81_FR_37445 81 FR 37334 - Semiannual Agenda of Regulations

81 FR 37334 - Semiannual Agenda of Regulations

DEPARTMENT OF LABOR
Office of the Secretary

Federal Register Volume 81, Issue 111 (June 9, 2016)

Page Range37334-37339
FR Document2016-12911

The Internet has become the means for disseminating the entirety of the Department of Labor's semiannual regulatory agenda. However, the Regulatory Flexibility Act requires publication of a regulatory flexibility agenda in the Federal Register. This Federal Register Notice contains the regulatory flexibility agenda.

Federal Register, Volume 81 Issue 111 (Thursday, June 9, 2016)
[Federal Register Volume 81, Number 111 (Thursday, June 9, 2016)]
[Unknown Section]
[Pages 37334-37339]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-12911]



[[Page 37333]]

Vol. 81

Thursday,

No. 111

June 9, 2016

Part XIII





Department of Labor





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Semiannual Regulatory Agenda

Federal Register / Vol. 81 , No. 111 / Thursday, June 9, 2016 / 
Unified Agenda

[[Page 37334]]


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DEPARTMENT OF LABOR

Office of the Secretary

20 CFR Chs. I, IV, V, VI, VII, and IX

29 CFR Subtitle A and Chs. II, IV, V, XVII, and XXV

30 CFR Ch. I

41 CFR Ch. 60

48 CFR Ch. 29


Semiannual Agenda of Regulations

AGENCY: Office of the Secretary, Labor.

ACTION: Semiannual Regulatory Agenda.

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

SUMMARY: The Internet has become the means for disseminating the 
entirety of the Department of Labor's semiannual regulatory agenda. 
However, the Regulatory Flexibility Act requires publication of a 
regulatory flexibility agenda in the Federal Register. This Federal 
Register Notice contains the regulatory flexibility agenda.

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

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


SUPPLEMENTARY INFORMATION: Executive Order 12866 requires the 
semiannual publication of an agenda of regulations that contains a 
listing of all the regulations the Department of Labor expects to have 
under active consideration for promulgation, proposal, or review during 
the coming one-year period. The entirety of the Department's semiannual 
agenda is available online at www.reginfo.gov.
    The Regulatory Flexibility Act (5 U.S.C. 602) requires DOL to 
publish in the Federal Register a regulatory flexibility agenda. The 
Department's Regulatory Flexibility Agenda published with this notice 
includes only those rules on its semiannual agenda that are likely to 
have a significant economic impact on a substantial number of small 
entities; and those rules identified for periodic review in keeping 
with the requirements of section 610 of the Regulatory Flexibility Act. 
Thus, the regulatory flexibility agenda is a subset of the Department's 
semiannual regulatory agenda. There is only one item on the Department 
of Labor's Regulatory Flexibility Agenda:

Occupational Safety and Health Administration

    Bloodborne Pathogens (RIN 1218-AC34).

Thomas E. Perez,
Secretary of Labor.

                Wage and Hour Division--Final Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
182.......................  Defining and Delimiting            1235-AA11
                             the Exemptions for
                             Executive,
                             Administrative,
                             Professional, Outside
                             Sales, and Computer
                             Employees.
183.......................  Establishing Paid Sick             1235-AA13
                             Leave for Contractors,
                             Executive Order 13706.
------------------------------------------------------------------------


       Employment and Training Administration--Proposed Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
184.......................  Modernizing the Permanent          1205-AB75
                             Labor Certification
                             Program (PERM).
------------------------------------------------------------------------


        Employment and Training Administration--Final Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
185.......................  Workforce Innovation and           1205-AB73
                             Opportunity Act.
186.......................  Workforce Innovation and           1205-AB74
                             Opportunity Act; Joint
                             Rule With U.S. Department
                             of Education for Combined
                             and Unified State Plans,
                             Performance
                             Accountability, and the
                             One-Stop System Joint
                             Provisions.
------------------------------------------------------------------------


      Employee Benefits Security Administration--Completed Actions
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
187.......................  Conflict of Interest Rule--        1210-AB32
                             Investment Advice.
------------------------------------------------------------------------


      Occupational Safety and Health Administration--Prerule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
188.......................  Bloodborne Pathogens               1218-AC34
                             (Section 610 Review).
189.......................  Combustible Dust..........         1218-AC41
190.......................  Preventing Backover                1218-AC51
                             Injuries and Fatalities.
------------------------------------------------------------------------


[[Page 37335]]


   Occupational Safety and Health Administration--Proposed Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
191.......................  Occupational Exposure to           1218-AB76
                             Beryllium.
192.......................  Infectious Diseases.......         1218-AC46
------------------------------------------------------------------------


    Occupational Safety and Health Administration--Long-Term Actions
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
193.......................  Injury and Illness                 1218-AC48
                             Prevention Program.
------------------------------------------------------------------------


    Occupational Safety and Health Administration--Completed Actions
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
194.......................  Occupational Exposure to           1218-AB70
                             Crystalline Silica.
------------------------------------------------------------------------


DEPARTMENT OF LABOR (DOL)

Wage and Hour Division (WHD)

Final Rule Stage

182. Defining and Delimiting the Exemptions for Executive, 
Administrative, Professional, Outside Sales, and Computer Employees

    Legal Authority: 29 U.S.C. 213(a)(1) (Fair Labor Standards Act)
    Abstract: The Department proposes to update the regulations 
governing which executive, administrative, and professional employees 
(white collar workers) are entitled to the Fair Labor Standards Act's 
minimum wage and overtime pay protections. Key provisions of the 
proposed rule include: (1) Setting the standard salary level required 
for exemption for full-time salaried workers; (2) increasing the total 
annual compensation requirement needed to exempt highly compensated 
employees; and (3) establishing a mechanism for automatically updating 
the salary and compensation levels going forward to ensure that they 
will continue to provide a useful and effective test for exemption. The 
Department last updated these regulations in 2004, which, among other 
items, set the standard salary level at not less than $455 per week.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   07/06/15  80 FR 38516
NPRM Comment Period End.............   09/04/15
Final Rule..........................   05/00/16
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Mary Ziegler, Assistant Administrator, Office of 
Policy, Wage and Hour (WHD), Department of Labor, Wage and Hour 
Division, 200 Constitution Avenue NW., Room S-3502, FP Building, 
Washington, DC 20210, Phone: 202 693-0406, Fax: 202 693-1387.
    RIN: 1235-AA11

183. Establishing Paid Sick Leave for Contractors, Executive Order 
13706

    Legal Authority: Not Yet Determined
    Abstract: Executive Order 13706, Establishing Paid Sick Leave for 
Federal Contractors (80 FR 54697) establishes paid sick leave for 
Federal contractors and subcontractors. The Executive order indicates 
that Executive Departments and agencies shall, to the extent permitted 
by law, ensure that new contracts, contract-like instruments, and 
solicitations as described in section 6 of the order, include a clause, 
which the contractor and any subcontractors shall incorporate into 
lower-tier subcontracts, specifying that all employees, in the 
performance of the contract or any subcontract thereunder, shall earn 
not less than one hour of paid sick leave for every 30 hours worked. 
Consistent with the Executive order, the Department of Labor will issue 
implementing regulations.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   02/25/16  81 FR 9592
NPRM Comment Period End.............   03/28/16
NPRM Comment Period Extended........   03/14/16  81 FR 13306
NPRM Comment Period Extended End....   04/12/16
Final Rule..........................   09/00/16
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Robert Waterman, Compliance Specialist, Department 
of Labor, Wage and Hour Division, 200 Constitution Avenue NW., Room S-
3010, Washington, DC 20210, Phone: 202 693-0805, Email: 
[email protected].
    RIN: 1235-AA13

