Semiannual Regulatory Agenda | Occupational Safety and Health Administration

Publication Date:

02/13/2012
Publication Type:

Unified Agenda
Fed Register #:
77:7974-7977
Standard Number:

1910.146

1910.1030
Title:

Semiannual Regulatory Agenda

[Federal Register Volume 77, Number 29 (Monday, February 13, 2012)][Unknown Section][Pages 7974-7977]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-1652]

Vol. 77

Monday,

No. 29

February 13, 2012

Part XII

Department of Labor

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

Semiannual Regulatory Agenda

Federal Register / Vol. 77, No. 29 / Monday, February 13, 2012 /
Unified 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

AGENCY: Office of the Secretary, Labor.

ACTION: Semiannual regulatory agenda.

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

SUMMARY: The Internet has become the means for disseminating the
entirety of the Department of Labor's semiannual regulatory agenda.
However, the Regulatory Flexibility Act requires publication of a
regulatory flexibility agenda in the Federal Register. This Federal
Register notice contains the regulatory flexibility agenda. In
addition, the Department's regulatory plan, a subset of the
Department's regulatory agenda, is being published in the Federal
Register. The regulatory plan contains a statement of the Department's
regulatory priorities and the regulatory actions the Department wants
to highlight as its most important and significant.

FOR FURTHER INFORMATION CONTACT: Kathleen Franks, Director, Office of
Regulatory Policy, Office of the Assistant Secretary for Policy, U.S.
Department of Labor, 200 Constitution Avenue NW., Room S-2312,
Washington, DC 20210; 202 693-5959.

Note: Information pertaining to a specific regulation can be
obtained from the agency contact listed for that particular
regulation.

SUPPLEMENTARY INFORMATION: Executive Order 12866 requires the
semiannual publication of an agenda of regulations that contains a
listing of all the regulations the Department of Labor expects to have
under active consideration for promulgation, proposal, or review during
the coming one-year period. The entirety of the Department's semiannual
agenda is available online at www.reginfo.gov.
On January 18, 2011, the President issued Executive Order (E.O.)
13563, entitled "Improving Regulation and Regulatory Review." The
Department of Labor's fall 2011 regulatory agenda aims to achieve more
efficient and less burdensome regulation through our renewed commitment
to conduct retrospective reviews of regulations.
The Regulatory Flexibility Act (5 U.S.C. 602) requires DOL to
publish in the Federal Register a regulatory flexibility agenda. The
Department's Regulatory Flexibility Agenda published with this notice,
includes only those rules on its semiannual agenda that are likely to
have a significant economic impact on a substantial number of small
entities; and those rules identified for periodic review in keeping
with the requirements of section 610 of the Regulatory Flexibility Act.
Thus, the regulatory flexibility agenda is a subset of the Department's
semiannual regulatory agenda. At this time, there is only one item,
listed below, on the Department's regulatory flexibility agenda.

Occupational Safety and Health Administration

Bloodborne Pathogens (RIN 1218-AC34)

In addition, the Department's regulatory plan, also a subset of the
Department's regulatory agenda, is being published in the Federal
Register. The Regulatory Plan contains a statement of the Department's
regulatory priorities and the regulatory actions the Department wants
to highlight as its most important and significant.
All interested members of the public are invited and encouraged to
let departmental officials know how our regulatory efforts can be
improved, and are invited to participate in and comment on the review
or development of the regulations listed on the Department's agenda.

Hilda L. Solis,
Secretary of Labor.

Office of Workers' Compensation Programs--Completed Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
397....................... Regulations Implementing 1240-AA02
the Longshore and Harbor
Workers' Compensation
Act: Recreational Vessels.
------------------------------------------------------------------------

Employee Benefits Security Administration--Proposed Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
398....................... Filings Required of 1210-AB51
Multiple Employer Welfare
Arrangements and Certain
Other Entities That Offer
or Provide Coverage for
Medical Care to the
Employees of Two or More
Employers.
------------------------------------------------------------------------

Occupational Safety and Health Administration--Prerule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
399....................... Bloodborne Pathogens 1218-AC34
(Section 610 Review).
------------------------------------------------------------------------

Occupational Safety and Health Administration--Proposed Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
400....................... Occupational Exposure to 1218-AB70
Crystalline Silica (Reg
Plan Seq No. 100).
------------------------------------------------------------------------
References in boldface appear in The Regulatory Plan in part II of this
issue of the Federal Register.

