82_FR_40476 82 FR 40313 - Semiannual Agenda of Regulations

82 FR 40313 - Semiannual Agenda of Regulations

DEPARTMENT OF LABOR
Office of the Secretary

Federal Register Volume 82, Issue 163 (August 24, 2017)

Page Range40313-40317
FR Document2017-17060

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 82 Issue 163 (Thursday, August 24, 2017)
[Federal Register Volume 82, Number 163 (Thursday, August 24, 2017)]
[Unknown Section]
[Pages 40313-40317]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-17060]



[[Page 40313]]

Vol. 82

Thursday,

No. 163

August 24, 2017

Part XII





Department of Labor





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Semiannual Regulatory Agenda

Federal Register / Vol. 82 , No. 163 / Thursday, August 24, 2017 / 
Unified Agenda

[[Page 40314]]


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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: Laura M. Dawkins, Director, Office of 
Regulatory and Programmatic Policy, Office of the Assistant Secretary 
for Policy, U.S. Department of Labor, 200 Constitution Avenue NW., Room 
S-2312, Washington, DC 20210; (202) 693-5959.

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


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

Occupational Safety and Health Administration

Bloodborne Pathogens (RIN 1218-AC34)

    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.

 Edward C. Hugler,
Acting Secretary of Labor.

                Office of the Secretary--Final Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
160.......................  Change of Mailing Address          1290-AA32
                             for the Benefits Review
                             Board (Section 610
                             Review).
------------------------------------------------------------------------


      Employee Benefits Security Administration--Completed Actions
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
161.......................  Guide or Similar                   1210-AB53
                             Requirement for Section
                             408(b)(2) Disclosures.
162.......................  Definition of the Term             1210-AB79
                             Fiduciary--Delay of
                             Applicability Date.
------------------------------------------------------------------------


   Occupational Safety and Health Administration--Proposed Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
163.......................  Occupational Exposure to           1218-AB76
                             Beryllium.
------------------------------------------------------------------------


    Occupational Safety and Health Administration--Long-Term Actions
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
164.......................  Infectious Diseases.......         1218-AC46
------------------------------------------------------------------------


    Occupational Safety and Health Administration--Completed Actions
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
165.......................  Bloodborne Pathogens               1218-AC34
                             (Completion of a Section
                             610 Review).
166.......................  Combustible Dust..........         1218-AC41
167.......................  Preventing Backover                1218-AC51
                             Injuries and Fatalities.
------------------------------------------------------------------------


[[Page 40315]]

DEPARTMENT OF LABOR (DOL)

Office of the Secretary (OS)

Final Rule Stage

160.  Change of Mailing Address for the Benefits Review Board 
(Section 610 Review)

    Legal Authority: 5 U.S.C. 301; 30 U.S.C. 901 et seq.; 33 U.S.C. 901 
et seq.
    Abstract: The rule amends one section of the Benefits Review 
Board's regulations in order to change the mailing address for 
correspondence and legal pleadings sent to the Board.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Final Rule..........................   12/00/17  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Agency Contact: Thomas Shepherd, Clerk of the Appellate Boards, 
Department of Labor, Office of the Secretary, 200 Constitution Avenue 
NW., Room S-5220, Washington, DC 20210, Phone: 202 693-6319, Email: 
[email protected].
    RIN: 1290-AA32

DEPARTMENT OF LABOR (DOL)

Employee Benefits Security Administration (EBSA)

Completed Actions

161. Guide or Similar Requirement for Section 408(b)(2) Disclosures

    Legal Authority: 29 U.S.C. 1108(b)(2); 29 U.S.C. 1135
    Abstract: Paragraph (c) of 29 CFR 2550.408(b)-2 requires covered 
service providers to make certain disclosures to responsible plan 
fiduciaries in order for contracts or arrangements between the parties 
to be considered reasonable under section 408(b)(2) of the Employee 
Retirement Income Security Act (ERISA). This rulemaking would amend the 
disclosure provisions in paragraph (c) so that covered service 
providers may be required to furnish a guide or similar tool along with 
such disclosures. A guide or similar requirement may assist 
fiduciaries, especially fiduciaries to small and medium-sized plans, in 
identifying and understanding the potentially complex disclosure 
documents that are provided to them, or if disclosures are located in 
multiple documents.
    EBSA is withdrawing this entry from the agenda at this time. 
Withdrawal of an entry does not necessarily mean that EBSA will not 
proceed with the rulemaking in the future. Withdrawal allows EBSA to 
assess the subject matter further and determine whether rulemaking in 
this area is appropriate. Following such an assessment, EBSA may 
determine that rulemaking is appropriate. If that determination is 
made, this or a similar matter will be included in succeeding 
semiannual agenda.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   03/12/14  79 FR 13949
NPRM Comment Period End.............   06/10/14  .......................
Withdrawn...........................   03/30/17  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Jeffrey J. Turner, Deputy Director, Office of 
Regulations and Interpretations, Department of Labor, Employee Benefits 
Security Administration, 200 Constitution Avenue NW., FP Building, Room 
N-5655, Washington, DC 20210, Phone: 202 693-8500.
    RIN: 1210-AB53

