81_FR_95024 81 FR 94777 - Semiannual Agenda of Regulations

81 FR 94777 - Semiannual Agenda of Regulations

DEPARTMENT OF LABOR
Office of the Secretary

Federal Register Volume 81, Issue 247 (December 23, 2016)

Page Range94777-94782
FR Document2016-29870

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 247 (Friday, December 23, 2016)
[Federal Register Volume 81, Number 247 (Friday, December 23, 2016)]
[Unknown Section]
[Pages 94777-94782]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-29870]



[[Page 94777]]

Vol. 81

Friday,

No. 247

December 23, 2016

Part XIII





Department of Labor





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Office of the Secretary





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Semiannual Regulatory Agenda

Federal Register / Vol. 81 , No. 247 / Friday, December 23, 2016 / 
Unified Agenda

[[Page 94778]]


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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: Stephanie Swirsky, Deputy Assistant 
Secretary, 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 section 610 item on the 
Department of Labor's Regulatory Flexibility Agenda:

Occupational Safety and Health Administration

Bloodborne Pathogens (RIN 1218-AC34)

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

 Thomas E. Perez,
Secretary of Labor.

    Office of Federal Contract Compliance Programs--Completed Actions
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
343.......................  Discrimination on the              1250-AA05
                             Basis of Sex.
------------------------------------------------------------------------


                Wage and Hour Division--Completed Actions
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
344.......................  Defining and Delimiting            1235-AA11
                             the Exemptions for
                             Executive,
                             Administrative,
                             Professional, Outside
                             Sales, and Computer
                             Employees.
345.......................  Establishing Paid Sick             1235-AA13
                             Leave for Contractors,
                             Executive Order 13706.
------------------------------------------------------------------------


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


        Employment and Training Administration--Completed Actions
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
347.......................  Workforce Innovation and           1205-AB73
                             Opportunity Act.
348.......................  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.
------------------------------------------------------------------------


[[Page 94779]]


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


   Occupational Safety and Health Administration--Proposed Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
352.......................  Infectious Diseases (Reg           1218-AC46
                             Plan Seq No. 85).
------------------------------------------------------------------------
References in boldface appear in The Regulatory Plan in part II of this
  issue of the Federal Register.


     Occupational Safety and Health Administration--Final Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
353.......................  Occupational Exposure to           1218-AB76
                             Beryllium (Reg Plan Seq
                             No. 87).
------------------------------------------------------------------------
References in boldface appear in The Regulatory Plan in part II of this
  issue of the Federal Register.


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

DEPARTMENT OF LABOR (DOL)

Office of Federal Contract Compliance Programs (OFCCP)

Completed Actions

343. Discrimination on the Basis of Sex

    Legal Authority: Sec. 201, E.O. 11246, 30 FR 12319 and E.O. 11375, 
32 FR 14303, as amended by E.O. 12086
    Abstract: The Office of Federal Contract Compliance Programs 
(OFCCP) is charged with enforcing Executive Order 11246, as amended, 
which prohibits Federal Government contractors and subcontractors from 
discriminating against individuals in employment on the basis of race, 
color, sex, sexual orientation, gender identity, religion, or national 
origin, and requires them to take affirmative action. This order also 
prohibits discrimination based on an employee discussing his or her pay 
or the pay of a coworker. OFCCP regulations at 41 CFR part 60-20 set 
forth the interpretations and guidelines for implementing Executive 
Order 11246, as amended, in regard to promoting and ensuring equal 
opportunities for all persons employed or seeking employment with 
Government contractors and subcontractors without regard to sex. This 
nondiscrimination requirement also applies to contractors and 
subcontractors performing under federally assisted construction 
contracts. The guidance in part 60-20 is more than 30 years old, and 
warranted changes that align OFCCP's requirements with current law and 
better address the realities of today's workplaces. OFCCP published a 
Notice of Proposed Rulemaking on January 30, 2015 (80 FR 5245), to 
create sex discrimination regulations that reflect the current state of 
the law in this area. OFCCP published the Discrimination on the Basis 
of Sex Final Rule on June 14, 2016 (81 FR 39107). The Final Rule 
becomes effective August 15, 2016.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   01/30/15  80 FR 5245
NPRM Comment Period End.............   03/31/15  .......................
NPRM Comment Period Extended........   04/01/15  80 FR 17373
NPRM Comment Period Extended End....   04/14/15  .......................
Final Rule..........................   06/15/16  81 FR 39108
Final Rule Effective................   08/15/16  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Debra A. Carr, Director, Division of Policy and 
Program Development, Department of Labor, Office of Federal Contract 
Compliance Programs, 200 Constitution Avenue NW., FP Building, Room C-
3325, Washington, DC 20210, Phone: 202 693-0103, TDD Phone: 202 693-
1337, Fax: 202 693-1304, Email: [email protected].
    RIN: 1250-AA05

