Semiannual agenda of regulations, 16920-16923 [2021-05476]

Download as PDF 16920 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / UA: Reg Flex Agenda 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 Office of the Secretary, Labor. Semiannual regulatory agenda. AGENCY: ACTION: 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 SUMMARY: 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. This document of the Department of Labor was signed on December 16, 2020, by Eugene Scalia, Secretary of Labor. That document with the original signature and date is maintained by the Department of Labor. For administrative purposes only, and in compliance with requirements of the Office of the Federal Register, the Department of Labor has delegated authority to the undersigned RISC Federal Register Liaison Officer to re-sign and submit the document in electronic format for publication, as an official document of the Department of Labor. This administrative process in no way alters the legal effect of this document upon publication in the Federal Register. Terri Tolson-Young Federal Register Liaison Officer, Regulatory Information Service Center. WAGE AND HOUR DIVISION—FINAL RULE STAGE Regulation Identifier No. Sequence No. Title 279 .................... Independent Contractor Status Under the Fair Labor Standards Act (Reg Plan Seq No. 66) ...................... 1235–AA34 References in boldface appear in The Regulatory Plan in part II of this issue of the Federal Register. EMPLOYMENT AND TRAINING ADMINISTRATION—PROPOSED RULE STAGE Regulation Identifier No. Sequence No. Title 280 .................... Temporary Employment of H-2B Foreign Workers in Certain Itinerant Occupations in the United States .... 1205–AB93 EMPLOYEE BENEFITS SECURITY ADMINISTRATION—FINAL RULE STAGE Regulation Identifier No. Sequence No. Title 281 .................... Financial Factors in Selecting Plan Investments (Reg Plan Seq No. 69) ...................................................... 1210–AB95 References in boldface appear in The Regulatory Plan in part II of this issue of the Federal Register. jbell on DSKJLSW7X2PROD with PROPOSALS11 EMPLOYEE BENEFITS SECURITY ADMINISTRATION—COMPLETED ACTIONS Regulation Identifier No. Sequence No. Title 282 .................... Transparency in Coverage ............................................................................................................................... VerDate Sep<11>2014 20:59 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\31MRP11.SGM 31MRP11 1210–AB93 16921 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / UA: Reg Flex Agenda OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION—PRERULE STAGE Regulation Identifier No. Sequence No. Title 283 .................... 284 .................... Emergency Response ...................................................................................................................................... Prevention of Workplace Violence in Health Care and Social Assistance ..................................................... 1218–AC91 1218–AD08 OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION—PROPOSED RULE STAGE Regulation Identifier No. Sequence No. Title 285 .................... 286 .................... Communication Tower Safety .......................................................................................................................... Tree Care Standard ......................................................................................................................................... 1218–AC90 1218–AD04 OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION—LONG-TERM ACTIONS Regulation Identifier No. Sequence No. Title 287 .................... 288 .................... Infectious Diseases .......................................................................................................................................... Process Safety Management and Prevention of Major Chemical Accidents .................................................. DEPARTMENT OF LABOR (DOL) Action Wage and Hour Division (WHD) Date NPRM .................. FR Cite 09/00/21 Final Rule Stage Regulatory Flexibility Analysis Required: Yes. Agency Contact: Brian Pasternak, Administrator, Office of Foreign Labor Certification, Department of Labor, Employment and Training Administration, 200 Constitution Avenue NW, FP Building, Washington, DC 20210, Phone: 202 513–7350. RIN: 1205–AB93 279. Independent Contractor Status Under the Fair Labor Standards Act Regulatory Plan: This entry is Seq. No. 66 in part II of this issue of the Federal Register. RIN: 1235–AA34 DEPARTMENT OF LABOR (DOL) Employment and Training Administration (ETA) DEPARTMENT OF LABOR (DOL) jbell on DSKJLSW7X2PROD with PROPOSALS11 Proposed