162.  Definition of the Term Fiduciary--Delay of Applicability 
Date

    Legal Authority: 29 U.S.C. 1002 (ERISA sec 3(21)); 29 U.S.C. 1135 
(ERISA sec 505)
    Abstract: This rulemaking extends for 60 days the applicability 
date of the final regulation, published on April 8, 2016, defining who 
is a ``fiduciary'' under the Employee Retirement Income Security Act of 
1974 and the Internal Revenue Code of 1986. It also extends for 60 days 
the applicability dates of the Best Interest Contract Exemption and the 
Class Exemption for Principal Transactions in Certain Assets Between 
Investment Advice Fiduciaries and Employee Benefit Plans and IRAs. It 
requires that fiduciaries relying on these exemptions for covered 
transactions adhere only to the Impartial Conduct Standards (including 
the best ``interest'' standard), as conditions of the exemptions during 
the transition period from June 9, 2017, through January 1, 2018. Thus, 
the fiduciary definition in the rule (Fiduciary Rule or Rule) published 
on April 8, 2016, and Impartial Conduct Standards in these exemptions, 
are applicable on June 9, 2017, while compliance with the remaining 
conditions in these exemptions, such as requirements to make specific 
written disclosures and representations of fiduciary compliance in 
communications with investors, is not required until January 1, 2018. 
This rulemaking also delays the applicability of amendments to 
Prohibited Transaction Exemption 84-24 until January 1, 2018, other 
than the Impartial Conduct Standards, which will become applicable on 
June 9, 2017. Finally, this rulemaking extends for 60 days the 
applicability dates of amendments to other previously granted 
exemptions. The President, by Memorandum to the Secretary of Labor 
dated February 3, 2017, directed the Department of Labor to examine 
whether the Fiduciary Rule may adversely affect the ability of 
Americans to gain access to retirement information and financial 
advice, and to prepare an updated economic and legal analysis 
concerning the likely impact of the Fiduciary Rule as part of that 
examination. The extensions announced in this rulemaking are necessary 
to enable the Department to perform this examination and to consider 
possible changes with respect to the Fiduciary Rule and PTEs based on 
new evidence or analysis developed pursuant to the examination.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Proposed Rule; Extension of            03/03/17  82 FR 12319
 Applicability Date.
Proposed Rule Comment Period End....   03/17/17  .......................
Final Rule; Delay of Applicability     04/07/17  82 FR 16902
 Date.
Final Rule; Delay of Applicability     06/09/17  .......................
 Date Effective.
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Jeffrey J. Turner, Deputy Director, Office of 
Regulations and Interpretations, Department of Labor, Employee Benefits 
Security Administration, 200 Constitution Avenue NW., FP Building, Room 
N-5655, Washington, DC 20210, Phone: 202 693-8500, Fax: 202 219-7291.
    RIN: 1210-AB79

DEPARTMENT OF LABOR (DOL)

Occupational Safety and Health Administration (OSHA)

Proposed Rule Stage

163. Occupational Exposure to Beryllium

    Legal Authority: 29 U.S.C. 655(b); 29 U.S.C. 657
    Abstract: In 1999 and 2001, OSHA was petitioned to issue an 
emergency temporary standard for permissible exposure limit (PEL) to 
beryllium by the

[[Page 40316]]

