[Federal Register Volume 89, Number 159 (Friday, August 16, 2024)]
[Unknown Section]
[Pages 66838-66845]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-16455]
Vol. 89
Friday,
No. 159
August 16, 2024
Part XI
Department of Labor
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Semiannual Regulatory Agenda
Federal Register / Vol. 89 , No. 159 / Friday, August 16, 2024 / UA:
Reg Flex Agenda
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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.
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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.
Julie A. Su,
Acting Secretary of Labor.
Wage and Hour Division--Final Rule Stage
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Regulation
Sequence No. Title Identifier No.
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142....................... Defining and Delimiting 1235-AA39
the Exemptions for
Executive,
Administrative,
Professional, Outside
Sales, and Computer
Employees.
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Wage and Hour Division--Completed Actions
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Regulation
Sequence No. Title Identifier No.
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143....................... Employee or Independent 1235-AA43
Contractor Classification
Under the Fair Labor
Standards Act.
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Employment and Training Administration--Proposed Rule Stage
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Regulation
Sequence No. Title Identifier No.
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144....................... Temporary Employment of H- 1205-AB93
2B Foreign Workers in the
United States.
145....................... Employer-Provided Survey 1205-AC15
Wage Methodology for the
Temporary Non-
Agricultural Employment H-
2B Program.
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Employment and Training Administration--Final Rule Stage
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Regulation
Sequence No. Title Identifier No.
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146....................... National Apprenticeship 1205-AC13
System Enhancements.
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Employment and Training Administration--Completed Actions
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Regulation
Sequence No. Title Identifier No.
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147....................... Workforce Innovation and 1205-AC01
Opportunity Act
Effectiveness in Serving
Employers Performance
Indicator Provisions.
148....................... Workforce Innovation and 1205-AC08
Opportunity Act Title I
Non-Core Programs
Effectiveness in Serving
Employers Performance
Indicator.
149....................... Improving Protections for 1205-AC12
Workers in Temporary
Agricultural Employment
in the United States.
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Employee Benefits Security Administration--Final Rule Stage
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Regulation
Sequence No. Title Identifier No.
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150....................... Independent Dispute 1210-AC17
Resolution Operations.
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Employee Benefits Security Administration--Completed Actions
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Regulation
Sequence No. Title Identifier No.
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151....................... Retirement Security Rule: 1210-AC02
Definition of an
Investment Advice
Fiduciary.
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Mine Safety and Health Administration--Completed Actions
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Regulation
Sequence No. Title Identifier No.
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152....................... Respirable Crystalline 1219-AB36
Silica.
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Occupational Safety and Health Administration--Proposed Rule Stage
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Regulation
Sequence No. Title Identifier No.
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153....................... Infectious Diseases....... 1218-AC46
154....................... Process Safety Management 1218-AC82
and Prevention of Major
Chemical Accidents.
155....................... Communication Tower Safety 1218-AC90
156....................... Emergency Response........ 1218-AC91
157....................... Tree Care Standard........ 1218-AD04
158....................... Prevention of Workplace 1218-AD08
Violence in Health Care
and Social Assistance.
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DEPARTMENT OF LABOR (DOL)
Wage and Hour Division (WHD)
Final Rule Stage
142. Defining and Delimiting the Exemptions for Executive,
Administrative, Professional, Outside Sales, and Computer Employees
[1235-AA39]
Legal Authority: 29 U.S.C. 201 et seq.; 29 U.S.C. 213
Abstract: The Department of Labor (Department) proposed to update
and revise the regulations issued under the Fair Labor Standards Act
implementing the exemptions from minimum wage and overtime pay
requirements for executive, administrative, professional, outside
sales, and computer employees. As part of this rulemaking, the
Department held a series of stakeholder listening sessions between
March and June 2022, to gather input on its part 541 regulations.
Stakeholders invited to participate in these listening sessions
included representatives from labor unions; worker advocate groups;
industry associations; small business associations; state and local
governments; tribal governments; non-profits; and representatives from
specific industries such as K-12 education, higher education,
healthcare, retail, restaurant, manufacturing, and wholesale.
Stakeholders were invited to share their input on issues including the
appropriate EAP salary level, the costs and benefits of increasing the
salary level to employers and employees, the methodology for updating
the salary level and frequency of updates, and whether changes to the
duties test are warranted. A listening session was held specifically
for State and local governments on April 1, 2022, and a session for
Tribal governments was held on May 12, 2022.