DEPARTMENT OF LABOR (DOL)

Employment and Training Administration (ETA)

Proposed Rule Stage

184. Modernizing the Permanent Labor Certification Program (PERM)

    Legal Authority: 8 U.S.C. 1152(a)(5)(A)
    Abstract: The PERM regulations govern the labor certification 
process for employers seeking to employ foreign workers permanently in 
the United States. The Department of Labor (Department) has not 
comprehensively examined and modified the permanent labor certification 
requirements and process since 2004. Over the last ten years, much has 
changed in our country's economy, affecting employers' demand for 
workers and the availability of a qualified domestic labor force. 
Advances in technology and information dissemination have dramatically 
altered common industry recruitment practices, and the Department has 
received ongoing feedback that the existing regulatory requirements 
governing the PERM process frequently do not align with worker or 
industry needs and practices. Therefore, the Department is engaging

[[Page 37336]]

in rulemaking that will consider options to modernize the PERM program 
to be more responsive to changes in the national workforce, to further 
align the program design with the objectives of the U.S. immigration 
system and needs of workers and employers, and to enhance the integrity 
of the labor certification process.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   05/00/16
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: William W. Thompson II, Acting Administrator, 
Office of Foreign Labor Certification, Department of Labor, Employment 
and Training Administration, 200 Constitution Avenue NW., FP Building, 
Room C-4312, Washington, DC 20210, Phone: 202 693-3010.
    RIN: 1205-AB75

DEPARTMENT OF LABOR (DOL)

Employment and Training Administration (ETA)

Final Rule Stage

185. Workforce Innovation and Opportunity Act

    Legal Authority: Sec. 503(f) of the Workforce Innovation and 
Opportunity Act (Pub. L. 113-128)
    Abstract: On July 22, 2014, the President signed the Workforce 
Innovation and Opportunity Act (WIOA) (Pub. L. 113-128). WIOA repeals 
the Workforce Investment Act of 1998 (WIA) and amends the Wagner-Peyser 
Act. (29 U.S.C. 2801 et seq.) The Department of Labor issued a Notice 
of Proposed Rulemaking (NPRM) on April 16, 2015, that proposed to 
implement the changes WIOA makes to the public workforce system in 
regulations. Through the NPRM, the Department proposed ways to carry 
out the purposes of WIOA to provide workforce investment activities, 
through State and local workforce development systems, that increase 
employment, retention, and earnings of participants, meet the skill 
requirements of employers, and enhance the productivity and 
competitiveness of the Nation. The Department has analyzed the comments 
received and is developing a final rule.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   04/16/15  80 FR 20690
NPRM Comment Period End.............   06/15/15
Final Rule..........................   06/00/16
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Portia Wu, Assistant Secretary for Employment and 
Training, Department of Labor, Employment and Training Administration, 
200 Constitution Avenue NW., FP Building, Washington, DC 20210, Phone: 
202 639-2700.
    RIN: 1205-AB73

186. Workforce Innovation and Opportunity Act; Joint Rule With U.S. 
Department of Education for Combined and Unified State Plans, 
Performance Accountability, and the One-Stop System Joint Provisions

    Legal Authority: Sec. 503(f) of the Workforce Innovation and 
Opportunity Act (Pub. L. 113-128)
    Abstract: On July 22, 2014, the President signed the Workforce 
Innovation and Opportunity Act (WIOA) (Pub. L. 113-128) which repeals 
the Workforce Investment Act of 1998 (WIA). (29 U.S.C. 2801 et seq.) As 
directed by WIOA, the Departments of Education and Labor issued a 
Notice of Proposed Rulemaking (NPRM) on April 16, 2015, to implement 
the changes in regulations that WIOA makes to the public workforce 
system regarding Combined and Unified State Plans, performance 
accountability for WIOA title I, title II, title III, and title IV 
programs, and the one-stop delivery system.
    All of the other regulations implementing WIOA were published by 
the Departments of Labor and Education in separate NPRMs. The 
Departments have analyzed the comments received and are developing a 
final rule.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   04/16/15  80 FR 20574
NPRM Comment Period End.............   06/15/15
Final Rule..........................   06/00/16
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Portia Wu, Assistant Secretary for Employment and 
Training, Department of Labor, Employment and Training Administration, 
200 Constitution Avenue NW., FP Building, Washington, DC 20210, Phone: 
202 639-2700.
    RIN: 1205-AB74

DEPARTMENT OF LABOR (DOL)

Employee Benefits Security Administration (EBSA)

Completed Actions

187. Conflict of Interest Rule--Investment Advice

    Legal Authority: 29 U.S.C. 1002; ERISA sec 3(21); 29 U.S.C. 1135; 
ERISA sec 505
    Abstract: This rulemaking would reduce harmful conflicts of 
interest by amending the regulatory definition of the term 
``fiduciary'' set forth at 29 CFR 2510.3-21(c) to more broadly define 
as fiduciaries those persons who render investment advice to plans and 
IRAs for a fee within the meaning of section 3(21) of the Employee 
Retirement Income Security Act (ERISA) and section 4975(e)(3) of the 
Internal Revenue Code. The amendment would take into account current 
practices of investment advisers, and the expectations of plan 
officials and participants, and IRA owners who receive investment 
advice, as well as changes that have occurred in the investment 
marketplace, and in the ways advisers are compensated that frequently 
subject advisers to harmful conflicts of interest.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   10/22/10  75 FR 65263
NPRM Comment Period End.............   01/20/11  .......................
Second NPRM.........................   04/20/15  80 FR 21928
Second NPRM Comment Period End......   07/06/15  .......................
Notice of Public Hearing and           06/18/15  80 FR 34869
 Extension of Comment Period.
Extension of Comment Period End.....   07/21/15  .......................
Final Action........................   04/08/16  81 FR 20945
Final Rule Effective................   06/07/16  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Jeffrey J. Turner, Deputy Director, Office of 
Regulations and Interpretations, Department of Labor, Employee Benefits 
Security Administration, 200 Constitution Avenue NW., FP Building, Room 
N-5655, Washington, DC 20210, Phone: 202 693-8500.
    RIN: 1210-AB32


[[Page 37337]]



DEPARTMENT OF LABOR (DOL)

Occupational Safety and Health Administration (OSHA)

Prerule Stage

188. Bloodborne Pathogens (Section 610 Review)

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

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Begin Review........................   10/22/09  .......................
Request for Comments Published......   05/14/10  75 FR 27237
Comment Period End..................   08/12/10  .......................
End Review and Issue Findings.......   10/00/16  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Agency Contact: Amanda Edens, Director, Directorate of Technical 
Support and Emergency Management, Department of Labor, Occupational 
Safety and Health Administration, 200 Constitution Avenue NW., FP 
Building, Room N-3653, Washington, DC 20210, Phone: 202 693-2300, Fax: 
202 693-1644, Email: [email protected].
    RIN: 1218-AC34

189. Combustible Dust

    Legal Authority: 29 U.S.C. 655(b); 29 U.S.C. 657
    Abstract: Occupational Safety and Health Administration (OSHA) has 
initiated rulemaking to develop a combustible dust standard for general 
industry. OSHA will use information gathered, including from an 
upcoming SBREFA panel, to develop a comprehensive standard that 
addresses combustible dust hazards.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
ANPRM...............................   10/21/09  74 FR 54333
Stakeholder Meetings................   12/14/09  .......................
ANPRM Comment Period End............   01/19/10  .......................
Stakeholders Meetings...............   03/09/10  75 FR 10739
Initiate SBREFA.....................   10/00/16  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: William Perry, Director, Directorate of Standards 
and Guidance, Department of Labor, Occupational Safety and Health 
Administration, 200 Constitution Avenue NW., FP Building, Room N-3718, 
Washington, DC 20210, Phone: 202 693-1950, Fax: 202 693-1678, Email: 
[email protected]
    RIN: 1218-AC41