United Steel Workers (formerly the Paper Allied-Industrial, Chemical, 
and Energy Workers Union), Public Citizen Health Research Group, and 
others. The Agency denied the petitions but stated its intent to begin 
data gathering to collect needed information on beryllium's toxicity, 
risks, and patterns of usage. On November 26, 2002, OSHA published a 
Request for Information (RFI) (67 FR 70707) to solicit information 
pertinent to occupational exposure to beryllium, including: Current 
exposures to beryllium; the relationship between exposure to beryllium 
and the development of adverse health effects; exposure assessment and 
monitoring methods; exposure control methods; and medical surveillance. 
In addition, the Agency conducted field surveys of selected worksites 
to assess current exposures and control methods being used to reduce 
employee exposures to beryllium. OSHA convened a Small Business 
Advocacy Review Panel under the Small Business Regulatory Enforcement 
Fairness Act (SBREFA) and completed the SBREFA Report in January 2008. 
OSHA also completed a scientific peer review of its draft risk 
assessment. OSHA published a NPRM for a comprehensive beryllium 
standard for general industry on August 7, 2015 (80 FR 47565) and 
convened an informal public hearing on the proposed hearings in 
Washington, DC, on March 21 and 22, 2016. Following the Agency's review 
and consideration of comments and testimony received on the proposed 
standard, OSHA published final comprehensive standards for general 
industry, construction and shipyards on January 9, 2017 (82 FR 2470). 
In accordance with the Presidential directive as expressed in the 
memorandum of January 20, 2017 from the Assistant to the President and 
Chief of Staff entitled ``Regulatory Freeze Pending Review,'' OSHA 
delayed the effective date of the standard to May 20, 2017, to allow 
OSHA officials the opportunity for further review and consideration of 
the new regulations. Based on this review and the comments received in 
response to extending the effective date on June 27, 2017. OSHA 
proposed changes to the standards that apply to construction and 
shipyard operations.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Request for Information (RFI).......   11/26/02  67 FR 70707
RFI Comment Period End..............   02/24/03  .......................
SBREFA Report Completed.............   01/23/08  .......................
Initiated Peer Review of Health        03/22/10  .......................
 Effects and Risk Assessment.
Complete Peer Review................   11/19/10  .......................
NPRM................................   08/07/15  80 FR 47565
NPRM Comment Period End.............   11/05/15  .......................
Notice of Public Hearing; Date 02/29/  12/30/15  80 FR 81475
 2016.
Notice of Public Hearing; Date         02/16/16  81 FR 7717
 Change 03/21/2016.
Final Rule..........................   01/09/17  82 FR 2470
Final Rule; Delay of Effective Date.   02/01/17  82 FR 8901
Final Rule; Proposed Further Delay     03/02/17  82 FR 12318
 of Effective Date.
Final Rule; Further Delay of           03/21/17  82 FR 14439
 Effective Date.
Final Rule; Further Delay of           05/20/17  .......................
 Effective Date Effective.
NPRM................................   06/27/17  82 FR 29182
NPRM Comment Period End.............   08/28/17  .......................
------------------------------------------------------------------------

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

DEPARTMENT OF LABOR (DOL)

Occupational Safety and Health Administration (OSHA)

Long-Term Actions

164. Infectious Diseases

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

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Request for Information (RFI).......   05/06/10  75 FR 24835
RFI Comment Period End..............   08/04/10  .......................
Analyze Comments....................   12/30/10  .......................
Stakeholder Meetings................   07/05/11  76 FR 39041
Initiate SBREFA.....................   06/04/14  .......................
Complete SBREFA.....................   12/22/14  .......................
                                     -----------------------------------
NPRM................................           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-AC46


[[Page 40317]]



DEPARTMENT OF LABOR (DOL)

Occupational Safety and Health Administration (OSHA)

Completed Actions

165. Bloodborne Pathogens (Completion of a 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. OSHA is 
withdrawing this entry from the agenda at this time due to resource 
constraints and other priorities.
    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.
Withdrawn...........................   03/30/17  .......................
------------------------------------------------------------------------

    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

166. 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. OSHA is withdrawing this entry from 
the agenda at this time due to resource constraints and other 
priorities.
    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
Withdrawn...........................   03/30/17  .......................
------------------------------------------------------------------------

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

167. 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. OSHA is withdrawing 
this entry from the agenda at this time due to resource constraints and 
other priorities.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Request for Information (RFI).......   03/29/12  77 FR 18973
RFI Comment Period End..............   07/27/12  .......................
Withdrawn...........................   03/30/17  .......................
------------------------------------------------------------------------

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

[FR Doc. 2017-17060 Filed 8-23-17; 8:45 am]
 BILLING CODE 4510-HL-P



                                                                                                          Vol. 82                           Thursday,
                                                                                                          No. 163                           August 24, 2017




                                                                                                          Part XII


                                                                                                          Department of Labor
                                                                                                          Semiannual Regulatory Agenda
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                                                     40314                      Federal Register / Vol. 82, No. 163 / Thursday, August 24, 2017 / Unified Agenda

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

                                                                                                                   OFFICE OF THE SECRETARY—FINAL RULE STAGE
                                                                                                                                                                                                                                                  Regulation
                                                       Sequence No.                                                                                        Title                                                                                 Identifier No.