The Department published a final rule on April 26, 2024, that
updates the standard salary level and the total annual compensation
required for the exemption of highly compensated employees. Under this
final rule, beginning July 1, 2024, the standard salary level for bona
fide executive, administrative, and professional employees, who are
currently required to be paid a salary level of at least $684 per week,
must be paid a salary level of not less than $844 per week (equivalent
to $43,888 per year). On July 1, 2024, the highly compensated employee
(HCE) threshold will also increase from $107,432 to $132,694 annually.
Beginning January 1, 2025, the standard salary level will increase from
$844 to $1,128 per week, which is based on the 35th percentile of full-
time salaried
worker earnings in the lowest-wage Census Region (the South), and the
HCE threshold will increase from $132,964 to $151,164 annually, which
is based on the annualized earnings of the 85th percentile of full-time
salaried worker earnings nationwide. The Department also adds to the
regulations an updating mechanism to allow for the timely and efficient
updating of all the earnings thresholds. On July 1, 2027, and every 3
years thereafter, the standard salary level and HCE total annual
compensation requirement will be updated using the methodology in
effect at the time of the update. The Department proposed in sections
IV.B.1 and B.2 of the NPRM to apply the updated standard salary level
to the four U.S. territories that are subject to the federal minimum
wage (Puerto Rico, Guam, the U.S. Virgin Islands, and the Commonwealth
of the Northern Mariana Islands) and to update the special salary
levels for American Samoa and the motion picture industry in relation
to the new standard salary level. The Department will address these
aspects of its proposal in a future final rule.
Timetable:
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Action Date FR Cite
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NPRM................................ 09/08/23 88 FR 62152
NPRM Comment Period End............. 11/07/23
Final Rule.......................... 04/26/24 89 FR 32842
Final Rule Effective................ 07/01/24
Analyze Comments.................... 05/00/25
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Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Daniel Navarrete, Acting 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-AA39
DEPARTMENT OF LABOR (DOL)
Wage and Hour Division (WHD)
Completed Actions
143. 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: The Department proposed to rescind the Independent
Contractor Status under the Fair Labor Standards Act rule published on
January 7, 2021, 86 FR 1168 (2021 IC Rule) and provide guidance for
determining employee or independent contractor status under the FLSA
that is more consistent with existing judicial precedent and the
Department's longstanding guidance prior to the 2021 IC Rule. The
Department conducted extensive stakeholder engagement prior to
publishing the NPRM on October 13, 2022. The Department's Wage and Hour
Division (WHD) held a number of stakeholder forums in the summer of
2022, which solicited participation from many workers, unions,
businesses, free-lancers, independent contractors, and affiliated
advocacy groups. Those stakeholder forums informed the Department's
drafting of the 2022 proposed rule. The Department subsequently
benefited from thousands of comments submitted during the comment
period. In the final rule, the Department returns to a totality of the
circumstances analysis of the economic reality test in which factors do
not have a predetermined weight and are considered in view of the
economic reality of the whole activity. The final rule rescinds the
2021 IC Rule. The Department published the final rule on January 10,
2024 (89 FR 1638).
Timetable:
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Action Date FR Cite
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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.......................... 01/10/24 89 FR 1638
Final Rule Effective................ 03/11/24
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Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Daniel Navarrete, Acting 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
144. 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 nonimmigrant 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:
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Action Date FR Cite
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NPRM................................ 04/00/25
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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-AB93
145. Employer-Provided Survey Wage Methodology for the Temporary Non-
Agricultural Employment H-2B Program [1205-AC15]
Legal Authority: 8 U.S.C. 1101(a)(15)(H)(ii)(b); 8 U.S.C.
1103(a)(6); 8 U.S.C. 1184(c)(1); Pub. L. 117-328, 12/29/22, 136 Stat.
4459, Div. H, title I, sec. 110; Pub. L. 118-15, 9/30/23, 137 Stat. 71,
Division A, sec. 101(8)
Abstract: The Immigration and Nationality Act, as amended, requires
the Department of Homeland Security (DHS), prior to the approval of H-
2B visa petitions, consult with the Department of Labor (Department).
DHS' regulation at 8 CFR 214.2(h)(6) requires that employers must first
apply for a temporary labor certification from the Department.