Occupational Safety and Health Administration--Final Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
401....................... Confined Spaces in 1218-AB47
Construction.
402....................... Electric Power 1218-AB67
Transmission and
Distribution; Electrical
Protective Equipment.
------------------------------------------------------------------------

Occupational Safety and Health Administration--Long-Term Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
403....................... Occupational Exposure to 1218-AB76
Beryllium.
404....................... Occupational Exposure to 1218-AC33
Food Flavorings
Containing Diacetyl and
Diacetyl Substitutes.
------------------------------------------------------------------------

DEPARTMENT OF LABOR (DOL)

Office of Workers' Compensation Programs (OWCP)

Completed Actions

397. Regulations Implementing the Longshore and Harbor Workers'
Compensation Act: Recreational Vessels

Legal Authority: 33 U.S.C. 939
Abstract: The American Recovery and Reinvestment Act of 2009
amended the Longshore and Harbor Workers' Compensation Act, 33 U.S.C.
901 to 950, to exclude from the Act's coverage certain employees who
repair recreational vessels and who dismantle them for repair,
regardless of the vessel's length. On August 17, 2010, (republished on
Oct. 15, 2010), the Department issued a Notice of Proposed Rulemaking
revising the definition of recreational vessel and addressing coverage
of those employees who work in both qualifying maritime employment and
employment excluded under the amendment. The comment period ended on
November 17, 2010.
Timetable:

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Brandon Miller, Chief, Branch of Financial
Management, Insurance and Assessment, Department of Labor, Office of
Workers' Compensation Programs, 200 Constitution Avenue NW., FP
Building, Room C-4315, Washington, DC 20210, Phone: 202 693-0925, Fax:
202 693-1380, Email: miller.brandon@dol.gov.
RIN: 1240-AA02

DEPARTMENT OF LABOR (DOL)

Employee Benefits Security Administration (EBSA)

Proposed Rule Stage

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

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

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 12/06/11 76 FR 76222
NPRM Comment Period End............. 03/05/12 .......................
------------------------------------------------------------------------

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

DEPARTMENT OF LABOR (DOL)

Occupational Safety and Health Administration (OSHA)

Prerule Stage

399. Bloodborne Pathogens (Section 610 Review)

Legal Authority: 5 U.S.C. 533; 5 U.S.C. 610; 29 U.S.C. 655(b)
Abstract: OSHA will undertake a review of the Bloodborne Pathogen
Standard (29 CFR 1910.1030) in accordance with the requirements of the
Regulatory Flexibility Act and section 5 of Executive Order 12866. The
review will consider the continued need for the rule; whether the rule
overlaps, duplicates, or conflicts with other Federal, State or local
regulations; and the degree to which technology, economic conditions,
or other factors may have changed since the rule was evaluated.
Timetable:

Regulatory Flexibility Analysis Required: No.
Agency Contact: Dorothy Dougherty, Acting Director, Directorate of
Evaluation and Analysis, Department of Labor, Occupational Safety and
Health Administration, Room N-3641, FP Building, 200 Constitution
Avenue NW., Washington, DC 20210, Phone: 202 693-2400, Fax: 202 693-
1641, Email: dougherty.dorothy@dol.gov.
RIN: 1218-AC34

DEPARTMENT OF LABOR (DOL)

Occupational Safety and Health Administration (OSHA)

Proposed Rule Stage

400. Occupational Exposure to Crystalline Silica

Regulatory Plan: This entry is Seq. No. 100 in part II of this
issue of the Federal Register.
RIN: 1218-AB70

DEPARTMENT OF LABOR (DOL)

Occupational Safety and Health Administration (OSHA)

Final Rule Stage

401. Confined Spaces in Construction

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

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Jim Maddux, Director, Directorate of Construction,
Department of Labor, Occupational Safety and Health Administration,
Room N-3468, FP Building, 200 Constitution Avenue NW., Washington, DC
20210, Phone: 202 693-2020, Fax: 202 693-1689, Email:
maddux.jim@dol.gov.
RIN: 1218-AB47

402. Electric Power Transmission and Distribution; Electrical
Protective Equipment

Legal Authority: 29 U.S.C. 655(b); 40 U.S.C. 333
Abstract: Electrical hazards are a major cause of occupational
death in the United States. The annual fatality rate for power line
workers is about 50 deaths per 100,000 employees. The construction
industry standard addressing the safety of these workers during the
construction of electric power transmission and distribution lines is
over 35 years old. OSHA has developed a revision of this standard that
will prevent many of these fatalities, add flexibility to the standard,
and update and streamline the standard. OSHA also intends to amend the
corresponding standard for general industry so that requirements for
work performed during the maintenance of electric power transmission
and distribution installations are the same as those for similar work
in construction. In addition, OSHA will be revising a few miscellaneous
general industry requirements primarily affecting electric transmission
and distribution work, including provisions on electrical protective
equipment and foot protection. This rulemaking also addresses fall
protection in aerial lifts for work on power generation, transmission,
and distribution installations. OSHA published an NPRM on June 15,
2005. A public hearing was held from March 6 through March 14, 2006.
OSHA reopened the record to gather additional information on minimum
approach distances for specific ranges of voltages. The record was
reopened a second time to allow more time for comment and to gather
information on minimum approach distances for all voltages and on the
newly revised Institute of Electrical and Electronics Engineers
consensus standard. Additionally, a public hearing was held on October
28, 2009.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
SBREFA Report....................... 06/30/03 .......................
NPRM................................ 06/15/05 70 FR 34821
NPRM Comment Period End............. 10/13/05 .......................
Comment Period Extended to 01/11/ 10/12/05 70 FR 59290
2006.
Public Hearing To Be Held 03/06/2006 10/12/05 70 FR 59290
Posthearing Comment Period End...... 07/14/06 .......................
Reopen Record....................... 10/22/08 73 FR 62942
Comment Period End.................. 11/21/08 .......................
Close Record........................ 11/21/08 .......................
Second Reopening Record............. 09/14/09 74 FR 46958
Comment Period End.................. 10/15/09 .......................
Public Hearings..................... 10/28/09 .......................
Posthearing Comment Period End...... 02/10/10 .......................
Final Rule.......................... 05/00/12 .......................
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Dorothy Dougherty, Acting Director, Directorate of
Evaluation and Analysis, Department of Labor, Occupational Safety and
Health Administration, Room N-3641, FP Building, 200 Constitution
Avenue NW., Washington, DC 20210, Phone: 202 693-2400, Fax: 202 693-
1641, Email: dougherty.dorothy@dol.gov.
RIN: 1218-AB67