                                                     160 ....................   Change of Mailing Address for the Benefits Review Board (Section 610 Review) ........................................                                               1290–AA32


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

                                                     161 ....................   Guide or Similar Requirement for Section 408(b)(2) Disclosures ...................................................................                                  1210–AB53
                                                     162 ....................   Definition of the Term Fiduciary—Delay of Applicability Date .........................................................................                              1210–AB79


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

                                                     163 ....................   Occupational Exposure to Beryllium ................................................................................................................                 1218–AB76


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

                                                     164 ....................   Infectious Diseases ..........................................................................................................................................      1218–AC46
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                                                                                          OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION—COMPLETED ACTIONS
                                                                                                                                                                                                                                                  Regulation
                                                       Sequence No.                                                                                        Title                                                                                 Identifier No.

                                                     165 ....................   Bloodborne Pathogens (Completion of a Section 610 Review) ......................................................................                                    1218–AC34
                                                     166 ....................   Combustible Dust .............................................................................................................................................      1218–AC41
                                                     167 ....................   Preventing Backover Injuries and Fatalities ....................................................................................................                    1218–AC51




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                                                                               Federal Register / Vol. 82, No. 163 / Thursday, August 24, 2017 / Unified Agenda                                            40315

                                                     DEPARTMENT OF LABOR (DOL)                                 allows EBSA to assess the subject matter                Transaction Exemption 84–24 until
                                                                                                               further and determine whether                           January 1, 2018, other than the Impartial
                                                     Office of the Secretary (OS)
                                                                                                               rulemaking in this area is appropriate.                 Conduct Standards, which will become
                                                     Final Rule Stage                                          Following such an assessment, EBSA                      applicable on June 9, 2017. Finally, this
                                                                                                               may determine that rulemaking is                        rulemaking extends for 60 days the
                                                     160. • Change of Mailing Address for
                                                                                                               appropriate. If that determination is                   applicability dates of amendments to
                                                     the Benefits Review Board (Section 610
                                                                                                               made, this or a similar matter will be                  other previously granted exemptions.
                                                     Review)
                                                                                                               included in succeeding semiannual                       The President, by Memorandum to the
                                                       Legal Authority: 5 U.S.C. 301; 30                       agenda.                                                 Secretary of Labor dated February 3,
                                                     U.S.C. 901 et seq.; 33 U.S.C. 901 et seq.                    Timetable:                                           2017, directed the Department of Labor
                                                       Abstract: The rule amends one section                                                                           to examine whether the Fiduciary Rule
                                                     of the Benefits Review Board’s                                   Action                 Date         FR Cite      may adversely affect the ability of
                                                     regulations in order to change the                                                                                Americans to gain access to retirement
                                                     mailing address for correspondence and                    NPRM ..................   03/12/14     79 FR 13949      information and financial advice, and to
                                                     legal pleadings sent to the Board.                        NPRM Comment              06/10/14
                                                                                                                Period End.
                                                                                                                                                                       prepare an updated economic and legal
                                                       Timetable:                                                                                                      analysis concerning the likely impact of
                                                                                                               Withdrawn ...........     03/30/17
                                                                                                                                                                       the Fiduciary Rule as part of that
                                                            Action               Date           FR Cite
                                                                                                                 Regulatory Flexibility Analysis                       examination. The extensions announced
                                                     Final Rule ............    12/00/17                       Required: Yes.                                          in this rulemaking are necessary to
                                                                                                                 Agency Contact: Jeffrey J. Turner,                    enable the Department to perform this
                                                       Regulatory Flexibility Analysis                         Deputy Director, Office of Regulations                  examination and to consider possible
                                                     Required: No.                                             and Interpretations, Department of                      changes with respect to the Fiduciary
                                                       Agency Contact: Thomas Shepherd,                        Labor, Employee Benefits Security                       Rule and PTEs based on new evidence
                                                     Clerk of the Appellate Boards,                            Administration, 200 Constitution                        or analysis developed pursuant to the
