Semiannual Agenda of Regulations, 27157-27160 [2018-11251]
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Vol. 83
Monday,
No. 112
June 11, 2018
Part XII
Department of Labor
daltland on DSKBBV9HB2PROD with PROPOSALS4
Semiannual Regulatory Agenda
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27158
Federal Register / Vol. 83, No. 112 / Monday, June 11, 2018 / Unified Agenda
Federal Register Notice contains the
regulatory flexibility agenda.
FOR FURTHER INFORMATION CONTACT:
Laura M. Dawkins, Director, Office of
Regulatory and Programmatic 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.
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
Note: Information pertaining to a specific
regulation can be obtained from the agency
contact listed for that particular regulation.
41 CFR Ch. 60
48 CFR Ch. 29
Semiannual Agenda of Regulations
AGENCY:
ACTION:
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
SUPPLEMENTARY INFORMATION:
Office of the Secretary, Labor.
Semiannual Regulatory Agenda.
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
SUMMARY:
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 Department’s Regulatory
Flexibility Agenda does not include
section 610 items at this time.
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.
R. Alexander Acosta,
Secretary of Labor.
EMPLOYEE BENEFITS SECURITY ADMINISTRATION—FINAL RULE STAGE
Regulation
Identifier No.
Sequence No.
Title
145 ....................
Definition of an ‘Employer’ Under Section 3(5) of ERISA—Association Health Plans ...................................
1210–AB85
OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION—PRERULE STAGE
Regulation
Identifier No.
Sequence No.
Title
146 ....................
147 ....................
Communication Tower Safety ..........................................................................................................................
Tree Care Standard .........................................................................................................................................
1218–AC90
1218–AD04
OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION—LONG-TERM ACTIONS
Regulation
Identifier No.
Sequence No.
Title
148 ....................
149 ....................
Infectious Diseases ..........................................................................................................................................
Process Safety Management and Prevention of Major Chemical Accidents ..................................................
section 3(5) of ERISA and sponsor an
association health plan that is an
employee welfare benefit plan and a
group health plan under title I of ERISA.
Timetable:
DEPARTMENT OF LABOR (DOL)
Employee Benefits Security
Administration (EBSA)
daltland on DSKBBV9HB2PROD with PROPOSALS4
Final Rule Stage
145. Definition of an ‘Employer’ Under
Section 3(5) of ERISA—Association
Health Plans
E.O. 13771 Designation: Deregulatory.
Legal Authority: 29 U.S.C. 3(1), 3(5),
and 505
Abstract: This regulatory action
would establish criteria for an employer
group or association to act as an
‘‘employer’’ within the meaning of
VerDate Sep<11>2014
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Jkt 244001
Action
Date
NPRM ..................
NPRM Comment
Period End.
Analyze Comments.
01/05/18
03/06/18
FR Cite
83 FR 614
Agency Contact: Amy J. Turner,
Director, Office of Health Plan
Standards and Compliance Assistance,
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–AB85.
05/00/18
Regulatory Flexibility Analysis
Required: Yes.
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1218–AC46
1218–AC82
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27159
Federal Register / Vol. 83, No. 112 / Monday, June 11, 2018 / Unified Agenda
DEPARTMENT OF LABOR (DOL)
Occupational Safety and Health
Administration (OSHA)
Prerule Stage
146. Communication Tower Safety
E.O. 13771 Designation: Regulatory.
Legal Authority: 29 U.S.C. 655
Abstract: While the number of
employees engaged in the
communication tower industry remains
small, the fatality rate is very high. Over
the past 20 years, this industry has
experienced an average fatality rate that
greatly exceeds that of the construction
industry, for example. Falls are the
leading cause of death in tower work
and OSHA has evidence that fall
protection is used either improperly or
inconsistently. Based on information
collected from an April 2016 Request for
Information, OSHA understands that
employees are often hoisted to working
levels on small base-mounted drum
hoists that have been mounted to a truck
chassis, and these may not be rated to
hoist personnel. Communication tower
construction and maintenance activities
are not adequately covered by current
OSHA fall protection and personnel
hoisting standards, and OSHA plans to
use information it will collect from a
Small Business Regulatory Enforcement
Fairness Act (SBREFA) panel to identify
effective work practices and advances in
engineering technology that would best
address industry safety and health
concerns. While this panel will be
focused on communication towers,
OSHA plans to consider inclusion of
structures that have telecommunications
equipment on or attached to them (e.g.,
buildings, rooftops, water towers,
billboards, etc.).
