Semiannual Agenda of Regulations, 11252-11256 [2023-02030]
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11252
Federal Register / Vol. 88, No. 35 / Wednesday, February 22, 2023 / UA: Reg Flex Agenda
Federal Register Notice contains the
regulatory flexibility agenda.
FOR FURTHER INFORMATION CONTACT:
Albert T. Herrera, 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.
Martin J. Walsh,
Secretary of Labor.
WAGE AND HOUR DIVISION—PROPOSED RULE STAGE
Regulation
Identifier No.
Sequence No.
Title
361 ....................
Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales and
Computer Employees (Reg Plan Seq No. 133).
Employee or Independent Contractor Classification Under the Fair Labor Standards Act ............................
362 ....................
1235–AA39
1235–AA43
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
363 ....................
364 ....................
Temporary Employment of H–2B Foreign Workers in the United States .......................................................
Improving Protections For Workers in Temporary Agricultural Employment in the United States .................
1205–AB93
1205–AC12
EMPLOYEE BENEFITS SECURITY ADMINISTRATION—FINAL RULE STAGE
Regulation
Identifier No.
Sequence No.
Title
365 ....................
Implement SECURE Act and Related Revisions to Employee Benefit Plan Annual Reporting on the Form
5500.
1210–AB97
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EMPLOYEE BENEFITS SECURITY ADMINISTRATION—COMPLETED ACTIONS
Regulation
Identifier No.
Sequence No.
Title
366 ....................
367 ....................
Requirements Related to Surprise Billing, Part 1 ............................................................................................
Prudence and Loyalty in Selecting Plan Investments and Exercising Shareholder Rights ............................
1210–AB99
1210–AC03
OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION—PRERULE STAGE
Regulation
Identifier No.
Sequence No.
Title
368 ....................
Process Safety Management and Prevention of Major Chemical Accidents ..................................................
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1218–AC82
Federal Register / Vol. 88, No. 35 / Wednesday, February 22, 2023 / UA: Reg Flex Agenda
11253
OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION—PRERULE STAGE—Continued
Regulation
Identifier No.
Sequence No.
Title
369 ....................
Prevention of Workplace Violence in Health Care and Social Assistance (Reg Plan Seq No. 141) ............
1218–AD08
References in boldface appear in The Regulatory Plan in part II of this issue of the Federal Register.
OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION—PROPOSED RULE STAGE
Sequence No.
370
371
372
373
....................
....................
....................
....................
Regulation
Identifier No.
Title
Infectious Diseases (Reg Plan Seq No. 143) .................................................................................................
Communication Tower Safety ..........................................................................................................................
Emergency Response ......................................................................................................................................
Tree Care Standard .........................................................................................................................................
1218–AC46
1218–AC90
1218–AC91
1218–AD04
References in boldface appear in The Regulatory Plan in part II of this issue of the Federal Register.
DEPARTMENT OF LABOR (DOL)
Action
Wage and Hour Division (WHD)
Proposed Rule Stage
361. Defining and Delimiting the
Exemptions for Executive,
Administrative, Professional, Outside
Sales and Computer Employees [1235–
AA39]
Regulatory Plan: This entry is Seq.
No. 133 in part II of this issue of the
Federal Register.
RIN: 1235–AA39
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362. • Employee or Independent
Contractor Classification Under the
Fair Labor Standards Act [1235–AA43]
Legal Authority: 52 Stat. 1060, as
amended; 29 U.S.C. 201–219
Abstract: On January 7, 2021, the
Department of Labor (Department)
published a final rule on independent
contractor status under the Fair Labor
Standards Act (FLSA). See 86 FR 1168
(2021 IC Rule). The Department
subsequently published final rules to
delay and withdraw the 2021 IC Rule on
March 4, 2021, and May 6, 2021,
respectively. See 86 FR 12535 (Delay
Rule); 86 FR 24303 (Withdrawal Rule).