                                                     Department of Labor, Office of the                        Avenue NW., FP Building, Room N–                        examination.
                                                     Secretary, 200 Constitution Avenue                        5655, Washington, DC 20210, Phone:                        Timetable:
                                                     NW., Room S–5220, Washington, DC                          202 693–8500.
                                                     20210, Phone: 202 693–6319, Email:                                                                                      Action          Date        FR Cite
                                                                                                                 RIN: 1210–AB53
                                                     shepherd.thomas@dol.gov.
                                                       RIN: 1290–AA32                                          162. • Definition of the Term                           Proposed Rule;       03/03/17   82 FR 12319
                                                                                                               Fiduciary—Delay of Applicability Date                     Extension of
                                                                                                                                                                         Applicability
                                                                                                                  Legal Authority: 29 U.S.C. 1002                        Date.
                                                     DEPARTMENT OF LABOR (DOL)                                 (ERISA sec 3(21)); 29 U.S.C. 1135                       Proposed Rule        03/17/17
                                                                                                               (ERISA sec 505)                                           Comment Pe-
                                                     Employee Benefits Security                                   Abstract: This rulemaking extends for                  riod End.
                                                     Administration (EBSA)                                     60 days the applicability date of the                   Final Rule; Delay    04/07/17   82 FR 16902
                                                                                                                                                                         of Applicability
                                                     Completed Actions                                         final regulation, published on April 8,                   Date.
                                                                                                               2016, defining who is a ‘‘fiduciary’’                   Final Rule; Delay    06/09/17
                                                     161. Guide or Similar Requirement for                     under the Employee Retirement Income                      of Applicability
                                                     Section 408(b)(2) Disclosures                             Security Act of 1974 and the Internal                     Date Effective.
                                                        Legal Authority: 29 U.S.C. 1108(b)(2);                 Revenue Code of 1986. It also extends
                                                     29 U.S.C. 1135                                            for 60 days the applicability dates of the                Regulatory Flexibility Analysis
                                                        Abstract: Paragraph (c) of 29 CFR                      Best Interest Contract Exemption and                    Required: Yes.
                                                     2550.408(b)–2 requires covered service                    the Class Exemption for Principal                         Agency Contact: Jeffrey J. Turner,
                                                     providers to make certain disclosures to                  Transactions in Certain Assets Between                  Deputy Director, Office of Regulations
                                                     responsible plan fiduciaries in order for                 Investment Advice Fiduciaries and                       and Interpretations, Department of
                                                     contracts or arrangements between the                     Employee Benefit Plans and IRAs. It                     Labor, Employee Benefits Security
                                                     parties to be considered reasonable                       requires that fiduciaries relying on these              Administration, 200 Constitution
                                                     under section 408(b)(2) of the Employee                   exemptions for covered transactions                     Avenue NW., FP Building, Room N–
                                                     Retirement Income Security Act                            adhere only to the Impartial Conduct                    5655, Washington, DC 20210, Phone:
                                                     (ERISA). This rulemaking would amend                      Standards (including the best ‘‘interest’’              202 693–8500, Fax: 202 219–7291.
                                                     the disclosure provisions in paragraph                    standard), as conditions of the                           RIN: 1210–AB79
                                                     (c) so that covered service providers                     exemptions during the transition period
                                                     may be required to furnish a guide or                     from June 9, 2017, through January 1,
                                                     similar tool along with such disclosures.                 2018. Thus, the fiduciary definition in                 DEPARTMENT OF LABOR (DOL)
                                                     A guide or similar requirement may                        the rule (Fiduciary Rule or Rule)
                                                     assist fiduciaries, especially fiduciaries                published on April 8, 2016, and                         Occupational Safety and Health
                                                     to small and medium-sized plans, in                       Impartial Conduct Standards in these                    Administration (OSHA)
                                                     identifying and understanding the                         exemptions, are applicable on June 9,                   Proposed Rule Stage
                                                     potentially complex disclosure                            2017, while compliance with the
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                                                     documents that are provided to them, or                   remaining conditions in these                           163. Occupational Exposure to
                                                     if disclosures are located in multiple                    exemptions, such as requirements to                     Beryllium
                                                     documents.                                                make specific written disclosures and                     Legal Authority: 29 U.S.C. 655(b); 29
                                                        EBSA is withdrawing this entry from                    representations of fiduciary compliance                 U.S.C. 657
                                                     the agenda at this time. Withdrawal of                    in communications with investors, is                      Abstract: In 1999 and 2001, OSHA
                                                     an entry does not necessarily mean that                   not required until January 1, 2018. This                was petitioned to issue an emergency
                                                     EBSA will not proceed with the                            rulemaking also delays the applicability                temporary standard for permissible
                                                     rulemaking in the future. Withdrawal                      of amendments to Prohibited                             exposure limit (PEL) to beryllium by the


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                                                     40316                 Federal Register / Vol. 82, No. 163 / Thursday, August 24, 2017 / Unified Agenda