DEPARTMENT OF LABOR (DOL)

Occupational Safety and Health Administration (OSHA)

Long-Term Actions

403. Occupational Exposure to Beryllium

Legal Authority: 29 U.S.C. 655(b); 29 U.S.C. 657
Abstract: In 1999 and 2001, OSHA was petitioned to issue an
emergency temporary standard by the United Steel Workers (formerly the
Paper Allied-Industrial, Chemical, and Energy Workers Union), Public
Citizen Health Research Group, and others. The Agency denied the
petitions but stated its intent to begin data gathering to collect
needed information on beryllium's toxicity, risks, and patterns of
usage.
On November 26, 2002, OSHA published a Request for Information
(RFI) (67 FR 70707) to solicit information pertinent to occupational
exposure to beryllium, including: Current exposures to beryllium; the
relationship between exposure to beryllium and the development of
adverse health effects; exposure assessment and monitoring methods;
exposure control methods; and medical surveillance. In addition, the
Agency conducted field surveys of selected worksites to assess current
exposures and control methods being used to reduce employee exposures
to beryllium. OSHA convened a Small Business Advocacy Review Panel
under the Small Business Regulatory Enforcement Fairness Act (SBREFA) and
completed the SBREFA Report in January 2008. OSHA completed a
scientific peer review of its draft risk assessment.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Request for Information............. 11/26/02 67 FR 70707
Request For Information Comment 02/24/03 .......................
Period End.
SBREFA Report Completed............. 01/23/08 .......................
Initiated Peer Review of Health 03/22/10 .......................
Effects and Risk Assessment.
Complete Peer Review................ 11/19/10 .......................
Next Action Undetermined............ .......................
------------------------------------------------------------------------

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

Legal Authority: 29 U.S.C. 655(b); 29 U.S.C. 657
Abstract: On July 26, 2006, the United Food and Commercial Workers
International Union (UFCW) and the International Brotherhood of
Teamsters (IBT) petitioned DOL for an Emergency Temporary Standard
(ETS) for all employees exposed to diacetyl, a major component in
artificial butter flavoring. Diacetyl and a number of other volatile
organic compounds are used to manufacture artificial butter food
flavorings. These food flavorings are used by various food
manufacturers in a multitude of food products, including microwave
popcorn, certain bakery goods, and some snack foods. Evidence indicates
that exposure to flavorings containing diacetyl is associated with
adverse effects on the respiratory system, including bronchiolitis
obliterans, a debilitating and potentially fatal lung disease. OSHA
denied the petition on September 25, 2007, but has initiated 6(b)
rulemaking. OSHA published an Advance Notice of Proposed Rulemaking
(ANPRM) on January 21, 2009, but withdrew the ANPRM on March 17, 2009,
in order to facilitate timely development of a standard. The Agency
subsequently initiated review of the draft proposed standard in
accordance with the Small Business Regulatory Enforcement Fairness Act
(SBREFA). The SBREFA Panel Report was completed on July 2, 2009. NIOSH
is currently developing a criteria document on occupational exposure to
diacetyl. The criteria document will also address exposure to 2,3-
pentanedione, a chemical that is structurally similar to diacetyl and
has been used as a substitute for diacetyl in some applications. It
will include an assessment of the effects of exposure as well as
quantitative risk assessment. OSHA intends to rely on these portions of
the criteria document for the health effects analysis and quantitative
risk assessment for the Agency's diacetyl rulemaking.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Stakeholder Meeting................. 10/17/07 72 FR 54619
ANPRM............................... 01/21/09 74 FR 3937
ANPRM Withdrawn..................... 03/17/09 74 FR 11329
ANPRM Comment Period End............ 04/21/09 .......................
Completed SBREFA Report............. 07/02/09 .......................
Next Action Undetermined............ .......................
------------------------------------------------------------------------

[FR Doc. 2012-1652 Filed 2-10-12; 8:45 am]
BILLING CODE 4510-04-P