On March 14, 2022, a district court in
the Eastern District of Texas vacated the
Department’s Delay and Withdrawal
Rules, concluding that the 2021 IC Rule
became effective as of March 8,
2021.The Department continues to
believe that the 2021 IC Rule does not
fully comport with the FLSA’s text and
purpose as interpreted by courts and has
proposed to rescind the 2021 IC rule
and set forth an analysis for determining
employee or independent contractor
status under the Act that is more
consistent with existing judicial
precedent and the Department’s
longstanding guidance prior to the 2021
IC rule.
Timetable:
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21:15 Feb 21, 2023
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Date
NPRM ..................
NPRM Comment
Period Extended.
NPRM Comment
Period Extended End.
Final Rule ............
10/13/22
10/26/22
FR Cite
87 FR 62218
87 FR 64749
12/13/22
05/00/23
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Amy DeBisschop,
Director of the Division of Regulations,
Legislation, and Interpretation,
Department of Labor, Wage and Hour
Division, 200 Constitution Avenue NW,
FP Building, Room S–3502,
Washington, DC 20210, Phone: 202 693–
0406.
RIN: 1235–AA43
DEPARTMENT OF LABOR (DOL)
Employment and Training
Administration (ETA)
Proposed Rule Stage
363. Temporary Employment of H–2B
Foreign Workers in the United States
[1205–AB93]
Legal Authority: 8 U.S.C. 1184; 8
U.S.C. 1103; sec. 655.0 issued under 8
U.S.C. 1101(a)(15)(E)(iii),
1101(a)(15)(H)(i) and (ii); 8 U.S.C.
1103(a)(6), 1182(m), (n) and (t), 1184(c),
(g), and (j), 1188, and 1288(c) and (d);
sec. 3(c)(1), Pub. L. 101–238; 103 Stat.
2099, 2102 (8 U.S.C. 1182 note); sec.
221(a), Pub. L. 101–649, 104 Stat. 4978,
5027 (8 U.S.C. 1184 note); sec. 303(a)(8),
Pub. L. 102–232, 105 Stat. 733, 1748 (8
U.S.C. 1101 note); sec. 323(c), Pub. L.
103–206, 107 Stat. 2428; sec. 412(e);
Pub. L. 105–277, 112 Stat. 2681 (8
U.S.C. 1182 note); sec. 2(d), Pub. L. 106–
95, 113 Stat. 1312, 1316 (8 U.S.C. 1182
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note); 29 U.S.C. 49k; Pub. L. 107–296,
116 Stat. 2135, as amended; Pub. L.
109–423, 120 Stat. 2900; . . .
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
proposing to update the H–2B visa
program regulations at 20 CFR part 655,
subpart A, the related prevailing wage
regulations at 20 CFR 656, and 8 CFR
214 governing the certification of the
employment of H–2B non-immigrant
workers in temporary or seasonal nonagricultural employment and the
enforcement of the obligations
applicable to employers of such
nonimmigrant workers and U.S. workers
in corresponding employment.
Specifically, the Notice of Proposed
Rulemaking (NPRM) would update the
process by which employers seeking to
employ H–2B workers would obtain
temporary certification from DOL for
use in petitioning DHS to employ a
nonimmigrant worker in H–2B status.
The updates would also establish
standards and procedures for employers
seeking to hire foreign temporary nonagricultural workers for certain itinerant
job opportunities, including
entertainers, tree planting, and utility
vegetation management.
Timetable:
Action
NPRM ..................
Date
FR Cite
08/00/23
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Brian Pasternak,
Administrator, Department of Labor,
Employment and Training
Administration, 200 Constitution
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Avenue NW, Office of Foreign Labor
Certification, Room N–5311, FP
Building, Washington, DC 20210,
Phone: 202 693–8200, Email:
pasternak.brian@dol.gov.
RIN: 1205–AB93
DEPARTMENT OF LABOR (DOL)
Employee Benefits Security
Administration (EBSA)
Final Rule Stage
364. • Improving Protections for
Workers in Temporary Agricultural
Employment in the United States [1205–
AC12]
Legal Authority: 8 U.S.C. 1188, 29
U.S.C. 49 et seq.