                                                     United Steel Workers (formerly the                             Action                 Date         FR Cite      Syndrome (SARS) and pandemic
                                                     Paper Allied-Industrial, Chemical, and                                                                          influenza. Health care workers and
                                                     Energy Workers Union), Public Citizen                   SBREFA Report             01/23/08                      workers in related occupations, or who
                                                     Health Research Group, and others. The                     Completed.                                           are exposed in other high-risk
                                                     Agency denied the petitions but stated                  Initiated Peer Re-        03/22/10
                                                                                                                view of Health
                                                                                                                                                                     environments, are at increased risk of
                                                     its intent to begin data gathering to                                                                           contracting TB, SARS, Methicillin-
                                                                                                                Effects and
                                                     collect needed information on                              Risk Assess-                                         resistant Staphylococcus aureus
                                                     beryllium’s toxicity, risks, and patterns                  ment.                                                (MRSA), and other infectious diseases
                                                     of usage. On November 26, 2002, OSHA                    Complete Peer             11/19/10                      that can be transmitted through a variety
                                                     published a Request for Information                        Review.                                              of exposure routes. OSHA is concerned
                                                     (RFI) (67 FR 70707) to solicit                          NPRM ..................   08/07/15     80 FR 47565
                                                                                                                                                                     about the ability of employees to
                                                     information pertinent to occupational                   NPRM Comment              11/05/15
                                                                                                                Period End.                                          continue to provide health care and
                                                     exposure to beryllium, including:                                                                               other critical services without
                                                                                                             Notice of Public          12/30/15     80 FR 81475
                                                     Current exposures to beryllium; the                        Hearing; Date                                        unreasonably jeopardizing their health.
                                                     relationship between exposure to                           02/29/2016.                                          OSHA is developing a standard to
                                                     beryllium and the development of                        Notice of Public          02/16/16     81 FR 7717       ensure that employers establish a
                                                     adverse health effects; exposure                           Hearing; Date                                        comprehensive infection control
                                                     assessment and monitoring methods;                         Change 03/21/
                                                                                                                2016.                                                program and control measures to protect
                                                     exposure control methods; and medical
                                                                                                             Final Rule ............   01/09/17     82 FR 2470       employees from infectious disease
                                                     surveillance. In addition, the Agency
                                                     conducted field surveys of selected                     Final Rule; Delay         02/01/17     82 FR 8901       exposures to pathogens that can cause
                                                     worksites to assess current exposures
                                                                                                                of Effective                                         significant disease. Workplaces where
                                                                                                                Date.                                                such control measures might be
                                                     and control methods being used to                       Final Rule; Pro-          03/02/17     82 FR 12318
                                                     reduce employee exposures to                                                                                    necessary include: Health care,
                                                                                                                posed Further
                                                     beryllium. OSHA convened a Small                           Delay of Effec-
                                                                                                                                                                     emergency response, correctional
                                                     Business Advocacy Review Panel under                       tive Date.                                           facilities, homeless shelters, drug
                                                     the Small Business Regulatory                           Final Rule; Fur-          03/21/17     82 FR 14439      treatment programs, and other
                                                     Enforcement Fairness Act (SBREFA)                          ther Delay of                                        occupational settings where employees
                                                     and completed the SBREFA Report in                         Effective Date.                                      can be at increased risk of exposure to
                                                                                                             Final Rule; Fur-          05/20/17                      potentially infectious people. A
                                                     January 2008. OSHA also completed a                        ther Delay of
