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• Publication Date: 01/08/2013
• Publication Type: Unified Agenda
• Fed Register #: 78: 1598-1603
• Standard Number: 1910.1030
• Title: Semiannual Regulatory Agenda

[Federal Register Volume 78, Number 5 (Tuesday, January 8, 2013)]
[Unknown Section]
[Pages 1598-1603]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-31499]

Vol. 78

Tuesday,

No. 5

January 8, 2013

Part XI





Department of Labor





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Semiannual Regulatory Agenda

Federal Register / Vol. 78 , No. 5 / Tuesday, January 8, 2013 /
Unified 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. 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, titled 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.

      Employee Benefits Security Administration--Long-Term Actions
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
330.......................  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--Proposed Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
331.......................  Occupational Exposure to           1218-AB70
                             Crystalline Silica.
332.......................  Occupational Exposure to           1218-AB76
                             Beryllium.
333.......................  Bloodborne Pathogens               1218-AC34
                             (Section 610 Review).
------------------------------------------------------------------------


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

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


DEPARTMENT OF LABOR (DOL)

Employee Benefits Security Administration (EBSA)

Long-Term Actions

330. 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
Next Action Undetermined............
------------------------------------------------------------------------

    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)

Proposed Rule Stage

331. Occupational Exposure to Crystalline Silica

    Legal Authority: 29 U.S.C. 655(b); 29 U.S.C. 657
    Abstract: Crystalline silica is a significant component of the
earth's crust, and many workers in a wide range of industries are
exposed to it, usually in the form of respirable quartz or, less
frequently, cristobalite. Chronic silicosis is a uniquely occupational
disease resulting from exposure of employees over long periods of time
(10 years or more). Exposure to high levels of respirable crystalline
silica causes acute or accelerated forms of silicosis that are
ultimately fatal. The current OSHA permissible exposure limit (PEL) for
general industry is based on a formula proposed by the American
Conference of Governmental Industrial Hygienists (ACGIH) in 1968 (PEL =
10 mg/cubic meter/(% silica + 2), as respirable dust). The current PEL
for construction and shipyards (derived from ACGIH's 1970 Threshold
Limit Value) is based on particle counting technology, which is
considered obsolete. NIOSH and ACGIH recommend 50 [micro]g/m\3\ and 25
[micro]g/m\3\ exposure limits, respectively, for respirable crystalline
silica.
    Both industry and worker groups have recognized that a
comprehensive standard for crystalline silica is needed to provide for
exposure monitoring, medical surveillance, and worker training. ASTM
International has published recommended standards for addressing the
hazards of crystalline silica. The Building Construction Trades
Department of the AFL-CIO has also developed a recommended
comprehensive program standard. These standards include provisions for
methods of compliance, exposure monitoring, training, and medical
surveillance.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Completed SBREFA Report.............   12/19/03
Initiated Peer Review of Health        05/22/09
 Effects and Risk Assessment.
Completed Peer Review...............   01/24/10
NPRM................................   05/00/13
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Dorothy Dougherty, Director, Directorate of
Standards and Guidance, Department of Labor, Occupational Safety and
Health Administration, Room N-3718, FP Building, 200 Constitution
Avenue NW., Washington, DC 20210, Phone: 202 693-1950, Fax: 202 693-
1678, Email: dougherty.dorothy@dol.gov.
    RIN: 1218-AB70

332. 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 also 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
NPRM................................   07/00/13
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Dorothy Dougherty, Director, Directorate of
Standards and Guidance, Department of Labor, Occupational Safety and
Health Administration, Room N-3718, FP Building, 200 Constitution
Avenue NW., Washington, DC 20210, Phone: 202 693-1950, Fax: 202 693-
1678, Email: dougherty.dorothy@dol.gov.
    RIN: 1218-AB76

333. 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:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Begin Review........................   10/22/09  .......................
Request for Comments Published......   05/14/10  75 FR 27237
Comment Period End..................   08/12/10  .......................
End Review and Issue Findings.......   05/00/13  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Agency Contact: Diana Cortez, Acting Director, Directorate of
Evaluation and Analysis, Department of Labor, Occupational Safety and
Health Administration, 200 Constitution Avenue NW., Room N-3641, FP
Buildiing, Washington, DC 20210, Phone: 202 693-2400, Fax: 202 693-
1641.
    RIN: 1218-AC34

DEPARTMENT OF LABOR (DOL)

Occupational Safety and Health Administration (OSHA)

Final Rule Stage

334. 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:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
SBREFA Panel Report.................   11/24/03  .......................
NPRM................................   11/28/07  72 FR 67351
NPRM Comment Period End.............   01/28/08  .......................
NPRM Comment Period Extended........   02/28/08  73 FR 3893
Public Hearing......................   07/22/08  .......................
Close Record........................   10/23/08  .......................
Final Rule..........................   07/00/13  .......................
------------------------------------------------------------------------

    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

335. 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
nearly 40 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..........................   03/00/13  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Dorothy Dougherty, Director, Directorate of
Standards and Guidance, Department of Labor, Occupational Safety and
Health Administration, Room N-3718, FP Building, 200 Constitution
Avenue NW., Washington, DC 20210, Phone: 202 693-1950, Fax: 202 693-
1678, Email: dougherty.dorothy@dol.gov.
    RIN: 1218-AB67

DEPARTMENT OF LABOR (DOL)

Occupational Safety and Health Administration (OSHA)

Long-Term Actions

336. 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............             .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Dorothy Dougherty, Director, Directorate of
Standards and Guidance, Department of Labor, Occupational Safety and
Health Administration, Room N-3718, FP Building, 200 Constitution
Avenue NW., Washington, DC 20210, Phone: 202 693-1950, Fax: 202 693-
1678, Email:  dougherty.dorothy@dol.gov.
    RIN: 1218-AC33

[FR Doc. 2012-31499 Filed 1-7-13; 8:45 am]
BILLING CODE 4510-04-P


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