Abstract: The Department of Labor’s
(DOL) Employment and Training
Administration and Wage and Hour
Division propose to amend regulations
to improve working conditions and
protections for workers engaged in
temporary agricultural employment in
the United States; and strengthen
protections in the recruitment, job order
clearance, and oversight processes. The
proposed regulatory changes involve the
Employment Service and the H–2A nonimmigrant visa program at 29 CFR part
501 and 20 CFR parts 651, 653, 654,
655, and 658.
The Department has identified a need
to strengthen and clarify protections for
all temporary agricultural workers,
including U.S. workers and workers
employed through the H–2A temporary
agricultural program. The H–2A
temporary agricultural program allows
agricultural employers to perform
agricultural labor or services of a
temporary or seasonal nature so long as
there are not sufficient able, willing, and
qualified U.S. workers to perform the
work and the employment of H–2A
workers does not adversely affect the
wages and working conditions of
similarly employed workers in the
United States. The use of the H–2A
program has grown substantially in
recent years and the Department is
committed to protecting agricultural
workers in light of their significant
vulnerabilities.
Timetable:
Action
Date
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NPRM ..................
FR Cite
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Brian Pasternak,
Administrator, Department of Labor,
Employment and Training
Administration, 200 Constitution
Avenue NW, Office of Foreign Labor
Certification, Room N–5311, FP
Building, Washington, DC 20210,
Phone: 202 693–8200, Email:
pasternak.brian@dol.gov.
RIN: 1205–AC12
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365. Implement Secure Act and Related
Revisions to Employee Benefit Plan
Annual Reporting on the Form 5500
[1210–AB97]
Legal Authority: 29 U.S.C. 1021,
1023–24, 1026–27, and 1029–30; 29
U.S.C. 1135
Abstract: This regulatory action
would implement SECURE Act and
related changes to the Form 5500
Annual Return/Report of Employee
Benefit Plan and annual reporting
regulations under ERISA.
Timetable:
Action
Date
NPRM ..................
NPRM Comment
Period End.
Notice of Proposed Forms
Revision.
Notice of Proposed Forms
Revision Comment Period
End.
Final Rule Phase
I.
Final Rule Phase
II.
Final Rule Phase
III.
FR Cite
09/15/21
11/01/21
86 FR 51284
09/15/21
86 FR 51488
11/01/21
Jkt 250001
12/29/21
86 FR 73976
05/23/22
87 FR 31133
12/00/22
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Jeffrey J. Turner,
Deputy Director, Office of Regulations
and Interpretations, Department of
Labor, Employee Benefits Security
Administration, 200 Constitution
Avenue NW, FP Building, Room N–
5655, Washington, DC 20210, Phone:
202 693–8500.
RIN: 1210–AB97
DEPARTMENT OF LABOR (DOL)
Completed Actions
366. Requirements Related to Surprise
Billing, Part 1 [1210–AB99]
Legal Authority: Pub. L. 116–260,
Division BB, Title I and Title II
Abstract: This interim final rule with
comment would implement certain
protections against surprise medical
bills under the No Surprises Act,
including requirements on group health
plans, issuers offering group or
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Action
Interim Final Rule
Interim Final Rule
Comment Period End.
Interim Final Rule
Effective (Applicability Date 1/
1/2022).
Final Rule ............
Final Rule Effective.
Date
07/13/21
09/07/21
FR Cite
86 FR 36872
09/13/21
08/26/22
10/25/22
87 FR 52618
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, Email:
rivers.amber@dol.gov.
RIN: 1210–AB99
367. Prudence and Loyalty in Selecting
Plan Investments and Exercising
Shareholder Rights [1210–AC03]
Employee Benefits Security
Administration (EBSA)
06/00/23
individual health insurance coverage,
providers, facilities, and providers of air
ambulance services.
