Authority: 29 U.S.C. 655(b); 40 U.S.C. 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 
nearly 40 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, 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.
    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/      10/12/05  70 FR 59290
 2006.
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..........................   07/00/13  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Dorothy Dougherty, Director, Directorate of 
Standards and Guidance, Department of Labor, Occupational Safety and 
Health Administration, Room N-3718, FP Building, 200 Constitution 
Avenue NW., Washington, DC 20210, Phone: 202 693-1950, Fax: 202 693-
1678, Email: dougherty.dorothy@dol.gov.
    RIN: 1218-AB67

DEPARTMENT OF LABOR (DOL)

Occupational Safety and Health Administration (OSHA)

Long-Term Actions

211. Occupational Exposure to Food Flavorings Containing Diacetyl and 
Diacetyl Substitutes

    Legal Authority: 29 U.S.C. 655(b); 29 U.S.C. 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. Evidence indicates 
that exposure to flavorings containing diacetyl is associated with 
adverse effects on the respiratory system, including bronchiolitis 
obliterans, a debilitating and potentially fatal lung disease. OSHA 
denied the petition on September 25, 2007, but has initiated 6(b) 
rulemaking. OSHA published an Advance 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. NIOSH 
is currently developing a criteria document on occupational exposure to 
diacetyl. The criteria document will also address exposure to 2,3-
pentanedione, a chemical that is structurally similar to diacetyl and 
has been used as a substitute for diacetyl in some applications. 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

[[Page 44286]]

assessment for the Agency's diacetyl rulemaking.
    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  .......................
Next Action Undetermined............             .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Dorothy Dougherty, Director, Directorate of 
Standards and Guidance, Department of Labor, Occupational Safety and 
Health Administration, Room N-3718, FP Building, 200 Constitution 
Avenue NW., Washington, DC 20210, Phone: 202 693-1950, Fax: 202 693-
1678, Email: dougherty.dorothy@dol.gov.
    RIN: 1218-AC33.

[FR Doc. 2013-17064 Filed 7-22-13; 8:45 am]
BILLING CODE 4510-04-P