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Mine Safety and Health Administration _MSHA_ - Unified Agenda

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Mine Safety and Health Administration _MSHA_ - Unified Agenda Powered By Docstoc
					                                                                                           Monday,
                                                                                           April 24, 2006




                                                                                           Part XIII

                                                                                           Department of Labor
                                                                                           Semiannual Regulatory Agenda




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     22896                    Federal Register / Vol. 71, No. 78 / Monday, April 24, 2006 / Unified Agenda


     DEPARTMENT OF LABOR (DOL)



     DEPARTMENT OF LABOR                                           Assistant Secretary for Policy, U.S.                                 The Regulatory Flexibility Act (under
                                                                   Department of Labor, 200 Constitution                             section 610) also requires agencies to
     Office of the Secretary                                       Avenue NW., Room S-2312,                                          periodically review rules ‘‘which have
                                                                   Washington, DC 20210; (202) 693-5959.                             or will have a significant economic
     20 CFR Chs. I, IV, V, VI, VII, and IX                                                                                           impact upon a substantial number of
                                                                   NOTE: Information pertaining to a specific
                                                                   regulation can be obtained from the agency                        small entities’’ and to annually publish
     29 CFR Subtitle A and Chs. II, IV, V,                                                                                           a list of the rules that will be reviewed
                                                                   contact listed for that particular regulation.
     XVII, and XXV                                                                                                                   during the succeeding 12 months. The
                                                                   SUPPLEMENTARY INFORMATION:     Executive
                                                                                                                                     purpose of the review is to determine
     30 CFR Ch. I                                                  Order 12866 and the Regulatory
                                                                                                                                     whether the rule should be continued
                                                                   Flexibility Act require the semiannual
                                                                                                                                     without change, amended, or rescinded.
     41 CFR Ch. 60                                                 publication in the Federal Register of an
                                                                   agenda of regulations. As permitted by                               The next 12-month review list for the
     48 CFR Ch. 29                                                 law, the Department of Labor is                                   Department of Labor is provided below
                                                                   combining the publication of its agendas                          and public comment is invited on the
     Semiannual Agenda of Regulations                              under the Regulatory Flexibility Act and                          listing. A brief description of each rule,
     AGENCY:    Office of the Secretary, Labor.                    Executive Order 12866.                                            the legal basis for the rule, and the
                                                                      Executive Order 12866 became                                   agency contact are provided with each
     ACTION:    Semiannual regulatory agenda.                                                                                        agenda item.
                                                                   effective September 30, 1993, and, in
                                                                   substance, requires the Department of                             Occupational Safety and Health
     SUMMARY:  This document sets forth the                        Labor to publish an agenda listing all                            Administration
     Department’s semiannual agenda of                             the regulations it expects to have under
     regulations that have been selected for                       active consideration for promulgation,                                Excavations (RIN 1218-AC02)
     review or development during the                              proposal, or review during the coming                              Lead in Construction (RIN 1218-
     coming year. The Department’s agencies                        1-year period. The focus of all                                   AC18)
     have carefully assessed their available                       departmental regulatory activity will be
     resources and what they can accomplish                        on the development of effective rules                             Employee Benefits Security
     in the next 12 months and have adjusted                       that advance the Department’s goals and                           Administration
     their agendas accordingly.                                    that are understandable and usable to                               Plan Assets-Participant Contributions
       The agenda complies with the                                the employers and employees in all                                Regulations (RIN 1210-AB11)
     requirements of both Executive Order                          affected workplaces.
     12866 and the Regulatory Flexibility                                                                                              All interested members of the public
                                                                      The Regulatory Flexibility Act, which                          are invited and encouraged to let
     Act. The agenda lists all regulations that                    became effective on January 1, 1981,
     are expected to be under review or                                                                                              departmental officials know how our
                                                                   requires the Department of Labor to                               regulatory efforts can be improved, and,
     development between April 2006 and                            publish an agenda, listing all the
     April 2007, as well as those completed                                                                                          of course, to participate in and comment
                                                                   regulations it expects to propose or                              on the review or development of the
     during the past 6 months.                                     promulgate that are likely to have a                              regulations listed on the agenda.
     FOR FURTHER INFORMATION CONTACT:                              ‘‘significant economic impact on a
     Kathleen Franks, Director, Office of                          substantial number of small entities’’ (5                         Elaine L. Chao,
     Regulatory Policy, Office of the                              U.S.C. 602).                                                      Secretary of Labor.

                                                                Office of the Secretary—Final Rule Stage
                                                                                                                                                                                  Regulation
      Sequence                                                                                Title                                                                                Identifier
       Number                                                                                                                                                                       Number

         1910         Production or Disclosure of Information or Materials ....................................................................................................   1290–AA17


                                                     Employment Standards Administration—Prerule Stage
                                                                                                                                                                                  Regulation
      Sequence                                                                                Title                                                                                Identifier
       Number                                                                                                                                                                       Number

         1911         Child Labor Regulations, Orders, and Statements of Interpretation .............................................................................             1215–AB44


                                               Employment Standards Administration—Proposed Rule Stage
                                                                                                                                                                                  Regulation
      Sequence                                                                                Title                                                                                Identifier
       Number                                                                                                                                                                       Number

         1912         Amendments to the Fair Labor Standards Act .............................................................................................................    1215–AB13



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                                Federal Register / Vol. 71, No. 78 / Monday, April 24, 2006 / Unified Agenda                                                                                                    22897

     DOL



                                        Employment Standards Administration—Proposed Rule Stage (Continued)
                                                                                                                                                                                                             Regulation
      Sequence                                                                                             Title                                                                                              Identifier
       Number                                                                                                                                                                                                  Number

         1913         Family and Medical Leave Act of 1993; Conform to the Supreme Court’s Ragsdale Decision ..................................                                                              1215–AB35
         1914         Child Labor Regulations, Orders, and Statements of Interpretation .............................................................................                                        1215–AB57


                                                        Employment Standards Administration—Final Rule Stage
                                                                                                                                                                                                             Regulation
      Sequence                                                                                             Title                                                                                              Identifier
       Number                                                                                                                                                                                                  Number

         1915         Affirmative Action and Nondiscrimination Obligations of Contractors and Subcontractors for Special Disabled Vet-
                       erans and Veterans of the Vietnam Era ......................................................................................................................                          1215–AB46
         1916         Standards of Conduct for Federal Sector Labor Organizations ...................................................................................                                        1215–AB48
         1917         Labor Organization Officer and Employee Reports ......................................................................................................                                 1215–AB49
         1918         Claims for Compensation Under the Energy Employees Occupational Illness Compensation Program Act of 2000,
                       as Amended .................................................................................................................................................................          1215–AB51
         1919         Affirmative Action and Nondiscrimination Obligations of Contractors and Subcontractors; Equal Opportunity Sur-
                       vey ...............................................................................................................................................................................   1215–AB53
         1920         Labor Organization Annual Financial Trust Reports: Form T-1 ....................................................................................                                       1215–AB54
         1921         Airline Employee Protection Program ...........................................................................................................................                        1215–AB55


                                                      Employment Standards Administration—Long-Term Actions
                                                                                                                                                                                                             Regulation
      Sequence                                                                                             Title                                                                                              Identifier
       Number                                                                                                                                                                                                  Number

         1922         Labor Condition Applications and Requirements for Employers Using Nonimmigrants on H-1B Visas in Specialty
                       Occupations and as Fashion Models ..........................................................................................................................                          1215–AB09
         1923         Union Organization and Voting Rights: Criteria for Characterizing a Labor Organization as a Local, Intermediate,
                       or National or International Labor Organization ..........................................................................................................                            1215–AB50
         1924         Union Officials: Guidelines for Fiduciary Responsibilities Under Section 501(a) of the Labor-Management Report-
                       ing and Disclosure Act .................................................................................................................................................              1215–AB52


                                                      Employment Standards Administration—Completed Actions
                                                                                                                                                                                                             Regulation
      Sequence                                                                                             Title                                                                                              Identifier
       Number                                                                                                                                                                                                  Number

         1925         Affirmative Action and Nondiscrimination Obligations of Contractors and Subcontractors for Special Disabled Vet-
                       erans and Veterans of the Vietnam Era ......................................................................................................................                          1215–AB24


                                                 Employment and Training Administration—Proposed Rule Stage
                                                                                                                                                                                                             Regulation
      Sequence                                                                                             Title                                                                                              Identifier
       Number                                                                                                                                                                                                  Number

         1926         Revision to the Department of Labor Benefit Regulations for Trade Adjustment Assistance for Workers Under the
                       Trade Act of 1974, as Amended .................................................................................................................................                       1205–AB32
         1927         Revision to the Department of Labor Regulations for Petitions and Determinations of Eligibility To Apply for Trade
                       Adjustment Assistance for Workers and Issuance of Regulations for the Alternative TAA .......................................                                                         1205–AB40
         1928         Labor Certification for the Permanent Employment of Aliens in the United States; Reducing the Incentives and
                       Opportunities for Fraud and Abuse and Enhancing Program Integrity .......................................................................                                             1205–AB42




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     22898                      Federal Register / Vol. 71, No. 78 / Monday, April 24, 2006 / Unified Agenda

     DOL


                                                     Employment and Training Administration—Final Rule Stage
                                                                                                                                                                                                         Regulation
      Sequence                                                                                           Title                                                                                            Identifier
       Number                                                                                                                                                                                              Number

         1929         Federal-State Unemployment Compensation (UC) Program; Confidentiality and Disclosure of Information in State
                       UC Records .................................................................................................................................................................      1205–AB18
         1930         Post-Adjudication Audits of H-2B Petitions Other Than Logging in the United States ................................................                                                1205–AB36
         1931         Labor Certification for the Permanent Employment of Aliens in the United States; Backlog Reduction .....................                                                           1205–AB37
         1932         Labor Condition Applications and Requirements for Employers Using Nonimmigrants on H-1B Visas in Specialty
                       Occupations and as Fashion Models; Labor Attestations Re H-1B1 Visas for Chile and Singapore (Section 610
                       Review) .......................................................................................................................................................................   1205–AB38
         1933         Federal-State Unemployment Compensation Program; Eligibility ................................................................................                                      1205–AB41
         1934         Labor Conditions Applications for E-3 Visas in Specialty Occupations for Australian Non-immigrants ......................                                                          1205–AB43


                                                   Employment and Training Administration—Completed Actions
                                                                                                                                                                                                         Regulation
      Sequence                                                                                           Title                                                                                            Identifier
       Number                                                                                                                                                                                              Number

         1935         Attestations by Facilities Temporarily Employing H-1C Nonimmigrant Aliens as Registered Nurses .........................                                                           1205–AB27
         1936         Labor Condition Applications for Employers Using Nonimmigrants on H-1B Visas in Specialty Occupations and as
                       Fashion Models; Filing Procedures .............................................................................................................................                   1205–AB39


                                                      Employee Benefits Security Administration—Prerule Stage
                                                                                                                                                                                                         Regulation
      Sequence                                                                                           Title                                                                                            Identifier
       Number                                                                                                                                                                                              Number

         1937         Independence of Accountant ........................................................................................................................................                1210–AB09
         1938         Plan Assets-Participant Contributions Regulation (610 Review) (Section 610 Review) .............................................                                                   1210–AB11


                                               Employee Benefits Security Administration—Proposed Rule Stage
                                                                                                                                                                                                         Regulation
      Sequence                                                                                           Title                                                                                            Identifier
       Number
                                                                                                                                                                                                           Number

         1939         Amendment of Regulation Relating to Definition of Plan Assets—Participant Contributions ......................................                                                     1210–AB02
         1940         Revision of the Form 5500 Series and Implementing Regulations ..............................................................................                                       1210–AB06
         1941         Amendment of Section 404(c) Regulation—Disclosure ................................................................................................                                 1210–AB07
         1942         Amendment of Standards Applicable to General Statutory Exemption for Services ...................................................                                                  1210–AB08
         1943         Section 404 Regulation—Safe Harbor for Default Investments ...................................................................................                                     1210–AB10


                                                   Employee Benefits Security Administration—Final Rule Stage
                                                                                                                                                                                                         Regulation
      Sequence                                                                                           Title                                                                                            Identifier
       Number                                                                                                                                                                                              Number

         1944         Health Care Standards for Mothers and Newborns ......................................................................................................                              1210–AA63
         1945         Prohibiting Discrimination Against Participants and Beneficiaries Based on Health Status ........................................                                                  1210–AA77
         1946         Rulemaking Relating to Termination of Abandoned Individual Account Plans ............................................................                                              1210–AA97
         1947         Voluntary Fiduciary Correction Program .......................................................................................................................                     1210–AB03
         1948         Electronic Filing of Annual Reports ...............................................................................................................................                1210–AB04




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                                Federal Register / Vol. 71, No. 78 / Monday, April 24, 2006 / Unified Agenda                                                                                                    22899

     DOL



                                                  Employee Benefits Security Administration—Long-Term Actions
                                                                                                                                                                                                             Regulation
      Sequence                                                                                             Title                                                                                              Identifier
       Number                                                                                                                                                                                                  Number

         1949         Adequate Consideration ................................................................................................................................................                1210–AA15
         1950         Regulations Implementing the Health Care Access, Portability, and Renewability Provisions of the Health Insur-
                       ance Portability and Accountability Act of 1996 ..........................................................................................................                            1210–AA54


                                                  Employee Benefits Security Administration—Completed Actions
                                                                                                                                                                                                             Regulation
      Sequence                                                                                             Title                                                                                              Identifier
       Number                                                                                                                                                                                                  Number

         1951         Prohibited Transaction Exemption Procedures .............................................................................................................                              1210–AA98
         1952         Annual Funding Notice for Multiemployer Plans ...........................................................................................................                              1210–AB00
         1953         Civil Penalty for Failure To Provide Section 302 Notice ...............................................................................................                                1210–AB01


                                                           Mine Safety and Health Administration—Prerule Stage
                                                                                                                                                                                                             Regulation
      Sequence                                                                                             Title                                                                                              Identifier
       Number                                                                                                                                                                                                  Number

         1954         Equivalency Evaluation of the U.S. Environmental Protection Agency’s Nonroad Diesel Engine Standards .............                                                                     1219–AB43
         1955         Underground Mine Rescue Equipment and Technology ..............................................................................................                                        1219–AB44
         1956         Proximity Detection System for Continuous Mining Machines .....................................................................................                                        1219–AB49


                                                   Mine Safety and Health Administration—Proposed Rule Stage
                                                                                                                                                                                                             Regulation
      Sequence                                                                                             Title                                                                                              Identifier
       Number                                                                                                                                                                                                  Number

         1957         High-Voltage Continuous Mining Machine Standard for Underground Coal Mines .....................................................                                                       1219–AB34
         1958         Revising Electrical Product Approval Regulations ........................................................................................................                              1219–AB37
         1959         Field Modifications of Permissible Mobile Diesel-Powered Equipment ........................................................................                                            1219–AB39
         1960         Use of or Impairment From Alcohol and Other Drugs on Mine Property .....................................................................                                               1219–AB41
         1961         Criteria and Procedures for Proposed Assessment of Civil Penalties .........................................................................                                           1219–AB51


                                                        Mine Safety and Health Administration—Final Rule Stage
                                                                                                                                                                                                             Regulation
      Sequence                                                                                             Title                                                                                              Identifier
       Number                                                                                                                                                                                                  Number

         1962         Asbestos Exposure Limit ...............................................................................................................................................                1219–AB24
         1963         Diesel Particulate Matter Exposure of Underground Metal and Nonmetal Miners .......................................................                                                    1219–AB29
         1964         Fire Extinguishers in Underground Coal Mines ............................................................................................................                              1219–AB40
         1965         Evaluation of International Electrotechnical Commission’s Standards for Explosion-Proof Enclosures ......................                                                              1219–AB42
         1966         Emergency Mine Evacuation ........................................................................................................................................                     1219–AB46


                                                      Mine Safety and Health Administration—Long-Term Actions
                                                                                                                                                                                                             Regulation
      Sequence                                                                                             Title                                                                                              Identifier
       Number                                                                                                                                                                                                  Number

         1967         Verification of Underground Coal Mine Operators’ Dust Control Plans and Compliance Sampling for Respirable
                       Dust ..............................................................................................................................................................................   1219–AB14
         1968         Determination of Concentration of Respirable Coal Mine Dust ....................................................................................                                       1219–AB18
         1969         Respirable Crystalline Silica Standard ..........................................................................................................................                      1219–AB36




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     22900                      Federal Register / Vol. 71, No. 78 / Monday, April 24, 2006 / Unified Agenda

     DOL



                                                      Mine Safety and Health Administration—Completed Actions
                                                                                                                                                                                                            Regulation
      Sequence                                                                                             Title                                                                                             Identifier
       Number                                                                                                                                                                                                 Number

         1970         Improving and Eliminating Regulations .........................................................................................................................                       1219–AA98
         1971         Training Standards for Shaft and Slope Construction Workers at Underground Mines ..............................................                                                       1219–AB35
         1972         Part 5—Fees for Testing, Evaluation, and Approval of Mining Products .....................................................................                                            1219–AB38


                        Office of the Assistant Secretary for Administration and Management—Long-Term Actions
                                                                                                                                                                                                            Regulation
      Sequence                                                                                             Title                                                                                             Identifier
       Number                                                                                                                                                                                                 Number

         1973         Implementation of the Nondiscrimination and Equal Opportunity Requirements of the Workforce Investment Act of
                       1998 .............................................................................................................................................................................   1291–AA29
         1974         Grants and Agreements ................................................................................................................................................                1291–AA30


                                                   Occupational Safety and Health Administration—Prerule Stage
                                                                                                                                                                                                            Regulation
      Sequence                                                                                             Title                                                                                             Identifier
       Number                                                                                                                                                                                                 Number

         1975         Occupational Exposure to Crystalline Silica .................................................................................................................                         1218–AB70
         1976         Occupational Exposure to Beryllium .............................................................................................................................                      1218–AB76
         1977         Cranes and Derricks .....................................................................................................................................................             1218–AC01
         1978         Excavations (Section 610 Review) ..............................................................................................................................                       1218–AC02
         1979         Emergency Response and Preparedness ....................................................................................................................                              1218–AC17
         1980         Lead in Construction (Section 610 Review) ................................................................................................................                            1218–AC18
         1981         Standards Improvement ................................................................................................................................................                1218–AC19
         1982         Hazard Communication .................................................................................................................................................                1218–AC20
         1983         Notice on Supplier’s Declaration of Conformity (SDoC) ...............................................................................................                                 1218–AC21
         1984         Revision and Update of Standards for Power Presses ................................................................................................                                   1218–AC22


                                           Occupational Safety and Health Administration—Proposed Rule Stage
                                                                                                                                                                                                            Regulation
      Sequence                                                                                             Title                                                                                             Identifier
       Number                                                                                                                                                                                                 Number

         1985         Confined Spaces in Construction (Part 1926): Preventing Suffocation/ Explosions in Confined Spaces ...................                                                                1218–AB47
         1986         General Working Conditions for Shipyard Employment ...............................................................................................                                    1218–AB50
         1987         Electric Power Transmission and Distribution; Electrical Protective Equipment ..........................................................                                              1218–AB67
         1988         Updating OSHA Standards Based on National Consensus Standards ........................................................................                                                1218–AC08
         1989         Explosives .....................................................................................................................................................................      1218–AC09


                                                Occupational Safety and Health Administration—Final Rule Stage
                                                                                                                                                                                                            Regulation
      Sequence                                                                                             Title                                                                                             Identifier
       Number                                                                                                                                                                                                 Number

         1990         Assigned Protection Factors: Amendments to the Final Rule on Respiratory Protection ............................................                                                      1218–AA05
         1991         Longshoring and Marine Terminals (Parts 1917 and 1918)—Reopening of the Record (Vertical Tandem Lifts
                       (VTLs)) .........................................................................................................................................................................    1218–AA56
         1992         Employer Payment for Personal Protective Equipment ................................................................................................                                   1218–AB77
         1993         Revision and Update of Subpart S—Electrical Standards ............................................................................................                                    1218–AB95
         1994         NFPA Standards in Shipyard Fire Protection ...............................................................................................................                            1218–AC16
         1995         New York State Plan—Certification ..............................................................................................................................                      1218–AC24
         1996         Procedures for Handling Discrimination Complaints Under Federal Employee Protection Statutes ...........................                                                              1218–AC25




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                                Federal Register / Vol. 71, No. 78 / Monday, April 24, 2006 / Unified Agenda                                                                                             22901

     DOL



                                             Occupational Safety and Health Administration—Long-Term Actions
                                                                                                                                                                                                      Regulation
      Sequence                                                                                          Title                                                                                          Identifier
       Number                                                                                                                                                                                           Number

         1997         Walking Working Surfaces and Personal Fall Protection Systems (1910) (Slips, Trips, and Fall Prevention) ...........                                                            1218–AB80
         1998         Hearing Conservation Program for Construction Workers ...........................................................................................                               1218–AB89
         1999         Ionizing Radiation ..........................................................................................................................................................   1218–AC11


                                             Occupational Safety and Health Administration—Completed Actions
                                                                                                                                                                                                      Regulation
      Sequence                                                                                          Title                                                                                          Identifier
       Number                                                                                                                                                                                           Number

         2000         Occupational Exposure to Hexavalent Chromium (Preventing Occupational Illness: Chromium) ...............................                                                        1218–AB45
         2001         Slip Resistance of Skeletal Structural Steel ..................................................................................................................                 1218–AC14
         2002         Rollover Protective Structures; Overhead Protection ...................................................................................................                         1218–AC15


                  Office of the Assistant Secretary for Veterans’ Employment and Training—Proposed Rule Stage
                                                                                                                                                                                                      Regulation
      Sequence                                                                                          Title                                                                                          Identifier
       Number                                                                                                                                                                                           Number

         2003         Jobs for Veterans Act of 2002: Contract Threshold and Eligibility Groups for Federal Contractor Program ..............                                                          1293–AA12


                      Office of the Assistant Secretary for Veterans’ Employment and Training—Completed Actions
                                                                                                                                                                                                      Regulation
      Sequence                                                                                          Title                                                                                          Identifier
       Number                                                                                                                                                                                           Number

         2004         Uniformed Services Employment and Reemployment Rights Act Regulations ...........................................................                                               1293–AA09
         2005         Notice of Rights, Benefits, and Obligations Under the USERRA .................................................................................                                  1293–AA14



     Department of Labor (DOL)                                                                                                                                                          Final Rule Stage
     Office of the Secretary (OS)

     1910. PRODUCTION OR DISCLOSURE                                      extending DOL processing time from 10                                      Regulatory Flexibility Analysis
     OF INFORMATION OR MATERIALS                                         to 20 days for most FOIA requests and                                      Required: No
     Priority: Substantive, Nonsignificant                               requiring that all reading room
                                                                         materials created since November 1,                                        Government Levels Affected: None
     Legal Authority: 5 USC 301; 5 USC 552                               1996, be made available by electronic
     as amended; 5 USC Reorganization Plan                                                                                                          Agency Contact: Joseph Plick, FOIA
                                                                         means such as the Internet.
     No. 6 of 1950; EO 12600, 52 FR 23781                                                                                                           Counsel, Department of Labor, 200
     (June 25, 1987)                                                     Timetable:                                                                 Constitution Avenue NW., Room N2428
     CFR Citation: 29 CFR 70                                                                                                                        – FP Building, Washington, DC 20210
                                                                         Action                                 Date            FR Cite
                                                                                                                                                    Phone: 202 693–5527
     Legal Deadline: None                                                NPRM                               03/30/04 69 FR 16740                    Email: plick.joseph@dol.gov
     Abstract: The regulation will                                       NPRM Comment                       05/14/04
     incorporate the provisions of the 1996                                Period End                                                               RIN: 1290–AA17
     FOIA amendments. These include                                      Final Action                       04/00/06




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     22902                   Federal Register / Vol. 71, No. 78 / Monday, April 24, 2006 / Unified Agenda

     Department of Labor (DOL)                                                                                                                   Prerule Stage
     Employment Standards Administration (ESA)

     1911. CHILD LABOR REGULATIONS,                          (available at                                          Small Entities Affected: Businesses,
     ORDERS, AND STATEMENTS OF                               http://www.youthrules.dol.gov/                         Governmental Jurisdictions
     INTERPRETATION                                          resources.htm). This Advance Notice of
                                                             Proposed Rulemaking seeks additional                   Government Levels Affected: Local,
     Priority: Other Significant. Major status                                                                      State
     under 5 USC 801 is undetermined.                        data and public input to supplement
                                                             the conclusions and recommendations                    Federalism: Undetermined
     Unfunded Mandates: Undetermined                         on certain of the Hazardous Orders
                                                             contained in the NIOSH report for                      URL For Public Comments:
     Legal Authority: 29 USC 203(1)
                                                             consideration in subsequent rulemaking                 www.regulations.gov
     CFR Citation: 29 CFR 570                                actions that may be undertaken. This                   Agency Contact: Alfred B. Robinson,
     Legal Deadline: None                                    Advance Notice of Proposed                             Acting Administrator, Wage and Hour
     Abstract: The Department of Labor is                    Rulemaking is related to a separate                    Division, Department of Labor,
     considering possible revisions to the                   Notice of Proposed Rulemaking (see                     Employment Standards Administration,
     hazardous occupations orders that may                   Related RIN: 1215-AB57).                               200 Constitution Avenue NW., FP
     be undertaken to address                                Timetable:                                             Building, S3502, Washington, DC 20210
     recommendations of the National                         Action                        Date        FR Cite
                                                                                                                    Phone: 202 693–0051
     Institute for Occupational Safety and                                                                          Fax: 202 693–1302
     Health (NIOSH) in its May 2002 report                   ANPRM                        07/00/06
                                                                                                                    Related RIN: Related to 1215–AB57
     to the Department on the Fair Labor                     Regulatory Flexibility Analysis
     Standards Act child labor regulations                   Required: Undetermined                                 RIN: 1215–AB44


     Department of Labor (DOL)                                                                                                        Proposed Rule Stage
     Employment Standards Administration (ESA)

     1912. AMENDMENTS TO THE FAIR                            occupations. Changes will be required                  Legal Authority: 29 USC 2654
     LABOR STANDARDS ACT                                     in the regulations to reflect these
                                                                                                                    CFR Citation: 29 CFR 825
                                                             amendments. Other updates will
     Priority: Other Significant
                                                             address needed clarifications to                       Legal Deadline: None
     Legal Authority: 29 USC 201 et seq;                     additional sections of the regulations,                Abstract: The U.S. Supreme Court, in
     PL 104–188, sec 2101 to 2105                            including sections affected by Public                  Ragsdale v. Wolverine World Wide,
     CFR Citation: 29 CFR 4; 29 CFR 531;                     Law 106-151, section 1 (Dec. 9, 1999),                 Inc., 122 S. Ct. 1155 (2002), invalidated
     29 CFR 541; 29 CFR 778; 29 CFR 785;                     113 Stat. 1731, and Public Law 106-                    regulatory provisions issued under the
     29 CFR 790; 29 CFR 870; 41 CFR                          202 (May 18, 2002), 114 Stat. 308.                     Family and Medical Leave Act (FMLA)
     50–202                                                  Timetable:                                             pertaining to the effects of an
                                                                                                                    employer’s failure to timely designate
     Legal Deadline: None                                    Action                        Date        FR Cite
                                                                                                                    leave that is taken by an employee as
     Abstract: Small Business Job Protection                 NPRM                         11/00/06                  being covered by the FMLA. The
     Act of 1996 (H.R. 3448) enacted on                      Regulatory Flexibility Analysis                        Department intends to propose
     August 20, 1996 (Pub. L. 104-188, title                 Required: No                                           revisions to the FMLA regulations to
     II) amended the Portal-to-Portal Act                                                                           address issues raised by this and other
     (PA) and the Fair Labor Standards Act                   Government Levels Affected: Federal,
                                                                                                                    judicial decisions.
     (FLSA). The PA amendment excludes                       Local, State
                                                             URL For Public Comments:                               Statement of Need: The FMLA requires
     (under certain circumstances) from
                                                             http://www.regulations.gov                             covered employers to grant eligible
     compensable ‘‘hours worked’’ the time
                                                                                                                    employees up to 12 workweeks of
     spent by an employee in home-to-work                    Agency Contact: Alfred B. Robinson,                    unpaid, job-protected leave a year for
     travel in an employer-provided vehicle.                 Acting Administrator, Wage and Hour                    specified family and medical reasons,
     The FLSA amendments: (1) Increased                      Division, Department of Labor,                         and to maintain group health benefits
     the $4.25 Federal minimum hourly                        Employment Standards Administration,                   during the leave as if the employees
     wage in two steps to $5.15 on                           200 Constitution Avenue NW., FP                        continued to work instead of taking
     September 1, 1997; (2) provided a $4.25                 Building, S3502, Washington, DC 20210                  leave. When an eligible employee
     subminimum wage for youth under age                     Phone: 202 693–0051                                    returns from FMLA leave, the employer
     20 in their first 90 calendar days of                   Fax: 202 693–1302                                      must restore the employee to the same
     employment with an employer; (3) set
                                                             RIN: 1215–AB13                                         or an equivalent job with equivalent
     the employer’s direct wage payment
                                                                                                                    pay, benefits, and other conditions of
     obligation for tipped employees at
                                                                                                                    employment. FMLA makes it unlawful
     $2.13 per hour (provided such                           1913. FAMILY AND MEDICAL LEAVE                         for an employer to interfere with,
     employees receive the balance of the                    ACT OF 1993; CONFORM TO THE                            restrain, or deny the exercise of any
     full minimum wage in tips); and (4)                     SUPREME COURT’S RAGSDALE                               right provided by the FMLA.
     set the hourly compensation                             DECISION
     requirements at no less than $27.63 per                                                                        The FMLA regulations require
     hour for certain exempt professional                    Priority: Other Significant                            employers to designate if an employee’s
     employees in computer-related                           Unfunded Mandates: Undetermined                        use of leave is counting against the


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                             Federal Register / Vol. 71, No. 78 / Monday, April 24, 2006 / Unified Agenda                                                   22903

