Semiannual Agenda of Regulations

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 periodicreview 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's Regulatory Flexibility Agenda does not include section 610 items at this time.

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.

Martin J. Walsh,

Secretary of Labor.

Wage and Hour Division—Proposed Rule Stage

Sequence No.

Title

Regulation

Identifier No.

328

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

(Reg Plan Seq No. 114)

1235-AA39

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

Federal Register

.

Employment and Training Administration—Proposed Rule Stage

Sequence No.

Title

Regulation

Identifier No.

329

Temporary Employment of H-2B Foreign Workers in Certain Itinerant Occupations in the United States

1205-AB93

Employee Benefits Security Administration—Final Rule Stage

Sequence No.

Title

Regulation

Identifier No.

330

Requirements Related to Surprise Billing, Part 1

(Reg Plan Seq No. 122)

1210-AB99

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

Federal Register

.

Occupational Safety and Health Administration—Prerule Stage

Sequence No.

Title

Regulation

Identifier No.

331

Process Safety Management and Prevention of Major Chemical Accidents

1218-AC82

332

Emergency Response

1218-AC91

333

Prevention of Workplace Violence in Health Care and Social Assistance

(Reg Plan Seq No. 126)

1218-AD08

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

Federal Register

.

Occupational Safety and Health Administration—Proposed Rule Stage

Sequence No.

Title

Regulation

Identifier No.

334

Infectious Diseases

(Reg Plan Seq No. 128)

1218-AC46

335

Communication Tower Safety

1218-AC90

336

Tree Care Standard

1218-AD04

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

Federal Register

.

DEPARTMENT OF LABOR (DOL)

Wage and Hour Division (WHD)

Proposed Rule Stage

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

Regulatory Plan:

This entry is Seq. No. 114 in part II of this issue of the

Federal Register

.

RIN:

1235-AA39

DEPARTMENT OF LABOR (DOL)

Employment and Training Administration (ETA)

Proposed Rule Stage

329. Temporary Employment of H-2B Foreign Workers in Certain Itinerant Occupations in the United States

Legal Authority:

8 U.S.C. 1184; 8 U.S.C. 1103

Abstract:

The United States Department of Labor's (DOL) Employment and Training Administration and Wage and Hour Division, and the United States Department of Homeland Security (DHS), U.S. Citizenship and Immigration Services, are jointly proposing to amend H-2B non-immigrant visa program regulations at 20 CFR part 655, subpart A, and 8 CFR 214. The Notice of Proposed Rulemaking (NPRM) would establish standards and procedures for employers seeking to hire foreign temporary nonagricultural workers for certain itinerant job opportunities, including entertainers and carnivals and utility vegetation management.

Timetable:

Action

Date

FR Cite

NPRM

06/00/22

Regulatory Flexibility Analysis Required:

Yes.

Agency Contact:

Brian Pasternak, Administrator, Department of Labor, Employment and Training Administration, 200 Constitution Avenue NW, Office of Foreign Labor Certification; Room N-5311, FP Building, Washington, DC 20210,

Phone:

202 693-8200,

Email: pasternak.brian@dol.gov.

RIN:

1205-AB93

DEPARTMENT OF LABOR (DOL)

Employee Benefits Security Administration (EBSA)

Final Rule Stage

330. Requirements Related to Surprise Billing, Part 1

Regulatory Plan:

This entry is Seq. No. 122 in part II of this issue of the

Federal Register

.

RIN:

1210-AB99

DEPARTMENT OF LABOR (DOL)

Occupational Safety and Health Administration (OSHA)

Prerule Stage

331. Process Safety Management and Prevention of Major Chemical Accidents

Legal Authority:

29 U.S.C. 655; 29 U.S.C. 657

Abstract:

The Occupational Safety and Health Administration (OSHA) issued a Request for Information (RFI) on December 9, 2013 (78 FR 73756). The RFI identified issues related to modernization of the Process Safety Management standard and related standards necessary to meet the goal of preventing major chemical accidents. OSHA completed SBREFA in August 2016.

Timetable:

Action

Date

FR Cite

Request for Information (RFI)

12/09/13

78 FR 73756

RFI Comment Period Extended

03/07/14

79 FR 13006

RFI Comment Period Extended End

03/31/14

Initiate SBREFA

06/08/15

SBREFA Report Completed

08/01/16

Stakeholder Meeting

01/00/22

Regulatory Flexibility Analysis Required:

Yes.

Agency Contact:

Andrew Levinson, Deputy Director, Directorate of Standards and Guidance, Department of Labor, Occupational Safety and Health Administration, 200 Constitution Avenue NW, FP Building, RoomN-3718, Washington, DC 20210,

Phone:

202 693-1950,

Email: levinson.andrew@dol.gov.