190. Preventing Backover Injuries And Fatalities

    Legal Authority: 29 U.S.C. 655(b)
    Abstract: Backing vehicles and equipment are common causes of 
struck-by injuries and can also cause caught-between injuries when 
backing vehicles and equipment pin a worker against an object. Struck-
by injuries and caught-between injuries are two of the four leading 
causes of workplace fatalities. The Bureau of Labor Statistics reports 
that in 2013, 67 workers were fatally backed over while working. While 
many backing incidents can prove to be fatal, workers can suffer 
severe, non-fatal injuries as well. A review of OSHA's Integrated 
Management Information System (IMIS) database found that backing 
incidents can result in serious injury to the back and pelvis, 
fractured bones, concussions, amputations, and other injuries. Emerging 
technologies in the field of backing operations may prevent incidents. 
The technologies include cameras and proximity detection systems. The 
use of spotters and internal traffic control plans can also make 
backing operations safer. The Agency has held stakeholder meetings on 
backovers, and is conducting site visits to employers, and is 
developing a standard to address these hazards.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Request for Information (RFI).......   03/29/12  77 FR 18973
RFI Comment Period End..............   07/27/12  .......................
Initiate SBREFA.....................   12/00/16  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Dean Mckenzie, Acting Director, Directorate of 
Construction, Department of Labor, Occupational Safety and Health 
Administration, Room N-3468, FP Building, 200 Constitution Avenue NW., 
Washington, DC 20210, Phone: 202 693-2020, Fax: 202 693-1689, Email: 
[email protected].
    RIN: 1218-AC51

DEPARTMENT OF LABOR (DOL)

Occupational Safety and Health Administration (OSHA)

Proposed Rule Stage

191. Occupational Exposure to Beryllium

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

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

[[Page 37338]]

 
NPRM................................   08/07/15  80 FR 47565
NPRM Comment Period End.............   11/05/15  .......................
Notice of Public Hearing; Date 02/29/  12/30/15  80 FR 81475
 2016.
Notice of Public Hearing; Date         02/16/16  81 FR 7717
 Change 03/21/2016.
Analyze Comments....................   06/00/16  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: William Perry, Director, Directorate of Standards 
and Guidance, Department of Labor, Occupational Safety and Health 
Administration, 200 Constitution Avenue NW., FP Building, Room N-3718, 
Washington, DC 20210, Phone: 202 693-1950, Fax: 202 693-1678, Email: 
[email protected].
    RIN: 1218-AB76

192. Infectious Diseases

    Legal Authority: 5 U.S.C. 533; 29 U.S.C. 657 and 658; 29 U.S.C. 
660; 29 U.S.C. 666; 29 U.S.C. 669; 29 U.S.C. 673
    Abstract: Employees in health care and other high-risk environments 
face long-standing infectious disease hazards such as tuberculosis 
(TB), varicella disease (chickenpox, shingles), and measles (rubeola), 
as well as new and emerging infectious disease threats, such as Severe 
Acute Respiratory Syndrome (SARS) and pandemic influenza. Health care 
workers and workers in related occupations, or who are exposed in other 
high-risk environments, are at increased risk of contracting TB, SARS, 
Methicillin-resistant Staphylococcus aureus (MRSA), and other 
infectious diseases that can be transmitted through a variety of 
exposure routes. OSHA is concerned about the ability of employees to 
continue to provide health care and other critical services without 
unreasonably jeopardizing their health. OSHA is developing a standard 
to ensure that employers establish a comprehensive infection control 
program and control measures to protect employees from infectious 
disease exposures to pathogens that can cause significant disease. 
Workplaces where such control measures might be necessary include: 
Health care, emergency response, correctional facilities, homeless 
shelters, drug treatment programs, and other occupational settings 
where employees can be at increased risk of exposure to potentially 
infectious people. A standard could also apply to laboratories, which 
handle materials that may be a source of pathogens, and to 
pathologists, coroners' offices, medical examiners, and mortuaries.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Request for Information (RFI).......   05/06/10  75 FR 24835
RFI Comment Period End..............   08/04/10  .......................
Analyze Comments....................   12/30/10  .......................
Stakeholder Meetings................   07/05/11  76 FR 39041
Initiate SBREFA.....................   06/04/14  .......................
Complete SBREFA.....................   12/22/14  .......................
NPRM................................   03/00/17  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: William Perry, Director, Directorate of Standards 
and Guidance, Department of Labor, Occupational Safety and Health 
Administration, 200 Constitution Avenue NW., FP Building, Room N-3718, 
Washington, DC 20210, Phone: 202 693-1950, Fax: 202 693-1678, Email: 
[email protected].
    RIN: 1218-AC46

DEPARTMENT OF LABOR (DOL)

Occupational Safety and Health Administration (OSHA)

Long-Term Actions

193. Injury and Illness Prevention Program

    Legal Authority: 29 U.S.C. 653; 29 U.S.C. 655(b); 29 U.S.C. 657
    Abstract: OSHA is developing a rule requiring employers to 
implement an Injury and Illness Prevention Program. It involves 
planning, implementing, evaluating, and improving processes and 
activities that protect employee safety and health. OSHA has 
substantial data on reductions in injuries and illnesses from employers 
who have implemented similar effective processes. The Agency currently 
has voluntary Safety and Health Program Management Guidelines (54 FR 
3904 to 3916), published in 1989. An injury and illness prevention 
program rule would build on these guidelines as well as lessons learned 
from successful approaches and best practices under OSHA's Voluntary 
Protection Program, Safety and Health Achievement Recognition Program, 
and similar industry and international initiatives such as American 
National Standards Institute/American Industrial Hygiene Association 
Z10, and Occupational Health and Safety Assessment Series 18001.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Notice of Stakeholder Meetings......   05/04/10  75 FR 23637
Notice of Additional Stakeholder       06/22/10  75 FR 35360
 Meetings.
                                     -----------------------------------
SBREFA..............................           To Be Determined
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: William Perry, Director, Directorate of Standards 
and Guidance, Department of Labor, Occupational Safety and Health 
Administration, 200 Constitution Avenue NW., FP Building, Room N-3718, 
Washington, DC 20210, Phone: 202 693-1950, Fax: 202 693-1678, Email: 
[email protected].
    RIN: 1218-AC48

DEPARTMENT OF LABOR (DOL)

Occupational Safety and Health Administration (OSHA)

Completed Actions

194. Occupational Exposure to Crystalline Silica

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

[[Page 37339]]

medical surveillance, and worker training. ASTM International has 
published recommended standards for addressing the hazards of 
crystalline silica. The Building Construction Trades Department of the 
AFL-CIO has also developed a recommended comprehensive program 
standard. These standards include provisions for methods of compliance, 
exposure monitoring, training, and medical surveillance.
    The NPRM was published on September 12, 2013 (78 FR 56274). OSHA 
received over 1,700 comments from the public on the proposed rule, and 
over 200 stakeholders provided testimony during public hearings on the 
proposal. The agency is now reviewing and considering the evidence in 
the rulemaking record.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Completed SBREFA Report.............   12/19/03  .......................
Initiated Peer Review of Health        05/22/09  .......................
 Effects and Risk Assessment.
Completed Peer Review...............   01/24/10  .......................
NPRM................................   09/12/13  78 FR 56274
NPRM Comment Period Extended; Notice   10/31/13  78 FR 65242
 of Intention to Appear at Pub
 Hearing; Scheduling Pub Hearing.
NPRM Comment Period Extended........   01/29/14  79 FR 4641
NPRM Comment Period Extended End....   02/11/14  .......................
Informal Public Hearing.............   03/18/14  .......................
Post Hearing Briefs Ends............   08/18/14  .......................
Final Rule..........................   03/25/16  81 FR 16285
Final Rule Effective................   06/23/16  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: William Perry, Director, Directorate of Standards 
and Guidance, Department of Labor, Occupational Safety and Health 
Administration, 200 Constitution Avenue NW., FP Building, Room N-3718, 
Washington, DC 20210, Phone: 202 693-1950, Fax: 202 693-1678, Email: 
[email protected].
    RIN: 1218-AB70