     DOL—ESA                                                                                                                         Proposed Rule Stage


     employee’s FMLA leave entitlement,                      Timetable:                                             statutory amendments enacted in 2004,
     and to notify the employee of that                      Action                        Date        FR Cite      and will propose, among other updates,
     designation (29 CFR section 825.208).                                                                          revisions to address several
     Section 825.700(a) of the regulations                   NPRM                         06/00/06                  recommendations of the National
     provides that if an employee takes paid                 Regulatory Flexibility Analysis                        Institute for Occupational Safety and
     or unpaid leave and the employer does                   Required: Undetermined                                 Health (NIOSH) in its 2002 report to
     not designate the leave as FMLA leave,                                                                         the Department of Labor on the child
                                                             Small Entities Affected: Businesses,
     the leave taken does not count against                                                                         labor Hazardous Occupations Orders
                                                             Governmental Jurisdictions,
     the employee’s 12 weeks of FMLA                                                                                (HOs) (available at
                                                             Organizations
     leave entitlement.                                                                                             http://www.youthrules.dol.gov/
                                                             Government Levels Affected:                            resources.htm). This Notice of Proposed
     On March 19, 2002, the U.S. Supreme
     Court issued its decision in Ragsdale                   Undetermined                                           Rulemaking is related to a separate
     v. Wolverine World Wide, Inc., 122 S.                   Federalism: Undetermined                               Advance Notice of Proposed
     Ct. 1155 (2002). In that decision, the                  Agency Contact: Alfred B. Robinson,                    Rulemaking (see Related RIN: 1215-
     Court invalidated regulatory provisions                 Acting Administrator, Wage and Hour                    AB44) that requests additional data and
     pertaining to the effects of an                         Division, Department of Labor,                         public input to supplement the
     employer’s failure to timely designate                  Employment Standards Administration,                   conclusions and recommendations on
     leave that is taken by an employee as                   200 Constitution Avenue NW., FP                        certain of the HOs contained in the
     being covered by the FMLA. The Court                    Building, S3502, Washington, DC 20210                  NIOSH report for consideration in
     ruled that 29 CFR section 825.700(a)                    Phone: 202 693–0051                                    additional possible revisions that may
     was invalid absent evidence that the                    Fax: 202 693–1302                                      be undertaken in subsequent
     employer’s failure to designate the                                                                            rulemaking actions.
     leave as FMLA leave interfered with                     RIN: 1215–AB35
     the employee’s exercise of FMLA                                                                                Timetable:
     rights. This proposed rule is being                     1914. ∑ CHILD LABOR REGULATIONS,                       Action                    Date        FR Cite
     prepared to address issues raised by                    ORDERS, AND STATEMENTS OF
     this and other judicial decisions.                                                                             NPRM                    07/00/06
                                                             INTERPRETATION
     Summary of Legal Basis: This rule is                    Priority: Other Significant. Major status              Regulatory Flexibility Analysis
     issued pursuant to section 404 of the                   under 5 USC 801 is undetermined.                       Required: Undetermined
     Family and Medical Leave Act, 29
     U.S.C. section 2654.                                    Unfunded Mandates: Undetermined                        Small Entities Affected: Businesses,
                                                             Legal Authority: 29 USC 203(l); 29 USC                 Governmental Jurisdictions
     Alternatives: After completing a review
     and analysis of the Supreme Court’s                     212; 29 USC 213(c)
                                                                                                                    Government Levels Affected: Local,
     decision in Ragsdale and other judicial                 CFR Citation: 29 CFR 570                               State
     decisions, regulatory alternatives will                 Legal Deadline: None
     be developed for notice-and-comment                                                                            Federalism: Undetermined
     rulemaking.                                             Abstract: The Department of Labor
                                                             continues to review the Fair Labor                     Agency Contact: Alfred B. Robinson,
     Anticipated Cost and Benefits: The                      Standards Act child labor provisions to                Acting Administrator, Wage and Hour
     costs and benefits of this rulemaking                   ensure that the implementing                           Division, Department of Labor,
     action are not expected to exceed $100                  regulations provide job opportunities                  Employment Standards Administration,
     million per year or otherwise trigger                   for working youth that are healthy and                 200 Constitution Avenue NW., FP
     economic significance under Executive                   safe and not detrimental to their                      Building, S3502, Washington, DC 20210
     Order 12866.                                            education, as required by the statute                  Phone: 202 693–0051
     Risks: This rulemaking action does not                  (29 U.S.C. Sections 203(l), 212(c),                    Fax: 202 693–1302
     directly affect risks to public health,                 213(c), and 216(e)). This proposed rule
     safety, or the environment.                             will update the regulations to reflect                 RIN: 1215–AB57


     Department of Labor (DOL)                                                                                                               Final Rule Stage
     Employment Standards Administration (ESA)

     1915. AFFIRMATIVE ACTION AND                            Legal Deadline: None                                   granted VEVRAA protection to a new
     NONDISCRIMINATION OBLIGATIONS                           Abstract: The Office of Federal                        group of veterans: those who, while
     OF CONTRACTORS AND                                      Contract Compliance Programs (OFCCP)                   serving on active duty in the Armed
     SUBCONTRACTORS FOR SPECIAL                              proposes to create a new regulation                    Forces, participated in a United States
     DISABLED VETERANS AND                                   implementing the Vietnam Era                           military operation for which an Armed
     VETERANS OF THE VIETNAM ERA                             Veterans’ Readjustment Assistance Act                  Forces Service Medal was awarded
     Priority: Other Significant                             (VEVRAA) 38 USC 4212, to conform to                    pursuant to Executive Order 12985.
                                                             the Jobs for Veterans Act (JVA). JVA                   Third, JVA changed the definition of
     Legal Authority: 38 USC 4211; 38 USC                    amended VEVRAA in four ways. First,                    ‘‘recently separated veteran’’ to include
     4212; 29 USC 793; EO 11758                              JVA raised contract coverage from                      ‘‘any veteran during the three-year
     CFR Citation: 41 CFR 60–300                             $25,000 to $100,000. Second, JVA                       period beginning on the date of such


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     22904                   Federal Register / Vol. 71, No. 78 / Monday, April 24, 2006 / Unified Agenda

     DOL—ESA                                                                                                                                 Final Rule Stage


     veteran’s discharge or release from                     regulations do not include one                         Small Entities Affected: No
     active duty.’’ Fourth, JVA changed                      important provision of the LMRDA
     ‘‘Special Disabled Veterans’’ to                        which requires unions to inform their                  Government Levels Affected: None
     ‘‘Disabled Veterans,’’ expanding the                    members of the provisions of the                       URL For More Information:
     coverage to conform to 38 USC section                   statute. The proposed rule would                       www.olms.dol.gov
     4211(3). This proposal will also                        amend the standards of conduct
     increase the AAP threshold from                         regulations to include this important                  Agency Contact: Kay H. Oshel,
     $50,000 to $100,000 and will make                       provision.                                             Director, Office of Policy, Reports and
     other changes to the regulations. The                                                                          Disclosure, Office of
                                                             Timetable:                                             Labor–Management Standards,
     VEVRAA Final Rule implementing the
     Veterans Employment Opportunities                       Action                        Date        FR Cite      Department of Labor, Employment
     Act of 1998 and Veterans Benefits                                                                              Standards Administration, 200
                                                             NPRM                         11/03/04 69 FR 64221
     Health Care Improvement Act of 2000                                                                            Constitution Avenue NW., FP Building,
                                                             NPRM Comment                 01/03/05
     at 41 CFR 60-250 is RIN 1215-AB24.                        Period End                                           Room N–5605, Washington, DC 20210
                                                             Final Action                 05/00/06                  Phone: 202 693–1233
     Timetable:                                                                                                     TDD Phone: 800 877–8399
     Action                      Date         FR Cite        Regulatory Flexibility Analysis                        Fax: 202 693–1340
                                                             Required: No                                           Email: olms-public@dol.gov
     NPRM                     01/20/06 71 FR 3351
                                                             Small Entities Affected: Organizations
     NPRM Comment             03/28/06                                                                              RIN: 1215–AB49
       Period End                                            Government Levels Affected: None
     Final Action             11/00/06                       Agency Contact: Kay H. Oshel,                          1918. CLAIMS FOR COMPENSATION
     Regulatory Flexibility Analysis                         Director, Office of Policy, Reports and                UNDER THE ENERGY EMPLOYEES
     Required: Undetermined                                  Disclosure, Office of                                  OCCUPATIONAL ILLNESS
     Government Levels Affected: None                        Labor–Management Standards,                            COMPENSATION PROGRAM ACT OF
                                                             Department of Labor, Employment                        2000, AS AMENDED
     Agency Contact: James C. Pierce,                        Standards Administration, 200
     Acting Deputy Director, Div. of Policy,                 Constitution Avenue NW., FP Building,                  Priority: Economically Significant.
     Planning & Program Development,                         Room N–5605, Washington, DC 20210                      Major under 5 USC 801.
     OFCCP, Department of Labor,                             Phone: 202 693–1233
     Employment Standards Administration,                                                                           Legal Authority: 42 USC 7384d(a); 42
                                                             TDD Phone: 800 877–8399
     200 Constitution Avenue NW., Room                                                                              USC 7385s–10(e); EO 13179
                                                             Fax: 202 693–1340
     N3422, FP Building, Washington, DC                      Email: olms-public@dol.gov                             CFR Citation: 20 CFR 1; 20 CFR 30
     20210
     Phone: 202 693–0102                                     RIN: 1215–AB48                                         Legal Deadline: None
     TDD Phone: 202 693–1337                                                                                        Abstract: The regulations govern how
     Fax: 202 693–1304                                       1917. LABOR ORGANIZATION                               the Office of Workers’ Compensation
     Email: ofccp-public@dol.gov                             OFFICER AND EMPLOYEE REPORTS                           Programs (OWCP) administers the
     Related RIN: Related to 1215–AB24                       Priority: Other Significant                            Energy Employees Occupational Illness
     RIN: 1215–AB46                                          Legal Authority: 29 USC 432, 438                       Compensation Program Act of 2000, as
                                                                                                                    amended (EEOICPA), 42 U.S.C. 7384 et
                                                             CFR Citation: 29 CFR 404.3                             seq. Since July 31, 2001, OWCP has
     1916. STANDARDS OF CONDUCT FOR                          Legal Deadline: None                                   administered the provisions of Part B
     FEDERAL SECTOR LABOR                                                                                           of the EEOICPA that were not assigned
     ORGANIZATIONS                                           Abstract: This rulemaking action will
                                                             revise Form LM-30, the report filed by                 to the Secretary of Health and Human
     Priority: Other Significant                             labor organization officers and                        Services, to the Secretary of Energy, or
                                                             employees who have engaged in certain                  to the Attorney General by EO 13179.
     Legal Authority: 5 USC 7120
                                                             transactions or received certain                       Part B of the EEOICPA provides for the
     CFR Citation: 29 CFR 458.4 (New)                                                                               payment of lump-sum compensation
                                                             payments from employers and
     Legal Deadline: None                                    businesses. The proposed revision                      and medical benefits to Department of
                                                             would clarify a number of ambiguities                  Energy employees and certain of its
     Abstract: This rulemaking action will                                                                          contractors and subcontractors (or their
     revise the regulations implementing the                 in the current instructions.
                                                                                                                    survivors) who sustained an
     standards of conduct for Federal sector                 Timetable:                                             occupational illness due to exposure to
     unions under the Civil Service Reform                                                                          radiation, beryllium or silica. Part B
                                                             Action                        Date        FR Cite
     Act of 1978 (CSRA). Under the CSRA                                                                             also provides for medical benefits and
     standards of conduct provisions, the                    NPRM                         08/29/05 70 FR 51166
                                                                                                                    a supplemental lump-sum payment to
     implementing regulations are to                         NPRM Comment                 10/28/05
                                                                                                                    awardees under section 5 of the
     conform to the principles applied to                      Period End
                                                             NPRM Comment                 10/24/05 70 FR 61400
                                                                                                                    Radiation Exposure Compensation Act
     private sector unions. Accordingly, the                                                                        (RECA), 42 U.S.C. 2210 (note).
     implementing regulations generally                        Period Extended to
     follow the provisions of the Labor-                       01/26/2006                                           On October 28, 2004, the President
     Management Reporting and Disclosure                     Final Action                 06/00/06                  signed legislation repealing former Part
     Act of 1959, as amended (LMRDA).                        Regulatory Flexibility Analysis                        D of the EEOICPA that had been
     However, the standards of conduct                       Required: No                                           administered by the Secretary of Energy


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                             Federal Register / Vol. 71, No. 78 / Monday, April 24, 2006 / Unified Agenda                                                     22905

     DOL—ESA                                                                                                                                   Final Rule Stage


     and creating a new Part E, which                        OFCCP prepare and file an Equal                        U.S.C. 402 (i). This rule will revise
     provides for the payment of additional                  Opportunity (EO) Survey. The EO                        existing reporting requirements for such
     monetary compensation (based on                         Survey contains information about                      trusts imposed by final rule in 2003
     permanent impairment and/or wage                        personnel activities, compensation and                 (RIN 1215-AB34). These requirements
     loss) and medical benefits for DOE                      tenure data and specific information                   were found invalid by the U.S. Court
     contractor employees (or their                          about the contractor’s affirmative action              of Appeals of the District of Columbia
     survivors) and uranium miners, millers                  programs. This Notice of Proposed                      circuit. In a 2005 decision, the appeals
     and ore transporters covered by section                 Rulemaking (NPRM) will address                         court upheld the Department of Labor’s
     5 of the RECA (or their survivors) who                  concerns regarding the effectiveness of                authority to require labor organizations
     sustained a covered illness due to                      the EO Survey.                                         to report on the activities of trusts in
     exposure to a toxic substance while                     Timetable:                                             which they hold an interest, but found
     working at a DOE facility, or a uranium                                                                        that the Department had exceeded its
     mine or mill covered under section 5                    Action                        Date        FR Cite      authority by imposing a rule that failed
     of RECA. Responsibility for                             NPRM                         01/20/06 71 FR 3373       to differentiate between trusts over
     administration of Part E of the                         NPRM Comment                 03/28/06                  which a union or unions exercised
     EEOICPA was assigned to the Secretary                     Period End                                           dominant control and those in which
     of Labor.                                               Final Action                 08/00/06                  the apparent authority was significantly
     Timetable:                                                                                                     diluted.
                                                             Regulatory Flexibility Analysis
     Action                      Date         FR Cite        Required: Undetermined                                 Timetable:
                                                             Government Levels Affected:                            Action                      Date        FR Cite
     Interim Final Rule       06/08/05 70 FR 33590
     Interim Final Rule       08/08/05                       Undetermined                                           Final Action              06/00/06
        Comment Period                                       Agency Contact: James C. Pierce,                       Regulatory Flexibility Analysis
        End                                                  Acting Deputy Director, Div. of Policy,                Required: Yes
     Interim Final Rule       06/08/05                       Planning & Program Development,
        Effective                                            OFCCP, Department of Labor,                            Small Entities Affected: Organizations
     Final Action             12/00/06                       Employment Standards Administration,                   Government Levels Affected: None
     Regulatory Flexibility Analysis                         200 Constitution Avenue NW., Room                      Agency Contact: Kay H. Oshel,
     Required: No                                            N3422, FP Building, Washington, DC                     Director, Office of Policy, Reports and
     Small Entities Affected: No                             20210                                                  Disclosure, Office of
                                                             Phone: 202 693–0102                                    Labor–Management Standards,
     Government Levels Affected: None                        TDD Phone: 202 693–1337                                Department of Labor, Employment
     Agency Contact: Peter Turcic, Director,                 Fax: 202 693–1304                                      Standards Administration, 200
     Division of Energy Employees                            Email: ofccp-public@dol.gov                            Constitution Avenue NW., FP Building,
     Occupational Illness Compensation,                      RIN: 1215–AB53                                         Room N–5605, Washington, DC 20210
     OWCP, Department of Labor,                                                                                     Phone: 202 693–1233
     Employment Standards Administration,                                                                           TDD Phone: 800 877–8399
     200 Constitution Avenue NW., FP                         1920. ∑ LABOR ORGANIZATION                             Fax: 202 693–1340
     Building, Room C–3321, Washington,                      ANNUAL FINANCIAL TRUST                                 Email: olms-public@dol.gov
     DC 20210                                                REPORTS: FORM T–1
                                                                                                                    RIN: 1215–AB54
     Phone: 202 693–0081                                     Priority: Other Significant
     Fax: 202 693–1465
     Email: turcic.peter@dol.gov                             Legal Authority: 29 USC 431; 29 USC
                                                                                                                    1921. ∑ AIRLINE EMPLOYEE
                                                             438
     RIN: 1215–AB51                                                                                                 PROTECTION PROGRAM
                                                             CFR Citation: 29 CFR 403.2; 29 CFR                     Priority: Info./Admin./Other
                                                             403.5; 29 CFR 403.8; 29 CFR 408.5
     1919. ∑ AFFIRMATIVE ACTION AND                                                                                 Legal Authority: PL 105–220–199(a)(6);
                                                             Legal Deadline: None                                   112 Stat 936, 1058 to 1059 (1998)
     NONDISCRIMINATION OBLIGATIONS
     OF CONTRACTORS AND                                      Abstract: This rule will implement                     CFR Citation: 29 CFR 220
     SUBCONTRACTORS; EQUAL                                   revisions to reporting requirements
                                                             under the Labor-Management Reporting                   Legal Deadline: None
     OPPORTUNITY SURVEY
                                                             and Disclosure Act of 1959, as                         Abstract: This final rule will rescind
     Priority: Other Significant
                                                             Amended (LMRDA), for trusts in which                   the Airline Employee Protection
     Legal Authority: EO 11246, as amended                   labor organizations are interested. Such               Program regulations at 29 CFR 220 that
     CFR Citation: 41 CFR 60–2.18                            trusts include a ‘‘trust of other fund or              were issued to implement the Rehire
                                                             organization (1) which was created or                  Program established by section 43 of
     Legal Deadline: None                                    established by a labor organization, or                the Airline Deregulation Act of 1978.
     Abstract: On November 13, 2000, the                     one or more of the trustees or one or                  The program was intended to assist
     Office of Federal Contract Compliance                   more members of the governing body                     airline workers who were laid off as
     Programs (OFCCP) published a Final                      or which is selected or appointed by                   a result of airline deregulation by
     Rule which established an Equal                         a labor organization and (2) a primary                 providing a first right of hire for
     Opportunity (EO) Survey. The EO                         purpose of which is to provide benefits                designated employees covered by air
     Survey requires that nonconstruction                    for the members of such labor                          carriers. Because of administrative and
     contractor establishments designated by                 organization or their beneficiaries.‘‘ 29              judicial delays, the Department’s final


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     22906                   Federal Register / Vol. 71, No. 78 / Monday, April 24, 2006 / Unified Agenda

     DOL—ESA                                                                                                                                 Final Rule Stage


     rule implementing the program was not                   Timetable:                                             Programs, Department of Labor,
     issued until 1985, 7 years after                        Action                        Date        FR Cite      Employment Standards Administration,
     enactment of the Act. The regulation                                                                           200 Constitution Avenue NW., Rm
     became effective January 27, 1986. In                   Final Action                 06/00/06                  N5112, FP Building, Washington, DC
     1998, Congress repealed section 43 of                   Regulatory Flexibility Analysis                        20210
     the Airline Deregulation Act in section                 Required: No                                           Phone: 202 693–1226
     199(a)(6) of the Workforce Investment                   Small Entities Affected: No                            Fax: 202 693–1342
     Act (Pub. L. 105-220). Consequently,                                                                           Email: hyde.patrick@dol.gov
     the regulations implementing the                        Government Levels Affected: None
     Airline Employee Protection Program                     Agency Contact: Patrick Alan Hyde,                     RIN: 1215–AB55
     are now without force or effect.                        Division Chief, Division of Statutory

     Department of Labor (DOL)                                                                                                            Long-Term Actions
     Employment Standards Administration (ESA)

     1922. LABOR CONDITION                                   These employers must recruit for U.S.                  Regulatory Flexibility Analysis
     APPLICATIONS AND REQUIREMENTS                           workers, hire U.S. workers who are at                  Required: No
     FOR EMPLOYERS USING                                     least as qualified as H-1B workers, and                Government Levels Affected: Federal
     NONIMMIGRANTS ON H–1B VISAS IN                          not displace U.S. workers by hiring H-
     SPECIALTY OCCUPATIONS AND AS                            1B workers or placing them at another                  Additional Information: On December
     FASHION MODELS                                          employer’s job site. The 1998                          20, 2000, the Department published an
                                                             amendments also imposed additional                     interim final rule to implement the
     Priority: Other Significant                                                                                    recent amendments and clarify the
                                                             obligations on all H-1B employers, such
     Legal Authority: 29 USC 49 et seq; 8                    as offering benefits to H-1B workers on                existing rules, and requested further
     USC 1101(a)(15)(H)(i)(b); 8 USC                         the same basis and according to the                    public comment on those provisions.
     1182(n); 8 USC 1184; PL 102–232; PL                     same criteria as offered to U.S. workers,              On December 8, 2004, Congress enacted
     105–277                                                 and payment to H-1B workers during                     the H-1B Visa Reform Act of 2004 as
     CFR Citation: 20 CFR 655, subparts H                    periods they are not working for an                    part of the Consolidated Appropriations
     and I                                                   employment-related reason. The 1999                    Act of 2005 (Pub. L. 108-447, 188 Stat.
     Legal Deadline: None                                    proposed rule also requested further                   2809, Division J, Title IV, Subtitle B
                                                             public comment on earlier proposed                     (Dec. 8, 2004)), which reinstated
     Abstract: The H-1B visa program of the
                                                             provisions published in October 1995,                  (effective March 8, 2005) certain
     Immigration and Nationality Act allows
                                                             and on particular interpretations of the               attestation requirements for H-1B
     employers to temporarily employ
                                                             statute and of the existing regulations                dependent employers and employers
     nonimmigrants admitted into the
                                                             which the Department proposed to                       found to have committed willful
     United States under the H-1B visa
                                                             incorporate into the regulations. Since                violations or misrepresentations of
     category in specialty occupations and
                                                             publishing the proposed rule, Congress                 material facts during the five-year
     as fashion models, under specified
                                                             enacted further amendments to the H-                   period prior to filing the H-1B Labor
     labor conditions. An employer must file
                                                             1B provisions under the American                       Condition Application.
     a labor condition application with the
                                                             Competitiveness in the Twenty-First                    Agency Contact: Alfred B. Robinson,
     Department of Labor before the U. S.
                                                             Century Act of 2000 (Pub. L. 106-313;                  Acting Administrator, Wage and Hour
     Citizenship and Immigration Services
                                                             Oct. 17, 2000), the Immigration and                    Division, Department of Labor,
     may approve a petition to employ a
                                                             Nationality Act—Amendments (Pub. L.                    Employment Standards Administration,
     foreign worker on an H-1B visa. The
                                                             106-311; Oct. 17, 2000), and section                   200 Constitution Avenue NW., FP
     Department’s Employment and Training
                                                             401 of the Visa Waiver Permanent                       Building, S3502, Washington, DC 20210
     Administration administers the labor
                                                             Program Act (Pub. L. 106-396; Oct. 30,                 Phone: 202 693–0051
     condition application process; the Wage
                                                             2000).                                                 Fax: 202 693–1302
     and Hour Division of the Department’s
     Employment Standards Administration                     Timetable:                                             RIN: 1215–AB09
     handles complaints and investigations                   Action                        Date        FR Cite
     regarding labor condition applications.
                                                             NPRM                         10/31/95 60 FR 55339      1923. UNION ORGANIZATION AND
     The Department published a proposed
                                                             NPRM Comment                 11/30/95                  VOTING RIGHTS: CRITERIA FOR
     rule on January 5, 1999, in response
                                                                Period End                                          CHARACTERIZING A LABOR
     to statutory changes in the H-1B
                                                             NPRM                         01/05/99 64 FR 628        ORGANIZATION AS A LOCAL,
     program made by the American                            NPRM Comment                 02/04/99
     Competitiveness and Workforce                                                                                  INTERMEDIATE, OR NATIONAL OR
                                                                Period End                                          INTERNATIONAL LABOR
     Improvement Act of 1998 (title IV, Pub.                 Interim Final Rule           12/20/00 65 FR 80110
     L. 105-277; Oct. 21, 1998). Those                                                                              ORGANIZATION
                                                             Interim Final Rule           01/19/01
     changes placed additional obligations                      Effective                                           Priority: Other Significant
     on ‘‘H-1B-dependent’’ employers                         Interim Final Rule           04/23/01 66 FR 10865      Legal Authority: 29 USC 481 and 482
     (generally, those with work forces                         Comment Period
     comprised of more than 15 percent H-                       End                                                 CFR Citation: 29 CFR 452.11
     1B workers) and on willful violators.                   Final Action                   To Be Determined        Legal Deadline: None


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                             Federal Register / Vol. 71, No. 78 / Monday, April 24, 2006 / Unified Agenda                                                     22907

     DOL—ESA                                                                                                                             Long-Term Actions


     Abstract: The Request for Information                   TDD Phone: 800 877–8399                               any detail the nature and scope of these
     sought comments from the public as to                   Fax: 202 693–1340                                     fiduciary duties.
     whether and how to revise the current                   Email: olms-public@dol.gov
                                                                                                                   Timetable:
     tests for determining whether a labor                   RIN: 1215–AB50
     organization is a local union,                                                                                Action                       Date        FR Cite
     intermediate union, or national or                                                                            Request for          08/29/05 70 FR 51227
     international union.                                    1924. UNION OFFICIALS: GUIDELINES                       Information
                                                             FOR FIDUCIARY RESPONSIBILITIES                        Comment Period End 10/28/05
     Timetable:
                                                             UNDER SECTION 501(A) OF THE                           Request for          10/24/05 70 FR 61472
     Action                      Date         FR Cite        LABOR–MANAGEMENT REPORTING                              Information
     Request for          11/03/04 69 FR 64234               AND DISCLOSURE ACT                                      Comment Period
       Information                                           Priority: Other Significant                             Extended to
     Comment Period       12/03/04 69 FR 70288                                                                       01/26/2006
                                                             Legal Authority: 29 USC 501(a); 29                    Next Action Undetermined
       Extended
                                                             USC 521
     Comment Period End 01/03/05                                                                                   Regulatory Flexibility Analysis
     Next Action Undetermined                                CFR Citation: Not Yet Determined                      Required: No
     Regulatory Flexibility Analysis                         Legal Deadline: None                                  Government Levels Affected: None
     Required: No                                            Abstract: This notice requests
                                                             information from the public to assist                 Agency Contact: Kay H. Oshel,
     Government Levels Affected: None                                                                              Director, Office of Policy, Reports and
                                                             the Department of Labor in determining
     URL For More Information:                               whether to issue guidelines concerning                Disclosure, Office of
     www.olms.dol.gov                                        the fiduciary obligations of union                    Labor–Management Standards,
     Agency Contact: Kay H. Oshel,                           officers and other representative under               Department of Labor, Employment
     Director, Office of Policy, Reports and                 section 501(a) of the LMRDA, 29 U.S.C.                Standards Administration, 200
     Disclosure, Office of                                   section 501. Section 501 states in                    Constitution Avenue NW., FP Building,
     Labor–Management Standards,                             general terms that officers and other                 Room N–5605, Washington, DC 20210
     Department of Labor, Employment                         representatives of a labor organization               Phone: 202 693–1233
     Standards Administration, 200                           occupy ‘‘positions of trust’’ within their            TDD Phone: 800 877–8399
     Constitution Avenue NW., FP Building,                   labor organizations and must act in the               Fax: 202 693–1340
     Room N–5605, Washington, DC 20210                       best interest of their union. The                     Email: olms-public@dol.gov
     Phone: 202 693–1233                                     LMRDA does not, however, describe in                  RIN: 1215–AB52


     Department of Labor (DOL)                                                                                                              Completed Actions
     Employment Standards Administration (ESA)

     1925. AFFIRMATIVE ACTION AND                            rule makes three general types of                     Timetable:
     NONDISCRIMINATION OBLIGATIONS                           revisions to the VEVRAA regulations.                  Action                       Date        FR Cite
     OF CONTRACTORS AND                                      First, it generally conforms the
     SUBCONTRACTORS FOR SPECIAL                              VEVRAA regulations to the Veterans                    Final Action               12/01/05 70 FR 72147
     DISABLED VETERANS AND                                   Employment Opportunities Act of 1998                  Final Action Effective     01/03/06
     VETERANS OF THE VIETNAM ERA                             and the Veterans Benefits and Health                  Regulatory Flexibility Analysis
     Priority: Other Significant                             Care Improvement Act of 2000.                         Required: No
                                                             Secondly, it removes language about
     Legal Authority: 38 USC 4211; 38 USC                                                                          Government Levels Affected: None
     4212; 29 USC 793; EO 11758                              the effective date of the rule published
                                                             in 1998 because the language is                       Agency Contact: James C. Pierce,
     CFR Citation: 41 CFR 60–250                             obsolete, and regulations no longer                   Acting Deputy Director, Div. of Policy,
     Legal Deadline: None                                    contain an ‘‘effective date’’ paragraph.              Planning & Program Development,
     Abstract: The regulation is a final rule                The Department of Labor has                           OFCCP, Department of Labor,
     that revises the current regulations                    determined that this rulemaking need                  Employment Standards Administration,
     implementing the nondiscrimination                      not be published as a proposed rule,                  200 Constitution Avenue NW., Room
     and affirmative action provisions of the                as generally required by the                          N3422, FP Building, Washington, DC
     Vietnam Era Veterans’ Readjustment                      Administrative Procedures Act, 5                      20210
     Assistance Act of 1974 (VEVRAA), as                     U.S.C. 553, because the revisions in the              Phone: 202 693–0102
     amended. VEVRAA requires                                rule are either nondiscretionary                      TDD Phone: 202 693–1337
     Government contractors and                              ministerial actions that merely                       Fax: 202 693–1304
     subcontractors to take affirmative action               incorporate, without change, statutory                Email: ofccp-public@dol.gov
     to employ and advance in employment                     amendments into the preexisting
                                                                                                                   Related RIN: Related to 1215–AB46
     qualified special disabled veterans and                 regulations or are rules of agency
     veterans of the Vietnam era. Today’s                    procedures or practice.                               RIN: 1215–AB24




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     22908                   Federal Register / Vol. 71, No. 78 / Monday, April 24, 2006 / Unified Agenda

     Department of Labor (DOL)                                                                                                       Proposed Rule Stage
     Employment and Training Administration (ETA)

     1926. REVISION TO THE                                   through subpart H) of the regulations.                Alternatives: The public will be
     DEPARTMENT OF LABOR BENEFIT                             A separate notice of proposed                         afforded an opportunity to provide
     REGULATIONS FOR TRADE                                   rulemaking will cover the two                         comments on the TAA program
     ADJUSTMENT ASSISTANCE FOR                               remaining subparts (subpart B and                     changes when the Department
     WORKERS UNDER THE TRADE ACT                             subpart I) and reserved definitions in                publishes the proposed rule in the
     OF 1974, AS AMENDED                                     subpart A.                                            Federal Register.
     Priority: Other Significant                             Statement of Need: The Trade                          Anticipated Cost and Benefits:
     Legal Authority: 19 USC 2320;                           Adjustment Assistance Reform Act of                   Preliminary estimates of the anticipated
     Secretary’s Order No. 3–81, 46 FR                       2002, enacted August 6, 2002, repeals                 costs of this regulatory action have not
     31117                                                   the North American Free Trade                         been determined at this time and will
                                                             Agreement-Transitional Adjustment                     be determined at a later date.
     CFR Citation: 29 CFR 90; 20 CFR 617;                    Assistance provisions for workers
     20 CFR 618; 20 CFR 665; 20 CFR 671;                                                                           Risks: This action does not affect
                                                             affected by the NAFTA Implementation                  public health, safety, or the
     ...                                                     Act and adds significant amendments                   environment.
     Legal Deadline: None                                    to worker benefits under Trade
                                                             Adjustment Assistance for Workers, as                 Timetable:
     Abstract: The Trade Adjustment
     Assistance Reform Act of 2002, enacted                  provided for in the Trade Act of 1974.                Action                    Date        FR Cite
     on August 6, 2002, contains provisions                  The 2002 Trade Act amends where and                   NPRM                    04/00/06
     amending title 2, chapter 2, of the                     by whom a petition may be filed.
     Trade Act of 1974, entitled Adjustment                  Program benefits for TAA—eligible                     Regulatory Flexibility Analysis
     Assistance for Workers. The                             recipients are expanded to include for                Required: No
     amendments, effective 90 days from                      the first time a health care tax credit,              Small Entities Affected: No
     enactment (November 4, 2002), make                      and eligible recipients now include                   Government Levels Affected: Federal,
     additions to where and by whom a                        secondarily affected workers impacted                 State
     petition may be filed, expand eligibility               by foreign trade. Income support is
     to workers whose production has been                    extended by 26 weeks and by up to                     Agency Contact: Erica Cantor, Director,
     shifted to certain foreign countries and                one year under certain conditions.                    Trade Adjustment Assistance,
     to worker groups secondarily affected,                  Waivers of training requirements in                   Department of Labor, Employment and
     and make substantive changes                            order to receive income support are                   Training Administration, 200
     regarding trade adjustment assistance                   explicitly defined. Job search and                    Constitution Avenue NW., Room
     (TAA) program benefits.                                 relocation benefit amounts are                        C5311, Washington, DC 20210
                                                             increased. Within one year of                         Phone: 202 693–2757
     It is the Agency’s intention to create                                                                        Email: cantor.erica@dol.gov
     a new 20 CFR part 618 to incorporate                    enactment, the amendments offer an
     the amendments and write it in plain                    Alternative TAA for Older Workers                     Related RIN: Related to 1205–AB40
     English, while amending the WIA                         program that targets older worker                     RIN: 1205–AB32
     regulations at 20 CFR parts 665 and 671                 groups who are certified as TAA
     regarding Rapid Response and National                   eligible and provides the option of a
     Emergency Grants as they relate to the                  wage supplement instead of training,                  1927. REVISION TO THE
     TAA program.                                            job search, and income support.                       DEPARTMENT OF LABOR
                                                             The Department is mandated to                         REGULATIONS FOR PETITIONS AND
     The proposed part 618 consists of 9                                                                           DETERMINATIONS OF ELIGIBILITY TO
     subparts: subpart A—General; subpart                    implement the amendments within 90
                                                             days from enactment (November 4,                      APPLY FOR TRADE ADJUSTMENT
     B—Petitions and Determinations of                                                                             ASSISTANCE FOR WORKERS AND
     Eligibility to Apply for Trade                          2002), and it issued operating
                                                             instructions in a guidance letter on                  ISSUANCE OF REGULATIONS FOR
     Adjustment Assistance (and Alternative                                                                        THE ALTERNATIVE TAA
     TAA); subpart C-—Delivery of Services                   October 10, 2002, and later published
     throughout the One-Stop Delivery                        in the Federal Register (67 FR 69029-                 Priority: Other Significant. Major status
     System; subpart D—Job Search                            41). State agencies rely on the                       under 5 USC 801 is undetermined.
     Allowances; subpart E—Relocation                        regulations to make determinations as                 Legal Authority: 19 USC 2320;
     Allowances; subpart F—Training                          to individual eligibility for TAA                     Secretary’s Order No. 3–81, 46 FR
     Services; subpart G—Trade                               program benefits. TAA program                         31117
     Readjustment Allowances (TRA);                          regulations as written have been
                                                             described as complicated to interpret.                CFR Citation: 29 CFR 90; 20 CFR 617
     subpart H—Administration by                                                                                   to 618; 20 CFR 665; 20 CFR 671; . . .
     Applicable State Agencies; and subpart                  With the new TAA program benefit
     I—Alternative Trade Adjustment                          amendments contained in the Trade                     Legal Deadline: None
     Assistance for Older Workers. Because                   Act of 2002, it is imperative that the                Abstract: The Trade Adjustment
     of the complexity of the subject matter                 regulations be in an easy-to-read and                 Assistance Reform Act of 2002, enacted
     and the States’ needs for definitive                    understandable format.                                on August 6, 2002, contains provisions
     instructions on providing TAA benefits,                 Summary of Legal Basis: These                         amending title 2, chapter 2 of the Trade
     the rulemaking for part 618 is divided                  regulations are authorized by 19 U.S.C.               Act of 1974, entitled Adjustment
     into two parts. This notice of proposed                 2320 due to the amendments to the                     Assistance for Workers. The
     rulemaking covers the general                           Trade Act of 1974 by the Trade                        amendments, effective 90 days from
     provisions (most of subpart A) and                      Adjustment Assistance Reform Act of                   enactment (November 4, 2002), make
     TAA benefits portions (subpart C                        2002.                                                 additions to where and by whom a