Rule Stage 280. Temporary Employment of H–2B Foreign Workers in Certain Itinerant Occupations in the United States E.O. 13771 Designation: Regulatory. Legal Authority: 8 U.S.C. 1184; 8 U.S.C. 1103 Abstract: The United States Department of Labor’s (DOL) Employment and Training Administration and Wage and Hour Division, and the United States Department of Homeland Security (DHS), U.S. Citizenship and Immigration Services, are jointly amending regulations regarding the H– 2B non-immigrant visa program at 20 CFR part 655, subpart A. The Notice of Proposed Rulemaking (NPRM) will establish standards and procedures for employers seeking to hire foreign temporary nonagricultural workers for certain itinerant job opportunities, including entertainers and carnivals and utility vegetation management. Timetable: VerDate Sep<11>2014 20:59 Mar 30, 2021 Jkt 253001 Employee Benefits Security Administration (EBSA) Final Rule Stage 281. Financial Factors in Selecting Plan Investments Regulatory Plan: This entry is Seq. No. 69 in part II of this issue of the Federal Register. RIN: 1210–AB95 DEPARTMENT OF LABOR (DOL) Employee Benefits Security Administration (EBSA) 282. Transparency in Coverage E.O. 13771 Designation: Regulatory. Legal Authority: 42 U.S.C. 18031; 42 U.S.C. 300gg–15a; 29 U.S.C. 1185d Abstract: This final rule would implement portions of Executive Order 13877 (‘‘Improving Price and Quality Frm 00003 Fmt 4701 Sfmt 4702 Transparency in American Healthcare to Put Patients First’’, June 24, 2019), which provides that the Secretaries of Health and Human Services, the Treasury, and Labor will facilitate access to information about expected health care costs for patients before they receive care. Timetable: Action NPRM .................. NPRM Comment Period End. Final Rule ............ Final Rule Effective. Date FR Cite 11/27/19 01/29/20 84 FR 65464 11/20/20 01/11/21 85 FR 72158 Regulatory Flexibility Analysis Required: Yes. Agency Contact: Amber Rivers, Director, Office of Health Plan Standards and Compliance Assistance, Department of Labor, Employee Benefits Security Administration, 200 Constitution Avenue NW, Washington, DC 20210, Phone: 202 693–8335. RIN: 1210–AB93 DEPARTMENT OF LABOR (DOL) Occupational Safety and Health Administration (OSHA) Prerule Stage Completed Actions PO 00000 1218–AC46 1218–AC82 283. Emergency Response E.O. 13771 Designation: Regulatory. Legal Authority: 29 U.S.C. 655(b); 29 U.S.C. 657; 5 U.S.C. 609 Abstract: OSHA currently regulates aspects of emergency response and preparedness; some of these standards were promulgated decades ago, and E:\FR\FM\31MRP11.SGM 31MRP11 16922 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / UA: Reg Flex Agenda none were designed as comprehensive emergency response standards. Consequently, they do not address the full range of hazards or concerns currently facing emergency responders, and other workers providing skilled support, nor do they reflect major changes in performance specifications for protective clothing and equipment. The agency acknowledged that current OSHA standards also do not reflect all the major developments in safety and health practices that have already been accepted by the emergency response community and incorporated into industry consensus standards. OSHA is considering updating these standards with information gathered through an RFI and public meetings. Timetable: Action Date Stakeholder Meetings. Convene NACOSH Workgroup. NACOSH Review of Workgroup Report. Initiate SBREFA .. FR Cite 07/30/14 jbell on DSKJLSW7X2PROD with PROPOSALS11 Action Date Request for Information (RFI). RFI Comment Period End. Initiate SBREFA .. 12/07/16 FR Cite 81 FR 88147 04/06/17 Regulatory Flexibility Analysis Required: Yes. Agency Contact: Andrew Levinson, Deputy 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, Email: levinson.andrew@ dol.gov. RIN: 1218–AD08 DEPARTMENT OF LABOR (DOL) 12/14/16 Occupational Safety and Health Administration (OSHA) 02/00/21 Proposed Rule Stage 284. Prevention of Workplace Violence in Health Care and Social Assistance E.O. 13771 Designation: Regulatory. Legal Authority: 29 U.S.C. 655(b); 5 U.S.C. 609 Abstract: The Request for Information (RFI) (published on December 7, 2016 81 FR 88147) provides OSHA’s history with the issue of workplace violence in health care and social assistance, including a discussion of the Guidelines that were initially published in 1996, a 2014 update to the Guidelines, the agency’s use of 5(a)(1) in enforcement cases in health care. The RFI solicited information primarily from health care employers, workers and other subject matter experts on impacts of violence, prevention strategies, and other information that will be useful to the agency. OSHA was petitioned for a standard preventing