Semiannual Agenda of Regulations

Part XII

Department of Labor

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###Semiannual Regulatory Agenda###

[[Page 79804]]

DEPARTMENT OF LABOR (DOL)

_______________________________________________________________________

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. In

addition, the Department's Regulatory Plan, a subset of the

Department's regulatory agenda, is being published in the Federal

Register. The Regulatory Plan contains a statement of the Department's

regulatory priorities and the regulatory actions the Department wants

to highlight as its most important and significant.

FOR FURTHER INFORMATION CONTACT: Kathleen Franks, Director, Office of

Regulatory Policy, Office of the Assistant Secretary for Policy, U.S.

Department of Labor, 200 Constitution Avenue NW., Room S-2312,

Washington, DC 20210; (202) 693-5959.

Note: Information pertaining to a specific regulation can be obtained

from the agency contact listed for that particular regulation.

SUPPLEMENTARY INFORMATION: Executive Order 12866 requires the

semiannual publication of an agenda of regulations that contains a

listing of all the regulations the Department of Labor expects to have

under active consideration for promulgation, proposal, or review during

the coming one-year period. The entirety of the Department's semiannual

agenda is available online at www.reginfo.gov.

The Regulatory Flexibility Act (5 U.S.C. 602) requires DOL to

publish in the Federal Register a regulatory flexibility agenda.

The Department's Regulatory Flexibility Agenda published with this

notice, includes only those rules on its semiannual agenda that are

likely to have a significant economic impact on a substantial

number of small entities; and those rules identified for periodic

review in keeping with the requirements of section 610 of the

Regulatory Flexibility Act. Thus, the regulatory flexibility agenda

is a subset of the Department's semiannual regulatory agenda. At

this time, there is only one item, listed below, on the

Department's Regulatory Flexibility Agenda.

Occupational Safety and Health Administration

Bloodborne Pathogens (RIN 1218-AC34)

In addition, the Department's Regulatory Plan, also a subset of

the Department's regulatory agenda, is being published in the

Federal Register. The Regulatory Plan contains a statement of the

Department's regulatory priorities and the regulatory actions the

Department wants to highlight as its most important and

significant.

All interested members of the public are invited and encouraged

to let departmental officials know how our regulatory efforts can

be improved, and are invited to participate in and comment on the

review or development of the regulations listed on the Department's

agenda.

Hilda L. Solis,

Secretary of Labor.

Office of Labor-Management Standards--Proposed Rule Stage

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Regulation

Sequence Title Identifier

Number Number

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395 Persuader Agreements: Employer and Labor Relations Consultant Reporting Under the 1245-AA03

LMRDA (Reg Plan Seq No. 95)...........................................................

396 Persuader Agreements: Consultant Form LM-21 Receipts and Disbursements Report......... 1245-AA05

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References in boldface appear in The Regulatory Plan in part II of this issue of the Federal Register.

Office of Labor-Management Standards--Completed Actions

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Regulation

Sequence Title Identifier

Number Number

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

397 Notification of Employee Rights Under Federal Labor Laws.............................. 1245-AA00

398 Form T-1: Reports by Labor Organizations on Related Organizations; Reporting by Public 1245-AA02

Sector Intermediate Unions............................................................

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Employee Benefits Security Administration--Completed Actions

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Regulation

Sequence Title Identifier

Number Number

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

399 Improved Fee Disclosure for Pension Plan Participants................................. 1210-AB07

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[[Page 79805]]

Occupational Safety and Health Administration--Prerule Stage

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Regulation

Sequence Title Identifier

Number Number

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400 Occupational Exposure to Beryllium.................................................... 1218-AB76

401 Occupational Exposure to Food Flavorings Containing Diacetyl and Diacetyl Substitutes. 1218-AC33

402 Bloodborne Pathogens (Section 610 Review)............................................. 1218-AC34

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Occupational Safety and Health Administration--Proposed Rule Stage

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Regulation

Sequence Title Identifier

Number Number

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403 Occupational Exposure to Crystalline Silica (Reg Plan Seq No. 110).................... 1218-AB70

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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

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Regulation

Sequence Title Identifier

Number Number

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404 Confined Spaces in Construction....................................................... 1218-AB47

405 Electric Power Transmission and Distribution; Electrical Protective Equipment......... 1218-AB67

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Occupational Safety and Health Administration--Completed Actions

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Regulation

Sequence Title Identifier

Number Number

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406 Cranes and Derricks in Construction................................................... 1218-AC01

407 Methylene Chloride (Completion of a Section 610 Review)............................... 1218-AC23

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_______________________________________________________________________

Department of Labor (DOL) Proposed Rule Stage

Office of Labor--Management Standards (OLMS)

_______________________________________________________________________

395. PERSUADER AGREEMENTS: EMPLOYER AND LABOR RELATIONS CONSULTANT

REPORTING UNDER THE LMRDA

Regulatory Plan: This entry is Seq. No. 95 in part II of this issue of

the Federal Register.