DEPARTMENT OF LABOR (DOL)

Wage and Hour Division (WHD)

Completed Actions

344. 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

[[Page 94780]]

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..........................   05/23/16  81 FR 32391
Final Rule Effective................   12/01/16  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Melissa Smith, Director, Regulations, Legislation 
and Interpretations, Department of Labor, Wage and Hour Division, 200 
Constitution Avenue NW., Room S3502, Washington, DC 20210, Phone: 202 
693-0406, Fax: 202 693-1387.
    RIN: 1235-AA11

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

    Legal Authority: E.O. 13706
    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..........................   09/30/16  81 FR 67598
Final Rule Effective................   11/29/16  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Melissa Smith, Director, Regulations, Legislation 
and Interpretations, Department of Labor, Wage and Hour Division, 200 
Constitution Avenue NW., Room S3502, Washington, DC 20210, Phone: 202 
693-0406, Fax: 202 693-1387.
    RIN: 1235-AA13

DEPARTMENT OF HOMELAND SECURITY (DHS)

Employment and Training Administration (ETA)

Proposed Rule Stage

346. Modernizing the Permanent Labor Certification Program (PERM)

    Legal Authority: 8 U.S.C. 1182(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 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................................   11/00/16  .......................
------------------------------------------------------------------------

    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, 375 E Street SW., Patriot Plaza II, Room 
12-200, Washington, DC 20024, Phone: 202 513-7350.
    RIN: 1205-AB75

DEPARTMENT OF HOMELAND SECURITY (DHS)

Employment and Training Administration (ETA)

Completed Actions

347. 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 analyzed the comments 
received and developed a final rule.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   04/16/15  80 FR 20690
NPRM Comment Period End.............   06/15/15  .......................
Final Rule..........................   08/19/16  81 FR 56072
Final Rule Effective................   10/18/16  .......................
------------------------------------------------------------------------

    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

[[Page 94781]]

348. 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 analyzed the comments received and developed a final rule.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   04/16/15  80 FR 20574
NPRM Comment Period End.............   06/15/15  .......................
Final Rule..........................   08/19/16  81 FR 55792
Final Rule Effective................   10/18/16  .......................
------------------------------------------------------------------------

    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 HOMELAND SECURITY (DHS)

Occupational Safety and Health Administration (OSHA)

Prerule Stage

349. 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  .......................
Notice of Request for Comment.......   05/14/10  75 FR 27237
Notice of Request for Comment Period   08/12/10  .......................
 End.
End Review and Issue Findings.......   11/00/16  .......................
------------------------------------------------------------------------

    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

350. 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
Notice of Stakeholder Meetings......   12/14/09  .......................
ANPRM Comment Period End............   01/19/10  .......................
Notice of Stakeholder Meetings......   03/09/10  75 FR 10739
Initiate SBREFA.....................   11/00/16  .......................
------------------------------------------------------------------------

    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

351. 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.....................   04/00/17  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Dean McKenzie, 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


[[Page 94782]]



DEPARTMENT OF HOMELAND SECURITY (DHS)

Occupational Safety and Health Administration (OSHA)

Proposed Rule Stage

352. Infectious Diseases

    Regulatory Plan: This entry is Seq. No. 85 in part II of this issue 
of the Federal Register.
    RIN: 1218-AC46

DEPARTMENT OF HOMELAND SECURITY (DHS)

Occupational Safety and Health Administration (OSHA)

Final Rule Stage

353. Occupational Exposure to Beryllium

    Regulatory Plan: This entry is Seq. No. 87 in part II of this issue 
of the Federal Register.
    RIN: 1218-AB76