[FR Doc. 2016-12911 Filed 6-8-16; 8:45 am]
 BILLING CODE 4510-HL-P



                                                  37334                          Federal Register / Vol. 81, No. 111 / Thursday, June 9, 2016 / Unified Agenda

                                                  DEPARTMENT OF LABOR                                                    agenda in the Federal Register. This                                        The Regulatory Flexibility Act (5
                                                                                                                         Federal Register Notice contains the                                     U.S.C. 602) requires DOL to publish in
                                                  Office of the Secretary                                                regulatory flexibility agenda.                                           the Federal Register a regulatory
                                                                                                                                                                                                  flexibility agenda. The Department’s
                                                                                                                         FOR FURTHER INFORMATION CONTACT:
                                                  20 CFR Chs. I, IV, V, VI, VII, and IX                                                                                                           Regulatory Flexibility Agenda published
                                                                                                                         Kathleen Franks, Director, Office of
                                                                                                                                                                                                  with this notice includes only those
                                                  29 CFR Subtitle A and Chs. II, IV, V,                                  Regulatory Policy, Office of the
                                                                                                                                                                                                  rules on its semiannual agenda that are
                                                  XVII, and XXV                                                          Assistant Secretary for Policy, U.S.
                                                                                                                                                                                                  likely to have a significant economic
                                                                                                                         Department of Labor, 200 Constitution
                                                                                                                                                                                                  impact on a substantial number of small
                                                  30 CFR Ch. I                                                           Avenue NW., Room S–2312,
                                                                                                                                                                                                  entities; and those rules identified for
                                                                                                                         Washington, DC 20210; (202) 693–5959.
                                                                                                                                                                                                  periodic review in keeping with the
                                                  41 CFR Ch. 60                                                            Note: Information pertaining to a specific                             requirements of section 610 of the
                                                                                                                         regulation can be obtained from the agency                               Regulatory Flexibility Act. Thus, the
                                                  48 CFR Ch. 29                                                          contact listed for that particular regulation.                           regulatory flexibility agenda is a subset
                                                                                                                                                                                                  of the Department’s semiannual
                                                  Semiannual Agenda of Regulations                                       SUPPLEMENTARY INFORMATION:       Executive
                                                                                                                                                                                                  regulatory agenda. There is only one
                                                                                                                         Order 12866 requires the semiannual
                                                  AGENCY:      Office of the Secretary, Labor.                                                                                                    item on the Department of Labor’s
                                                                                                                         publication of an agenda of regulations
                                                                                                                                                                                                  Regulatory Flexibility Agenda:
                                                  ACTION:     Semiannual Regulatory Agenda.                              that contains a listing of all the
                                                                                                                         regulations the Department of Labor                                      Occupational Safety and Health
                                                  SUMMARY:  The Internet has become the                                  expects to have under active                                             Administration
                                                  means for disseminating the entirety of                                consideration for promulgation,                                           Bloodborne Pathogens (RIN 1218–
                                                  the Department of Labor’s semiannual                                   proposal, or review during the coming                                    AC34).
                                                  regulatory agenda. However, the                                        one-year period. The entirety of the
                                                  Regulatory Flexibility Act requires                                    Department’s semiannual agenda is                                        Thomas E. Perez,
                                                  publication of a regulatory flexibility                                available online at www.reginfo.gov.                                     Secretary of Labor.

                                                                                                                 WAGE AND HOUR DIVISION—FINAL RULE STAGE
                                                                                                                                                                                                                                               Regulation
                                                    Sequence No.                                                                                        Title                                                                                 Identifier No.

                                                  182 ....................   Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales, and                                                              1235–AA11
                                                                               Computer Employees.
                                                  183 ....................   Establishing Paid Sick Leave for Contractors, Executive Order 13706 ..........................................................                                      1235–AA13


                                                                                            EMPLOYMENT AND TRAINING ADMINISTRATION—PROPOSED RULE STAGE
                                                                                                                                                                                                                                               Regulation
                                                    Sequence No.                                                                                        Title                                                                                 Identifier No.

                                                  184 ....................   Modernizing the Permanent Labor Certification Program (PERM) .................................................................                                      1205–AB75


                                                                                                EMPLOYMENT AND TRAINING ADMINISTRATION—FINAL RULE STAGE
                                                                                                                                                                                                                                               Regulation
                                                    Sequence No.                                                                                        Title                                                                                 Identifier No.

                                                  185 ....................   Workforce Innovation and Opportunity Act ......................................................................................................                     1205–AB73
                                                  186 ....................   Workforce Innovation and Opportunity Act; Joint Rule With U.S. Department of Education for Combined                                                                 1205–AB74
                                                                              and Unified State Plans, Performance Accountability, and the One-Stop System Joint Provisions.


                                                                                            EMPLOYEE BENEFITS SECURITY ADMINISTRATION—COMPLETED ACTIONS
                                                                                                                                                                                                                                               Regulation
                                                    Sequence No.                                                                                        Title                                                                                 Identifier No.

                                                  187 ....................   Conflict of Interest Rule—Investment Advice ..................................................................................................                      1210–AB32


                                                                                           OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION—PRERULE STAGE
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                                                                                                                                                                                                                                               Regulation
                                                    Sequence No.                                                                                        Title                                                                                 Identifier No.

                                                  188 ....................   Bloodborne Pathogens (Section 610 Review) ...............................................................................................                           1218–AC34
                                                  189 ....................   Combustible Dust .............................................................................................................................................      1218–AC41
                                                  190 ....................   Preventing Backover Injuries and Fatalities ....................................................................................................                    1218–AC51




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                                                                                 Federal Register / Vol. 81, No. 111 / Thursday, June 9, 2016 / Unified Agenda                                                                                       37335

                                                                                    OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION—PROPOSED RULE STAGE
                                                                                                                                                                                                                                               Regulation
                                                    Sequence No.                                                                                        Title                                                                                 Identifier No.

                                                  191 ....................   Occupational Exposure to Beryllium ................................................................................................................                 1218–AB76
                                                  192 ....................   Infectious Diseases ..........................................................................................................................................      1218–AC46


                                                                                       OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION—LONG-TERM ACTIONS
                                                                                                                                                                                                                                               Regulation
                                                    Sequence No.                                                                                        Title                                                                                 Identifier No.

                                                  193 ....................   Injury and Illness Prevention Program .............................................................................................................                 1218–AC48


                                                                                       OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION—COMPLETED ACTIONS
                                                                                                                                                                                                                                               Regulation
                                                    Sequence No.                                                                                        Title                                                                                 Identifier No.