Specifically, the Department must certify that there are not sufficient
U.S. workers able, available, willing, and qualified to perform the
temporary services or labor, and that the employment of the H-2B
workers will not adversely affect the wages and working conditions of
similarly employed U.S. workers. To ensure that there is no adverse
effect, DOL requires employers to pay the prevailing wage to H-2B
workers and U.S. workers similarly employed. Employer-provided surveys
are one of the prevailing wage sources under the H-2B regulations and
has been the subject of recent litigation. On December 23, 2022, the
U.S. District Court for the District of Columbia held the employer-
provided survey provision under the Wage Methodology for the Temporary
Non-Agricultural Employment H-2B Program (2015 Wage Rule) in, 20 CFR
part 655 subpart A did not satisfy the notice and comment requirements
under the Administrative Procedure Act (APA). Mary Jane Williams, et
al. v. Martin J. Walsh, et al. (Williams), Civil No. 1:21-cv-01150
(RC), 2022 WL 17904227 (D.D.C. December 23, 2022). The Court remanded
the rule without vacatur and ordered act[ion] with haste for further
consideration consistent with the Court's opinion. The Department is
proposing to issue a notice of proposed rulemaking on the employer-
provided survey provision of the 2015 Wage Rule to cure the procedural
defect of the 2015 Wage Rule, pursuant to the decision in Williams.
Timetable:
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Action Date FR Cite
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NPRM................................ 07/00/24
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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-AC15
DEPARTMENT OF LABOR (DOL)
Employment and Training Administration (ETA)
Final Rule Stage
146. National Apprenticeship System Enhancements [1205-AC13]
Legal Authority: The National Apprenticeship Act, as amended (50
Stat. 664) 29 U.S.C. 50
Abstract: The regulations at 29 CFR part 29 addressing labor
standards of apprenticeship and the governance of the National
Apprenticeship System were last updated in October 2008 to increase
administrative flexibility, ensure program quality, and promote
registered apprenticeship opportunities. The Department plans to revise
these regulations to strengthen, expand, modernize, and diversify the
National Apprenticeship System by enhancing worker protections and
equity, improving the quality of registered apprenticeships, revising
the state governance provisions, and more clearly establishing critical
pipelines to registered apprenticeships such as pre-apprenticeships so
that the National Apprenticeship System is more responsive to current
worker and employer needs. These efforts have been informed by the
deliberations of the Department's reconstituted Advisory Committee on
Apprenticeship (ACA). The Department will also make technical and
conforming adjustments to the current text of 29 CFR part 30 (governing
equal employment opportunity in apprenticeships) as appropriate. For
additional information, please see the Department's regulatory plan
narrative statement. The Department conducted the following public
outreach: In 2022 interim recommendations of the ACA and its 2023
Biennial Report, which incorporates the ACA's 2022 Interim Report
recommendations and includes additional guideposts for the Office of
Apprenticeship (OA) to consider related to registered apprenticeship;
virtual listening sessions in 2021 coordinated by OA in partnership
with various partners and stakeholders to hear perspectives on the
current state of the National Apprenticeship System and to gather ideas
and suggestions on ways to modernize registered apprenticeship
programs; National Online Dialogue in 2022, led by OA and launched by
ePolicyWorks (entitled Advancing the National Apprenticeship System''),
which asked participants, including various partners and stakeholders,
to describe what they believed to be the optimal implementation of the
registered apprenticeship model; Virtual Listening Sessions in 2023,
coordinated by OA, wherein partners and stakeholders were given the
opportunity to share perspectives on the current state of the National
Apprenticeship System and to share policy recommendations for ways to
strengthen and modernize the system. Questions for these sessions were
developed, in part, by reviewing the ACA's 2022 Interim Report; The
2023 Quality Apprenticeships Recommendation (ILO Recommendation No.
208), adopted by the 111th International Labour Conference on June 16,
2023, which describes the fundamental attributes of quality
apprenticeships; and Regular stakeholder engagements related to the
expansion of the registered apprenticeship model, including with
industry groups, labor unions, worker advocates, State and local
workforce partners, education systems, and intermediaries.
Timetable:
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Action Date FR Cite
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NPRM................................ 01/17/24 89 FR 3118
NPRM Comment Period End............. 03/18/24
Final Rule.......................... 08/00/24
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Regulatory Flexibility Analysis Required: Yes.