Timetable:
Action
Date
daltland on DSKBBV9HB2PROD with PROPOSALS4
Request For Information (RFI).
RFI Comment Period End.
Initiate SBREFA ..
Initiate SBREFA ..
04/15/15
FR Cite
80 FR 20185
06/15/15
01/04/17
05/00/18
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Dean McKenzie,
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, Email: mckenzie.dean@dol.gov.
RIN: 1218–AC90
147. Tree Care Standard
E.O. 13771 Designation: Regulatory.
VerDate Sep<11>2014
20:48 Jun 08, 2018
Jkt 244001
Legal Authority: Not Yet Determined
Abstract: There is no OSHA standard
for tree care operations; the agency
currently applies a patchwork of
standards to address the serious hazards
in this industry. The tree care industry
previously petitioned the agency for
rulemaking and OSHA issued an
ANPRM (September 2008). Tree care
continues to be a high-hazard industry.
Timetable:
drug treatment programs, and other
occupational settings where employees
can be at increased risk of exposure to
potentially infectious people. A
standard could also apply to
laboratories, which handle materials
that may be a source of pathogens, and
to pathologists, coroners’ offices,
medical examiners, and mortuaries.
Timetable:
Action
Action
Date
Stakeholder Meeting.
Initiate SBREFA ..
07/13/16
04/00/19
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, FP Building, Room
N–3718, Washington, DC 20210, Phone:
202 693–1950, Fax: 202 693–1678,
Email: perry.bill@dol.gov.
RIN: 1218–AD04
DEPARTMENT OF LABOR (DOL)
Occupational Safety and Health
Administration (OSHA)
Long-Term Actions
148. Infectious Diseases
E.O. 13771 Designation: Regulatory.
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
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
influenza. Health care workers and
workers in related occupations, or who
are exposed in other high-risk
environments, are at increased risk of
contracting TB, SARS, MethicillinResistant Staphylococcus Aureus
(MRSA), and other infectious diseases
that can be transmitted through a variety
of exposure routes. OSHA is examining
regulatory alternatives for control
measures to protect employees from
infectious disease exposures to
pathogens that can cause significant
disease. Workplaces where such control
measures might be necessary include:
Health care, emergency response,
correctional facilities, homeless shelters,
PO 00000
Frm 00003
Fmt 4701
Sfmt 4702
Date
FR Cite
FR Cite
Request for Information (RFI).
RFI Comment Period End.
Analyze Comments.
Stakeholder Meetings.
Initiate SBREFA ..
Complete
SBREFA.
NPRM ..................
05/06/10
75 FR 24835
08/04/10
12/30/10
07/05/11
76 FR 39041
06/04/14
12/22/14
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, FP Building, Room
N–3718, Washington, DC 20210, Phone:
202 693–1950, Fax: 202 693–1678,
Email: perry.bill@dol.gov.
RIN: 1218–AC46
149. Process Safety Management and
Prevention of Major Chemical
Accidents
E.O. 13771 Designation: Regulatory.
Legal Authority: 29 U.S.C. 655; 29
U.S.C. 657
Abstract: In accordance with the
Executive Order 13650, Improving
Chemical Facility Safety and Security,
Occupational Safety and Health
Administration (OSHA) issued a
Request for Information (RFI) on
December 9, 2013 (78 FR 73756). The
RFI identified issues related to
modernization of the Process Safety
Management standard and related
standards necessary to meet the goal of
preventing major chemical accidents.
Timetable:
Action
Request for Information (RFI).
RFI Comment Period Extended.
RFI Comment Period Extended
End.
Initiate SBREFA ..