                                                  194 ....................   Occupational Exposure to Crystalline Silica ....................................................................................................                    1218–AB70



                                                  DEPARTMENT OF LABOR (DOL)                                              Policy, Wage and Hour (WHD),                                               Regulatory Flexibility Analysis
                                                                                                                         Department of Labor, Wage and Hour                                       Required: Yes.
                                                  Wage and Hour Division (WHD)
                                                                                                                         Division, 200 Constitution Avenue NW.,                                     Agency Contact: Robert Waterman,
                                                  Final Rule Stage                                                       Room S–3502, FP Building,                                                Compliance Specialist, Department of
                                                  182. Defining and Delimiting the                                       Washington, DC 20210, Phone: 202 693–                                    Labor, Wage and Hour Division, 200
                                                  Exemptions for Executive,                                              0406, Fax: 202 693–1387.                                                 Constitution Avenue NW., Room S–
                                                  Administrative, Professional, Outside                                    RIN: 1235–AA11                                                         3010, Washington, DC 20210, Phone:
                                                  Sales, and Computer Employees                                                                                                                   202 693–0805, Email: waterman.robert@
                                                                                                                         183. Establishing Paid Sick Leave for                                    dol.gov.
                                                     Legal Authority: 29 U.S.C. 213(a)(1)                                Contractors, Executive Order 13706
                                                                                                                                                                                                    RIN: 1235–AA13
                                                  (Fair Labor Standards Act)                                               Legal Authority: Not Yet Determined
                                                     Abstract: The Department proposes to                                  Abstract: Executive Order 13706,
                                                  update the regulations governing which                                 Establishing Paid Sick Leave for Federal
                                                  executive, administrative, and                                                                                                                  DEPARTMENT OF LABOR (DOL)
                                                                                                                         Contractors (80 FR 54697) establishes
                                                  professional employees (white collar                                                                                                            Employment and Training
                                                                                                                         paid sick leave for Federal contractors
                                                  workers) are entitled to the Fair Labor                                                                                                         Administration (ETA)
                                                                                                                         and subcontractors. The Executive order
                                                  Standards Act’s minimum wage and
                                                                                                                         indicates that Executive Departments
                                                  overtime pay protections. Key                                                                                                                   Proposed Rule Stage
                                                                                                                         and agencies shall, to the extent
                                                  provisions of the proposed rule include:
                                                                                                                         permitted by law, ensure that new                                        184. Modernizing the Permanent Labor
                                                  (1) Setting the standard salary level
                                                                                                                         contracts, contract-like instruments, and                                Certification Program (PERM)
                                                  required for exemption for full-time
                                                                                                                         solicitations as described in section 6 of                                 Legal Authority: 8 U.S.C.
                                                  salaried workers; (2) increasing the total
                                                                                                                         the order, include a clause, which the                                   1152(a)(5)(A)
                                                  annual compensation requirement
                                                                                                                         contractor and any subcontractors shall                                    Abstract: The PERM regulations
                                                  needed to exempt highly compensated
                                                  employees; and (3) establishing a                                      incorporate into lower-tier subcontracts,                                govern the labor certification process for
                                                  mechanism for automatically updating                                   specifying that all employees, in the                                    employers seeking to employ foreign
                                                  the salary and compensation levels                                     performance of the contract or any                                       workers permanently in the United
                                                  going forward to ensure that they will                                 subcontract thereunder, shall earn not                                   States. The Department of Labor
                                                  continue to provide a useful and                                       less than one hour of paid sick leave for                                (Department) has not comprehensively
                                                  effective test for exemption. The                                      every 30 hours worked. Consistent with                                   examined and modified the permanent
                                                  Department last updated these                                          the Executive order, the Department of                                   labor certification requirements and
                                                  regulations in 2004, which, among other                                Labor will issue implementing                                            process since 2004. Over the last ten
                                                  items, set the standard salary level at                                regulations.                                                             years, much has changed in our
                                                  not less than $455 per week.                                             Timetable:                                                             country’s economy, affecting employers’
                                                     Timetable:                                                                                                                                   demand for workers and the availability
                                                                                                                                  Action                    Date               FR Cite
                                                                                                                                                                                                  of a qualified domestic labor force.
                                                          Action                  Date               FR Cite                                                                                      Advances in technology and
                                                                                                                         NPRM ..................          02/25/16        81 FR 9592
                                                                                                                                                                                                  information dissemination have
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                                                  NPRM ..................       07/06/15         80 FR 38516             NPRM Comment                     03/28/16
                                                  NPRM Comment                  09/04/15                                   Period End.                                                            dramatically altered common industry
                                                    Period End.                                                          NPRM Comment                     03/14/16        81 FR 13306             recruitment practices, and the
                                                  Final Rule ............       05/00/16                                   Period Ex-                                                             Department has received ongoing
                                                                                                                           tended.                                                                feedback that the existing regulatory
                                                    Regulatory Flexibility Analysis                                      NPRM Comment                     04/12/16                                requirements governing the PERM
                                                                                                                           Period Ex-                                                             process frequently do not align with
                                                  Required: Yes.
                                                                                                                           tended End.
                                                    Agency Contact: Mary Ziegler,                                        Final Rule ............          09/00/16
                                                                                                                                                                                                  worker or industry needs and practices.
                                                  Assistant Administrator, Office of                                                                                                              Therefore, the Department is engaging


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                                                  37336                      Federal Register / Vol. 81, No. 111 / Thursday, June 9, 2016 / Unified Agenda