Agency Contact: John V. Ladd, Administrator, Office of
Apprenticeship, Department of Labor, Employment and Training
Administration, 200 Constitution Avenue NW, FP Building, Room C-5311,
Washington, DC 20210, Phone: 202 693-2796, Fax: 202 693-3799, Email:
ladd.john@dol.gov.
RIN: 1205-AC13
DEPARTMENT OF LABOR (DOL)
Employment and Training Administration (ETA)
Completed Actions
147. Workforce Innovation and Opportunity Act Effectiveness in Serving
Employers Performance Indicator Provisions [1205-AC01]
Legal Authority: 29 U.S.C. 3249(a)
Abstract: Under WIOA, there are six primary indicators of
performance. Five of the six indicators were defined in the regulation;
however, in the 2016 final rule implementing WIOA the Departments of
Labor and Education (the Departments) determined that it was prudent to
pilot various alternatives for the sixth indicator of performance,
which measures the system's effectiveness in serving employers. The
pilot process was completed and the Departments published a final rule
updating the WIOA implementing regulations to incorporate Retention
with the Same Employer as the standard definition of the effectiveness
in serving employers indicator and to require one WIOA core program
report on the indicator on behalf of all six WIOA core programs within
each state. The Department of Labor issued a separate final rule
incorporating Retention with the Same Employer as the definition of the
effectiveness in serving employers into the regulations for the Job
Corps program, Indian and Native American Programs, and YouthBuild.
Timetable:
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Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 09/14/22 87 FR 56318
NPRM Comment Period End............. 11/14/22
Final Rule.......................... 02/23/24 89 FR 13814
Final Rule Effective................ 03/25/24
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Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Michelle Paczynski, Administrator, Department of
Labor, Employment and Training Administration, 200 Constitution Avenue
NW, N-5641, Washington, DC 20210, Phone: 202 693-3700, Email:
paczynski.michelle.l@dol.gov.
RIN: 1205-AC01
148. Workforce Innovation and Opportunity Act Title I Non-Core Programs
Effectiveness in Serving Employers Performance Indicator [1205-AC08]
Legal Authority: 29 U.S.C. 3141; 29 U.S.C. 3209; 29 U.S.C. 3221; 29
U.S.C. 3226; 29 U.S.C. 3249
Abstract: Under WIOA, there are six primary indicators of
performance. Five of the six indicators were defined in a regulation
the Departments of Labor and Education (the Departments) jointly
issued. The Departments pilot tested various alternatives for the sixth
indicator of performance, which measures the workforce system's
effectiveness in serving employers. That process was completed and the
Departments published a final rule under RIN number 1205-AC01 to
incorporate Retention with the Same Employer as the standard definition
of the effectiveness in serving employers indicator into the
regulations implementing WIOA at 20 CFR part 677, 34 CFR part 361, and
34 CFR part 463.
The Department of Labor (DOL) has completed this rulemaking to
incorporate the Retention with the Same Employer standard definition of
the effectiveness in serving employers indicator into the regulations
for three (3) programs DOL administers under WIOA 20 CFR part 684
(Indian and Native American Programs), 20 CFR part 686 (Job Corps), 20
CFR part 688 (YouthBuild).
One additional WIOA authorized program, the National Farmworker
Jobs Program (NFJP) at 20 CFR part 685, was impacted by the addition of
the definition of the effectiveness in serving employers indicator.
WIOA section 167 (29 U.S.C. 3222) authorizes the NFJP. Section 167 of
WIOA requires DOL to use the six WIOA primary indicators of
performance, including the effectiveness in serving employers
indicator, to assess the performance of the NFJP. Therefore, the new
definition of the effectiveness in serving employers indicator in 20
CFR part 677 will also apply to the NFJP. However, no changes to the
regulation text at 20 CFR part 685 (NFJP's implementation regulations)
were necessary to implement this change.
Timetable:
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Action Date FR Cite
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NPRM................................ 09/14/22 87 FR 56340
NPRM Comment Period End............. 11/14/22
Final Rule.......................... 02/23/24 89 FR 13595
Final Rule Effective................ 03/25/24
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Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Michelle Paczynski, Administrator, Department of
Labor, Employment and Training Administration, 200 Constitution Avenue
NW, N-5641, Washington, DC 20210, Phone: 202 693-3700, Email:
paczynski.michelle.l@dol.gov.
RIN: 1205-AC08
149. 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 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.
The Department of Labor's (DOL) Employment and Training
Administration and Wage and Hour Division amended 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 final rule made regulatory changes involving 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.