SBREFA Report
Completed.
E:\FR\FM\11JNP12.SGM
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Date
FR Cite
12/09/13
78 FR 73756
03/07/14
79 FR 13006
03/31/14
06/08/15
08/01/16
27160
Federal Register / Vol. 83, No. 112 / Monday, June 11, 2018 / Unified Agenda
Action
Date
FR Cite
Next Action Undetermined.
daltland on DSKBBV9HB2PROD with PROPOSALS4
Regulatory Flexibility Analysis
Required: Yes.
VerDate Sep<11>2014
20:48 Jun 08, 2018
Jkt 244001
Agency Contact: William Perry,
Director, Directorate of Standards and
Guidance, Department of Labor,
Occupational Safety and Health
Administration, 200 Constitution
Avenue NW, FP Building, Room
PO 00000
Frm 00004
Fmt 4701
Sfmt 9990
N–3718, Washington, DC 20210, Phone:
202 693–1950, Fax: 202 693–1678,
Email: perry.bill@dol.gov.
RIN: 1218–AC82
[FR Doc. 2018–11251 Filed 6–8–18; 8:45 am]
BILLING CODE 4510–HL–P
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]]>Agencies
[Federal Register Volume 83, Number 112 (Monday, June 11, 2018)]
[Unknown Section]
[Pages 27157-27160]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-11251]
[[Page 27157]]
Vol. 83
Monday,
No. 112
June 11, 2018
Part XII
Department of Labor
-----------------------------------------------------------------------
Semiannual Regulatory Agenda
Federal Register / Vol. 83 , No. 112 / Monday, June 11, 2018 /
Unified Agenda
[[Page 27158]]
-----------------------------------------------------------------------
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: Laura M. Dawkins, Director, Office of
Regulatory and Programmatic 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 Department's Regulatory Flexibility
Agenda does not include section 610 items at this time.
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.
R. Alexander Acosta,
Secretary of Labor.
Employee Benefits Security Administration--Final Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
145....................... Definition of an 1210-AB85
`Employer' Under Section
3(5) of ERISA--
Association Health Plans.
------------------------------------------------------------------------
Occupational Safety and Health Administration--Prerule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
146....................... Communication Tower Safety 1218-AC90
147....................... Tree Care Standard........ 1218-AD04
------------------------------------------------------------------------
Occupational Safety and Health Administration--Long-Term Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
148....................... Infectious Diseases....... 1218-AC46
149....................... Process Safety Management 1218-AC82
and Prevention of Major
Chemical Accidents.
------------------------------------------------------------------------
DEPARTMENT OF LABOR (DOL)
Employee Benefits Security Administration (EBSA)
Final Rule Stage
145. Definition of an `Employer' Under Section 3(5) of ERISA--
Association Health Plans
E.O. 13771 Designation: Deregulatory.
Legal Authority: 29 U.S.C. 3(1), 3(5), and 505
Abstract: This regulatory action would establish criteria for an
employer group or association to act as an ``employer'' within the
meaning of section 3(5) of ERISA and sponsor an association health plan
that is an employee welfare benefit plan and a group health plan under
title I of ERISA.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 01/05/18 83 FR 614
NPRM Comment Period End............. 03/06/18 .......................
Analyze Comments.................... 05/00/18 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Amy J. Turner, Director, Office of Health Plan
Standards and Compliance Assistance, 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-AB85.
[[Page 27159]]
DEPARTMENT OF LABOR (DOL)
Occupational Safety and Health Administration (OSHA)
Prerule Stage
146. Communication Tower Safety
E.O. 13771 Designation: Regulatory.