workplace violence in health care by a broad coalition of labor unions, and in a separate petition 20:59 Mar 30, 2021 Jkt 253001 285. Communication Tower Safety E.O. 13771 Designation: Regulatory. Legal Authority: 29 U.S.C. 655(b); 5 U.S.C. 609 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. Due to recent FCC spectrum auctions and innovations in cellular technology, there will be a very high level of construction activity taking place on communication towers over the next few years. A similar increase in the number of construction projects needed to support cellular phone coverage triggered a spike in fatality and injury rates years ago. Based on information collected from an April 2016 Request for Information (RFI), OSHA concluded that current OSHA requirements such as those for fall protection and personnel hoisting, may not adequately cover all hazards of communication tower construction and maintenance activities. OSHA will use information collected 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. The Panel carefully PO 00000 Frm 00004 Fmt 4701 Sfmt 4702 considered the issue of the expansion of the rule beyond just communication towers. OSHA will continue to consider also covering structures that have telecommunications equipment on or attached to them (e.g., buildings, rooftops, water towers, billboards). Timetable: Action 12/00/20 09/09/15 Regulatory Flexibility Analysis Required: Yes. Agency Contact: Andrew Levinson, Deputy 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, Email: levinson.andrew@ dol.gov. RIN: 1218–AC91 VerDate Sep<11>2014 by the National Nurses United. On January 10, 2017, OSHA granted the petitions. Timetable: Request for Information (RFI). RFI Comment Period End. Initiate SBREFA .. Initiate SBREFA .. Complete SBREFA. NPRM .................. Date 04/15/15 FR Cite 80 FR 20185 06/15/15 01/04/17 05/31/18 10/11/18 07/00/21 Regulatory Flexibility Analysis Required: Yes. Agency Contact: Scott Ketcham, Director, Directorate of Construction, Department of Labor, Occupational Safety and Health Administration, 200 Constitution Avenue NW, Room N–3468, FP Building, Washington, DC 20210, Phone: 202 693–2020, Fax: 202 693–1689, Email: ketcham.scott@ dol.gov. RIN: 1218–AC90 286. 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). OSHA completed a Small Business Regulatory Enforcement Fairness Act (SBREFA) panel in May 2020, collecting information from affected small entities on a potential standard, including the scope of the standard, effective work practices, and arboricultural specific uses of equipment to guide OSHA in developing a rule that would best address industry safety and health concerns. Tree care continues to be a high-hazard industry. Timetable: Action Stakeholder Meeting. Initiate SBREFA .. Complete SBREFA. NPRM .................. Date FR Cite 07/13/16 01/10/20 05/22/20 10/00/21 Regulatory Flexibility Analysis Required: Yes. E:\FR\FM\31MRP11.SGM 31MRP11 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / UA: Reg Flex Agenda Agency Contact: Andrew Levinson, Deputy 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, Email: levinson.andrew@ dol.gov. RIN: 1218–AD04 DEPARTMENT OF LABOR (DOL) Occupational Safety and Health Administration (OSHA) 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: Long-Term Actions Action 287. Infectious Diseases jbell on DSKJLSW7X2PROD with PROPOSALS11 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, as well as new and emerging infectious disease threats, such as Severe Acute Respiratory Syndrome (SARS), the 2019 Novel Coronavirus (COVID–19), 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), COVID–19, 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 VerDate Sep<11>2014 20:59 Mar 30, 2021 Jkt 253001 Date Request for Information (RFI). RFI Comment Period End. Analyze Comments. Stakeholder Meetings. Initiate SBREFA .. Complete SBREFA. 05/06/10 FR Cite 75 FR 24835 08/04/10 12/30/10 07/05/11 76 FR 39041 06/04/14 12/22/14 NPRM .................. Frm 00005 Fmt 4701 288. 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: The 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. Next Action Undetermined. Date FR Cite 12/09/13 78 FR 73756 03/07/14 79 FR 13006 03/31/14 06/08/15 08/01/16 To Be Determined Regulatory Flexibility Analysis Required: Yes. Agency Contact: Andrew Levinson, Deputy 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, Email: levinson.andrew@ dol.gov. RIN: 1218–AC46 PO 00000 16923 Sfmt 9990 Regulatory Flexibility Analysis Required: Yes. Agency Contact: Andrew Levinson, Deputy 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, Email: levinson.andrew@ dol.gov. RIN: 1218–AC82 [FR Doc. 2021–05476 Filed 3–30–21; 8:45 am] BILLING CODE 4510–HL–P E:\FR\FM\31MRP11.SGM 31MRP11