DEPARTMENT OF HOMELAND SECURITY (DHS)

Occupational Safety and Health Administration (OSHA)

Long-Term Actions

354. 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

[FR Doc. 2016-29870 Filed 12-22-16; 8:45 am]
BILLING CODE 4510-HL-P



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                                                                                                           No. 247                           December 23, 2016




                                                                                                           Part XIII


                                                                                                           Department of Labor
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                                                                                                           Semiannual Regulatory Agenda
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                                                      94778                      Federal Register / Vol. 81, No. 247 / Friday, December 23, 2016 / Unified Agenda

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

                                                                                       OFFICE OF FEDERAL CONTRACT COMPLIANCE PROGRAMS—COMPLETED ACTIONS
                                                                                                                                                                                                                                          Regulation
                                                        Sequence No.                                                                                    Title                                                                            Identifier No.

                                                      343 ....................   Discrimination on the Basis of Sex ..................................................................................................................      1250–AA05


                                                                                                                 WAGE AND HOUR DIVISION—COMPLETED ACTIONS
                                                                                                                                                                                                                                          Regulation
                                                        Sequence No.                                                                                    Title                                                                            Identifier No.

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


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

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


                                                                                                 EMPLOYMENT AND TRAINING ADMINISTRATION—COMPLETED ACTIONS
                                                                                                                                                                                                                                          Regulation
                                                        Sequence No.                                                                                    Title                                                                            Identifier No.
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                                                      347 ....................   Workforce Innovation and Opportunity Act ......................................................................................................            1205–AB73
                                                      348 ....................   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.




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                                                                                 Federal Register / Vol. 81, No. 247 / Friday, December 23, 2016 / Unified Agenda                                                                                        94779

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

                                                      349 ....................   Bloodborne Pathogens (Section 610 Review) .................................................................................................                         1218–AC34
                                                      350 ....................   Combustible Dust .............................................................................................................................................      1218–AC41
                                                      351 ....................   Preventing Backover Injuries and Fatalities ....................................................................................................                    1218–AC51


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

                                                      352 ....................   Infectious Diseases (Reg Plan Seq No. 85) ...................................................................................................                       1218–AC46
                                                         References in boldface appear in The Regulatory Plan in part II of this issue of the Federal Register.

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

                                                      353 ....................   Occupational Exposure to Beryllium (Reg Plan Seq No. 87) .........................................................................                                  1218–AB76
                                                         References in boldface appear in The Regulatory Plan in part II of this issue of the Federal Register.