Legal Authority: 29 U.S.C. 655
Abstract: While the number of employees engaged in the
communication tower industry remains small, the fatality rate is very
high. Over the past 20 years, this industry has experienced an average
fatality rate that greatly exceeds that of the construction industry,
for example. Falls are the leading cause of death in tower work and
OSHA has evidence that fall protection is used either improperly or
inconsistently. Based on information collected from an April 2016
Request for Information, OSHA understands that employees are often
hoisted to working levels on small base-mounted drum hoists that have
been mounted to a truck chassis, and these may not be rated to hoist
personnel. Communication tower construction and maintenance activities
are not adequately covered by current OSHA fall protection and
personnel hoisting standards, and OSHA plans to use information it will
collect from a Small Business Regulatory Enforcement Fairness Act
(SBREFA) panel to identify effective work practices and advances in
engineering technology that would best address industry safety and
health concerns. While this panel will be focused on communication
towers, OSHA plans to consider inclusion of structures that have
telecommunications equipment on or attached to them (e.g., buildings,
rooftops, water towers, billboards, etc.).
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Request For Information (RFI)....... 04/15/15 80 FR 20185
RFI Comment Period End.............. 06/15/15 .......................
Initiate SBREFA..................... 01/04/17 .......................
Initiate SBREFA..................... 05/00/18 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Dean McKenzie, 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, Email:
[email protected].
RIN: 1218-AC90
147. Tree Care Standard
E.O. 13771 Designation: Regulatory.
Legal Authority: Not Yet Determined
Abstract: There is no OSHA standard for tree care operations; the
agency currently applies a patchwork of standards to address the
serious hazards in this industry. The tree care industry previously
petitioned the agency for rulemaking and OSHA issued an ANPRM
(September 2008). Tree care continues to be a high-hazard industry.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Stakeholder Meeting................. 07/13/16 .......................
Initiate SBREFA..................... 04/00/19 .......................
------------------------------------------------------------------------
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, FP Building, Room N-3718,
Washington, DC 20210, Phone: 202 693-1950, Fax: 202 693-1678, Email:
[email protected].
RIN: 1218-AD04
DEPARTMENT OF LABOR (DOL)
Occupational Safety and Health Administration (OSHA)
Long-Term Actions
148. Infectious Diseases
E.O. 13771 Designation: Regulatory.
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
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 influenza. Health care
workers and workers in related occupations, or who are exposed in other
high-risk environments, are at increased risk of contracting TB, SARS,
Methicillin-Resistant Staphylococcus Aureus (MRSA), and other
infectious diseases that can be transmitted through a variety of
exposure routes. OSHA is examining regulatory alternatives for control
measures to protect employees from infectious disease exposures to
pathogens that can cause significant disease. Workplaces where such
control measures might be necessary include: Health care, emergency
response, correctional facilities, homeless shelters, drug treatment
programs, and other occupational settings where employees can be at
increased risk of exposure to potentially infectious people. A standard
could also apply to laboratories, which handle materials that may be a
source of pathogens, and to pathologists, coroners' offices, medical
examiners, and mortuaries.
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................................ 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, FP Building, Room N-3718,
Washington, DC 20210, Phone: 202 693-1950, Fax: 202 693-1678, Email:
[email protected].
RIN: 1218-AC46
149. Process Safety Management and Prevention of Major Chemical
Accidents
E.O. 13771 Designation: Regulatory.
Legal Authority: 29 U.S.C. 655; 29 U.S.C. 657
Abstract: In accordance with the Executive Order 13650, Improving
Chemical Facility Safety and Security, Occupational Safety and Health
Administration (OSHA) issued a Request for Information (RFI) on
December 9, 2013 (78 FR 73756). The RFI identified issues related to
modernization of the Process Safety Management standard and related
standards necessary to meet the goal of preventing major chemical
accidents.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Request for Information (RFI)....... 12/09/13 78 FR 73756
RFI Comment Period Extended......... 03/07/14 79 FR 13006
RFI Comment Period Extended End..... 03/31/14 .......................
Initiate SBREFA..................... 06/08/15 .......................
SBREFA Report Completed............. 08/01/16 .......................
[[Page 27160]]
Next Action Undetermined............
------------------------------------------------------------------------
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, FP Building, Room N-3718,
Washington, DC 20210, Phone: 202 693-1950, Fax: 202 693-1678, Email:
[email protected].
RIN: 1218-AC82
[FR Doc. 2018-11251 Filed 6-8-18; 8:45 am]
BILLING CODE 4510-HL-P