Agencies

[Federal Register Volume 86, Number 60 (Wednesday, March 31, 2021)]
[Unknown Section]
[Pages 16920-16923]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-05476]



[[Page 16919]]

Vol. 86

Wednesday,

No. 60

March 31, 2021

Part XI





 Department of Labor





-----------------------------------------------------------------------





Semiannual Regulatory Agenda

Federal Register / Vol. 86 , No. 60 / Wednesday, March 31, 2021 / UA: 
Reg Flex Agenda

[[Page 16920]]


-----------------------------------------------------------------------

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.
    This document of the Department of Labor was signed on December 16, 
2020, by Eugene Scalia, Secretary of Labor. That document with the 
original signature and date is maintained by the Department of Labor. 
For administrative purposes only, and in compliance with requirements 
of the Office of the Federal Register, the Department of Labor has 
delegated authority to the undersigned RISC Federal Register Liaison 
Officer to re-sign and submit the document in electronic format for 
publication, as an official document of the Department of Labor. This 
administrative process in no way alters the legal effect of this 
document upon publication in the Federal Register.

Terri Tolson-Young
Federal Register Liaison Officer, Regulatory Information Service 
Center.

                Wage and Hour Division--Final Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
279.......................  Independent Contractor             1235-AA34
                             Status Under the Fair
                             Labor Standards Act (Reg
                             Plan Seq No. 66).
------------------------------------------------------------------------
References in boldface appear in The Regulatory Plan in part II of this
  issue of the Federal Register.


       Employment and Training Administration--Proposed Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
280.......................  Temporary Employment of H-         1205-AB93
                             2B Foreign Workers in
                             Certain Itinerant
                             Occupations in the United
                             States.
------------------------------------------------------------------------


       Employee Benefits Security Administration--Final Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
281.......................  Financial Factors in               1210-AB95
                             Selecting Plan
                             Investments (Reg Plan Seq
                             No. 69).
------------------------------------------------------------------------
References in boldface appear in The Regulatory Plan in part II of this
  issue of the Federal Register.


      Employee Benefits Security Administration--Completed Actions
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
282.......................  Transparency in Coverage..         1210-AB93
------------------------------------------------------------------------


[[Page 16921]]


      Occupational Safety and Health Administration--Prerule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
283.......................  Emergency Response........         1218-AC91
284.......................  Prevention of Workplace            1218-AD08
                             Violence in Health Care
                             and Social Assistance.
------------------------------------------------------------------------


   Occupational Safety and Health Administration--Proposed Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
285.......................  Communication Tower Safety         1218-AC90
286.......................  Tree Care Standard........         1218-AD04
------------------------------------------------------------------------


    Occupational Safety and Health Administration--Long-Term Actions
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
287.......................  Infectious Diseases.......         1218-AC46
288.......................  Process Safety Management          1218-AC82
                             and Prevention of Major
                             Chemical Accidents.
------------------------------------------------------------------------

DEPARTMENT OF LABOR (DOL)

Wage and Hour Division (WHD)