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                             Federal Register / Vol. 71, No. 78 / Monday, April 24, 2006 / Unified Agenda                                                   22909

     DOL—ETA                                                                                                                         Proposed Rule Stage


     petition may be filed, expand eligibility               extended by 26 weeks and by up to                      Agency Contact: Erica Cantor, Director,
     to workers whose production has been                    one year under certain conditions.                     Trade Adjustment Assistance,
     shifted to certain foreign countries and                Waivers of training requirements in                    Department of Labor, Employment and
     to worker groups secondarily affected,                  order to receive income support are                    Training Administration, 200
     and make substantive changes                            explicitly defined. Job search and                     Constitution Avenue NW., Room
     regarding Trade Adjustment Assistance                   relocation benefit amounts are                         C5311, Washington, DC 20210
     (TAA) program benefits.                                 increased. Within one year of                          Phone: 202 693–2757
     It is the Agency’s intention to create                  enactment, the amendments offer an                     Email: cantor.erica@dol.gov
     a new 20 CFR part 618 to incorporate                    Alternative TAA for Older Workers
                                                                                                                    Related RIN: Related to 1205–AB32
     the amendments and write it in plain                    program that targets older worker
     English, while amending the WIA                         groups who are certified as TAA                        RIN: 1205–AB40
     regulations at 20 CFR parts 665 and 671                 eligible and provides the option of a
     regarding Rapid Response and National                   wage supplement instead of training,
                                                                                                                    1928. LABOR CERTIFICATION FOR
     Emergency Grants as they relate to the                  job search, and income support.
                                                                                                                    THE PERMANENT EMPLOYMENT OF
     TAA program.                                            The Department is mandated to                          ALIENS IN THE UNITED STATES;
     The proposed part 618 consists of 9                     implement the amendments within 90                     REDUCING THE INCENTIVES AND
     subparts: subpart A—General; subpart                    days from enactment (November 4,                       OPPORTUNITIES FOR FRAUD AND
     B—Petitions and Determinations of                       2002), and it issued operating                         ABUSE AND ENHANCING PROGRAM
     Eligibility to Apply for Trade                          instructions in a guidance letter on                   INTEGRITY
     Adjustment Assistance (and Alternative                  October 10, 2002, and later published                  Priority: Other Significant
     TAA); subpart C—Delivery of Services                    in the Federal Register (67 FR 69029-
     throughout the One-Stop Delivery                        41). State agencies rely on the                        Legal Authority: 8 USC 1182(a)(5)(A)
     System; subpart D—Job Search                            regulations to make determinations as                  CFR Citation: 20 CFR 656
     Allowances; subpart E—Relocation                        to individual eligibility for TAA
     Allowances; subpart F—Training                          program benefits. TAA program                          Legal Deadline: None
     Services; subpart G—Trade                               regulations as written have been                       Abstract: The Department of Labor and
     Readjustment Allowances (TRA);                          described as complicated to interpret.                 the Department of Homeland Security
     subpart H—Administration by                             With the new TAA program benefit                       are simultaneously proposing changes
     Applicable State Agencies; and subpart                  amendments contained in the Trade                      to reduce the incentives and
     I—Alternative Trade Adjustment                          Act of 2002, it is imperative that the                 opportunities for fraud and abuse
     Assistance (ATAA) for Older Workers.                    regulations be in an easy-to-read and                  related to the permanent employment
     Because of the complexity of the                        understandable format.                                 of aliens in the United States. Among
     subject matter and the States’ needs for                                                                       other key changes, the Department is
     definitive instructions on providing                    Summary of Legal Basis: These
                                                             regulations are authorized by 19 U.S.C.                proposing to eliminate the current
     TAA benefits, the rulemaking for part                                                                          practice of allowing the substitution of
     618 is divided into 2 parts. This notice                2320 due to the amendments to the
                                                             Trade Act of 1974 by the Trade                         alien beneficiaries on applications and
     of proposed rulemaking covers the                                                                              approved labor certifications. DOL is
     petitions and determinations (subpart                   Adjustment Assistance Reform Act of
                                                             2002.                                                  proposing to further reduce the
     B) and ATAA (subpart I) and certain                                                                            likelihood of the submission of
     definitions in subpart A of the                         Alternatives: The public will be                       fraudulent applications for the
     regulations. A separate notice of                       afforded an opportunity to provide                     permanent employment of aliens in the
     proposed rulemaking will cover the                      comments on the TAA program                            United States by proposing a 45-day
     remaining subparts (subpart A and                       changes when the Department                            deadline for employers to file approved
     subpart C through subpart H).                           publishes the proposed rule in the                     permanent labor certifications in
     Statement of Need: The Trade                            Federal Register.                                      support of a petition with the
     Adjustment Assistance Reform Act of                     Anticipated Cost and Benefits:                         Department of Homeland Security. The
     2002, enacted August 6, 2002, repeals                   Preliminary estimates of the anticipated               proposed rule expressly prohibits the
     the North American Free Trade                           costs of this regulatory action have not               sale, barter, or purchase of permanent
     Agreement-Transitional Adjustment                       been determined at this time and will                  labor certifications or applications, as
     Assistance provisions for workers                       be determined at a later date.                         well as related payments. DOL will also
     affected by the NAFTA Implementation                                                                           propose enforcement mechanisms to
     Act and adds significant amendments                     Risks: This action does not affect                     protect program integrity, including
     to worker benefits under Trade                          public health, safety, or the                          debarment with appeal rights. These
     Adjustment Assistance for Workers, as                   environment.                                           proposed amendments would apply to
     provided for in the Trade Act of 1974.                                                                         employers using both the Application
                                                             Timetable:
     The 2002 Trade Act amends where and                                                                            for Alien Employment Certification
                                                             Action                        Date        FR Cite      (Form ETA 750) or the Application for
     by whom a petition may be filed.
     Program benefits for TAA—eligible                       NPRM                         12/00/06                  Permanent Employment Certification
     recipients are expanded to include for                                                                         (Form ETA 9089).
                                                             Regulatory Flexibility Analysis
     the first time a health care tax credit,                                                                       Timetable:
                                                             Required: No
     and eligible recipients now include
     secondarily affected workers impacted                   Government Levels Affected: Federal,                   Action                    Date        FR Cite
     by foreign trade. Income support is                     State                                                  NPRM                    02/13/06 71 FR 7656



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     22910                   Federal Register / Vol. 71, No. 78 / Monday, April 24, 2006 / Unified Agenda

     DOL—ETA                                                                                                                        Proposed Rule Stage


     Action                      Date         FR Cite        Government Levels Affected: None                      Avenue NW., Room C–4312, FP
                                                             Agency Contact: John R. Beverly III,                  Building, Washington, DC 20210
     NPRM Comment             04/14/06
                                                             Administrator, Office of Foreign Labor                Phone: 202 693–3502
      Period End
                                                             Certification, Department of Labor,                   Email: beverly.john@dol.gov
     Regulatory Flexibility Analysis                         Employment and Training
     Required: No                                            Administration, 200 Constittution                     RIN: 1205–AB42


     Department of Labor (DOL)                                                                                                              Final Rule Stage
     Employment and Training Administration (ETA)

     1929. FEDERAL–STATE                                     3/23/92 at 57 FR 10063 with comment                   attestations. Employers will be
     UNEMPLOYMENT COMPENSATION                               period ending 5/22/92.                                expected to have documentation
     (UC) PROGRAM; CONFIDENTIALITY                           Agency Contact: Gerard Hildebrand,                    available supporting their attestations
     AND DISCLOSURE OF INFORMATION                           Chief, Division of Legislation,                       as specified in the regulation and will
     IN STATE UC RECORDS                                     Department of Labor, Employment and                   be required to provide this supporting
     Priority: Other Significant                             Training Administration, Office of                    documentation to DOL within 30 days
                                                             Workforce Security, 200 Constitution                  from notice of audit. If, after
     Legal Authority: 26 USC ch 23; 42 USC                                                                         completion of the audit, DOL
                                                             Avenue NW., Room C–4518,
     1302(a); 42 USC 1320b–7; 42 USC 503;                                                                          determines that the employer has failed
                                                             Washington, DC 20210
     Secretary’s Orders 4–75 and 14–75                                                                             to comply with the terms of the
                                                             Phone: 202 693–3038
     CFR Citation: 20 CFR 603                                Email: hildebrand.gerard@dol.gov                      attestations contained in the DHS
                                                                                                                   petition or made material
     Legal Deadline: None                                    RIN: 1205–AB18                                        misrepresentations in its attestation,
     Abstract: The Employment and                                                                                  DOL will, after notice to the employer
     Training Administration of the                          1930. POST–ADJUDICATION AUDITS                        and opportunity for a hearing,
     Department of Labor prepared a notice                   OF H–2B PETITIONS OTHER THAN                          recommend to DHS that the employer
     of proposed rulemaking (NPRM) on                        LOGGING IN THE UNITED STATES                          be debarred, for a period up to 3 years.
     confidentiality and disclosure of State                                                                       Timetable:
     UC information. The NPRM would                          Priority: Other Significant
     modify and expand the regulations                       Legal Authority: 8 USC                                Action                    Date        FR Cite
     implementing the Income and                             1101(a)(15)(H)(ii)(b); 8 USC 1184; 29                 NPRM                    01/27/05 70 FR 3993
     Eligibility Verification System (IEVS) to               USC 49 et seq                                         NPRM Comment            02/28/05
     include statutory requirements in title                 CFR Citation: 8 CFR 214.2(h)(5); 20                     Period End
     III of the Social Security Act and the                  CFR 655.1 to 655.4                                    NPRM Comment            03/09/05 70 FR 11592
     Federal Unemployment Tax Act                                                                                    Period Reopened
     concerning confidentiality and                          Legal Deadline: None                                  NPRM Comment            03/09/05
     disclosure of State UC information. The                 Abstract: Under the redesigned H-2B                     Period Extended to
     use of UC wage records and other                                                                                April 8, 2005
                                                             temporary nonagricultural program
     information under these and other                                                                             Final Action            12/00/06
                                                             employers seeking to use H-2B workers,
     statutes has increased in recent years                  except for applications filed for                     Regulatory Flexibility Analysis
     while privacy and confidentiality issues                employment in Guam or in logging,                     Required: No
     have not yet been fully addressed.                      will file directly with the Department                Government Levels Affected: State
     Timetable:                                              of Homeland Security (DHS) instead of
                                                                                                                   Agency Contact: John R. Beverly III,
                                                             first filing an application for labor
     Action                      Date         FR Cite                                                              Administrator, Office of Foreign Labor
                                                             certification with the Department of
                                                                                                                   Certification, Department of Labor,
     NPRM                     08/12/04 69 FR 50022           Labor (DOL), as required under the
                                                                                                                   Employment and Training
     NPRM Comment             10/12/04                       current regulation. Under the
                                                                                                                   Administration, 200 Constittution
       Period End                                            regulations simultaneously proposed by
                                                                                                                   Avenue NW., Room C–4312, FP
     Final Action             06/00/06                       DOL and DHS, the employer will be
                                                                                                                   Building, Washington, DC 20210
     Regulatory Flexibility Analysis                         required to conduct recruitment before
                                                                                                                   Phone: 202 693–3502
     Required: No                                            filing its petition. The petition will
                                                                                                                   Email: beverly.john@dol.gov
                                                             include a number of attestations
     Small Entities Affected: No                             concerning labor market and related                   RIN: 1205–AB36
     Government Levels Affected: State                       issues identified in the DOL regulation.
                                                             DHS will administer the petition                      1931. LABOR CERTIFICATION FOR
     Federalism: This action may have                        adjudication process. After
     federalism implications as defined in                                                                         THE PERMANENT EMPLOYMENT OF
                                                             adjudication, DOL will audit selected                 ALIENS IN THE UNITED STATES;
     EO 13132.                                               approved petitions. In such audits, DOL               BACKLOG REDUCTION
     Additional Information: Formerly RIN                    will exclusively examine whether the
     1205-AA74; was taken off regulatory                     employer has complied with those                      Priority: Other Significant. Major status
     agenda in 1994 due to inactivity. An                    aspects of the approved petition related              under 5 USC 801 is undetermined.
     earlier NPRM was published on                           to the labor market and other related                 Legal Authority: 8 USC 1182(a)(5)(A)


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                             Federal Register / Vol. 71, No. 78 / Monday, April 24, 2006 / Unified Agenda                                                   22911

     DOL—ETA                                                                                                                                 Final Rule Stage


     CFR Citation: 20 CFR 656                                category - the H-1B1 visa. Congress                    1933. FEDERAL–STATE
     Legal Deadline: None                                    created the new visa category as part                  UNEMPLOYMENT COMPENSATION
                                                             of its approval of the Chile-United                    PROGRAM; ELIGIBILITY
     Abstract: To reduce an existing backlog                 States Free Trade Agreement and the
     in pending applications for permanent                                                                          Priority: Other Significant
                                                             Singapore-United States Free Trade
     employment certification, the                                                                                  Legal Authority: 42 USC 503(a)(5); 26
                                                             Agreement. Under the implementing
     amendment allowed the National                                                                                 USC 3304(a)(4)
                                                             legislation, DOL’s responsibilities
     Certifying Officer to transfer to a                                                                            CFR Citation: 20 CFR 604 (New)
                                                             regarding H-1B1 visas are to be
     centralized ETA processing center(s)
     applications that were awaiting                         implemented in a manner similar to the                 Legal Deadline: None
     processing by State Workforce Agencies                  existing H-1B program for temporary                    Abstract: Federal Unemployment
     (SWA’s) or ETA Regional Offices. The                    employment in specialty occupations                    Compensation (UC) law is inherently
     interim final rule sought comments on                   and as fashion models. Under the                       based on wage insurance principles.
     the backlog reduction measures, and                     regulatory procedures established by                   The regulation would interpret and
     took effect 30 days after publication.                  the Interim Final Rule, employers in                   apply these principles, thereby
                                                             the United States seeking to                           establishing minimum standards that
     Timetable:
                                                             temporarily employ foreign                             states will be required to meet if their
     Action                      Date         FR Cite        professionals in specialty occupations                 employers are to continue to receive
     Interim Final Rule       07/21/04 69 FR 43716           through H-1B1 visas must file a labor                  credit against the Federal
     Interim Final Rule       08/20/04                       condition application with the                         unemployment tax and if the state is
        Comment Period                                       Department of Labor making the same                    to continue to receive UC
        End                                                  attestations regarding payment of                      administrative grants.
     Interim Final Rule       08/20/04                       prevailing wages, working conditions,                  Timetable:
        Effective                                            absence of strikes or lockouts, and
     Final Action             10/00/06                                                                              Action                    Date        FR Cite
                                                             notice to other employees that
     Regulatory Flexibility Analysis                         employers currently make when                          NPRM                    07/22/05 70 FR 42474
     Required: No                                            seeking entry of a foreign worker under                NPRM Comment            09/20/05
                                                             the H-1B program. This Final Rule                        Period End
     Small Entities Affected: No                                                                                    Final Action            07/00/06
                                                             addresses the comments submitted
     Government Levels Affected: None                        through the Interim Final Rule process                 Regulatory Flexibility Analysis
     Agency Contact: John R. Beverly III,                    and makes one technical amendment to                   Required: No
     Administrator, Office of Foreign Labor                  be consistent with the Final Rule                      Small Entities Affected: No
     Certification, Department of Labor,                     amending H-1B and H-1B1 at 70 FR
     Employment and Training                                                                                        Government Levels Affected: State
                                                             72556.
     Administration, 200 Constittution                                                                              Federalism: This action may have
     Avenue NW., Room C–4312, FP                             Timetable:                                             federalism implications as defined in
     Building, Washington, DC 20210                          Action                        Date        FR Cite      EO 13132.
     Phone: 202 693–3502                                                                                            Agency Contact: Gerard Hildebrand,
     Email: beverly.john@dol.gov                             Interim Final Rule           11/23/04 69 FR 68222
                                                                                                                    Chief, Division of Legislation,
                                                             Interim Final Rule           11/23/04                  Department of Labor, Employment and
     RIN: 1205–AB37                                             Effective
                                                                                                                    Training Administration, Office of
                                                             Interim Final Rule           01/24/05                  Workforce Security, 200 Constitution
     1932. LABOR CONDITION                                      Comment Period
                                                                                                                    Avenue NW., Room C–4518,
     APPLICATIONS AND REQUIREMENTS                              End
                                                                                                                    Washington, DC 20210
     FOR EMPLOYERS USING                                     Final Rule                   06/00/06
                                                                                                                    Phone: 202 693–3038
     NONIMMIGRANTS ON H–1B VISAS IN                                                                                 Email: hildebrand.gerard@dol.gov
     SPECIALTY OCCUPATIONS AND AS                            Regulatory Flexibility Analysis
     FASHION MODELS; LABOR                                   Required: No                                           RIN: 1205–AB41
     ATTESTATIONS RE H–1B1 VISAS FOR                         Small Entities Affected: No
     CHILE AND SINGAPORE (SECTION                                                                                   1934. LABOR CONDITIONS
     610 REVIEW)                                             Government Levels Affected: None                       APPLICATIONS FOR E–3 VISAS IN
     Priority: Other Significant                                                                                    SPECIALTY OCCUPATIONS FOR
                                                             Agency Contact: John R. Beverly III,                   AUSTRALIAN NON–IMMIGRANTS
     Legal Authority: 8 USC                                  Administrator, Office of Foreign Labor
     1101(a)(15)(H)(1)(b1) and 1184 (g)(8)(A);               Certification, Department of Labor,                    Priority: Other Significant. Major status
     PL 108–77 sec 402; PL 108–78 sec 402                    Employment and Training                                under 5 USC 801 is undetermined.
     CFR Citation: 20 CFR 655                                Administration, 200 Constittution                      Legal Authority: Not Yet Determined
                                                             Avenue NW., Room C–4312, FP                            CFR Citation: Not Yet Determined
     Legal Deadline: None                                    Building, Washington, DC 20210
     Abstract: The Department of Labor has                                                                          Legal Deadline: None
                                                             Phone: 202 693–3502
     amended its regulations relating to the                 Email: beverly.john@dol.gov                            Abstract: The Emergency Supplemental
     temporary employment of foreign                                                                                Appropriations Act for Defense, the
     professionals to implement procedural                   RIN: 1205–AB38                                         Global War on Terror, and Tsunami
     requirements applicable to a new visa                                                                          Relief, 2005, Public Law 109-13, 119


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     22912                   Federal Register / Vol. 71, No. 78 / Monday, April 24, 2006 / Unified Agenda

     DOL—ETA                                                                                                                                    Final Rule Stage


     Stat. 231 was signed into law May 11,                   Timetable:                                             Agency Contact: John R. Beverly III,
     2005. The Act adds a new treaty visa                    Action                        Date        FR Cite      Administrator, Office of Foreign Labor
     classification for Australian                                                                                  Certification, Department of Labor,
                                                             Interim Final Rule           08/00/06                  Employment and Training
     nonimmigrants coming to the U.S.
     solely to perform services in a specialty               Regulatory Flexibility Analysis                        Administration, 200 Constittution
     occupation. The Department amends                       Required: Undetermined                                 Avenue NW., Room C–4312, FP
     the current H-1B regulation to                                                                                 Building, Washington, DC 20210
                                                             Government Levels Affected:                            Phone: 202 693–3502
     incorporate references and provisions
                                                             Undetermined                                           Email: beverly.john@dol.gov
     for the new E-3 program.
                                                             Federalism: Undetermined                               RIN: 1205–AB43


     Department of Labor (DOL)                                                                                                               Completed Actions
     Employment and Training Administration (ETA)

     1935. ATTESTATIONS BY FACILITIES                        Action                        Date        FR Cite      regulations allowed employers to file
     TEMPORARILY EMPLOYING H–1C                                                                                     labor condition applications (LCA) for
     NONIMMIGRANT ALIENS AS                                  Interim Final Rule 09/21/00                            the H-1B and H-1B1 programs
                                                                Comment Period
     REGISTERED NURSES                                                                                              electronically, by facsimile
                                                                End
     Priority: Other Significant                                                                                    transmission (FAX), and by mail. The
                                                             Interim Final Rule 09/21/00
                                                                Effective                                           Department sought comments on a
     Legal Authority: 29 USC 49 et seq; 8                                                                           proposal that would require employers
     USC 1101(a)(15)(H)(i)(c); 8 USC                         Remove from Agenda 02/17/06
                                                                                                                    to file LCAs electronically, except
     1182(m); 8 USC 1184; PL 106–95, 113                     Regulatory Flexibility Analysis                        employers that could not file LCAs
     Stat. 1312                                              Required: No                                           electronically due to physical
     CFR Citation: 20 CFR 655, subparts L                    Small Entities Affected: No                            impairments would be allowed to
     and M                                                   Government Levels Affected: Federal,                   submit LCAs by mail. The rulemaking
                                                             Local, State                                           also informed employers of changes in
     Legal Deadline: Final, Statutory,
                                                                                                                    address for the submission of LCAs by
     February 11, 2000.                                      Agency Contact: Michael Ginley,                        mail. The Department believes the e-
     Other, Statutory, February 11, 2000,                    Director, Office of Enforcement Policy,                filing process will ensure expeditious
     Interim Final Rule.                                     Department of Labor, 200 Constitution                  processing of H-1B and H-1B1 petitions
     Abstract: The Nursing Relief for                        Avenue NW., FP Building, Room                          and limit the number of potentially
     Disadvantaged Areas Act of 1999 (Pub                    S3510, Washington, DC 20210                            incomplete applications. In addition it
     L. 106-95; November 12, 1999)                           Phone: 202 693–0745                                    will ease the filing burden on
     amended the Immigration and                                                                                    employers. Through e-filing the
     Nationality Act to create a temporary                   John R. Beverly III, Administrator,                    Department will be better able to
     visa program for nonimmigrant aliens                    Office of Foreign Labor Certification,                 capture statistics and analyze H-1B and
     to work as registered nurses for up to                  Department of Labor, Employment and                    H-1B1 program data to identify areas
     three years in facilities serving health                Training Administration, 200                           that need improvement as well as any
     professional shortage areas, subject to                 Constittution Avenue NW., Room                         fraud or abuse that may lead to future
     certain conditions. The NRDAA                           C–4312, FP Building, Washington, DC                    administrative, civil or criminal
     specified that the H-1C visas were                      20210                                                  enforcement actions against H-1B and
     available only during the four-year                     Phone: 202 693–3502                                    H-1B1 employers or alien beneficiaries.
     period beginning on the date that                       Email: beverly.john@dol.gov
                                                                                                                    Timetable:
     interim or final regulations were                       RIN: 1205–AB27
     promulgated. Interim rules became                                                                              Action                       Date        FR Cite
     effective on September 21, 2000 and                                                                            NPRM                       04/01/05 70 FR 16774
                                                             1936. LABOR CONDITION
     the H-1C program sunset on September                                                                           NPRM Comment               05/02/05
                                                             APPLICATIONS FOR EMPLOYERS
     20, 2004. Because health care facilities                                                                         Period End
                                                             USING NONIMMIGRANTS ON H–1B
     cannot sponsor new H-1C visas and no                                                                           Final Action               12/05/05 70 FR 72556
                                                             VISAS IN SPECIALTY OCCUPATIONS
     new H-1C visas can be issued, the                                                                              Final Action Effective     01/04/06
                                                             AND AS FASHION MODELS; FILING
     Department has determined that
                                                             PROCEDURES                                             Regulatory Flexibility Analysis
     continued rulemaking is neither
                                                             Priority: Other Significant                            Required: No
     necessary nor appropriate and
     withdraws this entry from the agenda.                   Legal Authority: 8 USC 1182(n) and                     Government Levels Affected: None
     The Department will remove the H-1C                     1182(t)                                                Agency Contact: John R. Beverly III,
     regulations when there are no valid H-                                                                         Administrator, Office of Foreign Labor
                                                             CFR Citation: 20 CFR 655.720; 20 CFR
     1C visas remaining.                                                                                            Certification, Department of Labor,
                                                             655.730
     Timetable:                                                                                                     Employment and Training
                                                             Legal Deadline: None                                   Administration, 200 Constittution
     Action                      Date         FR Cite
                                                             Abstract: Department of Labor                          Avenue NW., Room C–4312, FP
     Interim Final Rule       08/22/00 65 FR 51137           (hereinafter Department or DOL)                        Building, Washington, DC 20210


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                             Federal Register / Vol. 71, No. 78 / Monday, April 24, 2006 / Unified Agenda                                                   22913

     DOL—ETA                                                                                                                              Completed Actions


     Phone: 202 693–3502
     Email: beverly.john@dol.gov
     RIN: 1205–AB39


     Department of Labor (DOL)                                                                                                                   Prerule Stage
     Employee Benefits Security Administration (EBSA)

     1937. INDEPENDENCE OF                                   Timetable:                                             with the requirements of section 610
     ACCOUNTANT                                              Action                        Date        FR Cite      of the Regulatory Flexibility Act. The
     Priority: Other Significant                                                                                    review will cover the continued need
                                                             Request for                  06/00/06                  for the rule; the nature of complaints
     Unfunded Mandates: Undetermined                           Information                                          or comments received from the public
     Legal Authority: 29 USC 1023(a)(3)(A);                  Regulatory Flexibility Analysis                        concerning the rule; the complexity of
     29 USC 1135                                             Required: No                                           the rule; the extent to which the rule
                                                                                                                    overlaps, duplicates, or conflicts with
     CFR Citation: 29 CFR 2509                               Government Levels Affected: None
                                                                                                                    other Federal rules and, to the extent
     Legal Deadline: None                                    Agency Contact: John J. Canary,                        feasible, with State and local rules; and
     Abstract: EBSA is conducting a review                   Supervisory Pension Law Specialist,                    the extent to which technology,
     of the guidelines applicable to                         Department of Labor, Employee                          economic conditions, or other factors
     determining when a qualified public                     Benefits Security Administration, 200                  have changed in industries affected by
     accountant is independent for purposes                  Constitution Avenue NW., FP Building,                  the rule.
     of auditing and rendering an opinion                    Washington, DC 20210
                                                                                                                    Timetable:
     on the financial information required to                Phone: 202 693–8500
                                                                                                                    Action                    Date        FR Cite
     be included in the annual report of an                  RIN: 1210–AB09
     employee benefit plan for purposes of                                                                          Begin Review            03/01/06
     section 103(a)(3)(A) of ERISA. The                                                                             End Review              12/00/06
     current guidelines, set forth as an                     1938. PLAN ASSETS–PARTICIPANT
                                                             CONTRIBUTIONS REGULATION (610                          Regulatory Flexibility Analysis
     Interpretive Bulletin at 29 CFR section                                                                        Required: Undetermined
     2509.75-9, were adopted in 1975. Given                  REVIEW) (SECTION 610 REVIEW)
     the changes that have taken place with                  Priority: Other Significant. Major status              Government Levels Affected: None
     respect to employee benefit plans and                   under 5 USC 801 is undetermined.                       Federalism: Undetermined
     auditing practices and standards, as                    Unfunded Mandates: Undetermined
     well as changes in the industry, since                                                                         Agency Contact: Rudolph F. Nuissl,
     the issuance of those guidelines, EBSA                  Legal Authority: 29 USC 1135                           Senior Pension Law Specialist,
     is preparing a Request for Information                                                                         Department of Labor, Employee
                                                             CFR Citation: 29 CFR 2510.3–102                        Benefits Security Administration, 200
     that will invite interested persons to
     submit written comments and                             Legal Deadline: None                                   Constitution Avenue NW., FP Building,
     suggestions concerning whether and to                   Abstract: EBSA is conducting a review                  Washington, DC 20210
     what extent the current guidelines                      of the plan assets - participant                       Phone: 202 693–8500
     should be modified.                                     contributions regulation in accordance                 RIN: 1210–AB11


     Department of Labor (DOL)                                                                                                        Proposed Rule Stage
     Employee Benefits Security Administration (EBSA)

     1939. AMENDMENT OF REGULATION                           employee benefit plan constitute ‘‘plan                specified number of days during which
     RELATING TO DEFINITION OF PLAN                          assets’’ for purposes of title I of ERISA              certain monies that a participant pays
     ASSETS—PARTICIPANT                                      and the related prohibited transaction                 to, or has withheld from wages, by an
     CONTRIBUTIONS                                           provisions of the Internal Revenue                     employer for contribution to an
     Priority: Other Significant. Major status               Code. The regulation contains an                       employee benefit plan, would not
     under 5 USC 801 is undetermined.                        amendment to the current regulation                    constitute plan assets for purposes of
                                                             that will establish a safe harbor period               title I of ERISA and the related
     Unfunded Mandates: Undetermined                         of a specified number of business days                 prohibited transaction provisions of the
     Legal Authority: 29 USC 1135                            during which certain monies that a                     Internal Revenue Code. The
                                                             participant pays to, or has withheld by,               amendment is needed to provide
     CFR Citation: 29 CFR 2510.3–102                         an employer for contribution to a plan
                                                                                                                    greater certainty to employers,
     Legal Deadline: None                                    would not constitute ‘‘plan assets.’’
                                                                                                                    participants and beneficiaries, service
     Abstract: This rulemaking will amend                    Statement of Need: This amendment                      providers and others concerning when
     the regulation that defines when                        of the participant contribution                        participant contributions to a plan
     participant monies paid to or withheld                  regulation would, upon adoption,                       constitute plan assets.
     by an employer for contribution to an                   establish a ‘‘safe harbor’’ period of a


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     22914                   Federal Register / Vol. 71, No. 78 / Monday, April 24, 2006 / Unified Agenda

     DOL—EBSA                                                                                                                        Proposed Rule Stage