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

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



                                                      DEPARTMENT OF LABOR (DOL)                                              federally assisted construction                                          Office of Federal Contract Compliance
                                                                                                                             contracts. The guidance in part 60–20 is                                 Programs, 200 Constitution Avenue
                                                      Office of Federal Contract Compliance
                                                                                                                             more than 30 years old, and warranted                                    NW., FP Building, Room C–3325,
                                                      Programs (OFCCP)
                                                                                                                             changes that align OFCCP’s                                               Washington, DC 20210, Phone: 202 693–
                                                      Completed Actions                                                      requirements with current law and                                        0103, TDD Phone: 202 693–1337, Fax:
                                                      343. Discrimination on the Basis of Sex                                better address the realities of today’s                                  202 693–1304, Email: ofccp-public@
                                                                                                                             workplaces. OFCCP published a Notice                                     dol.gov.
                                                         Legal Authority: Sec. 201, E.O. 11246,                              of Proposed Rulemaking on January 30,                                      RIN: 1250–AA05
                                                      30 FR 12319 and E.O. 11375, 32 FR                                      2015 (80 FR 5245), to create sex
                                                      14303, as amended by E.O. 12086                                        discrimination regulations that reflect
                                                         Abstract: The Office of Federal                                     the current state of the law in this area.
                                                      Contract Compliance Programs (OFCCP)                                   OFCCP published the Discrimination on                                    DEPARTMENT OF LABOR (DOL)
                                                      is charged with enforcing Executive                                    the Basis of Sex Final Rule on June 14,                                  Wage and Hour Division (WHD)
                                                      Order 11246, as amended, which                                         2016 (81 FR 39107). The Final Rule
                                                      prohibits Federal Government                                           becomes effective August 15, 2016.                                       Completed Actions
                                                      contractors and subcontractors from                                      Timetable:                                                             344. Defining and Delimiting the
                                                      discriminating against individuals in                                                                                                           Exemptions for Executive,
                                                      employment on the basis of race, color,                                         Action                    Date               FR Cite            Administrative, Professional, Outside
                                                      sex, sexual orientation, gender identity,                                                                                                       Sales, and Computer Employees
                                                      religion, or national origin, and requires                             NPRM ..................          01/30/15        80 FR 5245
                                                      them to take affirmative action. This                                  NPRM Comment                     03/31/15                                  Legal Authority: 29 U.S.C. 213(a)(1)
                                                      order also prohibits discrimination                                      Period End.                                                            (Fair Labor Standards Act)
                                                      based on an employee discussing his or                                 NPRM Comment                     04/01/15        80 FR 17373               Abstract: The Department proposes to
                                                      her pay or the pay of a coworker.                                        Period Ex-                                                             update the regulations governing which
                                                                                                                               tended.
                                                      OFCCP regulations at 41 CFR part 60–                                   NPRM Comment                     04/14/15
                                                                                                                                                                                                      executive, administrative, and
                                                      20 set forth the interpretations and                                     Period Ex-                                                             professional employees (white collar
                                                      guidelines for implementing Executive                                    tended End.                                                            workers) are entitled to the Fair Labor
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                                                      Order 11246, as amended, in regard to                                  Final Rule ............          06/15/16        81 FR 39108             Standards Act’s minimum wage and
                                                      promoting and ensuring equal                                           Final Rule Effec-                08/15/16                                overtime pay protections. Key
                                                      opportunities for all persons employed                                   tive.                                                                  provisions of the proposed rule include:
                                                      or seeking employment with                                                                                                                      (1) Setting the standard salary level
                                                      Government contractors and                                               Regulatory Flexibility Analysis                                        required for exemption for full-time
                                                      subcontractors without regard to sex.                                  Required: Yes.                                                           salaried workers; (2) increasing the total
                                                      This nondiscrimination requirement                                       Agency Contact: Debra A. Carr,                                         annual compensation requirement
                                                      also applies to contractors and                                        Director, Division of Policy and Program                                 needed to exempt highly compensated
                                                      subcontractors performing under                                        Development, Department of Labor,                                        employees; and (3) establishing a


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                                                      94780                     Federal Register / Vol. 81, No. 247 / Friday, December 23, 2016 / Unified Agenda