Timetable:
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Legal Authority: 29 U.S.C. 1104; 29
U.S.C. 1135
Abstract: This rulemaking
implements Executive Order 13990 of
January 20, 2021, titled Protecting
Public Health and the Environment and
Restoring Science to Tackle the Climate
Crisis, and Executive Order 14030 of
May 20, 2021, titled Climate-Related
Financial Risks. Among other things,
these Executive Orders direct Federal
agencies to review existing regulations
promulgated, issued, or adopted
between January 20, 2017, and January
20, 2021, that are or may be inconsistent
with, or present obstacles to, the
policies set forth in section 1 of the
orders 86 FR 7037 (January 25, 2021); 86
FR 27967 (May 25, 2021). Such policies
include the promotion and protection of
public health and the environment and
ensuring that agency activities are
guided by the best science and protected
by processes that ensure the integrity of
Federal decision-making, and to
advance consistent, clear, intelligible,
comparable, and accurate disclosure of
climate-related financial risk, including
both physical and transition risks.
Section 2 of Executive Order 13990
provides that for any such regulatory
actions identified by the agencies, the
heads of agencies shall, as appropriate
and consistent with applicable law,
consider suspending, revising, or
rescinding the agency actions. Section 4
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of Executive Order 14030 directs the
Secretary of Labor to consider
publishing, by September 2021, for
notice and comment a proposed rule to
suspend, revise, or rescind ‘‘Financial
Factors in Selecting Plan Investments,’’
85 FR 72846 (November 13, 2020), and
‘‘Fiduciary Duties Regarding Proxy
Voting and Shareholder Rights,’’ 85 FR
81658 (December 16, 2020). Following
review, the Department of Labor’s
Employee Benefits Security
Administration proposed amendments
to these rules on October 14, 2021. 86
FR 57272.
Timetable:
Action
Date
NPRM ..................
NPRM Comment
Period End.
Final Rule ............
Final Rule Effective.
FR Cite
10/14/21
12/13/21
86 FR 57272
12/01/22
01/30/23
87 FR 73822
Date
RFI Comment Period Extended
End.
Initiate SBREFA ..
SBREFA Report
Completed.
Stakeholder Meeting.
Analyze Comments.
FR Cite
03/31/14
06/08/15
08/01/16
10/12/22
11/00/23
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Andrew Levinson,
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
369. Prevention of Workplace Violence
in Health Care and Social Assistance
[1218–AD08]
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Jeffrey J. Turner,
Deputy Director, Office of Regulations
and Interpretations, Department of
Labor, Employee Benefits Security
Administration, 200 Constitution
Avenue NW, FP Building, Room N–
5655, Washington, DC 20210, Phone:
202 693–8500.
RIN: 1210–AC03
Regulatory Plan: This entry is Seq.
No. 141 in part II of this issue of the
Federal Register.
RIN: 1218–AD08
DEPARTMENT OF LABOR (DOL)
Occupational Safety and Health
Administration (OSHA)
DEPARTMENT OF LABOR (DOL)
Proposed Rule Stage
Occupational Safety and Health
Administration (OSHA)
370. Infectious Diseases [1218–AC46]
Regulatory Plan: This entry is Seq.
No. 143 in part II of this issue of the
Federal Register.
RIN: 1218–AC46
Prerule Stage
368. Process Safety Management and
Prevention of Major Chemical
Accidents [1218–AC82]
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Action
371. Communication Tower Safety
[1218–AC90]
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.
OSHA completed SBREFA in August
2016.
Timetable:
Action
Date
Request for Information (RFI).
RFI Comment Period Extended.
VerDate Sep<11>2014
FR Cite
12/09/13
78 FR 73756
03/07/14
79 FR 13006
21:15 Feb 21, 2023
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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
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11255
2015 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
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
03/00/23
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
372. Emergency Response [1218–AC91]
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
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 acknowledges 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
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Federal Register / Vol. 88, No. 35 / Wednesday, February 22, 2023 / UA: Reg Flex Agenda
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 ..
Finalize SBREFA
NPRM ..................
FR Cite
07/30/14
09/09/15
12/14/16
08/02/21
12/02/21
09/00/23
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Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Andrew Levinson,
Director, Directorate of Standards and
Guidance, Department of Labor,
Occupational Safety and Health
Administration, 200 Constitution
Avenue NW, FP Building, Room N–
VerDate Sep<11>2014
21:15 Feb 21, 2023
Jkt 250001
3718, Washington, DC 20210, Phone:
202–693–1950, Email:
levinson.andrew@dol.gov.