     Summary of Legal Basis: Section 505                     Avenue NW., Room N5669, FP                             404(c) regulation sets forth the
     of ERISA provides that the Secretary                    Building, Washington, DC 20210                         conditions under which participants
     may prescribe such regulations as she                   Phone: 202 693–8512                                    and beneficiaries are considered to be
     finds necessary and appropriate to                      Fax: 202 219–7291                                      exercising control over the assets in
     carry out the provisions of title I of                  RIN: 1210–AB02                                         their account, thereby relieving plan
     the Act. Regulation 29 CFR 2510.3-102                                                                          fiduciaries from liability for the results
     provides that the assets of an employee                                                                        of the investment decisions of the
     benefit plan covered by title I of ERISA                1940. REVISION OF THE FORM 5500                        participant or beneficiary. The
     include amounts (other than union                       SERIES AND IMPLEMENTING                                regulation conditions relief on
     dues) that a participant or beneficiary                 REGULATIONS                                            participants and beneficiaries being
     pays to an employer, or has withheld                    Priority: Other Significant. Major status              furnished or having access to certain
     from wages by an employer, for                          under 5 USC 801 is undetermined.                       information about their plan and the
     contribution to the plan as of the                                                                             investment options offered thereunder.
     earliest date on which such                             Legal Authority: 29 USC 1135; 29 USC                   This amendment is needed to clarify
     contributions can reasonably be                         1021, 1023, 1024                                       and improve the information currently
     segregated from the employer’s general                  CFR Citation: 29 CFR 2520                              required to be furnished to participants
     assets; the regulation also specifies the                                                                      and beneficiaries.
                                                             Legal Deadline: None
     maximum time period for deposit of                                                                             Timetable:
     such contributions by the employer.                     Abstract: This rulemaking would
                                                             amend and update the regulatory and                    Action                    Date        FR Cite
     Alternatives: Alternatives will be                      related requirements for annual
     considered following a determination of                                                                        NPRM                    08/00/06
                                                             reporting by employer benefit plans in
     the scope and nature of the regulatory                  conjunction with EBSA’s proposal to                    Regulatory Flexibility Analysis
     guidance needed by the public.                          amend the regulations under section                    Required: Undetermined
     Anticipated Cost and Benefits:                          104 to require that such reports be filed              Government Levels Affected: None
     Preliminary estimates of the anticipated                electronically.                                        Agency Contact: Katherine D. Lewis,
     costs and benefits will be developed,                   Timetable:                                             Pension Law Specialist, Department of
     as appropriate, following a                                                                                    Labor, Employee Benefits Security
     determination regarding the alternatives                Action                        Date        FR Cite
                                                                                                                    Administration, 200 Constitution
     to be considered.                                       NPRM                         06/00/06                  Avenue NW., FP Building, Room
     Risks: Failure to provide the safe                      Regulatory Flexibility Analysis                        N–5669, Washington, DC 20210
     harbor that would be afforded by the                    Required: Undetermined                                 Phone: 202 693–8500
     proposed amendment with regard to                                                                              RIN: 1210–AB07
     monies contributed to employee benefit                  Government Levels Affected: None
     plans would deprive employers, other                    Agency Contact: June Solonsky,
     plan fiduciaries, and service providers                 Pension Law Specialist, Department of                  1942. AMENDMENT OF STANDARDS
     of the certainty they need to optimize                  Labor, Employee Benefits Security                      APPLICABLE TO GENERAL
     compliance with the law. Also, any risk                 Administration, 200 Constitution                       STATUTORY EXEMPTION FOR
     of loss or lost earnings resulting from                 Avenue NW., FP Building, Room                          SERVICES
     permitting employers who would                          N–5669, Washington, DC 20210                           Priority: Other Significant. Major status
     otherwise transmit contributions to the                 Phone: 202 693–8500                                    under 5 USC 801 is undetermined.
     plan sooner than the time specified in                  Fax: 202 219–7291
     the safe harbor should be minimal,                                                                             Legal Authority: 29 USC 1108(b)(2); 29
                                                             RIN: 1210–AB06                                         USC 1135
     while the benefits attendant to
     encouraging employers to review and                                                                            CFR Citation: 29 CFR 2550
     modify their systems or practices to                    1941. AMENDMENT OF SECTION
                                                             404(C) REGULATION—DISCLOSURE                           Legal Deadline: None
     take advantage of the safe harbor may
     be significant.                                         Priority: Other Significant. Major status              Abstract: This rulemaking will amend
                                                             under 5 USC 801 is undetermined.                       the regulation setting forth the
     Timetable:                                                                                                     standards applicable to the exemption
     Action                      Date         FR Cite        Legal Authority: 29 USC 1104(c); 29                    under ERISA section 408(b)(2) for
                                                             USC 1135                                               contracting or making a reasonable
     NPRM                     07/00/06
                                                             CFR Citation: 29 CFR 2550                              arrangements with a party in interest
     Regulatory Flexibility Analysis                                                                                for office spaces for services (29 CFR
     Required: Undetermined                                  Legal Deadline: None                                   section 2550.408b-2). This amendment
     Government Levels Affected: None                        Abstract: This rulemaking will amend                   will ensure that plan fiduciaries are
                                                             the regulations governing ERISA                        provided or have access to that
     Federalism: Undetermined                                section 404(c) plans (29 CFR section                   information necessary to a
     Agency Contact: Louis J. Campagna,                      2550.404c-1) to ensure that the                        determination of whether an
     Chief, Division of Fiduciary                            participants and beneficiaries in such                 arrangement for services is
     Interpretations, Office of Regulations                  plans are provided the information they                ‘‘reasonable’’ within the meaning of the
     and Interpretations, Department of                      need, including information about fees                 statutory exemption, as well as the
     Labor, Employee Benefits Security                       and expenses, to make informed                         prudence requirements of ERISA
     Administration, 200 Constitution                        investment decisions. The section                      section 404(a)(1)(B). This regulation is


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                             Federal Register / Vol. 71, No. 78 / Monday, April 24, 2006 / Unified Agenda                                                   22915

     DOL—EBSA                                                                                                                           Proposed Rule Stage


     needed to eliminate the current                         decisions made on behalf of individual                have been made with regard to the
     uncertainty as to what information                      participants and beneficiaries who fail               scope and nature of the regulatory
     relating to services and fees plan                      to give investment direction. This                    guidance that will be necessary to
     fiduciaries must obtain and service                     rulemaking will describe the types of                 provide for default investment options
     providers must furnish for purposes of                  investments that qualify as default                   when a participant in a 401(k) or
     determining whether a contract for                      investments under the safe harbor. As                 similar individual account plan fails to
     services to be rendered to a plan is                    with other investment alternatives                    direct the investment of his or her
     reasonable.                                             available under the plan, fiduciaries                 account.
                                                             will continue to be responsible for the
     Timetable:                                                                                                    Anticipated Cost and Benefits: Costs
                                                             prudent selection and monitoring of
     Action                      Date         FR Cite        qualifying default investment                         and benefits of regulatory alternatives
                                                             alternatives.                                         will be estimated and taken into
     NPRM                     08/00/06
                                                                                                                   account in the development of the
     Regulatory Flexibility Analysis                         Statement of Need: Section 404(c)(1)                  proposed regulation. Intended benefits
     Required: Undetermined                                  of ERISA provides that, where a                       include increases in 401(k) plan
                                                             participant or beneficiary of an                      participation rates, more beneficial
     Government Levels Affected: None                        employee pension benefit plan                         asset allocations of many participants’
     Agency Contact: Kristen Zarenko,                        exercises control over assets in an                   accounts, and attendant improvements
     Pension Law Specialist, Department of                   individual account maintained for him                 in retirement security.
     Labor, Employee Benefits Security                       or her under the plan, the participant
     Administration, 200 Constitution                        or beneficiary is not considered a                    Risks: Failure to provide guidance on
     Avenue NW., FP Building, Room                           fiduciary by reason of his or her                     default investment options for
     N–5669, Washington, DC 20210                            exercise of control and other plan                    individual account plans may result in
     Phone: 202 693–8500                                     fiduciaries are relieved of liability                 diminished retirement savings for the
                                                             under part 4 of title I of ERISA for the              many participants who fail to make an
     RIN: 1210–AB08                                          results of such exercise of control. The              investment election with regard to their
                                                             Department has previously issued                      accounts.
     1943. SECTION 404 REGULATION—                           regulations under section 404(c)(1)
                                                             describing the circumstances in which                 Timetable:
     SAFE HARBOR FOR DEFAULT
     INVESTMENTS                                             404(c)(1) applies to a transaction                    Action                     Date        FR Cite
                                                             involving a participant’s or
     Priority: Other Significant. Major status               beneficiary’s exercise of control over                NPRM                     06/00/06
     under 5 USC 801 is undetermined.                        his or her account. This rulemaking                   Regulatory Flexibility Analysis
     Unfunded Mandates: Undetermined                         would amend those regulations to                      Required: Undetermined
     Legal Authority: 29 USC 1104(c); 29                     respond to a need on the part of plan
                                                             sponsors and fiduciaries for guidance                 Government Levels Affected: None
     USC 1135
                                                             on the selection of default investments               Federalism: Undetermined
     CFR Citation: 29 CFR 2550                               for plan participants who fail to make
     Legal Deadline: None                                    an investment election. Such guidance                 Agency Contact: Erin Sweeney, Senior
                                                             would also improve retirement savings                 Pension Law Specialist, ORI,
     Abstract: This rulemaking would                         for millions of American workers.                     Department of Labor, Employee
     establish a safe harbor under which a                                                                         Benefits Security Administration, 200
     fiduciary of a participant-directed                     Summary of Legal Basis: Promulgation
                                                             of this regulation is authorized by                   Constitution Avenue NW., Rm N5669,
     individual account pension plan will                                                                          FP Building, Washington, DC 20210
     be deemed to have satisfied his or her                  sections 505 and 404(c) of ERISA
                                                                                                                   Phone: 202 693–8500
     fiduciary responsibilities with respect                 Alternatives: Regulatory alternatives
     to investment and asset allocation                      will be developed once determinations                 RIN: 1210–AB10

     Department of Labor (DOL)                                                                                                               Final Rule Stage
     Employee Benefits Security Administration (EBSA)

     1944. HEALTH CARE STANDARDS                             Abstract: The Newborns’ and Mothers’                  final regulatory guidance with regard to
     FOR MOTHERS AND NEWBORNS                                Health Protection Act of 1996                         the provisions of the NMHPA.
                                                             (NMHPA) amended title I of ERISA and
     Priority: Other Significant. Major status                                                                     Timetable:
                                                             the Public Health Service Act with
     under 5 USC 801 is undetermined.
                                                             parallel provisions that protect mothers              Action                     Date        FR Cite
     Unfunded Mandates: Undetermined                         and their newborn children with regard
                                                                                                                   Interim Final Rule       10/27/98 63 FR 57546
                                                             to the length of hospital stays following
     Legal Authority: 29 USC 1027; 29 USC                                                                          Final Action             12/00/06
                                                             the birth of a child. The Departments
     1059; 29 USC 1135; 29 USC 1185; 29
     USC 1191 to 1191c                                       of Labor and Health and Human                         Regulatory Flexibility Analysis
                                                             Services are mutually dependent due to                Required: No
     CFR Citation: 29 CFR 2590.711                           shared interpretive jurisdiction and are
                                                             proceeding concurrently to provide                    Government Levels Affected: None
     Legal Deadline: None


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     22916                   Federal Register / Vol. 71, No. 78 / Monday, April 24, 2006 / Unified Agenda

     DOL—EBSA                                                                                                                                Final Rule Stage


     Agency Contact: Amy Turner, Senior                      regulations clarifying the provisions of               plans and distributing the assets inhibit
     Pension Law Specialist, Department of                   title I of ERISA.                                      financial institutions and others from
     Labor, Employee Benefits Security                       Risks: Failure to provide guidance                     taking on this responsibility. Due to
     Administration, 200 Constitution                        concerning part 7 of ERISA may                         ongoing administrative costs and other
     Avenue NW., FP Building, Washington,                    impede compliance with the law.                        factors, the continued maintenance of
     DC 20210                                                                                                       such plans is often not in the interest
     Phone: 202 693–8335                                     Timetable:                                             of the participants and beneficiaries.
                                                             Action                        Date        FR Cite      This rulemaking will establish a
     RIN: 1210–AA63
                                                                                                                    procedure for a financial institution
                                                             Interim Final Rule           04/08/97 62 FR 16894
                                                                                                                    that holds the assets of such a plan to
                                                             Interim Final Rule           07/07/97
     1945. PROHIBITING DISCRIMINATION                                                                               terminate the plan and distribute its
                                                                Comment Period
     AGAINST PARTICIPANTS AND                                   End                                                 assets to the participants and
     BENEFICIARIES BASED ON HEALTH                           NPRM                         01/08/01 66 FR 1421       beneficiaries. The rulemaking will also
     STATUS                                                  NPRM Comment                 04/09/01                  include standards for determining
                                                                Period End                                          when plans may be terminated
     Priority: Other Significant. Major status                                                                      pursuant to this procedure and for
     under 5 USC 801 is undetermined.                        Second Interim Final         01/08/01 66 FR 1378
                                                                Rule                                                carrying out the functions necessary to
     Legal Authority: 29 USC 1027; 29 USC                    Interim Final Rule           04/09/01                  distribute benefits and shut down plan
     1059; 29 USC 1135; 29 USC 1182; 29                         Comment Period                                      operations.
     USC 1191c; 29 USC 1194                                     End                                                 Summary of Legal Basis: Section 505
                                                             Final Rule                   06/00/06                  of ERISA provides that the Secretary
     CFR Citation: 29 CFR 2590.702
                                                             Regulatory Flexibility Analysis                        may prescribe such regulations as the
     Legal Deadline: None                                    Required: No                                           Secretary finds necessary and
     Abstract: The Health Insurance                          Government Levels Affected:                            appropriate to carry out the provisions
     Portability and Accountability Act of                   Undetermined                                           of title I of the Act. Section 403(d)(1)
     1996 (HIPAA) amended title I of                                                                                provides that, upon termination of such
     ERISA, the Internal Revenue Code, and                   Additional Information: This item has                  a plan, the assets shall be distributed
     the Public Health Service Act with                      been split off from RIN 1210-AA54.                     generally in accordance with the
     parallel provisions to prohibit                         Agency Contact: Amy Turner, Senior                     provisions that apply to defined benefit
     discrimination by a group health plan                   Pension Law Specialist, Department of                  plans, ‘‘except as otherwise provided in
     or a health insurance issuer based on                   Labor, Employee Benefits Security                      regulations of the Secretary.’’ ERISA
     any health status-related factor. The                   Administration, 200 Constitution                       section 3(16)(A) permits the Secretary
     Departments of Labor, the Treasury,                     Avenue NW., FP Building, Washington,                   to issue regulations designating an
     and Health and Human Services are                       DC 20210                                               administrator for a plan where the plan
     mutually dependent due to shared                        Phone: 202 693–8335                                    document makes no designation and
     interpretive jurisdiction and are                       RIN: 1210–AA77                                         the plan sponsor cannot be identified.
     proceeding concurrently to provide                                                                             Alternatives: Alternatives will be
     final regulatory guidance regarding                                                                            considered following a determination of
     these provisions.                                       1946. RULEMAKING RELATING TO
                                                                                                                    the scope and nature of the regulatory
                                                             TERMINATION OF ABANDONED
     Statement of Need: Part 7 of ERISA                                                                             guidance needed by the public.
                                                             INDIVIDUAL ACCOUNT PLANS
     provides that group health plans and                                                                           Anticipated Cost and Benefits:
     health insurance issuers may not                        Priority: Other Significant
                                                                                                                    Preliminary estimates of the anticipated
     establish rules for eligibility (including              Legal Authority: 29 USC 1135; 29 USC                   costs and benefits will be developed,
     continued eligibility) of any individual                1002(16)(A)                                            as appropriate, following a
     to enroll under the terms of the plan                   CFR Citation: 29 CFR 2591                              determination regarding the alternatives
     based on any health status-related                                                                             to be considered.
     factor. Plan sponsors, administrators,                  Legal Deadline: None
                                                                                                                    Risks: Failure to provide guidance in
     and participants need additional                        Abstract: This rulemaking will                         this area will leave the retirement
     guidance from the Department with                       establish a procedure and standards for                benefits of participants and
     regard to how they can fulfill their                    distributing the benefits of individual                beneficiaries in abandoned plans at risk
     respective obligations under these                      account plans that have been                           of being significantly diminished by
     statutory provisions.                                   abandoned by their sponsoring                          ongoing plan administrative expenses,
     Summary of Legal Basis: Section 702                     employers or plan administrators.                      rather than distributed to participants
     of ERISA specifies the respective                       Statement of Need: Thousands of                        and beneficiaries in connection with a
     nondiscrimination requirements for                      individual account plans have, for a                   timely and orderly termination of the
     group health plans and health                           variety of reasons, been abandoned by                  plan.
     insurance issuers. Section 734 of ERISA                 their sponsors, creating problems for                  Timetable:
     provides that the Secretary may                         plan participants, administrators,
     promulgate such regulations as may be                   financial institutions (e.g., banks,                   Action                    Date        FR Cite
     necessary or appropriate to carry out                   insurance companies, mutual funds),                    NPRM                    03/10/05 70 FR 12046
     the provisions of part 7 ERISA. In                      the courts and the Federal Government.                 NPRM Comment            05/09/05
     addition, section 505 of ERISA                          At present, the potential liability and                  Period End
     authorizes the Secretary to issue                       costs attendant to terminating such                    Final Action            05/00/06



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                             Federal Register / Vol. 71, No. 78 / Monday, April 24, 2006 / Unified Agenda                                                   22917

     DOL—EBSA                                                                                                                                Final Rule Stage


     Regulatory Flexibility Analysis                         issue a restatement of the Program in                  1948. ELECTRONIC FILING OF
     Required: Undetermined                                  its entirety and request public comment                ANNUAL REPORTS
     Small Entities Affected: Businesses,                    on the included amendments. EBSA                       Priority: Other Significant
     Organizations                                           believes that the restated Program will
                                                             benefit workers by further encouraging                 Legal Authority: 29 USC 1135; 29 USC
     Government Levels Affected: None                                                                               1024(a)
                                                             the voluntary and timely correction of
     Agency Contact: Jeffrey Turner, Senior                  possible fiduciary breaches of part 4 of               CFR Citation: 29 CFR 2520.104a–2
     Pension Law Specialist, Department of                   title I of ERISA. EBSA also anticipates
     Labor, Employee Benefits Security                                                                              Legal Deadline: None
                                                             that the restated Program will better
     Administration, 200 Constitution                        assist plan officials in understanding                 Abstract: This rulemaking will amend
     Avenue NW., FP Building, Washington,                    the requirements of part 4 of title I of               the regulations under sec. 104(a) of
     DC 20210                                                ERISA and their legal responsibilities                 ERISA setting forth the annual
     Phone: 202 693–8500                                                                                            reporting requirements for employee
                                                             in correcting fiduciary breaches.
     RIN: 1210–AA97                                                                                                 benefit plans to require that such
                                                             Timetable:                                             reports be filed electronically.

     1947. VOLUNTARY FIDUCIARY                               Action                        Date        FR Cite      Timetable:
     CORRECTION PROGRAM                                      Final Action                 04/00/06                  Action                    Date        FR Cite
     Priority: Other Significant                                                                                    NPRM                    08/30/05 70 FR 51542
                                                             Regulatory Flexibility Analysis                        NPRM Comment            10/03/05
     Legal Authority: 29 USC 1132; 29 USC                    Required: No                                             Period End
     1134
                                                                                                                    Final Action            06/00/06
     CFR Citation: 29 CFR 2560                               Small Entities Affected: Businesses
                                                                                                                    Regulatory Flexibility Analysis
     Legal Deadline: None                                    Government Levels Affected: None                       Required: Yes
     Abstract: To encourage and facilitate                                                                          Small Entities Affected: Businesses,
     voluntary correction of certain breaches                Public Compliance Cost: ; Yearly
                                                             Recurring Cost: $210000; Base Year for                 Organizations
     by employee benefit plan fiduciaries of
     their obligations under title I of ERISA,               Dollar Estimates: 2006                                 Government Levels Affected: None
     EBSA previously implemented a                           Agency Contact: Louis J. Campagna,                     Public Compliance Cost: Initial Cost:
     Voluntary Fiduciary Correction                          Chief, Division of Fiduciary                           $23000000; Yearly Recurring Cost:
     Program (the Program). The Program                      Interpretations, Office of Regulations                 $10000000; Base Year for Dollar
     relieves certain plan officials of the                                                                         Estimates: 2007
                                                             and Interpretations, Department of
     possibility of investigation and civil
                                                             Labor, Employee Benefits Security                      Agency Contact: John J Canary,
     action by the Department and the
     imposition of civil penalties to the                    Administration, 200 Constitution                       Supervisory Pension Law Specialist,
     extent that plan officials satisfy the                  Avenue NW., Room N5669, FP                             Department of Labor, Employee
     conditions for correcting breaches                      Building, Washington, DC 20210                         Benefits Security Administration, 200
     described in the Program. EBSA has                      Phone: 202 693–8512                                    Constitution Avenue NW., FP Building,
     decided to amend the Program by                         Fax: 202 219–7291                                      Washington, DC 20210
     covering two additional transactions                                                                           Phone: 202 693–8500
                                                             RIN: 1210–AB03                                         Fax: 202 219–7291
     and by clarifying certain other
     operational requirements. EBSA will                                                                            RIN: 1210–AB04

     Department of Labor (DOL)                                                                                                            Long-Term Actions
     Employee Benefits Security Administration (EBSA)

     1949. ADEQUATE CONSIDERATION                            Timetable:                                             Phone: 202 693–8500
     Priority: Other Significant. Major status               Action                        Date        FR Cite      RIN: 1210–AA15
     under 5 USC 801 is undetermined.
                                                             NPRM                 05/17/88 53 FR 17632
     Unfunded Mandates: Undetermined                         NPRM Comment         07/17/88                          1950. REGULATIONS IMPLEMENTING
     Legal Authority: 29 USC 1002(18); 29                      Period End                                           THE HEALTH CARE ACCESS,
     USC 1135                                                Next Action Undetermined                               PORTABILITY, AND RENEWABILITY
     CFR Citation: 29 CFR 2510                               Regulatory Flexibility Analysis                        PROVISIONS OF THE HEALTH
                                                             Required: Undetermined                                 INSURANCE PORTABILITY AND
     Legal Deadline: None                                                                                           ACCOUNTABILITY ACT OF 1996
     Abstract: The regulation would set                      Government Levels Affected: None
                                                                                                                    Priority: Economically Significant.
     forth standards for determining                         Agency Contact: Morton Klevan,
                                                                                                                    Major under 5 USC 801.
     ‘‘adequate consideration’’ under section                Department of Labor, Employee
     3(18) of ERISA for assets other than                    Benefits Security Administration, 200                  Legal Authority: 29 USC 1027; 29 USC
     securities for which there is a generally               Constitution Avenue NW., FP Building,                  1059; 29 USC 1135; 29 USC 1171 to
     recognized market.                                      Washington, DC 20210                                   1172; 29 USC 1191c


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     22918                   Federal Register / Vol. 71, No. 78 / Monday, April 24, 2006 / Unified Agenda

     DOL—EBSA                                                                                                                             Long-Term Actions


     CFR Citation: 29 CFR 2590                               guidance from the Department with                      Action                       Date        FR Cite
     Legal Deadline: None                                    regard to how they can fulfill their
                                                             respective obligations under these                     Request for                10/25/99 64 FR 57520
     Abstract: The Health Insurance                          statutory provisions.                                    Information
     Portability and Accountability Act of                                                                          Comment Period End         01/25/00
     1996 (HIPAA) amended title I of                         Summary of Legal Basis: Part 7 of                      NPRM                       12/30/04 69 FR 78800
     ERISA, the Internal Revenue Code, and                   ERISA specifies the portability and                    Request for                12/30/04 69 FR 78825
     the Public Health Service Act with                      other requirements for group health                      Information
     parallel provisions designed to improve                 plans and health insurance issuers.                    Final Rule                 12/30/04 69 FR 78720
     health care access, portability and                     Section 734 of ERISA provides that the                 Final Action Effective     02/28/05
     renewability. The Departments of                        Secretary may promulgate such                          Request for                03/30/05
     Labor, the Treasury, and the Health and                 regulations as may be necessary or                       Information/
     Human Services are mutually                             appropriate to carry out the provisions                  Comment Period
     dependent due to shared interpretive                    of part 7 of ERISA. In addition, section                 End
     jurisdiction and are proceeding                         505 of ERISA authorizes the Secretary                  NPRM Comment               03/30/05
                                                             to issue regulations clarifying the                      Period End
     concurrently to provide additional
                                                             provisions of title I of ERISA.                        Final Action               04/00/07
     regulatory guidance regarding these
     provisions.                                             Risks: Failure to provide guidance                     Regulatory Flexibility Analysis
     Statement of Need: In general, the                      concerning part 7 of ERISA may                         Required: No
     health care portability provisions in                   impede compliance with the law.                        Government Levels Affected: None
     part 7 of ERISA provide for increased
                                                             Timetable:                                             Agency Contact: Amy Turner, Senior
     portability and availability of group
                                                             Action                        Date        FR Cite      Pension Law Specialist, Department of
     health coverage through limitations on
                                                                                                                    Labor, Employee Benefits Security
     the imposition of any preexisting                       Interim Final Rule           04/08/97 62 FR 16894      Administration, 200 Constitution
     condition exclusion and special                         Interim Final Rule           06/07/97                  Avenue NW., FP Building, Washington,
     enrollment rights in group health plans                    Effective                                           DC 20210
     after loss of other health coverage or                  Interim Final Rule           07/07/97                  Phone: 202 693–8335
     a life event. Plan sponsors,                               Comment Period
     administrators and participants need                       End                                                 RIN: 1210–AA54


     Department of Labor (DOL)                                                                                                               Completed Actions
     Employee Benefits Security Administration (EBSA)

     1951. PROHIBITED TRANSACTION                            Avenue NW., Room N5649,                                Timetable:
     EXEMPTION PROCEDURES                                    Washington, DC 20210                                   Action                       Date        FR Cite
     Priority: Other Significant                             Phone: 202 693–8540
                                                                                                                    NPRM                       02/04/05 70 FR 6306
     Legal Authority: 29 USC 1135; 29 USC                    RIN: 1210–AA98                                         NPRM Comment               03/07/05
     1108 (a); Reorganization Plan No. 4 or                                                                           Period End
     1978; Secretary of Labor’s Order 1–2003                 1952. ANNUAL FUNDING NOTICE FOR                        Final Action               01/11/06 71 FR 1904
     CFR Citation: 29 CFR 2570.30 to                         MULTIEMPLOYER PLANS                                    Final Action Effective     02/10/06
     2570.52                                                                                                        Regulatory Flexibility Analysis
                                                             Priority: Other Significant
     Legal Deadline: None                                                                                           Required: Yes
                                                             Legal Authority: 29 USC 1021(f); PL                    Small Entities Affected: Organizations
     Abstract: EBSA is considering
                                                             108–218; ERISA sec 101(f); ERISA sec
     amendments to the Exemption                                                                                    Government Levels Affected: None
                                                             505
     Procedure Regulation in lieu of                                                                                Agency Contact: Jeffrey Turner, Senior
     publishing a Request for Information.                   CFR Citation: 29 CFR 2520                              Pension Law Specialist, Department of
     In addition, EBSA is ending the 610                                                                            Labor, Employee Benefits Security
                                                             Legal Deadline: Final, Statutory, April
     review of this regulation.                                                                                     Administration, 200 Constitution
                                                             10, 2005, PL 108–218 sec 103(a).
     Timetable:                                                                                                     Avenue NW., FP Building, Washington,
                                                             Abstract: This regulation implements                   DC 20210
     Action                      Date         FR Cite        the requirements of section 103 of the                 Phone: 202 693–8500
     Begin Review             12/01/03                       Pension Funding Equity Act of 2004,
     End Review               01/26/06                       which amended section 101 of ERISA                     RIN: 1210–AB00
     Regulatory Flexibility Analysis                         by adding a new subsection (f) that
     Required: No                                            requires the administrator of a defined                1953. CIVIL PENALTY FOR FAILURE
                                                             benefit multiemployer plan to provide                  TO PROVIDE SECTION 302 NOTICE
     Government Levels Affected: None                        participants, beneficiaries, and other
     Agency Contact: Brian Buyniski,                         parties with an annual funding notice                  Priority: Substantive, Nonsignificant
     Pension Law Specialist, Department of                   indicating, among other things, whether                Legal Authority: 29 USC 1132(c)(4); PL
     Labor, Employee Benefits Security                       the plan’s funded current liability                    108–218; ERISA sec 502(c)(4); ERISA
     Administration, 200 Constitution                        percentage is at least 100 percent.                    sec 505


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                             Federal Register / Vol. 71, No. 78 / Monday, April 24, 2006 / Unified Agenda                                                   22919

     DOL—EBSA                                                                                                                             Completed Actions


     CFR Citation: 29 CFR 2560                               charge arising from the net experience                 Regulatory Flexibility Analysis
                                                             loss for the first plan year beginning                 Required: No
     Legal Deadline: None
                                                             after December 31, 2001, is available
     Abstract: The Department has decided                    for an eligible multiemployer plan with                Government Levels Affected: None
     to withdraw this regulatory action. The                 respect to plan years beginning after
                                                                                                                    Agency Contact: Jeffrey Turner, Senior
     Department has determined that such                     June 30, 2003, and before July 1, 2005.
                                                             See IRS Notice 2005-40, Q&A’s. The                     Pension Law Specialist, Department of
     action does not appear to be necessary
     given that the statutory timeframe for                  Department will review this matter if                  Labor, Employee Benefits Security
     making elections under section                          noncompliance under Code section                       Administration, 200 Constitution
     412(b)(7)(F) of the Internal Revenue                    412(b)(70)(F) becomes an issue.                        Avenue NW., FP Building, Washington,
     Code is almost over and that very few                                                                          DC 20210
                                                             Timetable:
     plans actually made such an election.                                                                          Phone: 202 693–8500
     The Code section 412(b)(b)(F) election                  Action                        Date        FR Cite
                                                                                                                    RIN: 1210–AB01
     to defer a portion of the amortization                  Withdrawn                    02/15/06


     Department of Labor (DOL)                                                                                                                   Prerule Stage
     Mine Safety and Health Administration (MSHA)

     1954. ∑ EQUIVALENCY EVALUATION                          Administration, 1100 Wilson                            Action                    Date        FR Cite
     OF THE U.S. ENVIRONMENTAL                               Boulevard, Room 2349, Arlington, VA
     PROTECTION AGENCY’S NONROAD                             22209–3939                                             Public Meeting on       02/23/06 71 FR 9299
     DIESEL ENGINE STANDARDS                                 Phone: 202 693–9440                                      3/13/06
                                                             Fax: 202 693–9441                                      Review Comments         06/00/06
     Priority: Other Significant
                                                             Email: psilvey@msha.gov                                Regulatory Flexibility Analysis
     Legal Authority: 30 USC 957                                                                                    Required: No
                                                             RIN: 1219–AB43
     CFR Citation: 30 CFR 7                                                                                         Small Entities Affected: Businesses
     Legal Deadline: None
                                                             1955. ∑ UNDERGROUND MINE                               Government Levels Affected: None
     Abstract: This notice announces our                     RESCUE EQUIPMENT AND
     intention to review the U.S.                                                                                   Agency Contact: Patricia W. Silvey,
                                                             TECHNOLOGY                                             Acting Director, Office of Standards,
     Environmental Protection Agency’s
     (EPA) standards for nonroad diesel                      Priority: Other Significant                            Regulations, and Variances, Department
     engines. The review will determine if                                                                          of Labor, Mine Safety and Health
                                                             Legal Authority: 30 USC 811                            Administration, 1100 Wilson
     certain EPA requirements in 40 CFR
     part 189, Control of Emissions From                     CFR Citation: Not Yet Determined                       Boulevard, Room 2349, Arlington, VA
     New and In-Use Nonroad Compression-                                                                            22209–3939
                                                             Legal Deadline: None
     Ignition Engines, provide, or can be                                                                           Phone: 202 693–9440
     modified to provide, at least the same                  Abstract: The Mine Safety and Health                   Fax: 202 693–9441
     degree of protection as our existing                    Administration is requesting data,                     Email: psilvey@msha.gov
     applicable requirements in 30 CFR part                  comments, and other information on
                                                                                                                    RIN: 1219–AB44
     7, subpart E-Diesel Engines Intended                    issues relevant to underground mine
     for Use in Underground Coal Mines.                      rescue equipment and technology. Over
     This review is limited to the testing of                the last several years, improvements                   1956. ∑ PROXIMITY DETECTION
     Category B diesel engines as defined in                 have been made to communication                        SYSTEM FOR CONTINUOUS MINING
     30 CFR 7.82, Definitions.                               devices, sensors, and other forms of                   MACHINES
                                                             technology in general industry. As                     Priority: Substantive, Nonsignificant.
     Timetable:                                              such, continuous development and                       Major status under 5 USC 801 is
     Action                      Date         FR Cite        deployment of mine rescue equipment                    undetermined.
                                                             and technology are crucial to enhancing
     Notice of Intent to      03/28/06 71 FR 15358                                                                  Legal Authority: 30 USC 811
                                                             the effectiveness of mine rescue
       review the U.S.
       Environmental                                         operations and improving miners’                       CFR Citation: Not Yet Determined
       Protection Agency                                     survivability in the event of a mine
       Title                                                 emergency. Responses to this request                   Legal Deadline: None
     End of Comment           05/30/06                       for information will assist the Agency                 Abstract: The ANPRM would seek
       Period                                                in determining an appropriate course of                information relative to the use of a
     Regulatory Flexibility Analysis                         action as necessary to improve mine                    proximity detection system to address
     Required: No                                            rescue capabilities.                                   crushing and pinning hazards
                                                             Timetable:                                             associated with the operation of remote
     Government Levels Affected: None                                                                               control continuous mining machines.
     Agency Contact: Patricia W. Silvey,                     Action                        Date        FR Cite      Currently, there are no existing 30 CFR
     Acting Director, Office of Standards,                   RFI                          01/25/06 71 FR 4224       regulations that mandate the use of a
     Regulations, and Variances, Department                  RFI Comment Period           03/27/06                  proximity detection system on these
     of Labor, Mine Safety and Health                         End                                                   machines.