                                                      mechanism for automatically updating                        Regulatory Flexibility Analysis                       Washington, DC 20024, Phone: 202 513–
                                                      the salary and compensation levels                        Required: Yes.                                          7350.
                                                      going forward to ensure that they will                      Agency Contact: Melissa Smith,
                                                                                                                                                                          RIN: 1205–AB75
                                                      continue to provide a useful and                          Director, Regulations, Legislation and
                                                      effective test for exemption. The                         Interpretations, Department of Labor,
                                                      Department last updated these                             Wage and Hour Division, 200
                                                      regulations in 2004, which, among other                   Constitution Avenue NW., Room S3502,                    DEPARTMENT OF HOMELAND
                                                      items, set the standard salary level at                   Washington, DC 20210, Phone: 202 693–                   SECURITY (DHS)
                                                      not less than $455 per week.                              0406, Fax: 202 693–1387.
                                                         Timetable:                                               RIN: 1235–AA13                                        Employment and Training
                                                                                                                                                                        Administration (ETA)
                                                             Action               Date           FR Cite
                                                                                                                                                                        Completed Actions
                                                      NPRM ..................    07/06/15     80 FR 38516       DEPARTMENT OF HOMELAND
                                                                                                                                                                        347. Workforce Innovation and
                                                      NPRM Comment               09/04/15                       SECURITY (DHS)
                                                        Period End.                                                                                                     Opportunity Act
                                                      Final Rule ............    05/23/16     81 FR 32391       Employment and Training
                                                      Final Rule Effec-          12/01/16                       Administration (ETA)                                      Legal Authority: Sec. 503(f) of the
                                                        tive.                                                                                                           Workforce Innovation and Opportunity
                                                                                                                Proposed Rule Stage                                     Act (Pub. L. 113–128)
                                                        Regulatory Flexibility Analysis                         346. Modernizing the Permanent Labor                      Abstract: On July 22, 2014, the
                                                      Required: Yes.                                            Certification Program (PERM)                            President signed the Workforce
                                                        Agency Contact: Melissa Smith,                            Legal Authority: 8 U.S.C.                             Innovation and Opportunity Act
                                                      Director, Regulations, Legislation and                    1182(a)(5)(A)                                           (WIOA) (Pub. L. 113–128). WIOA
                                                      Interpretations, Department of Labor,                       Abstract: The PERM regulations                        repeals the Workforce Investment Act of
                                                      Wage and Hour Division, 200                               govern the labor certification process for              1998 (WIA) and amends the Wagner-
                                                      Constitution Avenue NW., Room S3502,                      employers seeking to employ foreign                     Peyser Act. (29 U.S.C. 2801 et seq.) The
                                                      Washington, DC 20210, Phone: 202 693–                     workers permanently in the United
                                                      0406, Fax: 202 693–1387.                                                                                          Department of Labor issued a Notice of
                                                                                                                States. The Department of Labor                         Proposed Rulemaking (NPRM) on April
                                                        RIN: 1235–AA11                                          (Department) has not comprehensively                    16, 2015, that proposed to implement
                                                      345. Establishing Paid Sick Leave for                     examined and modified the permanent
                                                                                                                                                                        the changes WIOA makes to the public
                                                      Contractors, Executive Order 13706                        labor certification requirements and
                                                                                                                                                                        workforce system in regulations.
                                                                                                                process since 2004. Over the last ten
                                                        Legal Authority: E.O. 13706                                                                                     Through the NPRM, the Department
                                                        Abstract: Executive Order 13706,                        years, much has changed in our
                                                                                                                country’s economy, affecting employers’                 proposed ways to carry out the purposes
                                                      Establishing Paid Sick Leave for Federal                                                                          of WIOA to provide workforce
                                                      Contractors (80 FR 54697) establishes                     demand for workers and the availability
                                                                                                                of a qualified domestic labor force.                    investment activities, through State and
                                                      paid sick leave for Federal contractors                                                                           local workforce development systems,
                                                      and subcontractors. The Executive order                   Advances in technology and
                                                                                                                information dissemination have                          that increase employment, retention,
                                                      indicates that Executive Departments                                                                              and earnings of participants, meet the
                                                      and agencies shall, to the extent                         dramatically altered common industry
                                                                                                                recruitment practices, and the                          skill requirements of employers, and
                                                      permitted by law, ensure that new
                                                                                                                Department has received ongoing                         enhance the productivity and
                                                      contracts, contract-like instruments, and
                                                                                                                feedback that the existing regulatory                   competitiveness of the Nation. The
                                                      solicitations as described in section 6 of
                                                      the order, include a clause, which the                    requirements governing the PERM                         Department analyzed the comments
                                                      contractor and any subcontractors shall                   process frequently do not align with                    received and developed a final rule.
                                                      incorporate into lower-tier subcontracts,                 worker or industry needs and practices.                   Timetable:
                                                      specifying that all employees, in the                     Therefore, the Department is engaging
                                                      performance of the contract or any                        in rulemaking that will consider options                       Action              Date        FR Cite
                                                      subcontract thereunder, shall earn not                    to modernize the PERM program to be
                                                      less than one hour of paid sick leave for                 more responsive to changes in the                       NPRM ..................   04/16/15   80 FR 20690
                                                      every 30 hours worked. Consistent with                    national workforce, to further align the                NPRM Comment              06/15/15
                                                      the Executive order, the Department of                    program design with the objectives of                     Period End.
                                                      Labor will issue implementing                             the U.S. immigration system and needs                   Final Rule ............   08/19/16   81 FR 56072
                                                      regulations.                                              of workers and employers, and to                        Final Rule Effec-         10/18/16
                                                                                                                enhance the integrity of the labor                        tive.
                                                        Timetable:
                                                                                                                certification process.
                                                             Action               Date           FR Cite          Timetable:                                              Regulatory Flexibility Analysis
                                                                                                                                                                        Required: Yes.
                                                      NPRM ..................    02/25/16     81 FR 9592               Action                 Date         FR Cite
                                                      NPRM Comment               03/28/16                                                                                 Agency Contact: Portia Wu, Assistant
                                                        Period End.                                             NPRM ..................   11/00/16                      Secretary for Employment and Training,
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                                                      NPRM Comment               03/14/16     81 FR 13306                                                               Department of Labor, Employment and
                                                        Period Ex-                                                Regulatory Flexibility Analysis                       Training Administration, 200
                                                        tended.                                                 Required: Yes.                                          Constitution Avenue NW., FP Building,
                                                      NPRM Comment               04/12/16                         Agency Contact: William W.                            Washington, DC 20210, Phone: 202 639–
                                                        Period Ex-                                              Thompson II, Acting Administrator,
                                                        tended End.                                                                                                     2700.
                                                                                                                Office of Foreign Labor Certification,
                                                      Final Rule ............    09/30/16     81 FR 67598       Department of Labor, Employment and                       RIN: 1205–AB73
                                                      Final Rule Effec-          11/29/16
                                                        tive.
                                                                                                                Training Administration, 375 E Street
                                                                                                                SW., Patriot Plaza II, Room 12–200,