Final Rule Stage

279. Independent Contractor Status Under the Fair Labor Standards Act

    Regulatory Plan: This entry is Seq. No. 66 in part II of this issue 
of the Federal Register.
    RIN: 1235-AA34

DEPARTMENT OF LABOR (DOL)

Employment and Training Administration (ETA)

Proposed Rule Stage

280. Temporary Employment of H-2B Foreign Workers in Certain Itinerant 
Occupations in the United States

    E.O. 13771 Designation: Regulatory.
    Legal Authority: 8 U.S.C. 1184; 8 U.S.C. 1103
    Abstract: The United States Department of Labor's (DOL) Employment 
and Training Administration and Wage and Hour Division, and the United 
States Department of Homeland Security (DHS), U.S. Citizenship and 
Immigration Services, are jointly amending regulations regarding the H-
2B non-immigrant visa program at 20 CFR part 655, subpart A. The Notice 
of Proposed Rulemaking (NPRM) will establish standards and procedures 
for employers seeking to hire foreign temporary nonagricultural workers 
for certain itinerant job opportunities, including entertainers and 
carnivals and utility vegetation management.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   09/00/21
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Brian Pasternak, Administrator, Office of Foreign 
Labor Certification, Department of Labor, Employment and Training 
Administration, 200 Constitution Avenue NW, FP Building, Washington, DC 
20210, Phone: 202 513-7350.
    RIN: 1205-AB93

DEPARTMENT OF LABOR (DOL)

Employee Benefits Security Administration (EBSA)

Final Rule Stage

281. Financial Factors in Selecting Plan Investments

    Regulatory Plan: This entry is Seq. No. 69 in part II of this issue 
of the Federal Register.
    RIN: 1210-AB95

DEPARTMENT OF LABOR (DOL)

Employee Benefits Security Administration (EBSA)

Completed Actions

282. Transparency in Coverage

    E.O. 13771 Designation: Regulatory.
    Legal Authority: 42 U.S.C. 18031; 42 U.S.C. 300gg-15a; 29 U.S.C. 
1185d
    Abstract: This final rule would implement portions of Executive 
Order 13877 (``Improving Price and Quality Transparency in American 
Healthcare to Put Patients First'', June 24, 2019), which provides that 
the Secretaries of Health and Human Services, the Treasury, and Labor 
will facilitate access to information about expected health care costs 
for patients before they receive care.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   11/27/19  84 FR 65464
NPRM Comment Period End.............   01/29/20
Final Rule..........................   11/20/20  85 FR 72158
Final Rule Effective................   01/11/21
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Amber Rivers, Director, Office of Health Plan 
Standards and Compliance Assistance, Department of Labor, Employee 
Benefits Security Administration, 200 Constitution Avenue NW, 
Washington, DC 20210, Phone: 202 693-8335.
    RIN: 1210-AB93

DEPARTMENT OF LABOR (DOL)

Occupational Safety and Health Administration (OSHA)

Prerule Stage

283. Emergency Response

    E.O. 13771 Designation: Regulatory.
    Legal Authority: 29 U.S.C. 655(b); 29 U.S.C. 657; 5 U.S.C. 609
    Abstract: OSHA currently regulates aspects of emergency response 
and preparedness; some of these standards were promulgated decades ago, 
and

[[Page 16922]]

none were designed as comprehensive emergency response standards. 
Consequently, they do not address the full range of hazards or concerns 
currently facing emergency responders, and other workers providing 
skilled support, nor do they reflect major changes in performance 
specifications for protective clothing and equipment. The agency 
acknowledged that current OSHA standards also do not reflect all the 
major developments in safety and health practices that have already 
been accepted by the emergency response community and incorporated into 
industry consensus standards. OSHA is considering updating these 
standards with information gathered through an RFI and public meetings.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Stakeholder Meetings................   07/30/14
Convene NACOSH Workgroup............   09/09/15
NACOSH Review of Workgroup Report...   12/14/16
Initiate SBREFA.....................   02/00/21
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Andrew Levinson, Deputy 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, Email: 
[email protected].
    RIN: 1218-AC91