RIN: 1218–AC91
373. Tree Care Standard [1218–AD04]
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.
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Timetable:
Action
Stakeholder Meeting.
Initiate SBREFA ..
Complete
SBREFA.
NPRM ..................
Date
FR Cite
07/13/16
01/10/20
05/22/20
05/00/23
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Andrew Levinson,
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
[FR Doc. 2023–02030 Filed 2–21–23; 8:45 am]
BILLING CODE 4510–HL–P
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[Federal Register Volume 88, Number 35 (Wednesday, February 22, 2023)]
[Unknown Section]
[Pages 11252-11256]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-02030]
[[Page 11251]]
Vol. 88
Wednesday,
No. 35
February 22, 2023
Part XII
Department of Labor
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Semiannual Regulatory Agenda
Federal Register / Vol. 88, No. 35 / Wednesday, February 22, 2023 /
UA: Reg Flex Agenda
[[Page 11252]]
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DEPARTMENT OF LABOR
Office of the Secretary
20 CFR Chs. I, IV, V, VI, VII, and IX
29 CFR Subtitle A and Chs. II, IV, V, XVII, and XXV
30 CFR Ch. I
41 CFR Ch. 60
48 CFR Ch. 29
Semiannual Agenda of Regulations
AGENCY: Office of the Secretary, Labor.
ACTION: Semiannual Regulatory Agenda.
-----------------------------------------------------------------------
SUMMARY: The internet has become the means for disseminating the
entirety of the Department of Labor's semiannual regulatory agenda.
However, the Regulatory Flexibility Act requires publication of a
regulatory flexibility agenda in the Federal Register. This Federal
Register Notice contains the regulatory flexibility agenda.
FOR FURTHER INFORMATION CONTACT: Albert T. Herrera, 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.
Martin J. Walsh,
Secretary of Labor.
Wage and Hour Division--Proposed Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
361....................... Defining and Delimiting 1235-AA39
the Exemptions for
Executive,
Administrative,
Professional, Outside
Sales and Computer
Employees (Reg Plan Seq
No. 133).
362....................... Employee or Independent 1235-AA43
Contractor Classification
Under the Fair Labor
Standards Act.
------------------------------------------------------------------------
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.
------------------------------------------------------------------------
363....................... Temporary Employment of H- 1205-AB93
2B Foreign Workers in the
United States.
364....................... Improving Protections For 1205-AC12
Workers in Temporary
Agricultural Employment
in the United States.
------------------------------------------------------------------------
Employee Benefits Security Administration--Final Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
365....................... Implement SECURE Act and 1210-AB97
Related Revisions to
Employee Benefit Plan
Annual Reporting on the
Form 5500.
------------------------------------------------------------------------
Employee Benefits Security Administration--Completed Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
366....................... Requirements Related to 1210-AB99
Surprise Billing, Part 1.
367....................... Prudence and Loyalty in 1210-AC03
Selecting Plan
Investments and
Exercising Shareholder
Rights.
------------------------------------------------------------------------
Occupational Safety and Health Administration--Prerule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
368....................... Process Safety Management 1218-AC82
and Prevention of Major
Chemical Accidents.
[[Page 11253]]
369....................... Prevention of Workplace 1218-AD08
Violence in Health Care
and Social Assistance
(Reg Plan Seq No. 141).
------------------------------------------------------------------------
References in boldface appear in The Regulatory Plan in part II of this
issue of the Federal Register.
Occupational Safety and Health Administration--Proposed Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
370....................... Infectious Diseases (Reg 1218-AC46
Plan Seq No. 143).
371....................... Communication Tower Safety 1218-AC90
372....................... Emergency Response........ 1218-AC91
373....................... Tree Care Standard........ 1218-AD04
------------------------------------------------------------------------
References in boldface appear in The Regulatory Plan in part II of this
issue of the Federal Register.