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     22920                   Federal Register / Vol. 71, No. 78 / Monday, April 24, 2006 / Unified Agenda

     DOL—MSHA                                                                                                                                    Prerule Stage


     Timetable:                                              Small Entities Affected: Businesses                    Administration, 1100 Wilson
     Action                      Date         FR Cite
                                                                                                                    Boulevard, Room 2349, Arlington, VA
                                                             Government Levels Affected: None                       22209–3939
     Request for              09/00/06                                                                              Phone: 202 693–9440
       Information                                           Agency Contact: Patricia W. Silvey,
                                                             Acting Director, Office of Standards,                  Fax: 202 693–9441
     Regulatory Flexibility Analysis                         Regulations, and Variances, Department                 Email: psilvey@msha.gov
     Required: No                                            of Labor, Mine Safety and Health                       RIN: 1219–AB49


     Department of Labor (DOL)                                                                                                        Proposed Rule Stage
     Mine Safety and Health Administration (MSHA)

     1957. HIGH–VOLTAGE CONTINUOUS                           Regulations, and Variances, Department                 Regulations, and Variances, Department
     MINING MACHINE STANDARD FOR                             of Labor, Mine Safety and Health                       of Labor, Mine Safety and Health
     UNDERGROUND COAL MINES                                  Administration, 1100 Wilson                            Administration, 1100 Wilson
     Priority: Other Significant                             Boulevard, Room 2349, Arlington, VA                    Boulevard, Room 2349, Arlington, VA
                                                             22209–3939                                             22209–3939
     Legal Authority: 30 USC 811; 30 USC                     Phone: 202 693–9440                                    Phone: 202 693–9440
     957; 30 USC 961                                         Fax: 202 693–9441                                      Fax: 202 693–9441
     CFR Citation: 30 CFR 18; 30 CFR 75                      Email: psilvey@msha.gov                                Email: psilvey@msha.gov
     Legal Deadline: None                                    RIN: 1219–AB34                                         RIN: 1219–AB37
     Abstract: Our July 16, 2004 NPRM (69
     FR 42812) proposed to establish design                  1958. REVISING ELECTRICAL                              1959. FIELD MODIFICATIONS OF
     requirements for approval of high-                      PRODUCT APPROVAL REGULATIONS                           PERMISSIBLE MOBILE
     voltage continuous mining machines                      Priority: Other Significant                            DIESEL–POWERED EQUIPMENT
     operating where miners work in
     underground coal mines. The rule also                   Legal Authority: 30 USC 957                            Priority: Other Significant
     proposed to establish new mandatory                     CFR Citation: 30 CFR 7, 17, 18, 22,                    Legal Authority: 30 USC 957; 30 USC
     electrical safety standards for the                     23, and 27                                             961
     installation, use, and maintenance of                   Legal Deadline: None                                   CFR Citation: 30 CFR 36
     the high-voltage continuous mining
     machines.                                               Abstract: Part 18 of 30 CFR, entitled                  Legal Deadline: None
                                                             ‘‘Electric Motor-Driven Mine                           Abstract: The Mine Safety and Health
     This supplemental NPRM proposes and                     Equipment and Accessories,’’ sets out
     requests comments on two issues that                                                                           Administration is proposing to add
                                                             the requirements to obtain MSHA                        field modification provisions to part 36
     arose from oral and written comments                    approval of electrically operated
     that MSHA received during the hearing                                                                          - Approval requirements for permissible
                                                             machines and accessories intended for
     and post-hearing comment period on                                                                             mobile diesel-powered transportation
                                                             use in underground gassy mines, as
     the NPRM.                                                                                                      equipment. Field modifications allow
                                                             well as other related matters, such as
                                                                                                                    permissible equipment to be modified
     These issues involve: 1) types of                       approval procedures, certification of
                                                                                                                    for mine-specific use or to comply with
     trailing cables that can be used with                   components, and acceptance of flame-
                                                                                                                    new diesel standards. The
     high-voltage continuous mining                          resistant hoses and conveyor belts.
                                                                                                                    implementation of diesel regulations in
     machines; and 2) a requirement to use                   Aside from minor modifications, part
                                                                                                                    30 CFR parts 7, 36, 57, 72, and 75 has
     high-voltage insulating gloves or other                 18 has been largely unchanged since
                                                                                                                    resulted in an increase in requests from
     personal protective equipment when                      it was promulgated in 1968. This
                                                             update of part 18 is intended to                       owners of approved equipment,
     handling energized high-voltage trailing                                                                       typically underground mine operators,
     cables.                                                 improve the efficiency of the approval
                                                             process, recognize new technology, add                 to field modify permissible diesel-
     Timetable:                                                                                                     powered equipment. This proposed
                                                             quality assurance provisions, and
     Action                      Date         FR Cite        address existing policies through the                  rule would codify the field
                                                             rulemaking process. The proposed rule                  modification process for part 36 field
     NPRM                     07/16/04 69 FR 42812                                                                  modification acceptances, expand the
     NPRM Comment             08/23/04 69 FR 51784           would also reorganize portions of the
                                                             approval regulations.                                  field modification process to allow
       Period End
                                                                                                                    mine operators as defined in the
     Second NPRM              03/28/06 71 FR 15359           Timetable:                                             Federal Mine Safety and Health Act
     Second NPRM              05/30/06
                                                             Action                        Date        FR Cite      1977 to apply for field modifications,
       Comment Period
       End                                                   NPRM                         11/00/06
                                                                                                                    and continue to ensure that field-
                                                                                                                    modified equipment operates safely in
     Regulatory Flexibility Analysis                         Regulatory Flexibility Analysis                        gassy underground mines.
     Required: No                                            Required: No
                                                                                                                    The proposed rule would implement
     Government Levels Affected: None                        Government Levels Affected: None                       existing policy which dates from 1985
     Agency Contact: Patricia W. Silvey,                     Agency Contact: Patricia W. Silvey,                    to reflect current procedures for
     Acting Director, Office of Standards,                   Acting Director, Office of Standards,                  processing field modifications related


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                             Federal Register / Vol. 71, No. 78 / Monday, April 24, 2006 / Unified Agenda                                                   22921

     DOL—MSHA                                                                                                                        Proposed Rule Stage


     to mobile diesel-powered transportation                 Abstract: MSHA is considering                          CFR Citation: 30 CFR 100
     equipment. Also, the proposed rule                      rulemaking to address the risks and
     would require that labeling provisions                  hazards to miner safety from the use                   Legal Deadline: None
     be applied to all new field                             of or impairment from alcohol and
                                                                                                                    Abstract: MSHA will initiate
     modifications accepted under part 36.                   drugs on mine property.
                                                                                                                    rulemaking to revise the process for
     These new provisions would enhance                      Timetable:                                             assessing proposed civil monetary
     miner safety.
                                                             Action                        Date        FR Cite      penalties and to increase the amounts
     Timetable:                                                                                                     of the proposed penalties. Updating
                                                             ANPRM                        10/04/05 70 FR 57808
     Action                      Date         FR Cite        ANPRM Comment                11/27/05                  these regulations will strengthen
                                                              Period End                                            incentives for compliance.
     NPRM                     08/00/06
                                                             NPRM                         01/00/07
     Regulatory Flexibility Analysis                                                                                Timetable:
     Required: No                                            Regulatory Flexibility Analysis
                                                             Required: No                                           Action                    Date        FR Cite
     Small Entities Affected: No
                                                             Small Entities Affected: Businesses,                   NPRM                    08/00/06
     Government Levels Affected: None                        Governmental Jurisdictions
                                                                                                                    Regulatory Flexibility Analysis
     Agency Contact: Patricia W. Silvey,                     Government Levels Affected: Local                      Required: Undetermined
     Acting Director, Office of Standards,                   Agency Contact: Patricia W. Silvey,
     Regulations, and Variances, Department                  Acting Director, Office of Standards,                  Small Entities Affected: Businesses
     of Labor, Mine Safety and Health                        Regulations, and Variances, Department
     Administration, 1100 Wilson                                                                                    Government Levels Affected:
                                                             of Labor, Mine Safety and Health
     Boulevard, Room 2349, Arlington, VA                     Administration, 1100 Wilson                            Undetermined
     22209–3939                                              Boulevard, Room 2349, Arlington, VA                    Agency Contact: Patricia W. Silvey,
     Phone: 202 693–9440                                     22209–3939                                             Acting Director, Office of Standards,
     Fax: 202 693–9441                                       Phone: 202 693–9440
     Email: psilvey@msha.gov                                                                                        Regulations, and Variances, Department
                                                             Fax: 202 693–9441
                                                                                                                    of Labor, Mine Safety and Health
     RIN: 1219–AB39                                          Email: psilvey@msha.gov
                                                                                                                    Administration, 1100 Wilson
                                                             RIN: 1219–AB41                                         Boulevard, Room 2349, Arlington, VA
     1960. USE OF OR IMPAIRMENT FROM                                                                                22209–3939
     ALCOHOL AND OTHER DRUGS ON                              1961. ∑ CRITERIA AND PROCEDURES                        Phone: 202 693–9440
     MINE PROPERTY                                           FOR PROPOSED ASSESSMENT OF                             Fax: 202 693–9441
     Priority: Other Significant                             CIVIL PENALTIES                                        Email: psilvey@msha.gov
                                                             Priority: Other Significant. Major under               RIN: 1219–AB51
     Legal Authority: Not Yet Determined
                                                             5 USC 801.
     CFR Citation: Not Yet Determined                        Legal Authority: 30 USC 815; 30 US
     Legal Deadline: None                                    820; 30 USC 957

     Department of Labor (DOL)                                                                                                               Final Rule Stage
     Mine Safety and Health Administration (MSHA)

     1962. ASBESTOS EXPOSURE LIMIT                           miners developing asbestos-induced                     of air). In 1969, the Bureau
     Priority: Other Significant                             occupational disease. A report by the                  promulgated a 2 mppcf and 12
                                                             Office of the Inspector General (OIG)                  fibers/ml standard. In 1970, the Bureau
     Legal Authority: 30 USC 811; 30 USC                     recommended that MSHA lower its                        proposed to lower the standard to 5
     813                                                     existing PEL for asbestos to a more                    fibers/ml, which was promulgated in
     CFR Citation: 30 CFR 56; 30 CFR 57;                     protective level, and address take-home                1974. MSHA issued its current standard
     30 CFR 71                                               contamination from asbestos. It also                   of 2 fibers/ml in 1976 for coal mining
                                                             recommended that MSHA use                              (41 FR 10223) and 1978 for metal and
     Legal Deadline: None
                                                             Transmission Electron Microscopy to                    nonmetal mining (43 FR 54064). During
     Abstract: MSHA’s permissible                            analyze fiber samples that may contain                 inspections, MSHA routinely takes
     exposure limit (PEL) for asbestos                       asbestos.                                              samples, which are analyzed for
     applies to surface (30 CFR part 56) and                                                                        compliance with its standard.
     underground (30 CFR part 57) metal                      Statement of Need: Current scientific
     and nonmetal mines and to surface coal                  data indicate that MSHA’s existing                     Other Federal agencies have addressed
     mines and surface areas of underground                  asbestos PEL is not sufficiently                       this issue by lowering their PEL for
     coal mines (30 CFR part 71) and is over                 protective of miners’ health. MSHA’s                   asbestos. For example, the
     20 years old. MSHA proposed a rule                      asbestos regulations date to 1967 and                  Occupational Safety and Health
     to lower its permissible exposure limits                are based on the Bureau of Mines                       Administration, working in conjunction
     (PEL) to the limits OSHA promulgated                    (MSHA’s predecessor) standard of 5                     with the Environmental Protection
     in 1994 in order to reduce the risk of                  mppcf (million particles per cubic foot                Agency, enacted a revised asbestos


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     22922                   Federal Register / Vol. 71, No. 78 / Monday, April 24, 2006 / Unified Agenda

     DOL—MSHA                                                                                                                                Final Rule Stage


     standard in 1994 that lowered the                       Action                        Date        FR Cite      FR 60199) to obtain additional
     permissible exposure limit to an 8-hour                                                                        information and published a notice of
     time-weighted average limit of 0.1 fiber                NPRM Comment                 09/20/05 70 FR 43950      proposed rulemaking (NPRM) in
     per cubic centimeter of air and the                       Period End                                           August 2003 (68 FR 48668). MSHA
     excursion limit to 1.0 fiber per cubic                  Public Hearing               10/18/05 70 FR 43950      issued a final rule on June 6, 2005(70
     centimeter of air (1 f/cc) as averaged                  Final Action                 10/00/06                  FR 32868) that revises MSHA’s existing
     over a sampling period of thirty (30)                   Regulatory Flexibility Analysis                        standards addressing diesel particulate
     minutes. These lowered limits reflected                 Required: No                                           matter (DPM) exposure in underground
     newer information and studies on the                    Small Entities Affected: Businesses                    metal and nonmetal(M/NM) mines. The
     asbestos-related disease risk to asbestos-                                                                     rule, among other things, changes the
     exposed workers.                                        Government Levels Affected: None                       interim concentration limit measured
                                                             Additional Information: The Office of                  by total carbon(TC) to a comparable
     Summary of Legal Basis: Promulgation
                                                             the Inspector General’s ‘‘Evaluation of                permissible exposure
     of this regulation is authorized by                                                                            limit(PEL)measured by elemental
     section 101 of the Federal Mine Safety                  MSHA’s Handling of Inspections at the
                                                             W.R. Grace & Company Mine in Libby,                    carbon(EC). MSHA is developing a rule
     and Health Act of 1977.                                                                                        to phase in implementation of the final
                                                             Montana,’’ was issued in March 2001.
     Alternatives: The Agency increased                                                                             limit. On September 7, 2005, MSHA
                                                             Agency Contact: Patricia W. Silvey,                    proposed a rule to phase in the final
     sampling efforts in an attempt to
                                                             Acting Director, Office of Standards,                  DPM limit because the agency was
     determine current miners’ exposure
                                                             Regulations, and Variances, Department                 concerned that there may be feasibility
     levels to asbestos. In early 2000, MSHA
     began an intensive sampling effort at                   of Labor, Mine Safety and Health                       issues for some mines to meet the final
                                                             Administration, 1100 Wilson                            limit of 160 micrograms by January 20,
     operations with potential asbestos
     exposure, including taking samples at                   Boulevard, Room 2349, Arlington, VA                    2006. Accordingly, MSHA proposed a
                                                             22209–3939                                             five-year phase-in period and noted our
     existing vermiculite, taconite, talc, and
                                                             Phone: 202 693–9440                                    intent to initiate a separate rulemaking
     selected other mines to determine
                                                             Fax: 202 693–9441                                      to convert the final DPM limit from a
     whether asbestos is present and at what
     levels. While sampling, MSHA staff                      Email: psilvey@msha.gov                                total carbon limit to an elemental
     discussed with miners and mine                          RIN: 1219–AB24                                         carbon limit. We also proposed to
     operators the potential hazards of                                                                             delete the existing provision that
     asbestos and the types of preventive                                                                           restricts newer mines from applying for
                                                             1963. DIESEL PARTICULATE MATTER                        an extension of time for meeting the
     measures that could be implemented to
                                                             EXPOSURE OF UNDERGROUND                                final concentration limit. In addition,
     reduce exposures.
                                                             METAL AND NONMETAL MINERS                              we requested comments and data on an
     MSHA’s proposed rule did not include                    Priority: Other Significant                            appropriate conversion factor for the
     standards to address take-home                                                                                 final DPM limit, technological
     contamination from asbestos nor did                     Legal Authority: 30 USC 811; 30 USC
                                                             813                                                    implementation issues, and the costs
     MSHA propose to change its analytical                                                                          and benefits of the proposed rule. We
     method for asbestos. The final rule will                CFR Citation: 30 CFR 57                                also requested comments on the
     be based, in part, on comments and                                                                             appropriateness of including in a final
                                                             Legal Deadline: None
     testimony to the proposed rule, as well                                                                        rule a provision for medical evaluation
     as MSHA samplng and inspection                          Abstract: On January 19, 2001 MSHA
                                                                                                                    of miners required to wear respiratory
     experience.                                             published a final rule addressing diesel
                                                                                                                    protection and transfer of miners who
                                                             particulate matter (DPM) exposure of
     Anticipated Cost and Benefits: MSHA                                                                            have been determined by a medical
                                                             underground metal and nonmetal
     developed a preliminary regulatory                                                                             professional to be unable to wear a
                                                             miners (66 FR 5706). The final rule
     economic analysis to accompany the                                                                             respirator. Public hearings were held in
                                                             established new health standards for                   January 2006.
     proposed rules.                                         underground metal and nonmetal
     Risks: Miners could be exposed to the                   mines that use equipment powered by                    Statement of Need: As a result of the
     hazards of asbestos during mine                         diesel engines. The rule established an                first partial settlement with the
     operations where the ore body contains                  interim concentration limit of 400                     litigants, MSHA published two
     asbestos. There is also potential for                   micrograms of total carbon per cubic                   documents in the Federal Register on
     exposure at facilities in which installed               meter of air that became applicable July               July 5, 2001. One document delayed
     asbestos-containing material is present.                20, 2002, and a final concentration                    the effective date of 57.5066(b)
     Overexposure to asbestos causes                         limit of 160 micrograms to become                      regarding the tagging provisions of the
     asbestosis, lung cancer, mesothelioma,                  applicable after January 19, 2006.                     maintenance standard; clarified the
     and other forms of cancers.                             Industry challenged the rule and                       effective dates of certain provisions of
                                                             organized labor intervened in the                      the final rule; and gave correction
     Timetable:                                                                                                     amendments (66 FR 35518).
                                                             litigation. Settlement negotiations with
     Action                      Date         FR Cite        the litigants have resulted in further                 The second document was a proposed
     ANPRM                    03/29/02 67 FR 15134           regulatory actions on several                          rule to clarify 57.5066(b)(1) and (b)(2)
     Notice of Change to      04/18/02 67 FR 19140           requirements of the rule. One final rule               of the maintenance standards and to
       Public Meetings                                       was published on February 27, 2002,(67                 add a new paragraph (b)(3) to 57.5067
     ANPRM Comment            06/27/02                       FR 9180). MSHA issued an advance                       regarding the transfer of existing diesel
       Period End                                            notice of proposed rulemaking                          equipment from one underground mine
     NPRM                     07/29/05 70 FR 42950           (ANPRM) on September 25, 2002, (67                     to another underground mine (66 FR


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                             Federal Register / Vol. 71, No. 78 / Monday, April 24, 2006 / Unified Agenda                                                     22923

     DOL—MSHA                                                                                                                                  Final Rule Stage


     35521). The final rule on these issues                  Action                        Date        FR Cite      Regulatory Flexibility Analysis
     was published February 27, 2002, and                                                                           Required: No
     became effective March 29, 2002.                        Limited Reopening of         04/05/04 69 FR 7881
                                                               the Comment                                          Small Entities Affected: Businesses
     As a result of the second partial                         Period End                                           Government Levels Affected: None
     settlement agreement, MSHA proposed                     Final Action                 06/06/05 70 FR 32868
     specific changes to the 2001 DPM final                  Final Action Effective       07/06/05                  Agency Contact: Patricia W. Silvey,
     rule. On September 25, 2002, MSHA                       Second NPRM                  09/07/05 70 FR 53280      Acting Director, Office of Standards,
     published an ANPRM. In response to                      Notice of Public             09/07/05 70 FR 53280      Regulations, and Variances, Department
     commenters, MSHA proposed and                             Hearing                                              of Labor, Mine Safety and Health
     finalized changes only to the interim                   Close of Comment             09/07/05 70 FR 53280      Administration, 1100 Wilson
     DPM standard of 400 micrograms per                        Period                                               Boulevard, Room 2349, Arlington, VA
     cubic meter of air. MSHA also                           Request for Data             09/07/05 70 FR 53280      22209–3939
     committed to proposing a rule to revise                 Comment Period               09/19/05 70 FR 55018      Phone: 202 693–9440
     the final DPM limit of 160 micrograms                     Extended                                             Fax: 202 693–9441
     per cubic meter of air.                                 Change of Public             09/19/05 70 FR 55018      Email: psilvey@msha.gov
                                                               Hearings Dates
                                                             Extension Of                 01/26/06 71 FR 4331
                                                                                                                    RIN: 1219–AB40
     Summary of Legal Basis: Promulgation
     of this regulation is authorized by                       Comment Period
     sections 101 and 103 of the Federal                     Final Action                 05/00/06                  1965. ∑ EVALUATION OF
     Mine Safety and Health Act of 1977.                     Regulatory Flexibility Analysis                        INTERNATIONAL
                                                             Required: Yes                                          ELECTROTECHNICAL COMMISSION’S
     Alternatives: This rulemaking would                                                                            STANDARDS FOR
     amend and improve health protection                     Small Entities Affected: Businesses
                                                                                                                    EXPLOSION–PROOF ENCLOSURES
     from that afforded by the existing                      Government Levels Affected: None
     standard.                                                                                                      Priority: Other Significant
                                                             Agency Contact: Patricia W. Silvey,
                                                             Acting Director, Office of Standards,                  Legal Authority: 30 USC 957
     Anticipated Cost and Benefits:
     MSHA’s preliminary economic analysis                    Regulations, and Variances, Department                 CFR Citation: 30 CFR 6; 30 CFR 7; 30
     indicates that making the changes                       of Labor, Mine Safety and Health                       CFR 18
     under consideration would result in a                   Administration, 1100 Wilson
                                                                                                                    Legal Deadline: None
     net cost savings to the mining industry.                Boulevard, Room 2349, Arlington, VA
                                                             22209–3939                                             Abstract: MSHA reviewed the
     Risks: A number of epidemiological                      Phone: 202 693–9440                                    requirements of the International
     studies have found that exposure to                     Fax: 202 693–9441                                      Electrotechnical Commission’s (IEC)
     diesel exhaust presents potential health                Email: psilvey@msha.gov                                standards for Electrical Apparatus for
     risks to miners. These potential adverse                                                                       Explosive Gas Atmospheres to
     health effects range from headaches and                 RIN: 1219–AB29
                                                                                                                    determine if they are equivalent to
     nausea to respiratory disease and                                                                              MSHA’s applicable product approval
     cancer. In the confined space of the                    1964. FIRE EXTINGUISHERS IN                            requirements or can be modified to
     underground mining environment,                         UNDERGROUND COAL MINES                                 provide at least the same degree of
     occupational exposure to diesel exhaust                                                                        protection as our requirements. This
                                                             Priority: Other Significant
     may present a greater hazard due to                                                                            final rule promulgates MSHA’s
     ventilation limitations and the presence                Legal Authority: 30 USC 811                            equivalency determination for two of
     of other airborne contaminants, such as                 CFR Citation: 30 CFR 75.1100–2                         the IEC’s Standards for Electrical
     toxic mine dusts or mine gases. MSHA                                                                           Apparatus. These two standards, with
                                                             Legal Deadline: None
     believe that the health evidence forms                                                                         specified modifications, will provide
     a reasonable basis for reducing miners’                 Abstract: The fire protection                          the same degree of protection as
     exposure to diesel particulate matter.                  requirement in 30 CFR 75.1100-2(a)(2)                  MSHA’s applicable approval
     Proceeding with rulemaking on the                       requires rock dust and water at the                    requirements for explosion-proof
     provisions discussed above will more                    underground workings at anthracite                     enclosures in 30 CFR parts 7 and 18.
     effectively reduce miners’ exposure to                  coal mines, and (e)(2) requires a fire
     DPM.                                                    extinguisher and rock dust at temporary                Timetable:
                                                             electrical installations. MSHA has                     Action                      Date        FR Cite
     Timetable:                                              granted 101(c) petitions for
                                                                                                                    Final Action              04/00/06
     Action                      Date         FR Cite        modification allowing operators to use
                                                             only fire extinguishers in lieu of rock                Regulatory Flexibility Analysis
     Final Action             02/27/02 67 FR 9180                                                                   Required: No
                                                             dust and other requirements at these
     ANPRM                    09/25/02 67 FR 60199
                                                             two locations. This direct final rule                  Small Entities Affected: No
     ANPRM Comment            11/25/02
                                                             would eliminate the need to file
       Period End                                                                                                   Government Levels Affected: None
                                                             petitions to use this alternative method
     NPRM                     08/14/03 68 FR 48668
                                                             of compliance.                                         Agency Contact: Patricia W. Silvey,
     NPRM Comment             10/14/03
       Period End                                            Timetable:                                             Acting Director, Office of Standards,
     Limited Reopening of     02/20/04 69 FR 7881                                                                   Regulations, and Variances, Department
                                                             Action                        Date        FR Cite
       the Comment                                                                                                  of Labor, Mine Safety and Health
       Period                                                Direct Final Rule            06/00/06                  Administration, 1100 Wilson


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     22924                   Federal Register / Vol. 71, No. 78 / Monday, April 24, 2006 / Unified Agenda

     DOL—MSHA                                                                                                                                Final Rule Stage


     Boulevard, Room 2349, Arlington, VA                     miners are exposed to during                           Action                    Date        FR Cite
     22209–3939                                              underground coal mine accidents and
     Phone: 202 693–9440                                     subsequent evacuations. The recent                     Public Hearing          04/00/06
     Fax: 202 693–9441                                       January 2006 mine accidents and                        Change of Public        03/27/06 71 FR 15028
     Email: psilvey@msha.gov                                 fatalities demonstrate the need for                      Hearing Dates
                                                             MSHA to take additional action that                    Final Action            12/00/06
     RIN: 1219–AB42
                                                             will improve mine operators’ ability to                Regulatory Flexibility Analysis
                                                             respond to mine emergencies. This                      Required: No
     1966. ∑ EMERGENCY MINE                                  emergency temporary standard includes
     EVACUATION                                              requirements for immediate accident                    Small Entities Affected: Businesses
     Priority: Other Significant                             notification; self-contained self-rescuer
                                                                                                                    Government Levels Affected: None
                                                             storage, training, and use; and the
     Legal Authority: 30 USC 811                             installation, use and maintenance of                   Agency Contact: Patricia W. Silvey,
     CFR Citation: 30 CFR 18; 30 CFR 48;                     lifelines in underground mine                          Acting Director, Office of Standards,
     30 CFR 50; 30 CFR 75                                    escapeways.                                            Regulations, and Variances, Department
     Legal Deadline: Final, Statutory,                       Timetable:                                             of Labor, Mine Safety and Health
     December 9, 2006.                                                                                              Administration, 1100 Wilson
                                                             Action                        Date        FR Cite      Boulevard, Room 2349, Arlington, VA
     Abstract: The Mine Safety and Health                    Emergency                    03/09/06 71 FR 12252      22209–3939
     Administration has issued an                             Temporary                                             Phone: 202 693–9440
     emergency temporary standard under                       Standard                                              Fax: 202 693–9441
     section 101(b) of the Federal Mine                      Emergency                    04/10/06                  Email: psilvey@msha.gov
     Safety and Health Act of 1977 in                         Temporary
     response to the grave danger which                       Standard Effective                                    RIN: 1219–AB46

     Department of Labor (DOL)                                                                                                            Long-Term Actions
     Mine Safety and Health Administration (MSHA)

     1967. VERIFICATION OF                                   The use of approved powered air-                       Action                    Date        FR Cite
     UNDERGROUND COAL MINE                                   purifying respirators and/or verifiable
     OPERATORS’ DUST CONTROL PLANS                           administrative controls would have                     Extension of Comment 05/29/03 68 FR 32005
     AND COMPLIANCE SAMPLING FOR                             been allowed as a supplemental means                     Period
     RESPIRABLE DUST                                         of compliance when MSHA had                            NPRM Comment         06/04/03
                                                             determined that all feasible engineering                 Period End
     Priority: Other Significant                                                                                    Extension of Comment 07/03/03 68 FR 39881
                                                             or environmental controls were
     Legal Authority: 30 USC 811; 30 USC                     exhausted.                                               Period
     813; 30 USC 961; 30 USC 957                                                                                    NPRM                   To Be Determined
                                                             Public hearings were held in May 2003,
     CFR Citation: 30 CFR 70; 30 CFR 75;                     and the comment period, originally                     Regulatory Flexibility Analysis
     30 CFR 90                                               scheduled to close on June 4, 2003, was                Required: Undetermined
     Legal Deadline: None                                    extended until July 3, 2003. On June
                                                             24, 2003, MSHA announced that all                      Government Levels Affected: None
     Abstract: Our current standards require
     that all underground coal mine                          work on the final rule would cease and
                                                             the rulemaking record would remain                     Additional Information: This
     operators develop and follow a mine                                                                            rulemaking is related to RIN 1219-AB18
     ventilation plan for each mechanized                    open in order to obtain information
                                                             concerning Personal Dust Monitors                      (Determination of Concentration of
     mining unit that we approve. However,                                                                          Respirable Coal Mine Dust).
     we do not have a requirement that                       being tested by NIOSH. A Federal
     provides for verification of each plan’s                Register notice was published on July                  Agency Contact: Patricia W. Silvey,
     effectiveness under typical mining                      3, 2003, extending the comment period
                                                                                                                    Acting Director, Office of Standards,
     conditions. Consequently, plans may be                  indefinitely.
                                                                                                                    Regulations, and Variances, Department
     implemented by mine operators that                      Timetable:                                             of Labor, Mine Safety and Health
     could be inadequate to control                          Action                        Date        FR Cite      Administration, 1100 Wilson
     respirable dust.                                                                                               Boulevard, Room 2349, Arlington, VA
                                                             NPRM                         07/07/00 65 FR 42122
     In response to comments received on                                                                            22209–3939
                                                             Notice of Hearings;          07/07/00 65 FR 42186
     the July 2000 proposed rule for MSHA                      Close of Record                                      Phone: 202 693–9440
     to withdraw the rule, MSHA published                    Close of Record              08/11/00                  Fax: 202 693–9441
     a new proposed rule on March 6, 2003.                   Extension of Comment         08/11/00 65 FR 49215      Email: psilvey@msha.gov
     The proposed rule would have required                     Period; Close of
     mine operators to verify, through                         Record                                               Related RIN: Related to 1219–AB18
     sampling, the effectiveness of the dust                 NPRM                         03/06/03 68 FR 10784
     control parameters for each mechanized                                                                         RIN: 1219–AB14
                                                             Notice of Public             03/17/03 68 FR 12641
     mining unit specified in the approved                     Hearing; Close of
     mine ventilation plan.                                    Record