284. Prevention of Workplace Violence in Health Care and Social 
Assistance

    E.O. 13771 Designation: Regulatory.
    Legal Authority: 29 U.S.C. 655(b); 5 U.S.C. 609
    Abstract: The Request for Information (RFI) (published on December 
7, 2016 81 FR 88147) provides OSHA's history with the issue of 
workplace violence in health care and social assistance, including a 
discussion of the Guidelines that were initially published in 1996, a 
2014 update to the Guidelines, the agency's use of 5(a)(1) in 
enforcement cases in health care. The RFI solicited information 
primarily from health care employers, workers and other subject matter 
experts on impacts of violence, prevention strategies, and other 
information that will be useful to the agency. OSHA was petitioned for 
a standard preventing workplace violence in health care by a broad 
coalition of labor unions, and in a separate petition by the National 
Nurses United. On January 10, 2017, OSHA granted the petitions.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Request for Information (RFI).......   12/07/16  81 FR 88147
RFI Comment Period End..............   04/06/17
Initiate SBREFA.....................   12/00/20
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Andrew Levinson, Deputy 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, Email: 
[email protected].
    RIN: 1218-AD08

DEPARTMENT OF LABOR (DOL)

Occupational Safety and Health Administration (OSHA)

Proposed Rule Stage

285. Communication Tower Safety

    E.O. 13771 Designation: Regulatory.
    Legal Authority: 29 U.S.C. 655(b); 5 U.S.C. 609
    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. 
Due to recent FCC spectrum auctions and innovations in cellular 
technology, there will be a very high level of construction activity 
taking place on communication towers over the next few years. A similar 
increase in the number of construction projects needed to support 
cellular phone coverage triggered a spike in fatality and injury rates 
years ago. Based on information collected from an April 2016 Request 
for Information (RFI), OSHA concluded that current OSHA requirements 
such as those for fall protection and personnel hoisting, may not 
adequately cover all hazards of communication tower construction and 
maintenance activities. OSHA will use information collected 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. 
The Panel carefully considered the issue of the expansion of the rule 
beyond just communication towers. OSHA will continue to consider also 
covering structures that have telecommunications equipment on or 
attached to them (e.g., buildings, rooftops, water towers, billboards).
    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.....................   05/31/18
Complete SBREFA.....................   10/11/18
NPRM................................   07/00/21
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Scott Ketcham, Director, Directorate of 
Construction, Department of Labor, Occupational Safety and Health 
Administration, 200 Constitution Avenue NW, Room N-3468, FP Building, 
Washington, DC 20210, Phone: 202 693-2020, Fax: 202 693-1689, Email: 
[email protected].
    RIN: 1218-AC90

286. 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). OSHA completed a Small Business Regulatory 
Enforcement Fairness Act (SBREFA) panel in May 2020, collecting 
information from affected small entities on a potential standard, 
including the scope of the standard, effective work practices, and 
arboricultural specific uses of equipment to guide OSHA in developing a 
rule that would best address industry safety and health concerns. Tree 
care continues to be a high-hazard industry.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Stakeholder Meeting.................   07/13/16
Initiate SBREFA.....................   01/10/20
Complete SBREFA.....................   05/22/20
NPRM................................   10/00/21
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.

[[Page 16923]]

    Agency Contact: Andrew Levinson, Deputy 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, Email: 
[email protected].
    RIN: 1218-AD04

DEPARTMENT OF LABOR (DOL)

Occupational Safety and Health Administration (OSHA)

Long-Term Actions

287. 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, as well as 
new and emerging infectious disease threats, such as Severe Acute 
Respiratory Syndrome (SARS), the 2019 Novel Coronavirus (COVID-19), 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), COVID-19, 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: Andrew Levinson, Deputy 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, Email: 
[email protected].
    RIN: 1218-AC46

288. 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: The 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
Next Action Undetermined............
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Andrew Levinson, Deputy 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, Email: 
[email protected].
    RIN: 1218-AC82

[FR Doc. 2021-05476 Filed 3-30-21; 8:45 am]
BILLING CODE 4510-HL-P