RIN:

1218-AC82

332. Emergency Response

Legal Authority:

29 U.S.C. 655(b); 29 U.S.C. 657; 5 U.S.C. 609

Abstract:

OSHA currently regulates aspects of emergency response and preparedness; some of these standards were promulgated decades ago, and none were designed as comprehensive emergency response standards. Consequently, they do not address the full range of hazards or concerns currently facing emergency responders, and other workers providing skilled support, nor do they reflect major changes in performance specifications for protective clothing and equipment. The agency acknowledges that current OSHA standards also do not reflect all the major developments in safety and health practices that have already been accepted by the emergency response community and incorporated into industry consensus standards. OSHA is considering updating these standards with information gathered through an RFI and public meetings.

Timetable:

Action

Date

FR Cite

Stakeholder Meetings

07/30/14

Convene NACOSH Workgroup

09/09/15

NACOSH Review of Workgroup Report

12/14/16

Initiate SBREFA

08/02/21

Finalize SBREFA

12/00/21

Regulatory Flexibility Analysis Required:

Yes.

Agency Contact:

Andrew Levinson, Deputy Director, Directorate of Standards and Guidance, Department of Labor, Occupational Safety and Health Administration, 200 Constitution Avenue NW, FP Building, RoomN-3718, Washington, DC 20210,

Phone:

202 693-1950,

Email: levinson.andrew@dol.gov.

RIN:

1218-AC91

333. Prevention of Workplace Violence in Health Care and Social Assistance

Regulatory Plan:

This entry is Seq. No. 126 in part II of this issue of the

Federal Register

.

RIN:

1218-AD08

DEPARTMENT OF LABOR (DOL)

Occupational Safety and Health Administration (OSHA)

Proposed Rule Stage

334. Infectious Diseases

Regulatory Plan:

This entry is Seq. No. 128 in part II of this issue of the

Federal Register

.

RIN:

1218-AC46

335. Communication Tower Safety

Legal Authority:

29 U.S.C. 655(b); 5 U.S.C. 609

Abstract:

While the number of employees engaged in the communication tower industry remains small, the fatality rate is very high. Over the past 20 years, this industry has experienced an average fatality rate that greatly exceeds that of the construction industry. Due to recent FCC spectrum auctions and innovations in cellular technology, there will be a very high level of construction activity taking place on communication towers over the next few years. A similar increase in the number of construction projects needed to support cellular phone coverage triggered a spike in fatality and injury rates years ago. Based on information collected from an April 2016 Request for Information (RFI), OSHA concluded that current OSHA requirements such as those for fall protection and personnel hoisting, may not adequately cover all hazards of communication tower construction and maintenance activities. OSHA will use information collected from a Small Business Regulatory Enforcement Fairness Act (SBREFA) panel to identify effective work practices and advances in engineering technology that would best address industry safety and health concerns. The Panel carefully considered the issue of the expansion of the rule beyond just communication towers. OSHA will continue to consider also covering structures that have telecommunications equipment on or attached to them (

e.g.,

buildings, rooftops, water towers, billboards).

Timetable:

Action

Date

FR Cite

Request for Information (RFI)

04/15/15

80 FR 20185

RFI Comment Period End

06/15/15

Initiate SBREFA

01/04/17

Initiate SBREFA

05/31/18

Complete SBREFA

10/11/18

NPRM

10/00/22

Regulatory Flexibility Analysis Required:

Yes.

Agency Contact:

Scott Ketcham, Director, Directorate of Construction, Department of Labor, Occupational Safety and Health Administration, 200 Constitution Avenue NW, RoomN-3468, FP Building, Washington, DC 20210,

Phone:

202 693-2020,

Fax:

202 693-1689,

Email: ketcham.scott@dol.gov.

RIN:

1218-AC90

336. Tree Care Standard

Legal Authority:

Not Yet Determined

Abstract:

There is no OSHA standard for tree care operations; the agency currently applies a patchwork of standards to address the serious hazards in this industry. The tree care industry previously petitioned the agency for rulemaking and OSHA issued an ANPRM (September 2008). OSHA completed a Small Business Regulatory Enforcement Fairness Act (SBREFA) panel in May 2020, collecting information from affected small entities on a potential standard, including the scope of the standard, effective work practices, and arboricultural specific uses of equipment to guide OSHA in developing a rule that would best address industry safety and health concerns. Tree care continues to be a high-hazard industry.

Timetable:

Action

Date

FR Cite

Stakeholder Meeting

07/13/16

Initiate SBREFA

01/10/20

Complete SBREFA

05/22/20

NPRM

06/00/22

Regulatory Flexibility Analysis Required:

Yes.

Agency Contact:

Andrew Levinson, Deputy Director, Directorate of Standards and Guidance, Department of Labor, Occupational Safety and Health Administration, 200 Constitution Avenue NW, FP Building, RoomN-3718, Washington, DC 20210,

Phone:

202 693-1950,

Email: levinson.andrew@dol.gov.

RIN:

1218-AD04

[FR Doc. 2021-28220 Filed 1-28-22; 8:45 am]

BILLING CODE 4510-HL-P