Timetable:
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Action Date FR Cite
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NPRM................................ 09/15/23 88 FR 63750
NPRM Comment Period End............. 11/14/23
Final Rule.......................... 04/29/24 89 FR 33898
Final Rule Effective................ 06/28/24
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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
DEPARTMENT OF LABOR (DOL)
Employee Benefits Security Administration (EBSA)
Final Rule Stage
150. Independent Dispute Resolution Operations [1210-AC17]
Legal Authority: Pub. L. 116-260, Div. BB, Title I and Title II
Abstract: This final rule amends the Requirements Related to
Surprise Billing; Part I (July 2021 interim final rules), Requirements
Related to Surprise Billing Interim Final Rules; Part II (October 2021
interim final rules), and Requirements Related to Surprise Billing;
Final Rules (August 2022 final rules) which set forth requirements
related to Title I (No Surprises Act (NSA)) and Title II (Transparency)
of Division BB of the Consolidated Appropriations Act, 2021.
Timetable:
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Action Date FR Cite
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NPRM................................ 11/03/23 88 FR 75744
NPRM Comment Period End............. 01/02/24
NPRM Comment Period Reopened........ 01/22/24 89 FR 3896
NPRM Comment Period Reopened End.... 02/05/24
Final Action........................ 11/00/24
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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-AC17
DEPARTMENT OF LABOR (DOL)
Employee Benefits Security Administration (EBSA)
Completed Actions
151. Retirement Security Rule: Definition of an Investment Advice
Fiduciary [1210-AC02]
Legal Authority: 29 U.S.C. 1002; 29 U.S.C. 1135; Reorganization
Plan No. 4 of 1978, 5 U.S.C. App. 252 (2020)
Abstract: This rulemaking amended the regulatory definition of the
term fiduciary set forth at 29 CFR 2510.3-21(c) to more appropriately
define when persons who render investment advice for a fee to employee
benefit plans and IRAs are fiduciaries within the meaning of section
3(21) of ERISA and section 4975(e)(3) of the Internal Revenue Code. The
amendment took into account practices of investment advisers, and the
expectations of plan officials and participants, and IRA owners who
receive investment advice, as well as developments in the investment
marketplace, including in the ways advisers are compensated that can
subject advisers to harmful conflicts of interest. In conjunction with
this rulemaking, EBSA also amended existing prohibited transaction
exemptions to ensure consistent protection of employee benefit plan and
IRA investors. During the consideration of the proposed rule, in order
to broaden public participation and community engagement in the
regulatory process, the Department developed a web page dedicated to
this rulemaking that included plain language information on the
rulemaking and provided information about where to submit comments. The
Department also held a public hearing during the comment period for
this rulemaking at which more than 40 witnesses testified.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 11/03/23 88 FR 75890
NPRM Comment Period End............. 01/02/24
Final Rule.......................... 04/25/24 89 FR 32122
Final Rule Effective................ 09/23/24
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Karen E. Lloyd, 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: 202 693-8510.
RIN: 1210-AC02
DEPARTMENT OF LABOR (DOL)
Mine Safety and Health Administration (MSHA)
Completed Actions
152. Respirable Crystalline Silica [1219-AB36]
Legal Authority: 30 U.S.C. 811; 30 U.S.C. 813(h); 30 U.S.C. 957
Abstract: Many miners are exposed to respirable crystalline silica
(RCS) in respirable dust. These miners can develop lung diseases such
as chronic obstructive pulmonary disease, and various forms of
pneumoconiosis, such as silicosis, progressive massive fibrosis, and
rapidly progressive pneumoconiosis. These diseases are irreversible and
may ultimately be fatal. The Mine Safety and Health Administration's
(MSHA) existing standards limit miners' exposures to RCS. MSHA
published a final rule to address the existing permissible exposure
limit of RCS for all miners and to update the existing respiratory
protection standards under 30 CFR 56, 57, and 72. Throughout the
rulemaking process, MSHA widely solicited stakeholder participation by
holding virtual and in-person public hearings throughout the country
and participating in a Small Business Labor Safety Roundtable
discussion organized by the Small Business Administration's Office of
Advocacy.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Request for Information (RFI)....... 08/29/19 84 FR 45452
RFI Comment Period End.............. 10/28/19
NPRM................................ 07/13/23 88 FR 44852
NPRM Comment Period Extended........ 08/14/23 88 FR 54961
NPRM Comment Period Extended End.... 09/11/23
NPRM Notice of Public Hearings...... 07/26/23 88 FR 48146
NPRM Public Hearing in Arlington, 08/03/23
Virginia.