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                             Federal Register / Vol. 71, No. 78 / Monday, April 24, 2006 / Unified Agenda                                                   22925

     DOL—MSHA                                                                                                                             Long-Term Actions


     1968. DETERMINATION OF                                  Action                        Date        FR Cite      Legal Deadline: None
     CONCENTRATION OF RESPIRABLE
                                                             Extension of Comment         08/11/00 65 FR 49215      Abstract: Current standards limit
     COAL MINE DUST
                                                               Period                                               exposures to quartz (crystalline silica)
     Priority: Other Significant                             Reopen Record for            03/06/03 68 FR 10940      in respirable dust. The coal mining
     Legal Authority: 30 USC 811                               Comments                                             industry standard is based on the
                                                             Notice of Public             03/17/03 68 FR 12641      formula 10mg/m3 divided by the
     CFR Citation: 30 CFR 72                                   Hearings; Close of                                   percentage of quartz where the quartz
     Legal Deadline: None                                      Record                                               percent is greater than 5.0 percent
                                                             Extension of Comment         05/29/03 68 FR 32005      calculated as an MRE equivalent
     Abstract: The National Institute for
                                                               Period                                               concentration. The metal and nonmetal
     Occupational Safety and Health and the
                                                             Reopen Record                06/04/03                  mining industry standard is based on
     Mine Safety and Health Administration                     Comment Period
     jointly proposed that a single, full-shift                                                                     the 1973 American Conference of
                                                               End
     measurement (single sample) will                                                                               Governmental Industrial Hygienists
                                                             Extension of Comment         08/12/03 68 FR 47886
     accurately represent the atmospheric                      Period; Reopening                                    (ACGIH) Threshold Limit Values
     condition to which a miner is exposed.                    of Record                                            formula: 10 mg/m3 divided by the
     The proposed rule addresses the U.S.                    Reopening of Record;         04/01/03 68 FR 15691      percentage of quartz plus 2.
     Court of Appeals’ concerns raised in                      Correction                                           Overexposure to crystalline silica can
     National Mining Association v.                          NPRM                           To Be Determined        result in some miners developing
     Secretary of Labor, 153 F.3d 1264 (11th                                                                        silicosis which may ultimately be fatal.
                                                             Regulatory Flexibility Analysis                        Both formulas are designed to maintain
     Cir. 1998). MSHA and NIOSH reopened                     Required: Undetermined
     the rulemaking record on March 6,                                                                              exposures to 0.1 mg/m3 (100 ug) of
     2003, to obtain comments on                             Government Levels Affected: None                       silica. The Secretary of Labor’s
     documents added to the rulemaking                       Additional Information: This                           Advisory Committee on the Elimination
     record since the proposed rule was                      rulemaking is related to RIN 1219-AB14                 of Pneumoconiosis Among Coal Mine
     published July 7, 2000. Public hearings                 (Verification of Underground Coal Mine                 Workers made several
     were held in May 2003 and the                           Operators’ Dust Control Plans and                      recommendations related to reducing
     comment period, originally scheduled                    Compliance Sampling for Respirable                     exposure to silica. NIOSH and ACGIH
     to close on June 4, 2003, was extended                  Dust).                                                 recommend a 50ug/ m3 exposure limit
     until July 3, 2003. However, on June                                                                           for respirable crystalline silica. MSHA
                                                             Agency Contact: Patricia W. Silvey,                    is considering several options to reduce
     24, 2003, MSHA announced that all
                                                             Acting Director, Office of Standards,                  miners’ exposure to crystalline silica.
     work on the final rule would cease. On
                                                             Regulations, and Variances, Department
     August 12, 2003, the Agencies                                                                                  Timetable:
                                                             of Labor, Mine Safety and Health
     reopened the rulemaking record and
                                                             Administration, 1100 Wilson                            Action                    Date        FR Cite
     extended the comment period
                                                             Boulevard, Room 2349, Arlington, VA
     indefinitely. MSHA will be                                                                                     Request for                To Be Determined
                                                             22209–3939
     collaborating with NIOSH, miners’                                                                                Information
                                                             Phone: 202 693–9440
     representatives, industry and the
                                                             Fax: 202 693–9441                                      Regulatory Flexibility Analysis
     manufacturer in the in-mine testing of
                                                             Email: psilvey@msha.gov                                Required: Undetermined
     production prototype Personal Dust
     Monitors (PDMs) units. The results of                   Related RIN: Related to 1219–AB14                      Government Levels Affected: None
     the collaborative effort will guide the                 RIN: 1219–AB18
     Agency in determining the                                                                                      Agency Contact: Patricia W. Silvey,
     functionality of these real-time dust                                                                          Acting Director, Office of Standards,
     monitoring devices and need for                         1969. RESPIRABLE CRYSTALLINE                           Regulations, and Variances, Department
     revisions to the coal respirable dust                   SILICA STANDARD                                        of Labor, Mine Safety and Health
     monitoring requirements.                                                                                       Administration, 1100 Wilson
                                                             Priority: Other Significant                            Boulevard, Room 2349, Arlington, VA
     Timetable:                                              Legal Authority: 30 USC 811; 30 USC                    22209–3939
     Action                      Date         FR Cite        813                                                    Phone: 202 693–9440
                                                                                                                    Fax: 202 693–9441
     NPRM                     07/07/00 65 FR 42068           CFR Citation: 30 CFR 56; 30 CFR 57;
                                                                                                                    Email: psilvey@msha.gov
     Notice of Hearings;      07/07/00 65 FR 42185           30 CFR 58; 30 CFR 70; 30 CFR 71; 30
       Close of Record                                       CFR 72; 30 CFR 90                                      RIN: 1219–AB36


     Department of Labor (DOL)                                                                                                            Completed Actions
     Mine Safety and Health Administration (MSHA)

     1970. IMPROVING AND ELIMINATING                         CFR Citation: 30 CFR 1 to 199                          requirements. MSHA have reviewed its
     REGULATIONS                                             Legal Deadline: None                                   current regulations and identified
     Priority: Other Significant                                                                                    provisions that are outdated,
                                                             Abstract: This rulemaking will revise                  redundant, unnecessary, or otherwise
     Legal Authority: 30 USC 811; 30 USC                     text in the CFR to reduce burden or
                                                                                                                    require change. MSHA will be making
     957                                                     duplication, and to streamline


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     22926                    Federal Register / Vol. 71, No. 78 / Monday, April 24, 2006 / Unified Agenda

     DOL—MSHA                                                                                                                             Completed Actions


     these changes through notice and                        Agency Contact: Patricia W. Silvey,                    1972. PART 5—FEES FOR TESTING,
     comment rulemaking where necessary.                     Acting Director, Office of Standards,                  EVALUATION, AND APPROVAL OF
     We will also consider new regulations                   Regulations, and Variances, Department                 MINING PRODUCTS
     that reflect ‘‘best practices’’ in the                  of Labor, Mine Safety and Health                       Priority: Other Significant
     mining industry. MSHA views this                        Administration, 1100 Wilson
     effort to be evolving and ongoing and                   Boulevard, Room 2349, Arlington, VA                    Legal Authority: 30 USC 957
     will continue to accept                                 22209–3939                                             CFR Citation: 30 CFR 5
     recommendations from the public.                        Phone: 202 693–9440
                                                                                                                    Legal Deadline: None
     MSHA published a final rule allowing                    Fax: 202 693–9441
     the use of low-and medium voltage                       Email: psilvey@msha.gov                                Abstract: MSHA published a direct
     diesel-powered electrical generators as                                                                        final rule to amend provisions of 30
                                                             RIN: 1219–AA98
     an alternative means of powering                                                                               CFR part 5, ‘‘Fees for testing,
     electrical equipment.                                                                                          evaluation, and approval of mining
                                                             1971. TRAINING STANDARDS FOR                           products.’’ MSHA has streamlined the
     Timetable:                                              SHAFT AND SLOPE CONSTRUCTION                           manner in which the fee system is
     Action                      Date         FR Cite        WORKERS AT UNDERGROUND                                 administered. This rule updates the
                                                             MINES                                                  existing regulation to reflect these
     NPRM Comment             11/25/02 67 FR 60611
       Period End:
                                                                                                                    changes, including: (1) The existing
                                                             Priority: Other Significant                            rule requires an application fee to offset
       Methane Testing
     NPRM:                    01/22/03 68 FR 2941            Legal Authority: 30 USC 811; 30 USC                    costs of the initial administrative
       Spring–Loaded                                         825                                                    review of the application. Upon
       Locks                                                                                                        approval, this amount is deducted from
                                                             CFR Citation: 30 CFR 48.2; 30 CFR
     Direct Final Rule:       01/22/03 68 FR 2879                                                                   the total fees due. MSHA deemed the
                                                             48.3; 30 CFR 48.8; 30 CFR 48.22; 30
       Spring–Loaded                                                                                                practice to be an unnecessary
       Locks                                                 CFR 48.23; 30 CFR 48.28
                                                                                                                    administrative burden and eliminated
     Withdrawal of Direct     03/07/03 68 FR 10965           Legal Deadline: None                                   the requirement. (2) Most fees are set
       Final Rule:                                                                                                  on an hourly basis; however, the MSHA
       Spring–Loaded                                         Abstract: The final rule removes the
                                                                                                                    Stamped Notification Acceptance
       Locks                                                 training exclusion for shaft and slope
                                                                                                                    Program (SNAP) and Stamped Revision
     NPRM: Sanitary           04/21/03 68 FR 19477           construction workers. Shaft and slope
                                                                                                                    Acceptance (SRA) Program charged
       Toilets                                               construction workers will now receive
                                                                                                                    only a nominal fixed fee for acceptance
     NPRM: Seatbelts          04/21/03 68 FR 19474           training for new miners, training for
                                                                                                                    of certain changes to existing approvals.
     Direct Final Rule:       04/21/03 68 FR 19347           experienced miners, task training, and
                                                                                                                    Each program covered specific types of
       Sanitary Toilets                                      annual refresher training, and hazard
                                                                                                                    products. To streamline this process,
     Direct Final Rule:       04/21/03 68 FR 19344           training. The rule will provide shaft
       Seatbelts                                                                                                    MSHA replaced both programs with the
                                                             and slope construction workers with
     Final Rule: Sanitary     06/23/03 68 FR 37082                                                                  Revised Acceptance Modification
                                                             the same type of safety and health
       Toilets                                                                                                      Program (RAMP), which provided one
                                                             training afforded other miners.
     Final Rule:              06/23/03 68 FR 37077                                                                  process for all types of products. (3)
       Spring–Loaded                                         Timetable:                                             The previous rule required MSHA to
       Locks                                                 Action                        Date        FR Cite      initially research the application and
     Final Rule Effective     06/30/03 68 FR 36913                                                                  provide the applicant with an estimated
       (Confirmation):                                       NPRM                         07/16/04 69 FR 42842      maximum fee prior to beginning the
       Seatbelts                                             Public Hearing               08/24/04                  technical investigation of the product.
     NPRM: Methane            07/07/03 68 FR 40132           Public Hearing               08/26/04                  To expedite the approval process,
       Testing                                               Comment Period End           09/14/04                  MSHA now permits the applicant to
     Final Rule: Methane      07/07/03 68 FR 40132           Final Action                 12/30/05 70 FR 77716      pre-authorize an amount for each
       Testing                                               Final Action Effective       06/28/06                  approval, which in turn allows MSHA
     Final Rule Effective:    07/23/03 68 FR 37082                                                                  to immediately begin the technical
       Sanitary Toilets                                      Regulatory Flexibility Analysis
                                                             Required: No                                           investigation while the fee estimate is
     Final Rule Effective:    08/22/03 68 FR 37077
       Spring–Loaded
                                                                                                                    being processed.
                                                             Small Entities Affected: Businesses
       Locks                                                                                                        Timetable:
     NPRM: Portable           06/25/04 69 FR 35992           Government Levels Affected: None
                                                                                                                    Action                    Date        FR Cite
       Diesel Generator
                                                             Agency Contact: Patricia W. Silvey,
     Notice of Public         08/23/04 69 FR 51784                                                                  NPRM                    08/09/05 70 FR 46345
       Hearing – Diesel
                                                             Acting Director, Office of Standards,
                                                                                                                    Direct Final Rule       08/09/05 70 FR 46336
       Generators                                            Regulations, and Variances, Department
                                                                                                                    NPRM Comment            10/11/05
     NPRM Comment             12/10/04                       of Labor, Mine Safety and Health                         Period End
       Period End                                            Administration, 1100 Wilson                            Direct Final Rule       11/07/05
     Final Action             12/30/05 70 FR 77728           Boulevard, Room 2349, Arlington, VA                      Effective
     Final Action Effective   02/28/06                       22209–3939
                                                             Phone: 202 693–9440                                    Regulatory Flexibility Analysis
     Regulatory Flexibility Analysis                         Fax: 202 693–9441                                      Required: No
     Required: No                                            Email: psilvey@msha.gov                                Small Entities Affected: Businesses
     Government Levels Affected: None                        RIN: 1219–AB35                                         Government Levels Affected: None


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                             Federal Register / Vol. 71, No. 78 / Monday, April 24, 2006 / Unified Agenda                                                   22927

     DOL—MSHA                                                                                                                             Completed Actions


     Agency Contact: Patricia W. Silvey,                     Administration, 1100 Wilson                            Fax: 202 693–9441
     Acting Director, Office of Standards,                   Boulevard, Room 2349, Arlington, VA                    Email: psilvey@msha.gov
     Regulations, and Variances, Department                  22209–3939
     of Labor, Mine Safety and Health                        Phone: 202 693–9440                                    RIN: 1219–AB38


     Department of Labor (DOL)                                                                                                            Long-Term Actions
     Office of the Assistant Secretary for Administration and Management (OASAM)

     1973. IMPLEMENTATION OF THE                             congressional action on the                            277, mandated this change. The
     NONDISCRIMINATION AND EQUAL                             reauthorization of WIA.                                regulation was published as ‘‘interim
     OPPORTUNITY REQUIREMENTS OF                             Timetable:                                             final’’ on May 16, 2000, and is in effect.
     THE WORKFORCE INVESTMENT ACT                                                                                   This is a regulation developed and
     OF 1998                                                 Action                        Date        FR Cite
                                                                                                                    published as a common rule
     Priority: Substantive, Nonsignificant                   Interim Final Rule           11/12/99 64 FR 61692      (Governmentwide). Since its
                                                             Interim Final Rule           12/13/99                  publication, the lead agency (HHS) has
     Legal Authority: 29 USC 2938                               Comment Period
     Workforce Investment Act                                                                                       not approached other Federal agencies
                                                             NPRM                         09/30/03 68 FR 56386      to finalize the regulation. Public
     CFR Citation: 29 CFR 37                                 NPRM Comment                 12/01/03                  comments were submitted to HHS and
                                                                Period End
     Legal Deadline: Final, Statutory,                                                                              to DOL (1 comment received) to be
                                                             Final Rule                     To Be Determined
     August 7, 1999.                                                                                                addressed in the publication of the
                                                             Regulatory Flexibility Analysis                        regulation as final.
     Abstract: The Workforce Investment
                                                             Required: No
     Act of 1998 (WIA) was signed into law                                                                          Timetable:
     by President Clinton on August 7, 1998.                 Government Levels Affected: Local,
     Section 188 of the Act prohibits                        State, Tribal                                          Action                    Date        FR Cite
     discrimination by recipients of                         Agency Contact: Annabelle T.                           Interim Final Rule      03/16/00 65 FR 14405
     financial assistance under title I on the               Lockhart, Director, Civil Rights Center,               Interim Final Rule      04/17/00
     grounds of race, color, national origin,                Department of Labor, Office of the                        Effective
     sex, age, disability, religion, political               Assistant Secretary for Administration                 Interim Final Rule      05/15/00
     affiliation or belief, and for                          and Management, 200 Constitution                          Comment Period
     beneficiaries only, citizenship or                      Avenue NW., FP Building, Washington,                      End
     participation in a WIA title I-financial                DC 20210                                               Final Rule                 To Be Determined
     assisted program or activity. Section                   Phone: 202 693–6500
     188(e) requires that the Secretary of                   TDD Phone: 202 693–6515                                Regulatory Flexibility Analysis
     Labor issue regulations necessary to                    Fax: 202 693–6505                                      Required: No
     implement section 188 not later than                    Email: civilrightscenter@dol.gov
     one year after the date of the enactment                                                                       Small Entities Affected: No
     of WIA. Such regulations are to include                 RIN: 1291–AA29
     standards for determining compliance                                                                           Government Levels Affected: None
     and procedures for enforcement that are                 1974. GRANTS AND AGREEMENTS                            Agency Contact: Daniel P. Murphy,
     consistent with the acts referenced in                                                                         Management Services, Department of
                                                             Priority: Other Significant
     section 188(a)(1), as well as procedures                                                                       Labor, Office of the Assistant Secretary
     to ensure that complaints filed under                   Legal Authority: PL 105–277
                                                                                                                    for Administration and Management,
     section 188 and such acts are processed                 CFR Citation: 29 CFR 95                                200 Constitution Avenue NW., Room
     in a manner that avoids duplication of
                                                             Legal Deadline: None                                   S–1513(B) FP Building, Washington,
     effort. The reauthorization of WIA is
                                                                                                                    DC 20210
     currently under consideration by the                    Abstract: This regulation amends 29
     Congress. It may include amendments                     CFR 95.36, to ensure that all data                     Phone: 202 693–7283
     to the nondiscrimination provisions                     produced under an award will be                        Fax: 202 693–7290
     contained in section 188 that would                     available to the public through the                    Email: oasamregcomments@dol.gov
     directly impact these regulations. This                 procedures established in the Freedom
                                                                                                                    RIN: 1291–AA30
     final rule will be issued after                         of Information Act. Public Law 105-




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     22928                   Federal Register / Vol. 71, No. 78 / Monday, April 24, 2006 / Unified Agenda

     Department of Labor (DOL)                                                                                                                  Prerule Stage
     Occupational Safety and Health Administration (OSHA)

     1975. OCCUPATIONAL EXPOSURE TO                          foundries, industries that have abrasive              the National Conference to Eliminate
     CRYSTALLINE SILICA                                      blasting operations, paint manufacture,               Silicosis, and dissemination of
     Priority: Economically Significant.                     glass and concrete product                            guidance information on its Web site.
     Major under 5 USC 801.                                  manufacture, brick making, china and                  The Agency is currently evaluating
                                                             pottery manufacture, manufacture of                   several options for the scope of the
     Unfunded Mandates: Undetermined                         plumbing fixtures, and many                           rulemaking.
     Legal Authority: 29 USC 655(b); 29                      construction activities including
                                                                                                                   Anticipated Cost and Benefits: The
     USC 657                                                 highway repair, masonry, concrete
                                                                                                                   scope of the proposed rulemaking and
                                                             work, rock drilling, and tuckpointing.
     CFR Citation: 29 CFR 1910; 29 CFR                                                                             estimates of the costs and benefits are
                                                             The seriousness of the health hazards
     1915; 29 CFR 1917; 29 CFR 1918; 29                                                                            still under development.
                                                             associated with silica exposure is
     CFR 1926                                                demonstrated by the fatalities and                    Risks: A detailed risk analysis is under
     Legal Deadline: None                                    disabling illnesses that continue to                  way.
                                                             occur; between 1990 and 1996, 200 to
     Abstract: Crystalline silica is a                                                                             Timetable:
                                                             300 deaths per year are known to have
     significant component of the earth’s                    occurred where silicosis was identified               Action                    Date        FR Cite
     crust, and many workers in a wide                       on death certificates as an underlying
     range of industries are exposed to it,                                                                        Completed SBREFA        12/19/03
                                                             or contributing cause of death. It is                   Report
     usually in the form of respirable quartz                likely that many more cases have
     or, less frequently, cristobalite. Chronic                                                                    Complete Peer           11/00/06
                                                             occurred where silicosis went                           Review of Health
     silicosis is a uniquely occupational                    undetected. In addition, the                            Effects and Risk
     disease resulting from exposure of                      International Agency for Research on                    Assessment
     employees over long periods of time                     Cancer (IARC) has designated
     (10 years or more). Exposure to high                                                                          Regulatory Flexibility Analysis
                                                             crystalline silica as a known human                   Required: Yes
     levels of respirable crystalline silica                 carcinogen. Exposure to crystalline
     causes acute or accelerated forms of                    silica has also been associated with an               Small Entities Affected: Businesses
     silicosis that are ultimately fatal. The                increased risk of developing
     current OSHA permissible exposure                                                                             Government Levels Affected:
                                                             tuberculosis and other nonmalignant                   Undetermined
     limit (PEL) for general industry is based               respiratory diseases, as well as renal
     on a formula recommended by the                         and autoimmune respiratory diseases.                  Agency Contact: Dorothy Dougherty,
     American Conference of Governmental                     Exposure studies and OSHA                             Acting Director, Directorate of
     Industrial Hygienists (ACGIH) in 1971                   enforcement data indicate that some                   Standards and Guidance, Department of
     (PEL=10mg/cubic meter/(% silica + 2),                   workers continue to be exposed to                     Labor, Occupational Safety and Health
     as respirable dust). The current PEL for                levels of crystalline silica far in excess            Administration, 200 Constitution
     construction and maritime (derived                      of current exposure limits. Congress has              Avenue NW., FP Building, Room 3718,
     from ACGIH’s 1962 Threshold Limit                       included compensation of silicosis                    Washington, DC 20210
     Value) is based on particle counting                    victims on Federal nuclear testing sites              Phone: 202 693–1950
     technology, which is considered                         in the Energy Employees’ Occupational                 Fax: 202 693–1678
     obsolete. NIOSH and ACGIH                               Illness Compensation Program Act of                   Email: dougherty.dorothy@dol.gov
     recommend a 50ug/m3 exposure limit                      2000. There is a particular need for the
     for respirable crystalline silica.                                                                            RIN: 1218–AB70
                                                             Agency to modernize its exposure
     Both industry and worker groups have                    limits for construction and maritime,
     recognized that a comprehensive                         and to address some specific issues that              1976. OCCUPATIONAL EXPOSURE TO
     standard for crystalline silica is needed               will need to be resolved to propose a                 BERYLLIUM
     to provide for exposure monitoring,                     comprehensive standard.                               Priority: Economically Significant.
     medical surveillance, and worker                        Summary of Legal Basis: The legal                     Major under 5 USC 801.
     training. The American Society for                      basis for the proposed rule is a
     Testing and Materials (ASTM) has                        preliminary determination that workers                Unfunded Mandates: Undetermined
     published a recommended standard for                    are exposed to a significant risk of                  Legal Authority: 29 USC 655(b); 29
     addressing the hazards of crystalline                   silicosis and other serious disease and               USC 657
     silica. The Building Construction                       that rulemaking is needed to                          CFR Citation: 29 CFR 1910
     Trades Department of the AFL-CIO has                    substantially reduce the risk. In
     also developed a recommended                            addition, the proposed rule will                      Legal Deadline: None
     comprehensive program standard.                         recognize that the PELs for construction              Abstract: In 1999 and 2001, OSHA was
     These standards include provisions for                  and maritime are outdated and need to                 petitioned to issue an emergency
     methods of compliance, exposure                         be revised to reflect current sampling                temporary standard by the Paper
     monitoring, training, and medical                       and analytical technologies.                          Allied-Industrial, Chemical, and Energy
     surveillance.                                           Alternatives: Over the past several                   Workers Union, Public Citizen Health
     Statement of Need: Over two million                     years, the Agency has attempted to                    Research Group and others. The
     workers are exposed to crystalline silica               address this problem through a variety                Agency denied the petitions but stated
     dust in general industry, construction                  of non-regulatory approaches, including               its intent to begin data gathering to
     and maritime industries. Industries that                initiation of a Special Emphasis                      collect needed information on
     could be particularly affected by a                     Program on silica in October 1997,                    beryllium’s toxicity, risks, and patterns
     standard for crystalline silica include:                sponsorship with NIOSH and MSHA of                    of usage.


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                             Federal Register / Vol. 71, No. 78 / Monday, April 24, 2006 / Unified Agenda                                                   22929

     DOL—OSHA                                                                                                                                    Prerule Stage


     On November 26, 2002, OSHA                              consensus standards were developed.                    Fax: 202 693–1689
     published a Request for Information                     Industry consensus standards for                       RIN: 1218–AC01
     (RFI) (67 FR 70707) to solicit                          derricks and for crawler, truck and
     information pertinent to occupational                   locomotive cranes were updated as
     exposure to beryllium including:                        recently as 1995.                                      1978. EXCAVATIONS (SECTION 610
     current exposures to beryllium; the                                                                            REVIEW)
                                                             A cross-section of the industry asked
     relationship between exposure to                        OSHA to update subpart N. OSHA                         Priority: Substantive, Nonsignificant
     beryllium and the development of                        determined that the existing rule needs
     adverse health effects; exposure                                                                               Legal Authority: 29 USC 651 et seq;
                                                             to be revised and established a                        5 USC 610
     assessment and monitoring methods;                      negotiated rulemaking committee to
     exposure control methods; and medical                   develop a draft proposed rule.                         CFR Citation: 29 CFR 1926.650 to
     surveillance. In addition, the Agency                                                                          1926.652
     conducted field surveys of selected                     The negotiated rulemaking committee
                                                                                                                    Legal Deadline: None
     work sites to assess current exposures                  completed 11 meetings since July of
     and control methods being used to                       2003 and in July 2004 submitted a                      Abstract: OSHA has undertaken a
     reduce employee exposures to                            recommended revision of the crane                      review of the Agency’s Excavations
     beryllium. OSHA is using this                           standard to the Assistant Secretary of                 Standard (29 CFR 1926.650 to
     information to develop a proposed rule                  OSHA. OSHA is currently conducting                     1926.652) in accordance with the
     addressing occupational exposure to                     an economic analysis of the draft rule.                requirements of the Regulatory
     beryllium.                                              At the time this Semi-Annual                           Flexibility Act and section 5 of
                                                             Regulatory Agenda went to press, a                     Executive Order 12866. The review is
     Timetable:                                                                                                     considering the continued need for the
                                                             determination had not yet been made
     Action                      Date         FR Cite        as to whether a SBREFA Panel will be                   rule, the impacts of the rule, public
     Request for              11/26/02 67 FR 70707           needed. Should the SBREFA process                      comments on the rule, the complexity
       Information                                           not be needed, as determined by a                      of the rule, and whether the rule
     Complete SBREFA          08/00/06                       regulatory flexibility screening analysis,             overlaps, duplicates, or conflicts with
       Report                                                and not used, a proposed rule would                    other regulations.
     Regulatory Flexibility Analysis                         be the next step. If a SBREFA panel                    Timetable:
     Required: Yes                                           is convened, the next step will be to
                                                             issue a SBREFA Panel Report.                           Action                    Date        FR Cite
     Small Entities Affected: Businesses                                                                            Begin Review            12/01/01
                                                             Timetable:
     Government Levels Affected: None                                                                               Request for             08/21/02 67 FR 54103
                                                             Action                        Date        FR Cite        Comments
     Agency Contact: Dorothy Dougherty,
                                                             Notice of Intent To          07/16/02 67 FR 46612      Comment Period End      11/19/02
     Acting Director, Directorate of
                                                               Establish                                            End Review              09/00/06
     Standards and Guidance, Department of
                                                               Negotiated                                           Regulatory Flexibility Analysis
     Labor, Occupational Safety and Health                     Rulemaking
     Administration, 200 Constitution                                                                               Required: No
                                                             Comment Period End           09/16/02
     Avenue NW., FP Building, Room 3718,                     Request for                  02/27/03 68 FR 9036       Government Levels Affected: None
     Washington, DC 20210                                      Comments on
     Phone: 202 693–1950                                                                                            Agency Contact: John Smith,
                                                               Proposed                                             Directorate of Evaluation and Analysis,
     Fax: 202 693–1678                                         Committee
     Email: dougherty.dorothy@dol.gov                                                                               Department of Labor, Occupational
                                                               Members
                                                                                                                    Safety and Health Administration, 200
     RIN: 1218–AB76                                          Request for Comment          03/31/03 68 FR 9036
                                                               Period End                                           Constitution Avenue NW., FP Building,
                                                             Established                  06/12/03 68 FR 35172      Washington, DC 20210
     1977. CRANES AND DERRICKS                                 Negotiated                                           Phone: 202 693–2225
                                                               Rulemaking                                           Fax: 202 693–1641
     Priority: Other Significant. Major status                 Committee                                            Email: smith.john@dol.gov
     under 5 USC 801 is undetermined.                        Rulemaking                   07/30/04                  RIN: 1218–AC02
     Legal Authority: 29 USC 651(b); 29                        Negotiations
     USC 655(b); 40 USC 333                                    Completed
                                                             SBREFA Panel Report          09/00/06                  1979. EMERGENCY RESPONSE AND
     CFR Citation: 29 CFR 1926
                                                             Regulatory Flexibility Analysis                        PREPAREDNESS
     Legal Deadline: None
                                                             Required: Undetermined                                 Priority: Other Significant. Major status
     Abstract: Subpart N addresses hazards                                                                          under 5 USC 801 is undetermined.
     associated with various types of                        Government Levels Affected:
                                                             Undetermined                                           Unfunded Mandates: Undetermined
     hoisting equipment used at
     construction sites. Such equipment                      Agency Contact: Russell B. Swanson,                    Legal Authority: 29 USC 655(b); 29
     includes cranes and derricks. The                       Director, Directorate of Construction,                 USC 657
     existing rule, which dates back to 1971,                Department of Labor, Occupational                      CFR Citation: 29 CFR 1910
     is based in part on industry consensus                  Safety and Health Administration, 200
     standards from 1958, 1968, and 1969.                    Constitution Avenue NW., FP Building,                  Legal Deadline: None
     There have been considerable                            Washington, DC 20210                                   Abstract: Emergency responder health
     technological changes since those                       Phone: 202 693–2020                                    and safety is currently regulated


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     22930                   Federal Register / Vol. 71, No. 78 / Monday, April 24, 2006 / Unified Agenda