                                                  in rulemaking that will consider options                         Action                Date          FR Cite      DEPARTMENT OF LABOR (DOL)
                                                  to modernize the PERM program to be
                                                  more responsive to changes in the                         NPRM Comment              06/15/15                      Employee Benefits Security
                                                  national workforce, to further align the                    Period End.                                           Administration (EBSA)
                                                  program design with the objectives of                     Final Rule ............   06/00/16
                                                                                                                                                                    Completed Actions
                                                  the U.S. immigration system and needs
                                                  of workers and employers, and to                            Regulatory Flexibility Analysis                       187. Conflict of Interest Rule—
                                                  enhance the integrity of the labor                        Required: Yes.                                          Investment Advice
                                                  certification process.                                      Agency Contact: Portia Wu, Assistant
                                                                                                            Secretary for Employment and Training,                     Legal Authority: 29 U.S.C. 1002;
                                                    Timetable:                                                                                                      ERISA sec 3(21); 29 U.S.C. 1135; ERISA
                                                                                                            Department of Labor, Employment and
                                                         Action               Date           FR Cite        Training Administration, 200                            sec 505
                                                                                                            Constitution Avenue NW., FP Building,                      Abstract: This rulemaking would
                                                  NPRM ..................    05/00/16                       Washington, DC 20210, Phone: 202 639–                   reduce harmful conflicts of interest by
                                                                                                            2700.                                                   amending the regulatory definition of
                                                    Regulatory Flexibility Analysis                           RIN: 1205–AB73                                        the term ‘‘fiduciary’’ set forth at 29 CFR
                                                  Required: Yes.                                                                                                    2510.3–21(c) to more broadly define as
                                                    Agency Contact: William W.                              186. Workforce Innovation and                           fiduciaries those persons who render
                                                  Thompson II, Acting Administrator,                        Opportunity Act; Joint Rule With U.S.                   investment advice to plans and IRAs for
                                                  Office of Foreign Labor Certification,                    Department of Education for Combined                    a fee within the meaning of section
                                                  Department of Labor, Employment and                       and Unified State Plans, Performance                    3(21) of the Employee Retirement
                                                  Training Administration, 200                              Accountability, and the One-Stop
                                                                                                                                                                    Income Security Act (ERISA) and
                                                  Constitution Avenue NW., FP Building,                     System Joint Provisions
                                                                                                                                                                    section 4975(e)(3) of the Internal
                                                  Room C–4312, Washington, DC 20210,                           Legal Authority: Sec. 503(f) of the                  Revenue Code. The amendment would
                                                  Phone: 202 693–3010.                                      Workforce Innovation and Opportunity                    take into account current practices of
                                                    RIN: 1205–AB75                                          Act (Pub. L. 113–128)                                   investment advisers, and the
                                                                                                               Abstract: On July 22, 2014, the                      expectations of plan officials and
                                                                                                            President signed the Workforce                          participants, and IRA owners who
                                                  DEPARTMENT OF LABOR (DOL)                                 Innovation and Opportunity Act                          receive investment advice, as well as
                                                                                                            (WIOA) (Pub. L. 113–128) which repeals                  changes that have occurred in the
                                                  Employment and Training                                   the Workforce Investment Act of 1998                    investment marketplace, and in the
                                                  Administration (ETA)                                      (WIA). (29 U.S.C. 2801 et seq.) As                      ways advisers are compensated that
                                                  Final Rule Stage                                          directed by WIOA, the Departments of                    frequently subject advisers to harmful
                                                                                                            Education and Labor issued a Notice of                  conflicts of interest.
                                                  185. Workforce Innovation and                             Proposed Rulemaking (NPRM) on April
                                                  Opportunity Act                                                                                                      Timetable:
                                                                                                            16, 2015, to implement the changes in
                                                    Legal Authority: Sec. 503(f) of the                     regulations that WIOA makes to the                               Action            Date        FR Cite
                                                  Workforce Innovation and Opportunity                      public workforce system regarding
                                                  Act (Pub. L. 113–128)                                     Combined and Unified State Plans,                       NPRM ..................   10/22/10   75 FR 65263
                                                    Abstract: On July 22, 2014, the                         performance accountability for WIOA                     NPRM Comment              01/20/11
                                                  President signed the Workforce                            title I, title II, title III, and title IV                Period End.
                                                  Innovation and Opportunity Act                            programs, and the one-stop delivery                     Second NPRM ....          04/20/15   80 FR 21928
                                                  (WIOA) (Pub. L. 113–128). WIOA                            system.                                                 Second NPRM               07/06/15
                                                  repeals the Workforce Investment Act of                      All of the other regulations                           Comment Pe-
                                                                                                                                                                      riod End.
                                                  1998 (WIA) and amends the Wagner-                         implementing WIOA were published by
                                                                                                                                                                    Notice of Public          06/18/15   80 FR 34869
                                                  Peyser Act. (29 U.S.C. 2801 et seq.) The                  the Departments of Labor and Education
                                                                                                                                                                      Hearing and
                                                  Department of Labor issued a Notice of                    in separate NPRMs. The Departments                        Extension of
                                                  Proposed Rulemaking (NPRM) on April                       have analyzed the comments received                       Comment Pe-
                                                  16, 2015, that proposed to implement                      and are developing a final rule.                          riod.
                                                  the changes WIOA makes to the public                         Timetable:                                           Extension of              07/21/15
                                                  workforce system in regulations.                                                                                    Comment Pe-
                                                  Through the NPRM, the Department                                 Action                Date          FR Cite        riod End.
                                                  proposed ways to carry out the purposes                                                                           Final Action .........    04/08/16   81 FR 20945
                                                  of WIOA to provide workforce                              NPRM ..................   04/16/15       80 FR 20574    Final Rule Effec-         06/07/16
                                                                                                            NPRM Comment              06/15/15                        tive.
                                                  investment activities, through State and
                                                                                                              Period End.
                                                  local workforce development systems,                      Final Rule ............   06/00/16
                                                  that increase employment, retention,                                                                                Regulatory Flexibility Analysis
                                                  and earnings of participants, meet the                                                                            Required: Yes.
                                                                                                              Regulatory Flexibility Analysis
                                                  skill requirements of employers, and                                                                                Agency Contact: Jeffrey J. Turner,
                                                                                                            Required: Yes.
                                                  enhance the productivity and
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                                                                                                              Agency Contact: Portia Wu, Assistant                  Deputy Director, Office of Regulations
                                                  competitiveness of the Nation. The                                                                                and Interpretations, Department of
                                                  Department has analyzed the comments                      Secretary for Employment and Training,
                                                                                                            Department of Labor, Employment and                     Labor, Employee Benefits Security
                                                  received and is developing a final rule.                                                                          Administration, 200 Constitution
                                                                                                            Training Administration, 200
                                                    Timetable:                                                                                                      Avenue NW., FP Building, Room N–
                                                                                                            Constitution Avenue NW., FP Building,
                                                                                                            Washington, DC 20210, Phone: 202 639–                   5655, Washington, DC 20210, Phone:
                                                         Action               Date           FR Cite
                                                                                                            2700.                                                   202 693–8500.
                                                  NPRM ..................   04/16/15      80 FR 20690         RIN: 1205–AB74                                          RIN: 1210–AB32


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                                                                           Federal Register / Vol. 81, No. 111 / Thursday, June 9, 2016 / Unified Agenda                                              37337