                                                     scientific peer review of its draft risk                   Effective Date
                                                                                                                                                                     standard could also apply to
                                                     assessment. OSHA published a NPRM                          Effective.                                           laboratories, which handle materials
                                                     for a comprehensive beryllium standard                  NPRM ..................   06/27/17     82 FR 29182      that may be a source of pathogens, and
                                                     for general industry on August 7, 2015                  NPRM Comment              08/28/17                      to pathologists, coroners’ offices,
                                                     (80 FR 47565) and convened an                              Period End.                                          medical examiners, and mortuaries.
                                                     informal public hearing on the proposed                                                                            Timetable:
                                                     hearings in Washington, DC, on March                      Regulatory Flexibility Analysis
                                                     21 and 22, 2016. Following the Agency’s                 Required: Yes.
                                                                                                               Agency Contact: William Perry,                               Action              Date        FR Cite
                                                     review and consideration of comments
                                                     and testimony received on the proposed                  Director, Directorate of Standards and                  Request for Infor-        05/06/10   75 FR 24835
                                                     standard, OSHA published final                          Guidance, Department of Labor,                             mation (RFI).
                                                     comprehensive standards for general                     Occupational Safety and Health                          RFI Comment Pe-           08/04/10
                                                     industry, construction and shipyards on                 Administration, 200 Constitution                           riod End.
                                                     January 9, 2017 (82 FR 2470). In                        Avenue NW., FP Building, Room N–                        Analyze Com-              12/30/10
                                                     accordance with the Presidential                        3718, Washington, DC 20210, Phone:                         ments.
                                                     directive as expressed in the                           202 693–1950, Fax: 202 693–1678,                        Stakeholder Meet-         07/05/11   76 FR 39041
                                                     memorandum of January 20, 2017 from                     Email: perry.bill@dol.gov.                                 ings.
                                                     the Assistant to the President and Chief                  RIN: 1218–AB76                                        Initiate SBREFA ..        06/04/14
                                                     of Staff entitled ‘‘Regulatory Freeze                                                                           Complete                  12/22/14
                                                                                                                                                                        SBREFA.
                                                     Pending Review,’’ OSHA delayed the
                                                     effective date of the standard to May 20,               DEPARTMENT OF LABOR (DOL)                               NPRM ..................     To Be Determined
                                                     2017, to allow OSHA officials the
                                                     opportunity for further review and                      Occupational Safety and Health
                                                     consideration of the new regulations.                   Administration (OSHA)                                     Regulatory Flexibility Analysis
                                                     Based on this review and the comments                                                                           Required: Yes.
                                                                                                             Long-Term Actions
                                                     received in response to extending the                                                                             Agency Contact: William Perry,
                                                     effective date on June 27, 2017. OSHA                   164. Infectious Diseases                                Director, Directorate of Standards and
                                                     proposed changes to the standards that                    Legal Authority: 5 U.S.C. 533; 29                     Guidance, Department of Labor,
                                                     apply to construction and shipyard                      U.S.C. 657 and 658; 29 U.S.C. 660; 29                   Occupational Safety and Health
                                                     operations.                                             U.S.C. 666; 29 U.S.C. 669; 29 U.S.C. 673
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                                                                                                                                                                     Administration, 200 Constitution
                                                        Timetable:                                             Abstract: Employees in health care                    Avenue NW., FP Building, Room N–
                                                                                                             and other high-risk environments face                   3718, Washington, DC 20210, Phone:
                                                            Action             Date           FR Cite
                                                                                                             long-standing infectious disease hazards                202 693–1950, Fax: 202 693–1678,
                                                                                                             such as tuberculosis (TB), varicella                    Email: perry.bill@dol.gov.
                                                     Request for Infor-      11/26/02      67 FR 70707       disease (chickenpox, shingles), and
                                                       mation (RFI).                                         measles (rubeola), as well as new and                     RIN: 1218–AC46
                                                     RFI Comment Pe-         02/24/03                        emerging infectious disease threats,
                                                       riod End.                                             such as Severe Acute Respiratory