     DOL—OSHA                                                                                                                                   Prerule Stage


     primarily under the following                           Abstract: OSHA will undertake a                       proposed rulemaking (ANPRM) to
     standards: the fire brigade standard (29                review of the Lead in Construction                    solicit input from the public on rules
     CFR 1910.156); hazardous waste                          Standard (29 CFR 1926.62) in                          that may be addressed in Phase III of
     operations and emergency response (29                   accordance with the requirements of                   SIPS. The Agency plans to include both
     CFR 1910.120); the respiratory                          the Regulatory Flexibility Act and                    safety and health topics in Phase III.
     protection standard (29 CFR 1910.134);                  section 5 of Executive Order 12866.                   Timetable:
     the permit-required confined space                      The review will consider the continued
     standard (29 CFR 1910.146); and the                     need for the rule, impacts of the rule                Action                    Date        FR Cite
     bloodborne pathogens standard (29 CFR                   comments on the rule received from the                ANPRM                   06/00/06
     1910.1030). Some of these standards                     public, the complexity of the rule,
                                                                                                                   Regulatory Flexibility Analysis
     were promulgated decades ago and                        whether the rule overlaps, duplicates or
                                                                                                                   Required: Undetermined
     none were designed as comprehensive                     conflicts with other Federal, State or
     emergency response standards.                           local regulations, and the degree to                  Government Levels Affected:
     Consequently, they do not address the                   which technology, economic conditions                 Undetermined
     full range of hazards or concerns                       or other factors may have changed                     Agency Contact: Dorothy Dougherty,
     currently facing emergency responders.                  since the rule was last evaluated.                    Acting Director, Directorate of
     Many do not reflect major changes in                    Timetable:                                            Standards and Guidance, Department of
     performance specifications for                                                                                Labor, Occupational Safety and Health
     protective clothing and equipment.                      Action                       Date        FR Cite
                                                                                                                   Administration, 200 Constitution
     Current OSHA standards also do not                      Begin Review       06/06/05 70 FR 32739               Avenue NW., FP Building, Room 3718,
     reflect all the major developments in                   End Review Comment 09/06/05 70 FR 32739               Washington, DC 20210
     safety and health practices that have                     Period Extended                                     Phone: 202 693–1950
     already been accepted by the                              11/00/2005                                          Fax: 202 693–1678
     emergency response community and                        End Review         12/00/06                           Email: dougherty.dorothy@dol.gov
     incorporated into National Fire                         Regulatory Flexibility Analysis
     Protection Association (NFPA) and                                                                             RIN: 1218–AC19
                                                             Required: No
     American National Standards Institute
     consensus standards. OSHA will be                       Government Levels Affected: None                      1982. HAZARD COMMUNICATION
     collecting information to evaluate what                 Agency Contact: John Smith,
     action the agency should take.                                                                                Priority: Other Significant. Major status
                                                             Directorate of Evaluation and Analysis,               under 5 USC 801 is undetermined.
     Timetable:                                              Department of Labor, Occupational
                                                             Safety and Health Administration, 200                 Legal Authority: 29 USC 655(b); 29
     Action                      Date         FR Cite        Constitution Avenue NW., FP Building,                 USC 657
     Request for              05/00/06                       Washington, DC 20210                                  CFR Citation: 29 CFR 1910.1200; 29
       Information                                           Phone: 202 693–2225                                   CFR 1915.1200; 29 CFR 1917.28; 29
                                                             Fax: 202 693–1641                                     CFR 1918.90; 29 CFR 1926.59; 29 CFR
     Regulatory Flexibility Analysis
                                                             Email: smith.john@dol.gov                             1928.21
     Required: Undetermined
                                                             RIN: 1218–AC18                                        Legal Deadline: None
     Government Levels Affected:
     Undetermined                                                                                                  Abstract: OSHA’s Hazard
                                                             1981. STANDARDS IMPROVEMENT                           Communication Standard (HCS)
     Federalism: Undetermined                                                                                      requires chemical manufacturers and
                                                             Priority: Other Significant
     Agency Contact: Dorothy Dougherty,                                                                            importers to evaluate the hazards of the
     Acting Director, Directorate of                         Legal Authority: 29 USC 655(b)                        chemicals they produce or import, and
     Standards and Guidance, Department of                   CFR Citation: Not Yet Determined                      prepare labels and material safety data
     Labor, Occupational Safety and Health                                                                         sheets to convey the hazards and
     Administration, 200 Constitution                        Legal Deadline: None                                  associated protective measures to users
     Avenue NW., FP Building, Room 3718,                     Abstract: OSHA is continuing its                      of the chemicals. All employers with
     Washington, DC 20210                                    efforts to remove or revise duplicative,              hazardous chemicals in their
     Phone: 202 693–1950                                     unnecessary, and inconsistent safety                  workplaces are required to have a
     Fax: 202 693–1678                                       and health standards. This effort builds              hazard communication program,
     Email: dougherty.dorothy@dol.gov                        upon the success of the Standards                     including labels on containers, material
                                                             Improvement Project (SIPS) Phase I                    safety data sheets, and training for
     RIN: 1218–AC17
                                                             published on June 18, 1998 (63 FR                     employees. Within the United States
                                                             33450) and Phase II published on                      (US), there are other Federal agencies
     1980. LEAD IN CONSTRUCTION                              January 5, 2005 (70 FR 1111). The                     that also have requirements for
     (SECTION 610 REVIEW)                                    Agency believes that such changes can                 classification and labeling of chemicals
                                                             reduce compliance costs and reduce the                at different stages of the life cycle.
     Priority: Substantive, Nonsignificant                   paperwork burden associated with a                    Internationally, there are a number of
     Legal Authority: 29 USC 655(b); 5 USC                   number of its standards. The Agency                   countries that have developed similar
     553; 5 USC 610                                          will only consider such changes if they               laws that require information about
                                                             do not diminish employee protections.                 chemicals to be prepared and
     CFR Citation: 29 CFR 1926.62
                                                             To initiate the project, OSHA will be                 transmitted to affected parties. These
     Legal Deadline: None                                    publishing an advance notice of                       laws vary with regard to the scope of


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                             Federal Register / Vol. 71, No. 78 / Monday, April 24, 2006 / Unified Agenda                                                 22931

     DOL—OSHA                                                                                                                                    Prerule Stage


     substances covered, definitions of                      Labor, Occupational Safety and Health                  1984. ∑ REVISION AND UPDATE OF
     hazards, the specificity of requirements                Administration, 200 Constitution                       STANDARDS FOR POWER PRESSES
     (e.g., specification of a format for                    Avenue NW., FP Building, Room 3718,
     MSDSs), and the use of symbols and                      Washington, DC 20210                                   Priority: Substantive, Nonsignificant.
     pictograms. The inconsistencies                         Phone: 202 693–1950                                    Major status under 5 USC 801 is
     between the various laws are                            Fax: 202 693–1678                                      undetermined.
     substantial enough that different labels                Email: dougherty.dorothy@dol.gov                       Unfunded Mandates: Undetermined
     and safety data sheets must often be
     used for the same product when it is                    RIN: 1218–AC20                                         Legal Authority: 29 USC 655(b); 29
     marketed in different nations.                                                                                 USC 657
     The diverse and sometimes conflicting                   1983. NOTICE ON SUPPLIER’S                             CFR Citation: 29 CFR 1910.217
     national and international requirements                 DECLARATION OF CONFORMITY
     can create confusion among those who                    (SDOC)                                                 Legal Deadline: None
     seek to use hazard information. Labels                  Priority: Info./Admin./Other. Major                    Abstract: The Occupational Safety and
     and safety data sheets may include                      status under 5 USC 801 is                              Health Administration’s (OSHA)
     symbols and hazard statements that are                  undetermined.                                          mechanical power press standard, (29
     unfamiliar to readers or not well                                                                              CFR 1910.217), protects employees
     understood. Containers may be labeled                   Unfunded Mandates: Undetermined                        from injuries that result from working
     with such a large volume of                                                                                    with or around mechanical power
                                                             Legal Authority: 29 USC 655(b)
     information that important statements                                                                          presses through the use of machine
     are not easily recognized. Development                  CFR Citation: 29 CFR 1910                              guards (prevents hands in danger zone)
     of multiple sets of labels and safety                                                                          and through limitations on initiation of
     data sheets is a major compliance                       Legal Deadline: None
                                                                                                                    a press cycle (either two-hand or foot
     burden for chemical manufacturers,                      Abstract: OSHA requests information                    operated). A presence-sensing device
     distributors, and transporters involved                 and comments on a specific proposal                    (PSD), typically a light curtain, initiates
     in international trade. Small businesses                submitted to OSHA to permit the use                    a press cycle only when the system
     may have particular difficulty in coping                of a Supplier’s Declaration of                         indicates that no objects, such as a
     with the complexities and costs                         Conformity (SDoC) as part of, or as an                 hand, are within the hazard zone.
     involved.                                               alternative to, the Nationally                         OSHA adopted the use of presence-
     As a result of this situation, and in                   Recognized Testing Laboratories                        sensing device initiation(PSDI) on
     recognition of the extensive                            (NRTLs) product approval process.                      mechanical power presses believing
     international trade in chemicals, there                 NTRLs are third-party (i.e.,                           that the provision would substantially
     has been a longstanding effort to                       independent) organizations, and many                   protect workers and improve
     harmonize these requirements and                        of OSHA’s workplace standards require                  productivity. However, OSHA required
     develop a system that can be used                       that certain types of equipment be                     ht PSDI systems be validated by an
     around the world. In 2003, the United                   approved (i.e., tested and certified) by               OSHA-certified third party, and no
     Nations adopted the Globally                            an NRTL. Under SDoC, manufacturers                     organization has agreed to validate
     Harmonized System of Classification                     self-approve their products.                           PSDI installations. OSHA performed a
     and Labeling of Chemicals (GHS).                                                                               look back review of PSDI and
                                                             Timetable:                                             determined that the current ANSI
     Countries are now considering adoption
     of the GHS into their national                          Action                        Date        FR Cite      standard permits PSDI without
     regulatory systems. There is an                                                                                independent validation but includes
                                                             Request for                  11/15/05 70 FR 69355
     international goal to have as many                        Information                                          other provisions to maintain PSDI
     countries as possible implement the                     RFI Comment Period           02/13/06                  safety.
     GHS by 2008. OSHA is considering                          End                                                  Based on its completion of the look
     modifying its HCS to make it consistent                 Review Comments              10/00/06                  back review of PSDI (69 FR 31927),
     with the GHS. This would involve                                                                               OSHA is planning to revise and update
     changing the criteria for classifying                   Regulatory Flexibility Analysis
                                                             Required: Undetermined                                 standard on power presses, which
     health and physical hazards, adopting                                                                          currently covers only mechanical
     standardized labeling requirements, and                 Government Levels Affected: None                       power presses. OSHA will base the
     requiring a standardized order of                                                                              revision of the 2001 or later edition of
     information for safety data sheets.                     Agency Contact: Ruth McCully,
                                                             Director, Directorate of Science,                      the American National Standards
     Timetable:                                              Technology, and Medicine, Department                   Institute (ANSI) standard on
     Action                      Date         FR Cite        of Labor, Occupational Safety and                      Mechanical Power Presses, ANSI B11.1.
                                                             Health Administration, 200                             Further, OSHA is considering
     ANPRM                    05/00/06                                                                              expanding the standard to cover other
                                                             Constitution Avenue NW., Room
     Regulatory Flexibility Analysis                         N3653, FP Building, Washington, DC                     presses such as hydraulic and
     Required: Undetermined                                  20210                                                  pneumatic power presses and to
                                                             Phone: 202 693–2300                                    include the latest guarding techniques.
     Government Levels Affected: None                                                                               This revision will provide the first
                                                             Fax: 202 693–1644
     Agency Contact: Dorothy Dougherty,                      Email: mccully.ruth@dol.gov                            major update of the Mechanical Power
     Acting Director, Directorate of                                                                                Presses Standard since it was originally
     Standards and Guidance, Department of                   RIN: 1218–AC21                                         published in 1971.


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     22932                   Federal Register / Vol. 71, No. 78 / Monday, April 24, 2006 / Unified Agenda

     DOL—OSHA                                                                                                                                    Prerule Stage


     Timetable:                                              Government Levels Affected:                            Administration, 200 Constitution
     Action                      Date         FR Cite        Undetermined                                           Avenue NW., FP Building, Room 3718,
                                                             Federalism: Undetermined                               Washington, DC 20210
     ANPRM                    09/00/06                                                                              Phone: 202 693–1950
                                                             Agency Contact: Dorothy Dougherty,                     Fax: 202 693–1678
     Regulatory Flexibility Analysis
                                                             Acting Director, Directorate of                        Email: dougherty.dorothy@dol.gov
     Required: Undetermined
                                                             Standards and Guidance, Department of
     Small Entities Affected: Businesses                     Labor, Occupational Safety and Health                  RIN: 1218–AC22


     Department of Labor (DOL)                                                                                                        Proposed Rule Stage
     Occupational Safety and Health Administration (OSHA)

     1985. CONFINED SPACES IN                                1986. GENERAL WORKING                                  1987. ELECTRIC POWER
     CONSTRUCTION (PART 1926):                               CONDITIONS FOR SHIPYARD                                TRANSMISSION AND DISTRIBUTION;
     PREVENTING SUFFOCATION/                                 EMPLOYMENT                                             ELECTRICAL PROTECTIVE
     EXPLOSIONS IN CONFINED SPACES                                                                                  EQUIPMENT
                                                             Priority: Substantive, Nonsignificant
     Priority: Other Significant. Major status                                                                      Priority: Economically Significant.
     under 5 USC 801 is undetermined.                        Unfunded Mandates: Undetermined                        Major under 5 USC 801.
     Unfunded Mandates: Undetermined                         Legal Authority: 29 USC 655(b); 33
                                                                                                                    Legal Authority: 29 USC 655(b); 40
                                                             USC 941
     Legal Authority: 29 USC 655(b); 40                                                                             USC 333
     USC 333                                                 CFR Citation: 29 CFR 1915 subpart F
                                                                                                                    CFR Citation: 29 CFR 1910.136; 29 CFR
     CFR Citation: 29 CFR 1926.36                            Legal Deadline: None                                   1910.137; 29 CFR 1910.269; 29 CFR
     Legal Deadline: None                                                                                           1926 subpart V; 29 CFR 1926.97
                                                             Abstract: During the 1980s, OSHA
     Abstract: In January 1993, OSHA                         initiated a project to update and                      Legal Deadline: None
     issued a general industry rule to protect               consolidate the various OSHA shipyard
     employees who enter confined spaces                     standards that were applied in the                     Abstract: Electrical hazards are a major
     (29 CFR 1910.146). This standard does                   shipbuilding, ship repair, and                         cause of occupational death in the
     not apply to the construction industry                  shipbreaking industries. Publication of                United States. The annual fatality rate
     because of differences in the nature of                 a proposal addressing general working                  for power line workers is about 50
     the worksite in the construction                        conditions in shipyards is part of this                deaths per 100,000 employees. The
     industry. In discussions with the                       project. The operations addressed in                   construction industry standard
     United Steel Workers of America on a                    this rulemaking relate to general                      addressing the safety of these workers
     settlement agreement for the general                    working conditions such as                             during the construction of electric
     industry standard, OSHA agreed to                       housekeeping, illumination, sanitation,                power transmission and distribution
     issue a proposed rule to extend                         first aid, and lockout/tagout. About                   lines is over 30 years old. OSHA has
     confined-space protection to                            100,000 workers are potentially                        developed a revision of this standard
     construction workers appropriate to                     exposed to these hazards annually.                     that will prevent many of these
     their work environment.                                                                                        fatalities, add flexibility to the
                                                             Timetable:                                             standard, and update and streamline
     Timetable:                                                                                                     the standard. OSHA also intends to
                                                             Action                        Date        FR Cite
     Action                      Date         FR Cite                                                               amend the corresponding standard for
                                                             NPRM                         10/00/06                  general industry so that requirements
     SBREFA Panel Report 11/24/03
                                                             Regulatory Flexibility Analysis                        for work performed during the
     NPRM                10/00/06
                                                             Required: No                                           maintenance of electric power
     Regulatory Flexibility Analysis                                                                                transmission and distribution
     Required: Yes                                           Small Entities Affected: No                            installations are the same as those for
                                                                                                                    similar work in construction. In
     Small Entities Affected: Businesses                     Government Levels Affected: None                       addition, OSHA will be revising a few
     Government Levels Affected:                             Agency Contact: Dorothy Dougherty,                     miscellaneous general industry
     Undetermined                                            Acting Director, Directorate of                        requirements primarily affecting
                                                             Standards and Guidance, Department of                  electric transmission and distribution
     Agency Contact: Russell B. Swanson,
                                                             Labor, Occupational Safety and Health                  work, including provisions on electrical
     Director, Directorate of Construction,
                                                             Administration, 200 Constitution                       protective equipment and foot
     Department of Labor, Occupational
                                                             Avenue NW., FP Building, Room 3718,                    protection. This rulemaking also
     Safety and Health Administration, 200
                                                             Washington, DC 20210                                   addresses fall protection in aerial lifts
     Constitution Avenue NW., FP Building,
                                                             Phone: 202 693–1950                                    for power generation, transmission and
     Washington, DC 20210
                                                             Fax: 202 693–1678                                      distribution work. OSHA published an
     Phone: 202 693–2020
                                                             Email: dougherty.dorothy@dol.gov                       NPRM on June 15, 2005. A public
     Fax: 202 693–1689
                                                                                                                    hearing took place beginning on March
     RIN: 1218–AB47                                          RIN: 1218–AB50                                         6, 2006.


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                             Federal Register / Vol. 71, No. 78 / Monday, April 24, 2006 / Unified Agenda                                                   22933

     DOL—OSHA                                                                                                                        Proposed Rule Stage


     Timetable:                                              for these consensus standards have                     CFR Citation: 29 CFR 1910.109
     Action                      Date         FR Cite        issued updated versions of these
                                                             standards. However, in most cases,                     Legal Deadline: None
     SBREFA Report            06/30/03                       OSHA has not revised its regulations
     NPRM                     06/15/05 70 FR 34821                                                                  Abstract: OSHA is amending 29 CFR
                                                             to reflect later editions of the consensus
     NPRM Comment             10/13/05                                                                              1910.109 that addresses explosives and
                                                             standards. OSHA standards also
       Period End                                                                                                   blasting agents. These OSHA
                                                             continue to incorporate by reference
     Comment Period           10/12/05 70 FR 59290           various consensus standards that are                   regulations were published in 1974,
       Extended to
                                                             now outdated and, in some cases, out                   and many of the provisions do not
       01/11/2006                                                                                                   reflect technological and safety
     Public Hearing to be     10/12/05 70 FR 59290
                                                             of print.
                                                                                                                    advances made by the industry since
       held 03/06/2006                                       The Agency is undertaking a multi-year                 that time. Additionally, the standard
     Post–Hearing             07/14/06                       project to update these standards. A                   contains outdated references and
       Comment Period                                        notice describing the project was
       End                                                                                                          classifications. Two trade associations
                                                             published in the Federal Register on
                                                                                                                    representing many of the employers
     Regulatory Flexibility Analysis                         November 24, 2004 (69 FR 68283). The
                                                                                                                    subject to this rule have petitioned the
     Required: Yes                                           first final rule was published on
                                                             September 13, 2005. Several additional                 Agency to consider revising it, and
     Small Entities Affected: Businesses                                                                            have recommended changes they
                                                             sets of standards are in preparation.
     Government Levels Affected:                                                                                    believe address the concerns they are
     Undetermined                                            Timetable:                                             raising. Initially, OSHA planned to
     Agency Contact: Dorothy Dougherty,                      Action                        Date        FR Cite      revise the pyrotechnics requirements in
     Acting Director, Directorate of                         NPRM                         11/24/04 69 FR 68706      this NPRM. However, based on our
     Standards and Guidance, Department of                   Direct Final Rule            11/24/04 69 FR 68712      work to date, it appears appropriate to
     Labor, Occupational Safety and Health                   NPRM Comment                 12/27/04 69 FR 68706      reserve action on these requirements for
     Administration, 200 Constitution                          Period End                                           a second phase of rulemaking. The
     Avenue NW., FP Building, Room 3718,                     Withdraw Direct Final        02/18/05 70 FR 8290       agency therefore plans to propose
     Washington, DC 20210                                      Rule                                                 revisions to 29 CFR 1910.109 without
     Phone: 202 693–1950                                     Direct Final Rule            02/22/05                  any changes to the existing
     Fax: 202 693–1678                                         Effective Date                                       pyrotechnics requirements, and at a
     Email: dougherty.dorothy@dol.gov                        Final Rule                   09/13/05 70 FR 53925      future date will develop a proposed
                                                             Final Rule Effective         11/14/05                  rule for pyrotechnics revision.
     RIN: 1218–AB67
                                                             NPRM                         09/00/06
                                                             Direct Final Rule            09/00/06                  Timetable:
     1988. UPDATING OSHA STANDARDS                           Regulatory Flexibility Analysis                        Action                    Date        FR Cite
     BASED ON NATIONAL CONSENSUS                             Required: No
     STANDARDS                                                                                                      NPRM                    08/00/06
                                                             Government Levels Affected:
     Priority: Other Significant. Major status               Undetermined                                           Regulatory Flexibility Analysis
     under 5 USC 801 is undetermined.
                                                             Agency Contact: Dorothy Dougherty,                     Required: No
     Legal Authority: 29 USC 655(b)                          Acting Director, Directorate of
     CFR Citation: 29 CFR 1910; 29 CFR                                                                              Government Levels Affected:
                                                             Standards and Guidance, Department of
     1915; 29 CFR 1917; 29 CFR 1918; 29                      Labor, Occupational Safety and Health                  Undetermined
     CFR 1926                                                Administration, 200 Constitution                       Agency Contact: Dorothy Dougherty,
     Legal Deadline: None                                    Avenue NW., FP Building, Room 3718,                    Acting Director, Directorate of
                                                             Washington, DC 20210                                   Standards and Guidance, Department of
     Abstract: Under section 6(a) of the                     Phone: 202 693–1950
     OSH Act, during the first 2 years of                                                                           Labor, Occupational Safety and Health
                                                             Fax: 202 693–1678                                      Administration, 200 Constitution
     the Act, the Agency was directed to                     Email: dougherty.dorothy@dol.gov
     adopt national consensus standards as                                                                          Avenue NW., FP Building, Room 3718,
     OSHA standards. Some of these                           RIN: 1218–AC08                                         Washington, DC 20210
     standards were adopted as regulatory                                                                           Phone: 202 693–1950
     text, while others were incorporated by                 1989. EXPLOSIVES                                       Fax: 202 693–1678
     reference. In the more than 30 years                                                                           Email: dougherty.dorothy@dol.gov
     since these standards were adopted by                   Priority: Other Significant
     OSHA, the organizations responsible                     Legal Authority: 29 USC 655(b)                         RIN: 1218–AC09




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     22934                   Federal Register / Vol. 71, No. 78 / Monday, April 24, 2006 / Unified Agenda

     Department of Labor (DOL)                                                                                                               Final Rule Stage
     Occupational Safety and Health Administration (OSHA)

     1990. ASSIGNED PROTECTION                               about what respirator to select to                     Action                    Date        FR Cite
     FACTORS: AMENDMENTS TO THE                              provide protection against hazardous
     FINAL RULE ON RESPIRATORY                               air contaminants.                                      Post–Hearing            04/29/04
     PROTECTION                                                                                                       Comment Period
                                                             Summary of Legal Basis: The legal                        End
     Priority: Other Significant                             basis for this proposed rule is the                    Post–Hearing Briefs     05/29/04
     Legal Authority: 29 USC 655(b); 29                      determination that assigned protection                   End
     USC 657                                                 factors and maximum use                                Final Action            07/00/06
                                                             concentrations are necessary to                        Regulatory Flexibility Analysis
     CFR Citation: 29 CFR 1910.134                           complete the final Respiratory                         Required: No
     Legal Deadline: None                                    Protection standard and provide the
                                                             full protection under that standard.                   Government Levels Affected: Federal,
     Abstract: In January 1998, OSHA                                                                                Local, State, Tribal
     published the final Respiratory                         Alternatives: OSHA has considered
                                                             allowing the current situation to                      Agency Contact: Dorothy Dougherty,
     Protection standard (29 CFR 1910.134),
                                                             continue. Accordingly, OSHA generally                  Acting Director, Directorate of
     except for reserved provisions on
                                                             enforces NIOSH APFs, but many                          Standards and Guidance, Department of
     assigned protection factors (APFs) and
                                                             employers follow the more recent ANSI                  Labor, Occupational Safety and Health
     maximum use concentrations (MUCs).
                                                             Z88.2-1992 APFs. However, allowing                     Administration, 200 Constitution
     APFs are numbers that describe the
                                                             the situation to continue results in                   Avenue NW., FP Building, Room 3718,
     effectiveness of the various classes of
                                                             inconsistent enforcement, lack of                      Washington, DC 20210
     respirators in reducing employee
                                                             guidance for employers, and the                        Phone: 202 693–1950
     exposure to airborne contaminants
                                                             potential for inadequate employee                      Fax: 202 693–1678
     (including particulates, gases, vapors,
                                                             protection.                                            Email: dougherty.dorothy@dol.gov
     biological agents, etc.). Employers,
     employees, and safety and health                                                                               RIN: 1218–AA05
                                                             Anticipated Cost and Benefits: The
     professionals use APFs to determine                     estimated compliance costs for OSHA’s
     the type of respirator to protect the                   proposed APF rule are $4.6 million.                    1991. LONGSHORING AND MARINE
     health of employees in various                          The APFs proposed in this rulemaking                   TERMINALS (PARTS 1917 AND
     hazardous environments. Maximum use                     help to ensure that the benefits                       1918)—REOPENING OF THE RECORD
     concentrations establish the maximum                    attributed to proper respiratory                       (VERTICAL TANDEM LIFTS (VTLS))
     airborne concentration of a contaminant                 protection under 29 CFR 1910.134 are
     in which a respirator with a given APF                                                                         Priority: Substantive, Nonsignificant.
                                                             achieved, as well as provide an                        Major status under 5 USC 801 is
     may be used.                                            additional degree of protection.                       undetermined.
     Currently, OSHA relies on the APFs                      Risks: The preamble to the final
     developed by NIOSH in the 1980s                                                                                Legal Authority: 29 USC 655(b); 33
                                                             Respiratory Protection rule (63 FR                     USC 941
     unless OSHA has assigned a different                    1270, Jan. 8, 1998) discusses the
     APF in a substance-specific health                      significance of the risks potentially                  CFR Citation: 29 CFR 1918.11; 29 CFR
     standard. However, many employers                       associated with the use of respiratory                 1918.85
     follow the more recent APFs published                   protection. No independent finding of                  Legal Deadline: None
     in an industry consensus standard,                      significant risk has been made for the
     ANSI Z88.2-1992. For some classes of                                                                           Abstract: OSHA issued a final rule on
                                                             APF rulemaking since it only addresses                 Longshoring on July 25, 1997 (62 FR
     respirators, the NIOSH and ANSI APFs                    a single provision of the larger rule.
     vary greatly.                                                                                                  40142). However, in that rule, the
                                                             Timetable:                                             Agency reserved provisions related to
     This rulemaking action will complete                                                                           vertical tandem lifts. Vertical tandem
     the 1998 standard, reduce compliance                    Action                        Date        FR Cite
                                                                                                                    lifts (VTLs) involve the lifting of two
     confusion among employers, and                          ANPRM                        05/14/82 47 FR 20803      or more empty intermodal containers,
     provide employees with consistent and                   ANPRM Comment                09/13/82                  secured together with twist locks, at the
     appropriate respiratory protection. On                    Period End                                           same time. OSHA has continued to
     June 6, 2003, OSHA published an                         NPRM                         11/15/94 59 FR 58884      work with national and international
     NPRM on Assigned Protection Factors                     Final Rule                   01/08/98 63 FR 1152       organizations to gather additional
     in the Federal Register at 68 FR 34036                  Final Rule Effective         04/08/98                  information on the safety of VTLs. The
     containing a proposed APF table, and                    NPRM                         06/06/03 68 FR 34036      Agency has published an NPRM to
     requesting public comment. The                          NPRM Comment                 09/04/03                  address safety issues related to VTLs.
     extended comment period ended                             Period End                                           The extended comment period
     October 2, 2003, and an informal public                 NPRM Comment                 10/02/03 68 FR 53311      concluded 2/13/04, and an informal
     hearing was held January 28-30, 2004.                     Period Extended
                                                                                                                    public hearing was held on 7/29-30/04.
                                                             Public Hearing on            11/12/03 68 FR 64036
     Statement of Need: About five million                     01/28/2004
                                                                                                                    The rulemaking record was open
     employees wear respirators as part of                   Final Rule: Revocation       12/31/03 68 FR 75767
                                                                                                                    through 11/30/04. Subsequently, new
     their regular job duties. Due to                          of Respiratory                                       information was submitted to the
     inconsistencies between the APFs                          Protection M. TB                                     docket. The Administrative Law Judge
     found in ANSI Z88.2-1992 and in the                     Public Hearing               01/28/04                  gave hearing participants 45 days to
     NIOSH Respirator Decision Logic,                        Post–Hearing                 03/30/04 69 FR 16510      review this information and comment
     employers, employees, and safety and                      Comment and Brief                                    on it. Comments were due June 27,
     health professionals are often uncertain                  Period Extended                                      2005. The Agency is analyzing the


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                             Federal Register / Vol. 71, No. 78 / Monday, April 24, 2006 / Unified Agenda                                                   22935

     DOL—OSHA                                                                                                                                Final Rule Stage


     information and comments received to                    Timetable:                                             evaluated public comment received in
     prepare the final action.                               Action                        Date        FR Cite      response to the NPRM, and a final
     Timetable:                                                                                                     action is being prepared.
                                                             NPRM                         03/30/99 64 FR 15401
                                                             NPRM Comment                 06/14/99
                                                                                                                    Timetable:
     Action                      Date         FR Cite
                                                                Period End                                          Action                    Date        FR Cite
     NPRM                     06/06/94 59 FR 28594
                                                             Informal Public              08/13/99
     NPRM Comment             09/23/94                                                                              NPRM                    04/05/04 69 FR 17773
                                                                Hearing End
       Period End                                                                                                   NPRM Comment            06/04/04
                                                             Limited Reopening of         07/08/04 69 FR 41221        Period End
     Final Rule on            07/25/97 62 FR 40142              Record
       Longshoring/Marine                                                                                           Final Action            07/00/06
                                                             Comment Period End           08/23/04
     Public Meeting on        10/09/97 62 FR 52671           Final Action                 09/00/06                  Regulatory Flexibility Analysis
       VTLs – 1/27/1998                                                                                             Required: No
     Second NPRM              09/16/03 68 FR 54298           Regulatory Flexibility Analysis
     NPRM Comment             12/10/03 68 FR 68804           Required: No                                           Government Levels Affected: None
       Period End 2/13/04                                    Small Entities Affected: Businesses                    Agency Contact: Dorothy Dougherty,
     Public Hearing           07/29/04 69 FR 19361                                                                  Acting Director, Directorate of
                                                             Government Levels Affected: Federal,
     Final Action             11/00/06                                                                              Standards and Guidance, Department of
                                                             Local, State
     Regulatory Flexibility Analysis                                                                                Labor, Occupational Safety and Health
                                                             Agency Contact: Dorothy Dougherty,                     Administration, 200 Constitution
     Required: No                                            Acting Director, Directorate of                        Avenue NW., FP Building, Room 3718,
     Government Levels Affected: None                        Standards and Guidance, Department of                  Washington, DC 20210
     Agency Contact: Dorothy Dougherty,                      Labor, Occupational Safety and Health                  Phone: 202 693–1950
     Acting Director, Directorate of                         Administration, 200 Constitution                       Fax: 202 693–1678
     Standards and Guidance, Department of                   Avenue NW., FP Building, Room 3718,                    Email: dougherty.dorothy@dol.gov
     Labor, Occupational Safety and Health                   Washington, DC 20210                                   RIN: 1218–AB95
     Administration, 200 Constitution                        Phone: 202 693–1950
     Avenue NW., FP Building, Room 3718,                     Fax: 202 693–1678
                                                             Email: dougherty.dorothy@dol.gov                       1994. NFPA STANDARDS IN
     Washington, DC 20210
                                                             RIN: 1218–AB77                                         SHIPYARD FIRE PROTECTION
     Phone: 202 693–1950
     Fax: 202 693–1678                                                                                              Priority: Substantive, Nonsignificant
     Email: dougherty.dorothy@dol.gov                        1993. REVISION AND UPDATE OF                           Legal Authority: 29 USC 655(b); 29
     RIN: 1218–AA56                                          SUBPART S—ELECTRICAL                                   USC 657
                                                             STANDARDS                                              CFR Citation: 29 CFR 1915.4; 29 CFR
                                                             Priority: Other Significant                            1915.505; 29 CFR 1915.507
     1992. EMPLOYER PAYMENT FOR
     PERSONAL PROTECTIVE EQUIPMENT                           Legal Authority: 29 USC 655(b)                         Legal Deadline: None
     Priority: Other Significant                             CFR Citation: 29 CFR 1910 subpart S                    Abstract: In this rulemaking, OSHA is
                                                                                                                    updating National Fire Protection
     Legal Authority: 29 USC 655(b); 29                      Legal Deadline: None                                   Association (NFPA) standards
     USC 657; 33 USC 941; 40 USC 333                         Abstract: The Occupational Safety and                  incorporated by reference in the OSHA
     CFR Citation: 29 CFR 1910.132; 29 CFR                   Health Administration (OSHA) is                        29 CFR part 1915 subpart P fire
     1915.152; 29 CFR 1917.96; 29 CFR                        planning to revise and update its 29                   protection standards. OSHA published
     1918.106; 29 CFR 1926.95                                CFR 1910 subpart S-Electrical                          a final rule for subpart P in 2004 that
                                                             Standards. OSHA will rely heavily on                   included nine NFPA standards that
     Legal Deadline: None                                    the National Fire Protection                           have been updated since the rule was
     Abstract: Generally, OSHA standards                     Association’s (NFPA’s) 70 E standard                   proposed. OSHA plans to issue a direct
     require that protective equipment                       for Electrical Safety Requirements for                 final rulemaking, along with a notice
     (including personal protective                          Employee Workplaces. This revision                     of proposed rulemaking, to update the
     equipment (PPE)) be provided and used                   will provide the first update of the                   NFPA standards.
     when necessary to protect employees                     General Industry-Electrical Standard                   Timetable:
     from hazards that can cause them                        since it was originally published in
     injury, illness, or physical harm. In this              1981. OSHA intends to complete this                    Action                    Date        FR Cite
     discussion, OSHA uses the abbreviation                  project in several stages. The first stage             Direct Final Rule       06/00/06
     PPE to cover both personal protective                   will cover design safety standards for                 Regulatory Flexibility Analysis
     equipment and other protective                          electrical systems, while the second                   Required: No
     equipment. In 1999, OSHA proposed to                    stage will cover safety-related
     require employers to pay for PPE, with                  maintenance and work practice                          Government Levels Affected: None
     a few exceptions. The Agency                            requirements and safety requirements                   Agency Contact: Dorothy Dougherty,
     continues to consider how to address                    for special equipment. It will thus                    Acting Director, Directorate of
     this issue, and re-opened the record on                 allow the latest technological                         Standards and Guidance, Department of
     7/8/2004 to get input on issues related                 developments to be considered. Several                 Labor, Occupational Safety and Health
     to PPE considered to be a ‘‘tool of the                 of these state-of-the-art safety                       Administration, 200 Constitution
     trade’’. The comment period ended                       developments will be addressed by                      Avenue NW., FP Building, Room 3718,
     8/23/2004.                                              OSHA for the first time. OSHA has                      Washington, DC 20210