                                                  DEPARTMENT OF LABOR (DOL)                                      Action                Date          FR Cite      Building, 200 Constitution Avenue NW.,
                                                                                                                                                                  Washington, DC 20210, Phone: 202 693–
                                                  Occupational Safety and Health                          Stakeholders             03/09/10        75 FR 10739    2020, Fax: 202 693–1689, Email:
                                                  Administration (OSHA)                                      Meetings.                                            mckenzie.dean@dol.gov.
                                                  Prerule Stage                                           Initiate SBREFA ..       10/00/16                         RIN: 1218–AC51
                                                  188. Bloodborne Pathogens (Section 610                    Regulatory Flexibility Analysis
                                                  Review)                                                 Required: Yes.
                                                    Legal Authority: 5 U.S.C. 533; 5 U.S.C.                 Agency Contact: William Perry,                        DEPARTMENT OF LABOR (DOL)
                                                  610; 29 U.S.C. 655(b)                                   Director, Directorate of Standards and                  Occupational Safety and Health
                                                    Abstract: OSHA will undertake a                       Guidance, Department of Labor,                          Administration (OSHA)
                                                  review of the Bloodborne Pathogen                       Occupational Safety and Health
                                                  Standard (29 CFR 1910.1030) in                          Administration, 200 Constitution                        Proposed Rule Stage
                                                  accordance with the requirements of the                 Avenue NW., FP Building, Room N–                        191. Occupational Exposure to
                                                  Regulatory Flexibility Act and section 5                3718, Washington, DC 20210, Phone:                      Beryllium
                                                  of Executive Order 12866. The review                    202 693–1950, Fax: 202 693–1678,
                                                                                                          Email: perry.bill@dol.gov                                  Legal Authority: 29 U.S.C. 655(b); 29
                                                  will consider the continued need for the                                                                        U.S.C. 657
                                                  rule; whether the rule overlaps,                          RIN: 1218–AC41
                                                                                                                                                                     Abstract: In 1999 and 2001, OSHA
                                                  duplicates, or conflicts with other                     190. Preventing Backover Injuries And                   was petitioned to issue an emergency
                                                  Federal, State or local regulations; and                Fatalities                                              temporary standard for permissible
                                                  the degree to which technology,                                                                                 exposure limit (PEL) to beryllium by the
                                                                                                             Legal Authority: 29 U.S.C. 655(b)
                                                  economic conditions, or other factors                                                                           United Steel Workers (formerly the
                                                                                                             Abstract: Backing vehicles and
                                                  may have changed since the rule was                                                                             Paper Allied-Industrial, Chemical, and
                                                                                                          equipment are common causes of
                                                  evaluated.                                                                                                      Energy Workers Union), Public Citizen
                                                                                                          struck-by injuries and can also cause
                                                    Timetable:                                                                                                    Health Research Group, and others. The
                                                                                                          caught-between injuries when backing
                                                                                                          vehicles and equipment pin a worker                     Agency denied the petitions but stated
                                                         Action             Date           FR Cite
                                                                                                          against an object. Struck-by injuries and               its intent to begin data gathering to
                                                  Begin Review ......      10/22/09                       caught-between injuries are two of the                  collect needed information on
                                                  Request for Com-         05/14/10     75 FR 27237       four leading causes of workplace                        beryllium’s toxicity, risks, and patterns
                                                    ments Pub-                                            fatalities. The Bureau of Labor Statistics              of usage. On November 26, 2002, OSHA
                                                    lished.                                               reports that in 2013, 67 workers were                   published a Request for Information
                                                  Comment Period          08/12/10                        fatally backed over while working.                      (RFI) (67 FR 70707) to solicit
                                                    End.                                                                                                          information pertinent to occupational
                                                  End Review and          10/00/16
                                                                                                          While many backing incidents can
                                                                                                          prove to be fatal, workers can suffer                   exposure to beryllium, including:
                                                    Issue Findings.
                                                                                                          severe, non-fatal injuries as well. A                   current exposures to beryllium; the
                                                                                                          review of OSHA’s Integrated                             relationship between exposure to
                                                    Regulatory Flexibility Analysis
                                                                                                          Management Information System (IMIS)                    beryllium and the development of
                                                  Required: No.
                                                    Agency Contact: Amanda Edens,                         database found that backing incidents                   adverse health effects; exposure
                                                  Director, Directorate of Technical                      can result in serious injury to the back                assessment and monitoring methods;
                                                  Support and Emergency Management,                       and pelvis, fractured bones,                            exposure control methods; and medical
                                                  Department of Labor, Occupational                       concussions, amputations, and other                     surveillance. In addition, the Agency
                                                  Safety and Health Administration, 200                   injuries. Emerging technologies in the                  conducted field surveys of selected
                                                  Constitution Avenue NW., FP Building,                   field of backing operations may prevent                 worksites to assess current exposures
                                                  Room N–3653, Washington, DC 20210,                      incidents. The technologies include                     and control methods being used to
                                                  Phone: 202 693–2300, Fax: 202 693–                      cameras and proximity detection                         reduce employee exposures to
                                                  1644, Email: edens.mandy@dol.gov.                       systems. The use of spotters and                        beryllium. OSHA convened a Small
                                                    RIN: 1218–AC34                                        internal traffic control plans can also                 Business Advocacy Review Panel under
                                                                                                          make backing operations safer. The                      the Small Business Regulatory
                                                  189. Combustible Dust                                   Agency has held stakeholder meetings                    Enforcement Fairness Act (SBREFA)
                                                    Legal Authority: 29 U.S.C. 655(b); 29                 on backovers, and is conducting site                    and completed the SBREFA Report in
                                                  U.S.C. 657                                              visits to employers, and is developing a                January 2008. OSHA also completed a
                                                    Abstract: Occupational Safety and                     standard to address these hazards.                      scientific peer review of its draft risk
                                                  Health Administration (OSHA) has                           Timetable:                                           assessment.
                                                  initiated rulemaking to develop a                                                                                  Timetable:
                                                  combustible dust standard for general                          Action                Date          FR Cite
                                                  industry. OSHA will use information                                                                                      Action       Date        FR Cite
                                                  gathered, including from an upcoming                    Request for Infor-       03/29/12        77 FR 18973
                                                                                                             mation (RFI).                                        Request for Infor-   11/26/02   67 FR 70707
                                                  SBREFA panel, to develop a                                                                                         mation (RFI).
                                                                                                          RFI Comment Pe-          07/27/12
                                                  comprehensive standard that addresses                      riod End.                                            RFI Comment Pe-      02/24/03
                                                  combustible dust hazards.                               Initiate SBREFA ..       12/00/16                          riod End.
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                                                    Timetable:                                                                                                    SBREFA Report        01/23/08
                                                                                                            Regulatory Flexibility Analysis                          Completed.
                                                         Action             Date           FR Cite                                                                Initiated Peer Re-   03/22/10
                                                                                                          Required: Yes.
                                                                                                                                                                     view of Health
                                                  ANPRM ...............   10/21/09      74 FR 54333
                                                                                                            Agency Contact: Dean Mckenzie,
                                                                                                                                                                     Effects and
                                                  Stakeholder Meet-       12/14/09                        Acting Director, Directorate of                            Risk Assess-
                                                    ings.                                                 Construction, Department of Labor,                         ment.
                                                  ANPRM Comment           01/19/10                        Occupational Safety and Health                          Complete Peer        11/19/10
                                                    Period End.                                           Administration, Room N–3468, FP                            Review.



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                                                  37338                      Federal Register / Vol. 81, No. 111 / Thursday, June 9, 2016 / Unified Agenda