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                                                                                Federal Register / Vol. 81, No. 247 / Friday, December 23, 2016 / Unified Agenda                                           94781

                                                      348. Workforce Innovation and                             accordance with the requirements of the                202 693–1950, Fax: 202 693–1678,
                                                      Opportunity Act; Joint Rule With U.S.                     Regulatory Flexibility Act and section 5               Email: perry.bill@dol.gov.
                                                      Department of Education for Combined                      of Executive Order 12866. The review                     RIN: 1218–AC41
                                                      and Unified State Plans, Performance                      will consider the continued need for the
                                                      Accountability, and the One-Stop                          rule; whether the rule overlaps,                       351. Preventing Backover Injuries and
                                                      System Joint Provisions                                   duplicates, or conflicts with other                    Fatalities
                                                         Legal Authority: Sec. 503(f) of the                    Federal, State or local regulations; and
                                                                                                                the degree to which technology,                           Legal Authority: 29 U.S.C. 655(b)
                                                      Workforce Innovation and Opportunity
                                                      Act (Pub. L. 113–128)                                     economic conditions, or other factors                     Abstract: Backing vehicles and
                                                         Abstract: On July 22, 2014, the                        may have changed since the rule was                    equipment are common causes of
                                                      President signed the Workforce                            evaluated.                                             struck-by injuries and can also cause
                                                      Innovation and Opportunity Act                              Timetable:                                           caught-between injuries when backing
                                                      (WIOA) (Pub. L. 113–128) which repeals                                                                           vehicles and equipment pin a worker
                                                                                                                       Action                Date         FR Cite
                                                      the Workforce Investment Act of 1998                                                                             against an object. Struck-by injuries and
                                                      (WIA). (29 U.S.C. 2801 et seq.) As                        Begin Review ......      10/22/09                      caught-between injuries are two of the
                                                      directed by WIOA, the Departments of                      Notice of Request        05/14/10     75 FR 27237      four leading causes of workplace
                                                      Education and Labor issued a Notice of                      for Comment.                                         fatalities. The Bureau of Labor Statistics
                                                      Proposed Rulemaking (NPRM) on April                       Notice of Request        08/12/10                      reports that in 2013, 67 workers were
                                                      16, 2015, to implement the changes in                       for Comment                                          fatally backed over while working.
                                                      regulations that WIOA makes to the                          Period End.
                                                                                                                                                                       While many backing incidents can
                                                      public workforce system regarding                         End Review and           11/00/16
                                                                                                                  Issue Findings.                                      prove to be fatal, workers can suffer
                                                      Combined and Unified State Plans,                                                                                severe, non-fatal injuries as well. A
                                                      performance accountability for WIOA                                                                              review of OSHA’s Integrated
                                                                                                                  Regulatory Flexibility Analysis
                                                      title I, title II, title III, and title IV                                                                       Management Information System (IMIS)
                                                                                                                Required: No.
                                                      programs, and the one-stop delivery                                                                              database found that backing incidents
                                                                                                                  Agency Contact: Amanda Edens,
                                                      system.
                                                                                                                Director, Directorate of Technical                     can result in serious injury to the back
                                                         All of the other regulations
                                                                                                                Support and Emergency Management,                      and pelvis, fractured bones,
                                                      implementing WIOA were published by
                                                                                                                Department of Labor, Occupational                      concussions, amputations, and other
                                                      the Departments of Labor and Education
                                                                                                                Safety and Health Administration, 200                  injuries. Emerging technologies in the
                                                      in separate NPRMs. The Departments
                                                                                                                Constitution Avenue NW., FP Building,                  field of backing operations may prevent