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     22936                   Federal Register / Vol. 71, No. 78 / Monday, April 24, 2006 / Unified Agenda

     DOL—OSHA                                                                                                                                Final Rule Stage


     Phone: 202 693–1950                                     Agency Contact: Paula O. White,                        added a ‘‘kick-out’’ provision allowing
     Fax: 202 693–1678                                       Director, Cooperative and State                        the complainant to remove the
     Email: dougherty.dorothy@dol.gov                        Programs, Department of Labor,                         complaint to District Court if the
                                                             Occupational Safety and Health                         Secretary of Labor has not issued a
     RIN: 1218–AC16
                                                             Administration, 200 Constitution                       final decision within a year of the filing
                                                             Avenue NW., FP Building, Washington,                   of the complaint. These are significant
     1995. ∑ NEW YORK STATE PLAN—                            DC 20210                                               changes to the ERA, necessitating
     CERTIFICATION                                           Phone: 202 693–2200                                    immediate revision of the regulations,
                                                             Fax: 202 693–1671                                      29 C.F.R. Part 24, Procedures for the
     Priority: Substantive, Nonsignificant                   Email: paula.white@dol.gov                             Handling of Discrimination Complaints
     Legal Authority: 29 USC 667                             RIN: 1218–AC24                                         under Federal Employee Protection
                                                                                                                    Statutes, which governs whistleblower
     CFR Citation: 29 CFR 1956                                                                                      investigations under the Energy
     Legal Deadline: None                                    1996. ∑ PROCEDURES FOR                                 Reorganization Act of 1978 as well as
                                                             HANDLING DISCRIMINATION                                under the six EPA statutes.
     Abstract: OSHA will certify under                       COMPLAINTS UNDER FEDERAL
     section 18(c) of the OSH Act that the                                                                          Timetable:
                                                             EMPLOYEE PROTECTION STATUTES
     New York State occupational safety and                                                                         Action                    Date        FR Cite
     health plan for public employees only,                  Priority: Info./Admin./Other. Major
                                                             status under 5 USC 801 is                              Interim Final Rule      05/00/06
     which is administered by the New York
                                                             undetermined.                                          Interim Final Rule      06/00/06
     Department of Labor, Public Employee                                                                              Comment Period
     Safety and Health Program (PESH), has                   Legal Authority: 42 USC 300j–9(i); 33                     End
     completed and submitted all the                         USC 1367; 15 USC 2622; 42 USC 6971;
     documentation (statutes, regulations,                   42 USC 7622; 42 USC 9610; 42 USC                       Regulatory Flexibility Analysis
     procedures, et al.) necessary for a                     5851; . . .                                            Required: No
     structurally complete State Plan and                                                                           Small Entities Affected: No
                                                             CFR Citation: 29 CFR 24
     that the components of its plan have
                                                             Legal Deadline: None                                   Government Levels Affected: None
     been determined to be ‘‘at least as
     effective’’ as the Federal program.                     Abstract: Section 629, the employee                    Agency Contact: Nilgun Tolek,
                                                             protection provision of the Energy                     Director, Office of Investigative
     Timetable:                                                                                                     Assistance, Department of Labor,
                                                             Policy Act of 2005 amended the Energy
     Action                      Date         FR Cite
                                                             Reorganization Act of 1978, 42 USC                     Occupational Safety and Health
     Final Action             07/00/06                       §5851. The amendments add                              Administration, N3610, 200
                                                             Department of Energy and Nuclear                       Constitution Avenue NW., FPB,
     Regulatory Flexibility Analysis                                                                                Washington, DC 20210
                                                             Regulatory Commission employees to
     Required: No                                                                                                   Phone: 202 693–2531
                                                             the employees covered under the Act,
     Government Levels Affected: Local,                      as are contractors and subcontractors of               Fax: 202 693–2369
     State                                                   the Commission. In addition, Congress                  RIN: 1218–AC25

     Department of Labor (DOL)                                                                                                            Long-Term Actions
     Occupational Safety and Health Administration (OSHA)

     1997. WALKING WORKING                                   become available to protect employees                  Action                    Date        FR Cite
     SURFACES AND PERSONAL FALL                              from these hazards. The Agency has
     PROTECTION SYSTEMS (1910)                               been working to update these rules to                  NPRM Comment            08/22/90
                                                                                                                      Period End
     (SLIPS, TRIPS, AND FALL                                 reflect current technology. OSHA
                                                                                                                    Hearing                 09/11/90 55 FR 29224
     PREVENTION)                                             published a notice to re-open the
                                                                                                                    Reopen Record           05/02/03 68 FR 23527
     Priority: Other Significant. Major status               rulemaking for comment on a number
                                                                                                                    Comment Period End      07/31/03
     under 5 USC 801 is undetermined.                        of issues raised in the record for the
                                                                                                                    NPRM                    04/00/07
                                                             NPRM. As a result of the comments
     Unfunded Mandates: Undetermined                         received on that notice, OSHA has                      Regulatory Flexibility Analysis
     Legal Authority: 29 USC 655(b)                          determined that the rule proposed in                   Required: Undetermined
                                                             1990 is out-of-date and does not reflect               Government Levels Affected: None
     CFR Citation: 29 CFR 1910 subparts D                    current industry practice or technology.
     and I                                                                                                          Agency Contact: Dorothy Dougherty,
                                                             The Agency will develop a new
                                                                                                                    Acting Director, Directorate of
     Legal Deadline: None                                    proposal, modified to reflect current
                                                                                                                    Standards and Guidance, Department of
                                                             information, as well as re-assess the
     Abstract: In 1990, OSHA proposed a                                                                             Labor, Occupational Safety and Health
                                                             impact.
     rule (55 FR 13360) addressing slip, trip,                                                                      Administration, 200 Constitution
     and fall hazards and establishing                       Timetable:                                             Avenue NW., FP Building, Room 3718,
     requirements for personal fall                                                                                 Washington, DC 20210
                                                             Action                        Date        FR Cite
     protection systems. Since that time,                                                                           Phone: 202 693–1950
     new technologies and procedures have                    NPRM                         04/10/90 55 FR 13360      Fax: 202 693–1678


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                             Federal Register / Vol. 71, No. 78 / Monday, April 24, 2006 / Unified Agenda                                                  22937

     DOL—OSHA                                                                                                                            Long-Term Actions


     Email: dougherty.dorothy@dol.gov                        Action                       Date        FR Cite      biological effects of ionizing radiation.
                                                                                                                   OSHA extended the comment period
     RIN: 1218–AB80                                          Additional Stakeholder 07/21/04                       on the request for information to ensure
                                                               Meeting                                             commenters had the opportunity to
                                                             Next Action Undetermined                              consider this new report. The next step
     1998. HEARING CONSERVATION
     PROGRAM FOR CONSTRUCTION                                Regulatory Flexibility Analysis                       for the ionizing radiation project is to
     WORKERS                                                 Required: Undetermined                                hold discussions with key stakeholders.
                                                             Government Levels Affected: None                      OSHA plans to hold a series of
     Priority: Economically Significant.                                                                           meetings targeted to specific
     Major status under 5 USC 801 is                         Agency Contact: Dorothy Dougherty,                    stakeholder groups including state
     undetermined.                                           Acting Director, Directorate of                       organizations with responsibility for
     Unfunded Mandates: Undetermined                         Standards and Guidance, Department of                 worker exposure to ionizing radiation,
                                                             Labor, Occupational Safety and Health                 professional associations and specific
     Legal Authority: 29 USC 655(b); 40                      Administration, 200 Constitution                      industry groups such as dental, medical
     USC 333                                                 Avenue NW., FP Building, Room 3718,                   and veterinary professionals. OSHA
     CFR Citation: 29 CFR 1926.52                            Washington, DC 20210                                  believes that these targeted meetings
                                                             Phone: 202 693–1950                                   will be detailed technical discussions
     Legal Deadline: None                                    Fax: 202 693–1678                                     that will inform the Agency on current
     Abstract: OSHA issued a section                         Email: dougherty.dorothy@dol.gov                      practices, the use radiation devices and
     6(b)(5) health standard mandating a                     RIN: 1218–AB89                                        approaches to protecting employees
     comprehensive hearing conservation                                                                            from exposure to ionizing radiation.
     program for noise-exposed workers in                                                                          Timetable:
                                                             1999. IONIZING RADIATION
     general industry in 1983. However, no
     rule was promulgated to cover workers                   Priority: Other Significant                           Action                    Date        FR Cite
     in the construction industry. A number                  Legal Authority: 29 USC 655(b)                        Request for             05/03/05 70 FR 22828
     of recent studies have shown that many                                                                          Information (RFI)
                                                             CFR Citation: 29 CFR 1910.109
     construction workers experience work-                                                                         Request for             08/01/05 70 FR 22828
     related hearing loss. In addition, the                  Legal Deadline: None                                    Information
     use of engineering, administrative and                  Abstract: OSHA is considering                           Comment Period
     personal protective equipment to                        amending 29 CFR 1910.1096 that                          End
     reduce exposures to noise is not                        addresses exposure to ionizing                        Request for             11/28/05 70 FR 44074
     extensive in this industry. OSHA                                                                                Information
                                                             radiation. The OSHA regulations were                    Comment Period
     published an advance notice of                          published in 1974, with only minor                      Extended
     proposed rulemaking to gather                           revisions since that time. The                        Stakeholder Meetings    04/00/07
     information on the extent of noise-                     Department of Energy and the Nuclear
     induced hearing loss among workers in                   Regulatory Commission both have more                  Regulatory Flexibility Analysis
     different trades in this industry, current              extensive radiation standards that                    Required: Undetermined
     practices to reduce this loss, and                      reflect new technological and safety                  Government Levels Affected:
     additional approaches and protections                   advances. In addition, radiation is now               Undetermined
     that could be used to prevent such loss                 used for a broader variety of purposes,
     in the future. Work continues on                        including health care, food safety, mail              Agency Contact: Dorothy Dougherty,
     collecting and analyzing information to                 processing, and baggage screening.                    Acting Director, Directorate of
     determine technological and economic                    OSHA is in the process of reviewing                   Standards and Guidance, Department of
     feasibility of possible approaches.                     information about the issue, and will                 Labor, Occupational Safety and Health
                                                             determine the appropriate course of                   Administration, 200 Constitution
     Timetable:                                                                                                    Avenue NW., FP Building, Room 3718,
                                                             action regarding this standard when the
     Action                      Date         FR Cite        review is completed. A request for                    Washington, DC 20210
                                                             information was published on May 3,                   Phone: 202 693–1950
     ANPRM                08/05/02 67 FR 50610
                                                             2005. Subsequently, the National                      Fax: 202 693–1678
     ANPRM Comment        11/04/02
       Period End                                            Academy of Science released the latest                Email: dougherty.dorothy@dol.gov
     Stakeholder Meetings 03/24/04                           version of a significant report on the                RIN: 1218–AC11




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     22938                   Federal Register / Vol. 71, No. 78 / Monday, April 24, 2006 / Unified Agenda

     Department of Labor (DOL)                                                                                                           Completed Actions
     Occupational Safety and Health Administration (OSHA)

     2000. OCCUPATIONAL EXPOSURE TO                          Request for Information on CrVI to                    Summary of Legal Basis: The legal
     HEXAVALENT CHROMIUM                                     solicit additional information on key                 basis for the rule is a determination
     (PREVENTING OCCUPATIONAL                                issues related to controlling exposures               that workers are exposed to a
     ILLNESS: CHROMIUM)                                      to CrVI and on December 4, 2002,                      significant risk of lung cancer and
     Priority: Economically Significant.                     OSHA announced its intent to proceed                  dermatoses and that rulemaking was
     Major under 5 USC 801.                                  with developing a proposed standard.                  needed to substantially reduce the risk.
                                                             On December 24, 2002, the 3rd Circuit,
     Unfunded Mandates: This action may                      U.S. Court of Appeals ruled in favor                  Alternatives: OSHA considered non-
     affect the private sector under PL 104-                 of HRG and ordered the Agency to                      regulatory approaches, including the
     4.                                                      proceed expeditiously with a CrVI                     dissemination of guidance on its Web
     Legal Authority: 29 USC 655(b); 29                      standard. OSHA published a notice of                  site. However, OSHA determined that
     USC 657                                                 proposed rulemaking on CrVI on                        rulemaking is a necessary step to
     CFR Citation: 29 CFR 1910                               October 4, 2004. Public hearings were                 ensure that workers are protected from
                                                             held February 1-15, 2005. A post-                     the hazards of CrVI and the Agency
     Legal Deadline: NPRM, Judicial,                         hearing comment period, established by                was ordered by the U.S. Court of
     October 4, 2004.                                        the Administrative Law Judge, closed                  Appeals to move forward with a final
     Final, Judicial, February 28, 2006.                     on April 20, 2005. After a review of                  rule.
     Abstract: In July 1993, the                             the record and consideration of all
     Occupational Safety and Health                          comments and data submitted in                        Anticipated Cost and Benefits: OSHA
     Administration (OSHA) was petitioned                    response to the proposal of October 4,                estimated the cost of the final standard
     for an emergency temporary standard                     2004, OSHA published a final CrVI                     at $282 million per year. OSHA
     (ETS) to reduce the permissible                         standard on February 28, 2006. The                    estimated the standard would prevent
     exposure limit (PEL) for occupational                   final CrVI standard sets a new                        an average of 40 to 145 cases of cancer
     exposures to hexavalent chromium                        permissible exposure limit of 5 ug/m3                 per year.
     (CrVI). The Oil, Chemical, and Atomic                   as a TWA for all CrVI compounds and
                                                                                                                   Risks: A detailed risk analysis is
     Workers International Unions (OCAW)                     covers general industry, construction
                                                                                                                   included in the final rule.
     and Public Citizen’s Health Research                    and shipyards.
     Group (HRG) petitioned OSHA to                          Statement of Need: Approximately                      Timetable:
     promulgate an ETS to lower the PEL                      558,000 workers are exposed to CrVI
     for CrVI compounds to 0.5 micrograms                                                                          Action                    Date        FR Cite
                                                             in general industry, maritime,
     per cubic meter of air (ug/m3) as an                    construction, and agriculture. Industries             Request for              08/22/02 67 FR 54389
     eight-hour, time-weighted average                       or work processes that could be                          Information
     (TWA). The current PEL in general                       particularly affected by a standard for               Comment Period End       11/20/02
     industry is a ceiling value of 100                      CrVI include: Electroplating, welding,                Initiate SBREFA          12/23/03
     ug/m3, measured as CrVI and reported                    painting, chromate production,                           Process
     as chromic anhydride (CrO3). The                        chromate pigment production,                          SBREFA Report            04/20/04
     amount of CrVI in the anhydride                         ferrochromium production, iron and                    NPRM                     10/04/04 69 FR 59305
     compound equates to a PEL of 52                         steel production, chromium catalyst                   NPRM Comment             01/03/05
     ug/m3. The ceiling limit applies to all                 production, and chromium dioxide and                     Period End
     forms of CrVI, including chromic acid                   sulfate production. Exposure to CrVI                  Public Hearings          02/01/05
     and chromates, lead chromate, and zinc                  has been shown to produce lung                           2/1–15/2005
     chromate. The current PEL of CrVI in                    cancer, an often fatal disease, among                 Final Rule               02/28/06 71 FR 10100
     the construction industry is 100 ug/m3                  workers exposed to CrVI compounds.                    Final Action Effective   05/30/06
     as a TWA PEL, which also equates to                     The International Agency for Research
     a PEL of 52 ug/m3. After reviewing the                  on Cancer (IARC) classifies CrVI                      Regulatory Flexibility Analysis
     petition, OSHA denied the request for                   compounds as a Group 1 Carcinogen:                    Required: Yes
     an ETS and initiated a section 6(b)(5)                  Agents considered to be carcinogenic in
     rulemaking.                                             humans. The Environmental Protection                  Small Entities Affected: Businesses,
     OSHA began collecting data and                          Agency (EPA) and the American                         Governmental Jurisdictions
     performing preliminary analyses                         Conference of Governmental Industrial                 Government Levels Affected: Local,
     relevant to occupational exposure to                    Hygienists (ACGIH) have also                          State
     CrVI. However, in 1997, OSHA was                        designated CrVI compounds as known
     sued by HRG OCAW for unreasonable                       and confirmed human carcinogens,                      Agency Contact: Dorothy Dougherty,
     delay in issuing a final CrVI standard.                 respectively. Similarly, the National                 Acting Director, Directorate of
     The 3rd Circuit, U.S. Court of Appeals                  Institute for Occupational Safety and                 Standards and Guidance, Department of
     ruled in OSHA’s favor and the Agency                    Health (NIOSH) considers CrVI                         Labor, Occupational Safety and Health
     continued its data collection and                       compounds to be potential                             Administration, 200 Constitution
     analytic efforts on CrVI. In 2002, OSHA                 occupational carcinogens. OSHA’s                      Avenue NW., FP Building, Room 3718,
     was sued again by HRG and Paper,                        current standards for CrVI compounds,                 Washington, DC 20210
     Allied-International, Chemical and                      adopted in 1971, were established to                  Phone: 202 693–1950
     Energy Workers International Union                      protect against nasal irritation.                     Fax: 202 693–1678
     (PACE) for continued unreasonable                       Therefore, there is a need to revise the              Email: dougherty.dorothy@dol.gov
     delay in issuing a final CrVI standard.                 current standard to protect workers
     In August, 2002 OSHA published a                        from lung cancer.                                     RIN: 1218–AB45


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                             Federal Register / Vol. 71, No. 78 / Monday, April 24, 2006 / Unified Agenda                                                   22939

     DOL—OSHA                                                                                                                             Completed Actions


     2001. SLIP RESISTANCE OF                                Action                        Date        FR Cite      Abstract: In 1996, OSHA published a
     SKELETAL STRUCTURAL STEEL                                                                                      technical amendment revising the
                                                             NPRM Comment                 10/13/04                  construction and agriculture standards
     Priority: Other Significant                               Period End                                           that regulate testing of roll-over
     Legal Authority: 29 USC 655(b) ; 40                     Final Rule                   01/18/06 71 FR 2879       protective structures (ROPS) used to
     USC 333; 29 CFR 1911                                    Final Rule Effective         01/18/06                  protect employees who operate wheel-
     CFR Citation: 29 CFR 1926.754(c)(3)                     Regulatory Flexibility Analysis                        type tractors. This revision removed the
     Legal Deadline: Other, Judicial, July                   Required: No                                           original, detailed ROPS standards and
     18, 2004, Notice of limited reopening                   Government Levels Affected: None                       replaced them with references to
     of record for 1926.754(c)(3).                                                                                  national consensus standards for ROPS-
     Final, Judicial, January 18, 2006, Final                Agency Contact: Russell B. Swanson,                    testing requirements. The Agency
     Rule Deadline per Settlement                            Director, Directorate of Construction,                 believed that the national consensus
     Agreement.                                              Department of Labor, Occupational                      standards largely duplicated the ROPS
     Per Settlement Agreement (Steel                         Safety and Health Administration, 200                  standards they replaced, and that any
     Coalition, Resilient Floor Covering                     Constitution Avenue NW., FP Building,                  differences between them were not
     Institute v. OSHA).                                     Washington, DC 20210                                   substantive. Subsequently, OSHA
                                                             Phone: 202 693–2020                                    identified several substantive
     Abstract: On May 11, 1994 OSHA                          Fax: 202 693–1689                                      differences between the national
     established the Steel Erection
     Negotiated Rulemaking Advisory                          RIN: 1218–AC14                                         consensus standards and the original
     Committee. On August 13, 1998 OSHA                                                                             ROPS standards. The direct final rule
     published a notice of proposed rule                                                                            will reinstate the original ROPS
                                                             2002. ROLLOVER PROTECTIVE                              standards.
     making, permitting time for written                     STRUCTURES; OVERHEAD
     comments and public hearings.                           PROTECTION                                             Timetable:
     Following notice and comment the
                                                             Priority: Substantive, Nonsignificant                  Action                    Date        FR Cite
     final rule for the steel erection standard
     was published on January 18, 2001. On                   Legal Authority: 29 CFR 1928 subpart                   Direct Final Rule       12/29/05 70 FR 76979
     April 3, 2003, OSHA entered into a                      C; sec 4, 6, and 8 of the Occupational                 Direct Final Rule       02/27/06 71 FR 9909
     settlement agreement with the Steel                     Safety and Health Act of 1970 (29 USC                    Effective
     Coalition and Resilient Floor Covering                  653,655,657); Secretary of Labor’s Order               Regulatory Flexibility Analysis
     Institute whereby OSHA agreed to a                      No. 12.71(36 FR 8754), 8–76 (41 FR                     Required: No
     limited reopening of the administrative                 25059), 9–83 (48 FR 35736, 1–90(55 FR
     record of docket S-775 regarding                        9033), 6–96(62 FR 111), 3–2000(65 FR                   Government Levels Affected: None
     paragraph 1926.754(c)(3). On July 15,                   50017) or 5–2002(67 FR 65008) as                       Agency Contact: Dorothy Dougherty,
     2004, OSHA published a notice in the                    applicable.sec 1928.51, 192; 29 CFR                    Acting Director, Directorate of
     Federal Register reopening the record                   1926 subpart W – Rollover Protective                   Standards and Guidance, Department of
     for this limited purpose. The July                      Structures; Overhead Protection: sec                   Labor, Occupational Safety and Health
     notice solicited information regarding                  107, Contract Work Hours and Safety                    Administration, 200 Constitution
     section 1926.754(c)(3) only. On January                 Standards Act (Construction Safety                     Avenue NW., FP Building, Room 3718,
     18, 2006, OSHA published a notice of                    Act), 40 USC 333; sec 1926.1002 and                    Washington, DC 20210
     a final rule revoking 1926.754(c)(3).                   19                                                     Phone: 202 693–1950
     Timetable:                                              CFR Citation: 29 CFR 1926; 29 CFR                      Fax: 202 693–1678
     Action                      Date         FR Cite        1928                                                   Email: dougherty.dorothy@dol.gov
     NPRM                     07/15/04 69 FR 42379           Legal Deadline: None                                   RIN: 1218–AC15


     Department of Labor (DOL)                                                       Proposed Rule Stage
     Office of the Assistant Secretary for Veterans’ Employment and Training (ASVET)

     2003. JOBS FOR VETERANS ACT OF                          proposing to issue a notice of proposed                veterans. JVA continues the collection
     2002: CONTRACT THRESHOLD AND                            rulemaking (NPRM) to implement                         for the recently separated veterans
     ELIGIBILITY GROUPS FOR FEDERAL                          changes required by the Jobs for                       category, but changed the definition for
     CONTRACTOR PROGRAM                                      Veterans Act (JVA) of 2002. This Act                   that category to include any veteran
     Priority: Other Significant. Major status               amended the Vietnam Veterans’                          who served on active duty in the U.S.
     under 5 USC 801 is undetermined.                        Readjustment Assistance Act of 1974,                   military ground, naval, or air service
                                                             as amended (VEVRAA), by revising the                   during the 3-year period beginning on
     Legal Authority: 38 USC 4212(d) as                      reporting threshold from $25,000 to                    the date of such veteran’s discharge or
     amended by PL 107–288                                   $100,000. JVA also eliminated the                      release from active duty. Additionally,
     CFR Citation: 41 CFR 61–300                             collection categories of special disabled              Federal contractors and subcontractors
                                                             veterans and veterans of the Vietnam                   will be required to report the total
     Legal Deadline: None                                    era and added the new collection                       number of all current employees in 9
     Abstract: The Veterans’ Employment                      categories of disabled veterans and                    job categories for each hiring location.
     and Training Service (VETS) is                          armed forces expeditionary medal                       This proposal will assist VETS in


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     22940                   Federal Register / Vol. 71, No. 78 / Monday, April 24, 2006 / Unified Agenda

     DOL—ASVET                                                                                                                           Proposed Rule Stage


     meeting the statutory requirement of                    Regulatory Flexibility Analysis                        of the Assistant Secretary for Veterans’
     annually collecting the VETS-100                        Required: No                                           Employment and Training, 200
     Report.                                                 Small Entities Affected: Businesses,                   Constitution Avenue NW., Room
                                                             Organizations                                          S–1312, Washington, DC 20210
     Timetable:                                                                                                     Phone: 202 693–4719
                                                             Government Levels Affected: None
     Action                      Date         FR Cite                                                               Fax: 202 693–4755
                                                             Agency Contact: Robert Wilson, Chief,                  Email: rmwilson@dol.gov
     NPRM                     07/00/06                       Investigations and Compliance
                                                             Division, Department of Labor, Office                  RIN: 1293–AA12

     Department of Labor (DOL)                                                                                                             Completed Actions
     Office of the Assistant Secretary for Veterans’ Employment and Training (ASVET)

     2004. UNIFORMED SERVICES                                Reserve forces that has continued into                 Agency Contact: Robert Wilson, Chief,
     EMPLOYMENT AND REEMPLOYMENT                             2006. In the past four years, the                      Investigations and Compliance
     RIGHTS ACT REGULATIONS                                  Department has experienced a                           Division, Department of Labor, Office
     Priority: Other Significant                             tremendous increase in the number of                   of the Assistant Secretary for Veterans’
                                                             inquiries about USERRA from                            Employment and Training, 200
     Legal Authority: 38 USC 4331(a)                         employers and members of the Guard                     Constitution Avenue NW., Room
     CFR Citation: 20 CFR 1002                               and Reserve. The high volume of                        S–1312, Washington, DC 20210
     Legal Deadline: None                                    requests for technical assistance                      Phone: 202 693–4719
                                                             indicates that there is a significant need             Fax: 202 693–4755
     Abstract: The Secretary’s commitment                    for consistent and authoritative                       Email: rmwilson@dol.gov
     to protecting the employment rights of                  USERRA guidance. USERRA
     service members as they return to the                   regulations will provide the                           RIN: 1293–AA09
     civilian work force is reflected by the                 Department’s interpretations of the law
     initiative to promulgate regulations                    and procedures for enforcing the law.                  2005. NOTICE OF RIGHTS, BENEFITS,
     implementing the Uniformed Services                                                                            AND OBLIGATIONS UNDER THE
     Employment and Reemployment Rights                      Summary of Legal Basis: USERRA
                                                             authorizes the Secretary of Labor, in                  USERRA
     Act of 1994 (USERRA) with regard to
     States, local governments and private                   consultation with the Secretary of                     Priority: Other Significant
     employers. USERRA provides                              Defense, to issue regulations
     employment and reemployment                             implementing USERRA with regard to                     Legal Authority: VBIA of 2004, PL
     protections for members of the                          States, local governments and private                  108–454, Section 203
     uniformed services, including veterans                  employers. 38 U.S.C. 4331(a).
                                                                                                                    CFR Citation: 20 CFR 1002, Appendix
     and members of the Reserve and                          Alternatives: In lieu of regulations, the              A
     National Guard. The Department has                      Department could choose to continue
     not previously issued implementing                      its compliance assistance efforts, and                 Legal Deadline: Other, Statutory,
     regulations under USERRA, although                      could issue interpretations of USERRA                  March 10, 2005, Interim Final Rule.
     the law dates back to 1994.                             in the form of a USERRA Handbook,                      Abstract: The Veterans Benefits
     Statement of Need: The Uniformed                        policy memoranda or other less formal                  Improvement Act of 2004(VBIA)
     Services Employment and                                 means. These would not benefit from                    amended several provisions of the
     Reemployment Rights Act of 1994                         broad-based public input, nor would                    Uniformed Services Employment and
     (USERRA), 38 U.S.C. 4301-4334,                          they receive the same level of deference               Reemployment Rights Act of 1994
     provides employment and                                 as regulations. See United States v.                   (USERRA). VBIA imposed a new
     reemployment rights for members of                      Mead Corp., 533 U.S. 218, 230 (2001).                  requirement that each employer shall
     the uniformed services, including                       Timetable:                                             provide to persons entitled to rights
     veterans and members of the Reserve                                                                            and benefits under USERRA a notice
     and National Guard. Under USERRA,                       Action                        Date        FR Cite      of the rights, benefits, and obligations
     eligible service members who leave                      NPRM                         09/20/04 69 FR 56266      of such persons and such employers
     their civilian jobs for military service                NPRM Comment                 11/19/04                  under USERRA. The VBIA requires the
     are entitled to return to employment                      Period End                                           Secretary of Labor to make available to
     with their previous employers with the                  Final Action                 12/19/05 70 FR 75246      employers the text of the required
     seniority, status and rate of pay they                  Final Action Effective       01/18/06                  notice not later than March 10, 2005,
     would have attained had they not been                   Regulatory Flexibility Analysis                        ninety days after the enactment of the
     away on duty. USERRA also assures                       Required: No                                           VBIA.
     that they will not suffer discrimination
     in employment because of their                          Small Entities Affected: Businesses,                   Timetable:
     military service or obligations.                        Governmental Jurisdictions,                            Action                     Date        FR Cite
                                                             Organizations
     Following the attacks of September 11,                                                                         Interim Final Rule       03/10/05 70 FR 12106
     2001, the President authorized a major                  Government Levels Affected: Federal,                   Interim Final Rule       03/10/05
     mobilization of National Guard and                      Local, State                                              Effective



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                              Federal Register / Vol. 71, No. 78 / Monday, April 24, 2006 / Unified Agenda                                               22941

     DOL—ASVET                                                                                                                           Completed Actions


     Action                      Date         FR Cite        Small Entities Affected: Businesses                   Constitution Avenue NW., Room
                                                                                                                   S–1312, Washington, DC 20210
     Interim Final Rule       05/09/05                       Government Levels Affected: Federal,
                                                                                                                   Phone: 202 693–4719
        Comment Period                                       Local, State, Tribal
        End
                                                                                                                   Fax: 202 693–4755
     Final Action             12/19/05 70 FR 75313           Agency Contact: Robert Wilson, Chief,                 Email: rmwilson@dol.gov
     Final Action Effective   01/18/06                       Investigations and Compliance
                                                             Division, Department of Labor, Office                 RIN: 1293–AA14
     Regulatory Flexibility Analysis                         of the Assistant Secretary for Veterans’              [FR Doc. 06–2471 Filed 04–21–06; 8:45 am]
     Required: No                                            Employment and Training, 200                          BILLING CODE 4510–23–S




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