NPRM Public Hearing in Beckley, West 08/10/23
Virginia.
NPRM Public Hearing in Denver, 08/21/23
Colorado.
Final Rule.......................... 04/18/24 89 FR 28218
Final Rule Effective................ 06/17/24
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: S. Aromie Noe, Director, Office of Standards,
Regulations, and Variances, Department of Labor, Mine Safety and Health
Administration, 201 12th Street S, Suite 401, Arlington, VA 22202,
Phone: 202 693-9440, Fax: 202 693-9441.
RIN: 1219-AB36
DEPARTMENT OF LABOR (DOL)
Occupational Safety and Health Administration (OSHA)
Proposed Rule Stage
153. Infectious Diseases [1218-AC46]
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), Methicillin-Resistant
Staphylococcus Aureus (MRSA), 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.
OSHA is examining regulatory alternatives for control measures to
protect employees from exposure to pathogens that can cause significant
infectious 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 individuals who are potentially infectious. 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................................ 11/00/24
------------------------------------------------------------------------
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-AC46
154. 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. OSHA held a stakeholder meeting on October 12,
2022, and kept the docket open for comments until November 14, 2022.
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.................... 09/00/24
------------------------------------------------------------------------
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
155. 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 Federal Communications Commission (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), Occupational Safety
and Health Administration (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................................ 02/00/25
------------------------------------------------------------------------
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
156. Emergency Response [1218-AC91]
Legal Authority: 29 U.S.C. 655(b); 29 U.S.C. 657; 5 U.S.C. 609
Abstract: The Occupational Safety and Health Administration (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
industry consensus standards.
The regulatory effort began in 2007 with a Request for Information
(RFI). In July 2014, OSHA hosted two stakeholder meetings with
participants representing a broad range of emergency responders as well
as allied stakeholders such as State Plan representatives, skilled
support workers, and law enforcement. Given the broad support and
interest seen during the stakeholder meetings, OSHA decided to move
forward with a comprehensive proposed standard for emergency response.
In September 2015, OSHA requested, and NACOSH designated, a
subcommittee made up of major stakeholders and charged with developing
proposed regulatory text. The subcommittee held six meetings over the
course of a year.
In December 2016, the full NACOSH committee reviewed and approved
the recommendations for a proposed rule developed by the subcommittee.
The committee recommended to the Secretary that OSHA proceed with
rulemaking, using the subcommittee's regulatory text as a basis for the
rule. In October 2021, a Small Business Advocacy Review (SBAR) panel
was assembled, as required by the Small Business Regulatory Enforcement
Fairness Act of 1996 (SBREFA); SBREFA was concluded in December; 2021.
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................................ 02/05/24 89 FR 7774
Comment Period Extended............. 03/28/24 89 FR 21468
NPRM Comment Period End............. 05/06/24
NPRM Comment Period Extension End... 06/21/24
NPRM Comment Period Extended........ 06/11/24 89 FR 49119
NPRM Comment Period Extended End.... 07/22/24
NPRM Analyze Comments............... 09/00/24
------------------------------------------------------------------------
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-AC91
157. Tree Care Standard [1218-AD04]
Legal Authority: Not Yet Determined
Abstract: There is no Occupational Safety and Health Administration
(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................................ 12/00/24
------------------------------------------------------------------------
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
158. Prevention of Workplace Violence in Health Care and Social
Assistance [1218-AD08]
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 the Occupational Safety and Health
Administration's (OSHA) 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, and 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. In accordance with the
requirements of the Small Business Regulatory Enforcement Fairness Act
(SBREFA) OSHA convened a Small Business Advocacy Review (SBAR) panel in
March 2023. OSHA issued the SBREFA Panel report on May 1, 2023.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Request for Information (RFI)....... 12/07/16 81 FR 88147
RFI Comment Period End.............. 04/06/17
Initiate SBREFA..................... 12/29/22
Complete SBREFA..................... 05/01/23
NPRM................................ 12/00/24
------------------------------------------------------------------------
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-AD08
[FR Doc. 2024-16455 Filed 8-15-24; 8:45 am]
BILLING CODE 4510-HL-P