DEPARTMENT OF LABOR (DOL)
Wage and Hour Division (WHD)
Proposed Rule Stage
361. Defining and Delimiting the Exemptions for Executive,
Administrative, Professional, Outside Sales and Computer Employees
[1235-AA39]
Regulatory Plan: This entry is Seq. No. 133 in part II of this
issue of the Federal Register.
RIN: 1235-AA39
362. Employee or Independent Contractor Classification Under
the Fair Labor Standards Act [1235-AA43]
Legal Authority: 52 Stat. 1060, as amended; 29 U.S.C. 201-219
Abstract: On January 7, 2021, the Department of Labor (Department)
published a final rule on independent contractor status under the Fair
Labor Standards Act (FLSA). See 86 FR 1168 (2021 IC Rule). The
Department subsequently published final rules to delay and withdraw the
2021 IC Rule on March 4, 2021, and May 6, 2021, respectively. See 86 FR
12535 (Delay Rule); 86 FR 24303 (Withdrawal Rule). On March 14, 2022, a
district court in the Eastern District of Texas vacated the
Department's Delay and Withdrawal Rules, concluding that the 2021 IC
Rule became effective as of March 8, 2021.The Department continues to
believe that the 2021 IC Rule does not fully comport with the FLSA's
text and purpose as interpreted by courts and has proposed to rescind
the 2021 IC rule and set forth an analysis for determining employee or
independent contractor status under the Act that is more consistent
with existing judicial precedent and the Department's longstanding
guidance prior to the 2021 IC rule.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 10/13/22 87 FR 62218
NPRM Comment Period Extended........ 10/26/22 87 FR 64749
NPRM Comment Period Extended End.... 12/13/22 .......................
Final Rule.......................... 05/00/23 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Amy DeBisschop, Director of the Division of
Regulations, Legislation, and Interpretation, Department of Labor, Wage
and Hour Division, 200 Constitution Avenue NW, FP Building, Room S-
3502, Washington, DC 20210, Phone: 202 693-0406.
RIN: 1235-AA43
DEPARTMENT OF LABOR (DOL)
Employment and Training Administration (ETA)
Proposed Rule Stage
363. Temporary Employment of H-2B Foreign Workers in the United States
[1205-AB93]
Legal Authority: 8 U.S.C. 1184; 8 U.S.C. 1103; sec. 655.0 issued
under 8 U.S.C. 1101(a)(15)(E)(iii), 1101(a)(15)(H)(i) and (ii); 8
U.S.C. 1103(a)(6), 1182(m), (n) and (t), 1184(c), (g), and (j), 1188,
and 1288(c) and (d); sec. 3(c)(1), Pub. L. 101-238; 103 Stat. 2099,
2102 (8 U.S.C. 1182 note); sec. 221(a), Pub. L. 101-649, 104 Stat.
4978, 5027 (8 U.S.C. 1184 note); sec. 303(a)(8), Pub. L. 102-232, 105
Stat. 733, 1748 (8 U.S.C. 1101 note); sec. 323(c), Pub. L. 103-206, 107
Stat. 2428; sec. 412(e); Pub. L. 105-277, 112 Stat. 2681 (8 U.S.C. 1182
note); sec. 2(d), Pub. L. 106-95, 113 Stat. 1312, 1316 (8 U.S.C. 1182
note); 29 U.S.C. 49k; Pub. L. 107-296, 116 Stat. 2135, as amended; Pub.
L. 109-423, 120 Stat. 2900; . . .
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 proposing to update the H-2B visa
program regulations at 20 CFR part 655, subpart A, the related
prevailing wage regulations at 20 CFR 656, and 8 CFR 214 governing the
certification of the employment of H-2B non-immigrant workers in
temporary or seasonal non-agricultural employment and the enforcement
of the obligations applicable to employers of such nonimmigrant workers
and U.S. workers in corresponding employment. Specifically, the Notice
of Proposed Rulemaking (NPRM) would update the process by which
employers seeking to employ H-2B workers would obtain temporary
certification from DOL for use in petitioning DHS to employ a
nonimmigrant worker in H-2B status. The updates would also establish
standards and procedures for employers seeking to hire foreign
temporary non-agricultural workers for certain itinerant job
opportunities, including entertainers, tree planting, and utility
vegetation management.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 08/00/23
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Brian Pasternak, Administrator, Department of
Labor, Employment and Training Administration, 200 Constitution
[[Page 11254]]
Avenue NW, Office of Foreign Labor Certification, Room N-5311, FP
Building, Washington, DC 20210, Phone: 202 693-8200, Email:
[email protected].