                                                         Action               Date           FR Cite        laboratories, which handle materials                    Health and Safety Assessment Series
                                                                                                            that may be a source of pathogens, and                  18001.
                                                  NPRM ..................   08/07/15      80 FR 47565       to pathologists, coroners’ offices,                       Timetable:
                                                  NPRM Comment              11/05/15                        medical examiners, and mortuaries.
                                                    Period End.                                               Timetable:                                                     Action          Date        FR Cite
                                                  Notice of Public          12/30/15      80 FR 81475
                                                    Hearing; Date                                                  Action                Date          FR Cite      Notice of Stake-        05/04/10   75 FR 23637
                                                    02/29/2016.                                                                                                       holder Meetings.
                                                  Notice of Public          02/16/16      81 FR 7717        Request for Infor-        05/06/10       75 FR 24835    Notice of Addi-         06/22/10   75 FR 35360
                                                    Hearing; Date                                              mation (RFI).                                          tional Stake-
                                                    Change 03/21/                                           RFI Comment Pe-           08/04/10                        holder Meetings.
                                                    2016.                                                      riod End.
                                                  Analyze Com-               06/00/16                       Analyze Com-              12/30/10                      SBREFA ..............     To Be Determined
                                                    ments.                                                     ments.
                                                                                                            Stakeholder Meet-         07/05/11       76 FR 39041      Regulatory Flexibility Analysis
                                                    Regulatory Flexibility Analysis                            ings.                                                Required: Yes.
                                                  Required: Yes.                                            Initiate SBREFA ..        06/04/14                        Agency Contact: William Perry,
                                                    Agency Contact: William Perry,                          Complete                  12/22/14                      Director, Directorate of Standards and
                                                  Director, Directorate of Standards and                       SBREFA.
                                                                                                                                                                    Guidance, Department of Labor,
                                                  Guidance, Department of Labor,                            NPRM ..................   03/00/17
                                                                                                                                                                    Occupational Safety and Health
                                                  Occupational Safety and Health                                                                                    Administration, 200 Constitution
                                                  Administration, 200 Constitution                            Regulatory Flexibility Analysis
                                                                                                            Required: Yes.                                          Avenue NW., FP Building, Room N–
                                                  Avenue NW., FP Building, Room N–                                                                                  3718, Washington, DC 20210, Phone:
                                                  3718, Washington, DC 20210, Phone:                          Agency Contact: William Perry,
                                                                                                            Director, Directorate of Standards and                  202 693–1950, Fax: 202 693–1678,
                                                  202 693–1950, Fax: 202 693–1678,                                                                                  Email: perry.bill@dol.gov.
                                                  Email: perry.bill@dol.gov.                                Guidance, Department of Labor,
                                                                                                            Occupational Safety and Health                            RIN: 1218–AC48
                                                    RIN: 1218–AB76
                                                                                                            Administration, 200 Constitution
                                                  192. Infectious Diseases                                  Avenue NW., FP Building, Room N–
                                                     Legal Authority: 5 U.S.C. 533; 29                      3718, Washington, DC 20210, Phone:                      DEPARTMENT OF LABOR (DOL)
                                                  U.S.C. 657 and 658; 29 U.S.C. 660; 29                     202 693–1950, Fax: 202 693–1678,
                                                  U.S.C. 666; 29 U.S.C. 669; 29 U.S.C. 673                  Email: perry.bill@dol.gov.                              Occupational Safety and Health
                                                     Abstract: Employees in health care                       RIN: 1218–AC46                                        Administration (OSHA)
                                                  and other high-risk environments face                                                                             Completed Actions
                                                  long-standing infectious disease hazards
                                                  such as tuberculosis (TB), varicella                                                                              194. Occupational Exposure to
                                                                                                            DEPARTMENT OF LABOR (DOL)                               Crystalline Silica
                                                  disease (chickenpox, shingles), and
                                                  measles (rubeola), as well as new and                     Occupational Safety and Health                             Legal Authority: 29 U.S.C. 655(b); 29
                                                  emerging infectious disease threats,                      Administration (OSHA)                                   U.S.C. 657
                                                  such as Severe Acute Respiratory                          Long-Term Actions                                          Abstract: Crystalline silica is a
                                                  Syndrome (SARS) and pandemic                                                                                      significant component of the earth’s
                                                  influenza. Health care workers and                        193. Injury and Illness Prevention                      crust, and many workers in a wide range
                                                  workers in related occupations, or who                    Program                                                 of industries are exposed to it, usually
                                                  are exposed in other high-risk                               Legal Authority: 29 U.S.C. 653; 29                   in the form of respirable quartz or, less
                                                  environments, are at increased risk of                    U.S.C. 655(b); 29 U.S.C. 657                            frequently, cristobalite. Chronic silicosis
                                                  contracting TB, SARS, Methicillin-                           Abstract: OSHA is developing a rule                  is a uniquely occupational disease
                                                  resistant Staphylococcus aureus                           requiring employers to implement an                     resulting from exposure of employees
                                                  (MRSA), and other infectious diseases                     Injury and Illness Prevention Program. It               over long periods of time (10 years or
                                                  that can be transmitted through a variety                 involves planning, implementing,                        more). Exposure to high levels of
                                                  of exposure routes. OSHA is concerned                     evaluating, and improving processes                     respirable crystalline silica causes acute
                                                  about the ability of employees to                         and activities that protect employee                    or accelerated forms of silicosis that are
                                                  continue to provide health care and                       safety and health. OSHA has substantial                 ultimately fatal. The current OSHA
                                                  other critical services without                           data on reductions in injuries and                      permissible exposure limit (PEL) for
                                                  unreasonably jeopardizing their health.                   illnesses from employers who have                       general industry is based on a formula
                                                  OSHA is developing a standard to                          implemented similar effective                           proposed by the American Conference
                                                  ensure that employers establish a                         processes. The Agency currently has                     of Governmental Industrial Hygienists
                                                  comprehensive infection control                           voluntary Safety and Health Program                     (ACGIH) in 1968 (PEL = 10mg/cubic
                                                  program and control measures to protect                   Management Guidelines (54 FR 3904 to                    meter/(% silica + 2), as respirable dust).
                                                  employees from infectious disease                         3916), published in 1989. An injury and                 The current PEL for construction and
                                                  exposures to pathogens that can cause                     illness prevention program rule would                   shipyards (derived from ACGIH’s 1970
                                                  significant disease. Workplaces where                     build on these guidelines as well as                    Threshold Limit Value) is based on
                                                  such control measures might be                            lessons learned from successful                         particle counting technology, which is
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                                                  necessary include: Health care,                           approaches and best practices under                     considered obsolete. NIOSH and ACGIH
                                                  emergency response, correctional                          OSHA’s Voluntary Protection Program,                    recommend 50 mg/m3 and 25 mg/m3
                                                  facilities, homeless shelters, drug                       Safety and Health Achievement                           exposure limits, respectively, for
                                                  treatment programs, and other                             Recognition Program, and similar                        respirable crystalline silica.
                                                  occupational settings where employees                     industry and international initiatives                     Both industry and worker groups have
                                                  can be at increased risk of exposure to                   such as American National Standards                     recognized that a comprehensive
                                                  potentially infectious people. A                          Institute/American Industrial Hygiene                   standard for crystalline silica is needed
                                                  standard could also apply to                              Association Z10, and Occupational                       to provide for exposure monitoring,


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                                                                           Federal Register / Vol. 81, No. 111 / Thursday, June 9, 2016 / Unified Agenda                                                   37339

                                                  medical surveillance, and worker                               Action                Date          FR Cite               Action            Date        FR Cite
                                                  training. ASTM International has
                                                  published recommended standards for                     Completed                 12/19/03                      Informal Public           03/18/14
                                                  addressing the hazards of crystalline                      SBREFA Re-                                              Hearing.
                                                                                                             port.                                                Post Hearing              08/18/14
                                                  silica. The Building Construction Trades                Initiated Peer Re-        05/22/09                         Briefs Ends.
                                                  Department of the AFL–CIO has also                         view of Health                                       Final Rule ............   03/25/16   81 FR 16285
                                                  developed a recommended                                    Effects and                                          Final Rule Effec-         06/23/16
                                                  comprehensive program standard. These                      Risk Assess-                                            tive.
                                                  standards include provisions for                           ment.
                                                  methods of compliance, exposure                         Completed Peer            01/24/10
                                                                                                             Review.                                                Regulatory Flexibility Analysis
                                                  monitoring, training, and medical                                                                               Required: Yes.
                                                                                                          NPRM ..................   09/12/13       78 FR 56274
                                                  surveillance.                                           NPRM Comment              10/31/13       78 FR 65242      Agency Contact: William Perry,
                                                     The NPRM was published on                               Period Ex-                                           Director, Directorate of Standards and
                                                  September 12, 2013 (78 FR 56274).                          tended; Notice                                       Guidance, Department of Labor,
                                                  OSHA received over 1,700 comments                          of Intention to                                      Occupational Safety and Health
                                                                                                             Appear at Pub
                                                  from the public on the proposed rule,                      Hearing; Sched-
                                                                                                                                                                  Administration, 200 Constitution
                                                  and over 200 stakeholders provided                         uling Pub Hear-                                      Avenue NW., FP Building, Room N–
                                                  testimony during public hearings on the                    ing.                                                 3718, Washington, DC 20210, Phone:
                                                  proposal. The agency is now reviewing                   NPRM Comment              01/29/14       79 FR 4641     202 693–1950, Fax: 202 693–1678,
                                                  and considering the evidence in the                        Period Ex-                                           Email: perry.bill@dol.gov.
                                                  rulemaking record.                                         tended.                                                RIN: 1218–AB70
                                                                                                          NPRM Comment              02/11/14
                                                     Timetable:                                              Period Ex-                                           [FR Doc. 2016–12911 Filed 6–8–16; 8:45 am]
                                                                                                             tended End.                                          BILLING CODE 4510–HL–P
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Document Created: 2018-02-08 07:33:54
Document Modified: 2018-02-08 07:33:54
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionUnknown Section
ActionSemiannual Regulatory Agenda.
ContactKathleen Franks, Director, Office of Regulatory Policy, Office of the Assistant Secretary for Policy, U.S. Department of Labor, 200 Constitution Avenue NW., Room S-2312, Washington, DC 20210; (202) 693-5959.
FR Citation81 FR 37334 
CFR Citation30
Title 30 CFR Chapter I
41
Title 41 CFR Chapter 60
48
Title 48 CFR Chapter 29

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