RIN: 1245-AA03

_______________________________________________________________________

396. PERSUADER AGREEMENTS: CONSULTANT FORM LM-21

RECEIPTS AND DISBURSEMENTS REPORT

Legal Authority: 29 USC 433 and 438

Abstract: The Department intends to publish a notice and comment

rulemaking seeking consideration of the Form LM-21, Receipts and

Disbursements Report, which is required pursuant to section 203(b) of

the Labor-Management Reporting and Disclosure Act (LMRDA). The

rulemaking will propose mandatory electronic filing for Form LM-21

filers, and it will review the layout of the Form LM-21 and its

instructions, including the detail required to be reported.

Timetable:

________________________________________________________________________

Action Date FR Cite

________________________________________________________________________

NPRM 07/00/11

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Andrew R. Davis, Chief, Division of Interpretations and

Standards, Office of Labor-Management Standards, Department of Labor,

Office of Labor-Management Standards, Room N-5609, FP Building, 200

Constitution Avenue NW., Washington, DC 20210

Phone: 202 693-1254

Fax: 202 693-1340

Email: [email protected]

RIN: 1245-AA05

[[Page 79806]]

_______________________________________________________________________

Department of Labor (DOL) Completed Actions

Office of Labor--Management Standards (OLMS)

_______________________________________________________________________

397. NOTIFICATION OF EMPLOYEE RIGHTS UNDER FEDERAL LABOR LAWS

Legal Authority: EO 13496

Abstract: Pursuant to Executive Order 13496 of January 30, 2009, the

Department of Labor proposes to prescribe the size, form, and content

of the notice to be posted by a contractor under paragraph 1 of the

contract clause described in section 2 of the order. Such notice shall

describe the rights of employees under Federal labor laws, consistent

with the policy set forth in section 1 of the order.

Timetable:

________________________________________________________________________

Action Date FR Cite

________________________________________________________________________

NPRM 08/03/09 74 FR 38488

NPRM Comment Period End 09/02/09

Final Action 05/20/10 75 FR 28368

Final Action Effective 06/21/10

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Andrew R. Davis, Chief, Division of Interpretations and

Standards, Office of Labor-Management Standards, Department of Labor,

Office of Labor-Management Standards, Room N-5609, FP Building, 200

Constitution Avenue NW., Washington, DC 20210

Phone: 202 693-1254

Fax: 202 693-1340

Email: [email protected]

RIN: 1245-AA00

_______________________________________________________________________

398. FORM T-1: REPORTS BY LABOR ORGANIZATIONS ON RELATED ORGANIZATIONS;

REPORTING BY PUBLIC SECTOR INTERMEDIATE UNIONS

Legal Authority: 29 USC 438

Abstract: On October 2, 2008, the Department published a final rule

establishing a Form T-1, Trust Annual Report, which certain labor

organizations must file to disclose financial information regarding

trusts in which they are interested pursuant to the Labor-Management

Reporting and Disclosure Act (LMRDA). This rulemaking would propose to

rescind the Form T-1. It would instead propose that filers of Form LM-

2, Labor Organization Annual Report, report on their wholly owned,

wholly controlled and wholly financed organizations (``subsidiary

organizations'') on their Form LM-2 report. Additionally, the

rulemaking would propose to change an interpretation of the LMRDA

regarding intermediate bodies. The proposed revised interpretation

would state that intermediate bodies are covered only if they are

themselves composed, in whole or part, of private sector affiliates.