                                                      analyzed the comments received and
                                                                                                                Room N–3653, Washington, DC 20210,                     incidents. The technologies include
                                                      developed a final rule.
                                                         Timetable:                                             Phone: 202 693–2300, Fax: 202 693–                     cameras and proximity detection
                                                                                                                1644, Email: edens.mandy@dol.gov.                      systems. The use of spotters and
                                                             Action               Date           FR Cite          RIN: 1218–AC34                                       internal traffic control plans can also
                                                                                                                350. Combustible Dust                                  make backing operations safer. The
                                                      NPRM ..................    04/16/15     80 FR 20574
                                                                                                                  Legal Authority: 29 U.S.C. 655(b); 29                Agency has held stakeholder meetings
                                                      NPRM Comment               06/15/15
                                                        Period End.                                             U.S.C. 657                                             on backovers, and is conducting site
                                                      Final Rule ............    08/19/16     81 FR 55792         Abstract: Occupational Safety and                    visits to employers, and is developing a
                                                      Final Rule Effec-          10/18/16                       Health Administration (OSHA) has                       standard to address these hazards.
                                                        tive.                                                   initiated rulemaking to develop a                         Timetable:
                                                                                                                combustible dust standard for general
                                                        Regulatory Flexibility Analysis                         industry. OSHA will use information                          Action          Date        FR Cite
                                                      Required: Yes.                                            gathered, including from an upcoming
                                                        Agency Contact: Portia Wu, Assistant                    SBREFA panel, to develop a                             Request for Infor-   03/29/12   77 FR 18973
                                                      Secretary for Employment and Training,                    comprehensive standard that addresses                     mation (RFI).
                                                      Department of Labor, Employment and                       combustible dust hazards.                              RFI Comment Pe-      07/27/12
                                                      Training Administration, 200                                Timetable:                                              riod End.
                                                      Constitution Avenue NW., FP Building,                                                                            Initiate SBREFA ..   04/00/17
                                                      Washington, DC 20210, Phone: 202 639–                            Action                Date         FR Cite
                                                      2700.                                                                                                              Regulatory Flexibility Analysis
                                                        RIN: 1205–AB74                                          ANPRM ...............    10/21/09     74 FR 54333
                                                                                                                                                                       Required: Yes.
                                                                                                                Notice of Stake-         12/14/09
                                                                                                                   holder Meetings.                                      Agency Contact: Dean McKenzie,
                                                                                                                ANPRM Comment            01/19/10                      Director, Directorate of Construction,
                                                      DEPARTMENT OF HOMELAND                                       Period End.                                         Department of Labor, Occupational
                                                      SECURITY (DHS)                                            Notice of Stake-         03/09/10     75 FR 10739      Safety and Health Administration,
                                                                                                                   holder Meetings.
                                                      Occupational Safety and Health                            Initiate SBREFA ..       11/00/16                      Room N–3468, FP Building, 200
                                                      Administration (OSHA)                                                                                            Constitution Avenue NW., Washington,
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                                                                                                                  Regulatory Flexibility Analysis                      DC 20210, Phone: 202 693–2020, Fax:
                                                      Prerule Stage
                                                                                                                Required: Yes.                                         202 693–1689, Email: mckenzie.dean@
                                                      349. Bloodborne Pathogens (Section 610                      Agency Contact: William Perry,                       dol.gov.
                                                      Review)                                                   Director, Directorate of Standards and                   RIN: 1218–AC51
                                                        Legal Authority: 5 U.S.C. 533; 5 U.S.C.                 Guidance, Department of Labor,
                                                      610; 29 U.S.C. 655(b)                                     Occupational Safety and Health
                                                        Abstract: OSHA will undertake a                         Administration, 200 Constitution
                                                      review of the Bloodborne Pathogen                         Avenue NW., FP Building, Room N–
                                                      Standard (29 CFR 1910.1030) in                            3718, Washington, DC 20210, Phone:


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                                                      94782                 Federal Register / Vol. 81, No. 247 / Friday, December 23, 2016 / Unified Agenda

                                                      DEPARTMENT OF HOMELAND                                  DEPARTMENT OF HOMELAND                                industry and international initiatives
                                                      SECURITY (DHS)                                          SECURITY (DHS)                                        such as American National Standards
                                                                                                                                                                    Institute/American Industrial Hygiene
                                                      Occupational Safety and Health                          Occupational Safety and Health
                                                                                                                                                                    Association Z10, and Occupational
                                                      Administration (OSHA)                                   Administration (OSHA)
                                                                                                                                                                    Health and Safety Assessment Series
                                                      Proposed Rule Stage                                     Long-Term Actions                                     18001.
                                                                                                                                                                      Timetable:
                                                      352. Infectious Diseases                                354. Injury and Illness Prevention
                                                                                                              Program                                                     Action              Date        FR Cite
                                                        Regulatory Plan: This entry is Seq.
                                                                                                                 Legal Authority: 29 U.S.C. 653; 29
                                                      No. 85 in part II of this issue of the                                                                        Notice of Stake-         05/04/10   75 FR 23637
                                                                                                              U.S.C. 655(b); 29 U.S.C. 657
                                                      Federal Register.                                                                                               holder Meetings.
                                                                                                                 Abstract: OSHA is developing a rule
                                                        RIN: 1218–AC46                                        requiring employers to implement an                   Notice of Addi-          06/22/10   75 FR 35360
                                                                                                              Injury and Illness Prevention Program. It               tional Stake-
                                                                                                              involves planning, implementing,                        holder Meetings.
                                                      DEPARTMENT OF HOMELAND                                  evaluating, and improving processes
                                                                                                              and activities that protect employee                  SBREFA ..............   To Be Determined
                                                      SECURITY (DHS)
                                                                                                              safety and health. OSHA has substantial
                                                      Occupational Safety and Health                          data on reductions in injuries and                      Regulatory Flexibility Analysis
                                                      Administration (OSHA)                                   illnesses from employers who have                     Required: Yes.
                                                                                                              implemented similar effective                           Agency Contact: William Perry,
                                                      Final Rule Stage                                        processes. The Agency currently has                   Director, Directorate of Standards and
                                                                                                              voluntary Safety and Health Program                   Guidance, Department of Labor,
                                                      353. Occupational Exposure to
                                                                                                              Management Guidelines (54 FR 3904 to                  Occupational Safety and Health
                                                      Beryllium                                                                                                     Administration, 200 Constitution
                                                                                                              3916), published in 1989. An injury and
                                                        Regulatory Plan: This entry is Seq.                   illness prevention program rule would                 Avenue NW., FP Building, Room N–
                                                      No. 87 in part II of this issue of the                  build on these guidelines as well as                  3718, Washington, DC 20210, Phone:
                                                      Federal Register.                                       lessons learned from successful                       202 693–1950, Fax: 202 693–1678,
                                                                                                              approaches and best practices under                   Email: perry.bill@dol.gov.
                                                        RIN: 1218–AB76                                                                                                RIN: 1218–AC48
                                                                                                              OSHA’s Voluntary Protection Program,
                                                                                                              Safety and Health Achievement                         [FR Doc. 2016–29870 Filed 12–22–16; 8:45 am]
                                                                                                              Recognition Program, and similar                      BILLING CODE 4510–HL–P
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Document Created: 2016-12-23 12:29:11
Document Modified: 2016-12-23 12:29:11
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionSemiannual Regulatory Agenda.
ContactStephanie Swirsky, Deputy Assistant Secretary, 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 94777 
CFR Citation30
Title 30 CFR Chapter I
41
Title 41 CFR Chapter 60
48
Title 48 CFR Chapter 29

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