RIN: 1205-AB93
364. Improving Protections for Workers in Temporary
Agricultural Employment in the United States [1205-AC12]
Legal Authority: 8 U.S.C. 1188, 29 U.S.C. 49 et seq.
Abstract: The Department of Labor's (DOL) Employment and Training
Administration and Wage and Hour Division propose to amend regulations
to improve working conditions and protections for workers engaged in
temporary agricultural employment in the United States; and strengthen
protections in the recruitment, job order clearance, and oversight
processes. The proposed regulatory changes involve the Employment
Service and the H-2A non-immigrant visa program at 29 CFR part 501 and
20 CFR parts 651, 653, 654, 655, and 658.
The Department has identified a need to strengthen and clarify
protections for all temporary agricultural workers, including U.S.
workers and workers employed through the H-2A temporary agricultural
program. The H-2A temporary agricultural program allows agricultural
employers to perform agricultural labor or services of a temporary or
seasonal nature so long as there are not sufficient able, willing, and
qualified U.S. workers to perform the work and the employment of H-2A
workers does not adversely affect the wages and working conditions of
similarly employed workers in the United States. The use of the H-2A
program has grown substantially in recent years and the Department is
committed to protecting agricultural workers in light of their
significant vulnerabilities.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 06/00/23
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Brian Pasternak, Administrator, Department of
Labor, Employment and Training Administration, 200 Constitution Avenue
NW, Office of Foreign Labor Certification, Room N-5311, FP Building,
Washington, DC 20210, Phone: 202 693-8200, Email:
[email protected].
RIN: 1205-AC12
DEPARTMENT OF LABOR (DOL)
Employee Benefits Security Administration (EBSA)
Final Rule Stage
365. Implement Secure Act and Related Revisions to Employee Benefit
Plan Annual Reporting on the Form 5500 [1210-AB97]
Legal Authority: 29 U.S.C. 1021, 1023-24, 1026-27, and 1029-30; 29
U.S.C. 1135
Abstract: This regulatory action would implement SECURE Act and
related changes to the Form 5500 Annual Return/Report of Employee
Benefit Plan and annual reporting regulations under ERISA.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 09/15/21 86 FR 51284
NPRM Comment Period End............. 11/01/21
Notice of Proposed Forms Revision... 09/15/21 86 FR 51488
Notice of Proposed Forms Revision 11/01/21
Comment Period End.
Final Rule Phase I.................. 12/29/21 86 FR 73976
Final Rule Phase II................. 05/23/22 87 FR 31133
Final Rule Phase III................ 12/00/22
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Jeffrey J. Turner, Deputy Director, Office of
Regulations and Interpretations, Department of Labor, Employee Benefits
Security Administration, 200 Constitution Avenue NW, FP Building, Room
N-5655, Washington, DC 20210, Phone: 202 693-8500.
RIN: 1210-AB97
DEPARTMENT OF LABOR (DOL)
Employee Benefits Security Administration (EBSA)
Completed Actions
366. Requirements Related to Surprise Billing, Part 1 [1210-AB99]
Legal Authority: Pub. L. 116-260, Division BB, Title I and Title II
Abstract: This interim final rule with comment would implement
certain protections against surprise medical bills under the No
Surprises Act, including requirements on group health plans, issuers
offering group or individual health insurance coverage, providers,
facilities, and providers of air ambulance services.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Interim Final Rule.................. 07/13/21 86 FR 36872
Interim Final Rule Comment Period 09/07/21
End.
Interim Final Rule Effective 09/13/21
(Applicability Date 1/1/2022).