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                                                                             Federal Register / Vol. 82, No. 163 / Thursday, August 24, 2017 / Unified Agenda                                               40317

                                                     DEPARTMENT OF LABOR (DOL)                               166. Combustible Dust                                  four leading causes of workplace
                                                                                                                Legal Authority: 29 U.S.C. 655(b); 29               fatalities. The Bureau of Labor Statistics
                                                     Occupational Safety and Health
                                                                                                             U.S.C. 657                                             reports that in 2013, 67 workers were
                                                     Administration (OSHA)
                                                                                                                Abstract: Occupational Safety and                   fatally backed over while working.
                                                     Completed Actions                                       Health Administration (OSHA) has                       While many backing incidents can
                                                                                                             initiated rulemaking to develop a                      prove to be fatal, workers can suffer
                                                     165. Bloodborne Pathogens (Completion
                                                                                                             combustible dust standard for general                  severe, non-fatal injuries as well. A
                                                     of a Section 610 Review)
                                                                                                             industry. OSHA will use information                    review of OSHA’s Integrated
                                                       Legal Authority: 5 U.S.C. 533; 5 U.S.C.               gathered, including from an upcoming                   Management Information System (IMIS)
                                                     610; 29 U.S.C. 655(b)                                   SBREFA panel, to develop a                             database found that backing incidents
                                                       Abstract: OSHA will undertake a                                                                              can result in serious injury to the back
                                                                                                             comprehensive standard that addresses
                                                     review of the Bloodborne Pathogen                                                                              and pelvis, fractured bones,
                                                                                                             combustible dust hazards. OSHA is
                                                     Standard (29 CFR 1910.1030) in                                                                                 concussions, amputations, and other
                                                                                                             withdrawing this entry from the agenda
                                                     accordance with the requirements of the                                                                        injuries. Emerging technologies in the
                                                                                                             at this time due to resource constraints
                                                     Regulatory Flexibility Act and section 5                                                                       field of backing operations may prevent
                                                                                                             and other priorities.
                                                     of Executive Order 12866. The review                       Timetable:                                          incidents. The technologies include
                                                     will consider the continued need for the                                                                       cameras and proximity detection
                                                     rule; whether the rule overlaps,                               Action                Date         FR Cite      systems. The use of spotters and
                                                     duplicates, or conflicts with other                                                                            internal traffic control plans can also
                                                     Federal, State or local regulations; and                ANPRM ...............    10/21/09     74 FR 54333      make backing operations safer. The
                                                     the degree to which technology,                         Notice of Stake-         12/14/09                      Agency has held stakeholder meetings
                                                     economic conditions, or other factors                     holder Meetings.
                                                                                                             ANPRM Comment            01/19/10
                                                                                                                                                                    on backovers, and is conducting site
                                                     may have changed since the rule was                                                                            visits to employers, and is developing a
                                                                                                               Period End.
                                                     evaluated. OSHA is withdrawing this                                                                            standard to address these hazards.
                                                                                                             Notice of Stake-         03/09/10     75 FR 10739
                                                     entry from the agenda at this time due                    holder Meetings.                                     OSHA is withdrawing this entry from
                                                     to resource constraints and other                       Withdrawn ...........    03/30/17                      the agenda at this time due to resource
                                                     priorities.                                                                                                    constraints and other priorities.
                                                       Timetable:                                              Regulatory Flexibility Analysis                         Timetable:
                                                                                                             Required: Yes.
                                                            Action             Date           FR Cite          Agency Contact: William Perry,                             Action              Date        FR Cite
                                                                                                             Director, Directorate of Standards and
                                                     Begin Review ......      10/22/09                                                                              Request for Infor-       03/29/12   77 FR 18973
                                                     Notice of Request        05/14/10     75 FR 27237       Guidance, Department of Labor,
                                                                                                             Occupational Safety and Health                           mation (RFI).
                                                       for Comment.                                                                                                 RFI Comment Pe-          07/27/12
                                                     Notice of Request        08/12/10                       Administration, 200 Constitution
                                                                                                                                                                      riod End.
                                                       for Comment                                           Avenue NW., FP Building, Room N–                       Withdrawn ...........    03/30/17
                                                       Period End.                                           3718, Washington, DC 20210, Phone:
                                                     Withdrawn ...........    03/30/17                       202 693–1950, Fax: 202 693–1678,                         Regulatory Flexibility Analysis
                                                                                                             Email: perry.bill@dol.gov.                             Required: Yes.
                                                       Regulatory Flexibility Analysis                         RIN: 1218–AC41
                                                     Required: No.                                                                                                    Agency Contact: Dean McKenzie,
                                                       Agency Contact: Amanda Edens,                         167. Preventing Backover Injuries and                  Director, Directorate of Construction,
                                                     Director, Directorate of Technical                      Fatalities                                             Department of Labor, Occupational
                                                     Support and Emergency Management,                          Legal Authority: 29 U.S.C. 655(b)                   Safety and Health Administration, 200
                                                     Department of Labor, Occupational                          Abstract: Backing vehicles and                      Constitution Avenue NW., FP Building,
                                                     Safety and Health Administration, 200                   equipment are common causes of                         Room N–3468, Washington, DC 20210,
                                                     Constitution Avenue NW., FP Building,                   struck-by injuries and can also cause                  Phone: 202 693–2020, Fax: 202 693–
                                                     Room N–3653, Washington, DC 20210,                      caught-between injuries when backing                   1689, Email: mckenzie.dean@dol.gov.
                                                     Phone: 202 693–2300, Fax: 202 693–                      vehicles and equipment pin a worker                      RIN: 1218–AC51
                                                     1644, Email: edens.mandy@dol.gov.                       against an object. Struck-by injuries and              [FR Doc. 2017–17060 Filed 8–23–17; 8:45 am]
                                                       RIN: 1218–AC34                                        caught-between injuries are two of the                 BILLING CODE 4510–HL–P
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Document Created: 2018-10-24 12:37:07
Document Modified: 2018-10-24 12:37:07
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionUnknown Section
ActionSemiannual Regulatory Agenda.
ContactLaura M. Dawkins, Director, Office of Regulatory and Programmatic Policy, Office of the Assistant Secretary for Policy, U.S. Department of Labor, 200 Constitution Avenue NW., Room S-2312, Washington, DC 20210; (202) 693-5959.
FR Citation82 FR 40313 
CFR Citation30
Title 30 CFR Chapter I
41
Title 41 CFR Chapter 60
48
Title 48 CFR Chapter 29

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