Timetable:

________________________________________________________________________

Action Date FR Cite

________________________________________________________________________

NPRM 02/02/10 75 FR 5456

NPRM Comment Period End 04/05/10

Final Action 12/01/10 75 FR 74936

Final Action Effective 01/03/11

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Andrew R. Davis, Chief, Division of Interpretations and

Standards, Office of Labor-Management Standards, Department of Labor,

Office of Labor-Management Standards, Room N-5609, FP Building, 200

Constitution Avenue NW., Washington, DC 20210

Phone: 202 693-1254

Fax: 202 693-1340

Email: [email protected]

RIN: 1245-AA02

_______________________________________________________________________

Department of Labor (DOL) Completed Actions

Employee Benefits Security Administration (EBSA)

_______________________________________________________________________

399. IMPROVED FEE DISCLOSURE FOR PENSION PLAN PARTICIPANTS

Legal Authority: 29 USC 1104; 29 USC 1135

Abstract: This rulemaking will ensure that the participants and

beneficiaries in participant-directed individual account plans are

provided the information they need, including information about fees

and expenses, to make informed investment decisions. The rulemaking may

include amendments to the regulation governing ERISA section 404(c)

plans (29 CFR 2550.404c-1). The rulemaking is needed to clarify and

improve the information currently required to be furnished to

participants and beneficiaries.

Timetable:

________________________________________________________________________

Action Date FR Cite

________________________________________________________________________

Request for Information 04/25/07 72 FR 20457

Comment Period End 07/24/07

NPRM 07/23/08 73 FR 43014

NPRM Comment Period End 09/08/08

Final Action 10/20/10 75 FR 64910

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Michael Del Conte, Pension Law Specialist, Department

of Labor, Employee Benefits Security Administration, 200 Constitution

Avenue NW., Room N-5655, Washington, DC 20210

Phone: 202 693-8500

Fax: 202 219-7291

RIN: 1210-AB07

_______________________________________________________________________

Department of Labor (DOL) Prerule Stage

Occupational Safety and Health Administration (OSHA)

_______________________________________________________________________

400. OCCUPATIONAL EXPOSURE TO BERYLLIUM

Legal Authority: 29 USC 655(b); 29 USC 657

Abstract: In 1999 and 2001, OSHA was petitioned to issue an emergency

temporary standard by the United Steel Workers (formerly the Paper

Allied-Industrial, Chemical, and Energy Workers Union), Public Citizen

Health Research Group, and others. The Agency denied the petitions but

stated its intent to begin data gathering to collect needed information

on beryllium's toxicity, risks, and patterns of usage.

On November 26, 2002, OSHA published a Request for Information

[[Page 79807]]

(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 work sites 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 is currently

conducting a scientific peer review of its draft risk assessment, which

is scheduled to be completed in November 2010. Additionally, an

economic peer review is scheduled to be completed in May 2011.

Timetable:

________________________________________________________________________

Action Date FR Cite

________________________________________________________________________

Request for Information 11/26/02 67 FR 70707

SBREFA Report Completed 01/23/08

Initiated Peer Review of Health

Effects and Risk Assessment 03/22/10

Complete Peer Review 11/19/10

Complete Economic Peer Review 05/00/11

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Dorothy Dougherty, 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

_______________________________________________________________________

401. OCCUPATIONAL EXPOSURE TO FOOD FLAVORINGS CONTAINING DIACETYL AND

DIACETYL SUBSTITUTES

Legal Authority: 29 USC 655(b); 29 USC 657

Abstract: On July 26, 2006, the United Food and Commercial Workers

International Union (UFCW) and the International Brotherhood of

Teamsters (IBT) petitioned DOL for an Emergency Temporary Standard

(ETS) for all employees exposed to diacetyl, a major component in

artificial butter flavoring. Diacetyl and a number of other volatile

organic compounds are used to manufacture artificial butter food

flavorings. These food flavorings are used by various food

manufacturers in a multitude of food products including microwave

popcorn, certain bakery goods, and some snack foods. OSHA denied the

petition on September 25, 2007, but has initiated 6(b) rulemaking.

Evidence from NIOSH and other sources indicated that employee exposure

to diacetyl and food flavorings containing diacetyl is associated with

bronchiolitis obliterans, a debilitating and potentially fatal disease

of the small airways in the lung. Severe obstructive airway disease has

been observed in the microwave popcorn industry and in food flavoring

manufacturing plants. Experimental evidence has shown that inhalation

exposure to artificial butter flavoring vapors and diacetyl damaged

tissue lining the nose and airways of rats and mice. OSHA published an

Advanced Notice of Proposed Rulemaking (ANPRM) on January 21, 2009, but

withdrew the ANPRM on March 17, 2009, in order to facilitate timely

development of a standard. The Agency subsequently initiated review of

the draft proposed standard in accordance with the Small Business

Regulatory Enforcement Fairness Act (SBREFA). The SBREFA Panel Report

was completed on July 2, 2009.