Final Rule.......................... 08/26/22 87 FR 52618
Final Rule Effective................ 10/25/22
------------------------------------------------------------------------
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, Email: [email protected].
RIN: 1210-AB99
367. Prudence and Loyalty in Selecting Plan Investments and Exercising
Shareholder Rights [1210-AC03]
Legal Authority: 29 U.S.C. 1104; 29 U.S.C. 1135
Abstract: This rulemaking implements Executive Order 13990 of
January 20, 2021, titled Protecting Public Health and the Environment
and Restoring Science to Tackle the Climate Crisis, and Executive Order
14030 of May 20, 2021, titled Climate-Related Financial Risks. Among
other things, these Executive Orders direct Federal agencies to review
existing regulations promulgated, issued, or adopted between January
20, 2017, and January 20, 2021, that are or may be inconsistent with,
or present obstacles to, the policies set forth in section 1 of the
orders 86 FR 7037 (January 25, 2021); 86 FR 27967 (May 25, 2021). Such
policies include the promotion and protection of public health and the
environment and ensuring that agency activities are guided by the best
science and protected by processes that ensure the integrity of Federal
decision-making, and to advance consistent, clear, intelligible,
comparable, and accurate disclosure of climate-related financial risk,
including both physical and transition risks. Section 2 of Executive
Order 13990 provides that for any such regulatory actions identified by
the agencies, the heads of agencies shall, as appropriate and
consistent with applicable law, consider suspending, revising, or
rescinding the agency actions. Section 4
[[Page 11255]]
of Executive Order 14030 directs the Secretary of Labor to consider
publishing, by September 2021, for notice and comment a proposed rule
to suspend, revise, or rescind ``Financial Factors in Selecting Plan
Investments,'' 85 FR 72846 (November 13, 2020), and ``Fiduciary Duties
Regarding Proxy Voting and Shareholder Rights,'' 85 FR 81658 (December
16, 2020). Following review, the Department of Labor's Employee
Benefits Security Administration proposed amendments to these rules on
October 14, 2021. 86 FR 57272.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 10/14/21 86 FR 57272
NPRM Comment Period End............. 12/13/21
Final Rule.......................... 12/01/22 87 FR 73822
Final Rule Effective................ 01/30/23
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Jeffrey J. Turner, Deputy Director, Office of
Regulations and Interpretations, Department of Labor, Employee Benefits
Security Administration, 200 Constitution Avenue NW, FP Building, Room
N-5655, Washington, DC 20210, Phone: 202 693-8500.
RIN: 1210-AC03
DEPARTMENT OF LABOR (DOL)
Occupational Safety and Health Administration (OSHA)
Prerule Stage
368. Process Safety Management and Prevention of Major Chemical
Accidents [1218-AC82]
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. OSHA completed
SBREFA in August 2016.
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
Stakeholder Meeting................. 10/12/22
Analyze Comments.................... 11/00/23
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Andrew Levinson, 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
369. Prevention of Workplace Violence in Health Care and Social
Assistance [1218-AD08]
Regulatory Plan: This entry is Seq. No. 141 in part II of this
issue of the Federal Register.
RIN: 1218-AD08
DEPARTMENT OF LABOR (DOL)
Occupational Safety and Health Administration (OSHA)
Proposed Rule Stage
370. Infectious Diseases [1218-AC46]
Regulatory Plan: This entry is Seq. No. 143 in part II of this
issue of the Federal Register.
RIN: 1218-AC46
371. Communication Tower Safety [1218-AC90]
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 2015 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................................ 03/00/23
------------------------------------------------------------------------
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
372. Emergency Response [1218-AC91]
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 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
acknowledges 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
[[Page 11256]]
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..................... 08/02/21 .......................
Finalize SBREFA..................... 12/02/21 .......................
NPRM................................ 09/00/23 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Andrew Levinson, 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
373. Tree Care Standard [1218-AD04]
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................................ 05/00/23 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Andrew Levinson, 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
[FR Doc. 2023-02030 Filed 2-21-23; 8:45 am]
BILLING CODE 4510-HL-P