The occurrence of severe lung disease among workers in workplaces where

diacetyl is manufactured and used has led some manufacturers to reduce

or eliminate the amount of diacetyl in some kinds of flavorings, foods,

and beverages. They have begun to use substitutes such as 2,3-

pentanedione. These substitutes, some of which are structurally similar

to diacetyl, have not been well-studied and there is growing concern

that they also pose health risks for workers. Research on 2,3-

pentanedione conducted by NIOSH and NIEHS suggests that, in rats, 2,3-

pentanedione causes airway damage similar to that produced by diacetyl.

NIOSH is currently developing a criteria document on occupational

exposure to diacetyl. The criteria document will also address exposure

to 2,3-pentanedione. It will include an assessment of the effects of

exposure as well as quantitative risk assessment. OSHA intends to rely

on these portions of the criteria document for the health effects

analysis and quantitative risk assessment for the Agency's diacetyl

rulemaking. NIOSH will initiate public peer review of the criteria

document in April, 2011.

Timetable:

________________________________________________________________________

Action Date FR Cite

________________________________________________________________________

Stakeholder Meeting 10/17/07 72 FR 54619

ANPRM 01/21/09 74 FR 3937

ANPRM Withdrawn 03/17/09 74 FR 11329

ANPRM Comment Period End 04/21/09

Completed SBREFA Report 07/02/09

Initiate Peer Review of Health

Effects and Risk Assessment 04/00/11

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Dorothy Dougherty, 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-AC33

_______________________________________________________________________

402. BLOODBORNE PATHOGENS (SECTION 610 REVIEW)

Legal Authority: 5 USC 533; 5 USC 610; 29 USC 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

[[Page 79808]]

Request for Comments Published 05/14/10 75 FR 27237

Comment Period End 08/12/10

Analyze Comments 05/00/11

Regulatory Flexibility Analysis Required: No

Agency Contact: John Smith, Directorate of Evaluation and Analysis,

Department of Labor, Occupational Safety and Health Administration, 200

Constitution Avenue NW., FP Building, Room N-3641, Washington, DC 20210

Phone: 202 693-2400

Fax: 202 693-1641

Email: [email protected]

RIN: 1218-AC34

_______________________________________________________________________

Department of Labor (DOL) Proposed Rule Stage

Occupational Safety and Health Administration (OSHA)

_______________________________________________________________________

403. OCCUPATIONAL EXPOSURE TO CRYSTALLINE SILICA

Regulatory Plan: This entry is Seq. No. 110 in part II of this issue

of the Federal Register.

RIN: 1218-AB70

_______________________________________________________________________

Department of Labor (DOL) Final Rule Stage

Occupational Safety and Health Administration (OSHA)

_______________________________________________________________________

404. CONFINED SPACES IN CONSTRUCTION

Legal Authority: 29 USC 655(b); 40 USC 333

Abstract: In January 1993, OSHA issued a general industry rule to

protect employees who enter confined spaces (29 CFR 1910.146). This

standard does not apply to the construction industry because of

differences in the nature of the worksite in the construction industry.

In discussions with the United Steel Workers of America on a settlement

agreement for the general industry standard, OSHA agreed to issue a

proposed rule to extend confined-space protection to construction

workers appropriate to their work environment.

Timetable:

________________________________________________________________________

Action Date FR Cite

________________________________________________________________________

SBREFA Panel Report 11/24/03

NPRM 11/28/07 72 FR 67351

NPRM Comment Period End 01/28/08

NPRM Comment Period Extended 02/28/08 73 FR 3893

Public Hearing 07/22/08

Close Record 10/23/08

Final Action 11/00/11

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Ben Bare, Acting 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

RIN: 1218-AB47

_______________________________________________________________________

405. ELECTRIC POWER TRANSMISSION AND DISTRIBUTION; ELECTRICAL PROTECTIVE

EQUIPMENT

Legal Authority: 29 USC 655(b); 40 USC 333

Abstract: Electrical hazards are a major cause of occupational death in

the United States. The annual fatality rate for power line workers is

about 50 deaths per 100,000 employees. The construction industry

standard addressing the safety of these workers during the construction

of electric power transmission and distribution lines is over 35 years

old. OSHA has developed a revision of this standard that will prevent

many of these fatalities, add flexibility to the standard, and update

and streamline the standard. OSHA also intends to amend the

corresponding standard for general industry so that requirements for

work performed during the maintenance of electric power transmission

and distribution installations are the same as those for similar work

in construction. In addition, OSHA will be revising a few miscellaneous

general industry requirements primarily affecting electric transmission

and distribution work, including provisions on electrical protective

equipment and foot protection. This rulemaking also addresses fall

protection in aerial lifts for work on power generation, transmission,

and distribution installations. OSHA published an NPRM on June 15,

2005. A public hearing was held from March 6 through March 14 in 2006.

OSHA reopened the record to gather additional information on minimum

approach distances for specific ranges of voltages. The record was

reopened a second time to allow more time for comment and to gather

information on minimum approach distances for all voltages and on the

newly revised Institute of Electrical and Electronics Engineers

consensus standard. Additionally, a public hearing was held on October

28, 2009. The posthearing comment period ended in February 2010. OSHA

anticipates publishing a final rule in May 2011.

Timetable:

________________________________________________________________________

Action Date FR Cite

________________________________________________________________________

SBREFA Report 06/30/03

NPRM 06/15/05 70 FR 34821

NPRM Comment Period End 10/13/05

Comment Period Extended to 01/

11/2006 10/12/05 70 FR 59290

Public Hearing To Be Held 03/06/

2006 10/12/05 70 FR 59290

Posthearing Comment Period End 07/14/06

Reopen Record 10/22/08 73 FR 62942

Comment Period End 11/21/08

[[Page 79809]]

Close Record 11/21/08

Second Reopening Record 09/14/09 74 FR 46958

Comment Period End 10/15/09

Public Hearings 10/28/09

Posthearing Comment Period End 02/10/10

Final Rule 05/00/11

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Dorothy Dougherty, 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-AB67

_______________________________________________________________________

Department of Labor (DOL) Completed Actions

Occupational Safety and Health Administration (OSHA)

_______________________________________________________________________

406. CRANES AND DERRICKS IN CONSTRUCTION

Legal Authority: 29 USC 651(b); 29 USC 655(b); 40 USC 333

Abstract: A number of industry stakeholders asked OSHA to update the

cranes and derricks portion of subpart N (29 CFR 1926.550),

specifically requesting that negotiated rulemaking be used.

In 2002, OSHA published a notice of intent to establish a negotiated

rulemaking committee. A year later, in 2003, committee members were

announced and the Cranes and Derricks Negotiated Rulemaking Committee

was established and held its first meeting. In July 2004, the committee

reached consensus on all issues resulting in a final consensus

document.

A Notice of Proposed Rulemaking (NPRM) was published on October 9,

2008. The comment period for the NPRM was extended and closed January

22, 2009. A public hearing was held on March 20, 2009. The final rule

was posted and made public on July 28, 2010, and published in the

Federal Register on August 9, 2010.

Timetable:

________________________________________________________________________

Action Date FR Cite

________________________________________________________________________

Notice of Intent To Establish

Negotiated Rulemaking 07/16/02 67 FR 46612

Comment Period End 09/16/02

Request for Comments on Proposed

Committee Members 02/27/03 68 FR 9036

Request for Comments Period End 03/31/03 68 FR 9036

Established Negotiated

Rulemaking Committee 06/12/03 68 FR 35172

Rulemaking Negotiations

Completed 07/30/04

SBREFA Report 10/17/06

NPRM 10/09/08 73 FR 59714

NPRM Comment Period Extended 12/02/08 73 FR 73197

NPRM Comment Period End 01/22/09

Public Hearing 03/20/09

Close Record 06/18/09

Final Rule 08/09/10 75 FR 47906

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Ben Bare, Acting 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

RIN: 1218-AC01

_______________________________________________________________________

407. METHYLENE CHLORIDE (COMPLETION OF A SECTION 610 REVIEW)

Legal Authority: 5 USC 553; 5 USC 610; 29 USC 655(b)

Abstract: OSHA undertook a review of the Methylene Chloride Standard

(29 CFR 1910.1052) in accordance with the requirements of the

Regulatory Flexibility Act and section 5 of Executive Order 12866. The

review considered 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 12/01/06

Request for Comments 07/10/07 72 FR 37501

Comment Period End 10/09/07

Reopen Comment Period 01/08/08 73 FR 1299

Comment Period End 03/10/08

End Review 05/05/10 75 FR 24509

Regulatory Flexibility Analysis Required: No

Agency Contact: John Smith, Directorate of Evaluation and Analysis,

Department of Labor, Occupational Safety and Health Administration, 200

Constitution Avenue NW., FP Building, Room N-3641, Washington, DC 20210

Phone: 202 693-2400

Fax: 202 693-1641

Email: [email protected]

RIN: 1218-AC23

[FR Doc. 2010-30442 Filed 12-17-10; 8:45 am]

BILLING CODE 4510-23-S