[Federal Register Volume 82, Number 163 (Thursday, August 24, 2017)]
[Unknown Section]
[Pages 40314-40317]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-17060]
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
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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.
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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
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Regulation
Sequence No. Title Identifier No.
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160....................... Change of Mailing Address 1290-AA32
for the Benefits Review
Board (Section 610
Review).
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Employee Benefits Security Administration--Completed Actions
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Regulation
Sequence No. Title Identifier No.
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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.
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Occupational Safety and Health Administration--Proposed Rule Stage
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Regulation
Sequence No. Title Identifier No.
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163....................... Occupational Exposure to 1218-AB76
Beryllium.
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Occupational Safety and Health Administration--Long-Term Actions
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Regulation
Sequence No. Title Identifier No.
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164....................... Infectious Diseases....... 1218-AC46
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Occupational Safety and Health Administration--Completed Actions
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Regulation
Sequence No. Title Identifier No.
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165....................... Bloodborne Pathogens 1218-AC34
(Completion of a Section
610 Review).
166....................... Combustible Dust.......... 1218-AC41
167....................... Preventing Backover 1218-AC51
Injuries and Fatalities.
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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:
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Action Date FR Cite
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Final Rule.......................... 12/00/17 .......................
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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:
shepherd.thomas@dol.gov.
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:
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Action Date FR Cite
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NPRM................................ 03/12/14 79 FR 13949
NPRM Comment Period End............. 06/10/14 .......................
Withdrawn........................... 03/30/17 .......................
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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:
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Action Date FR Cite
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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.
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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
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:
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Action Date FR Cite
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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 .......................
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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:
perry.bill@dol.gov.
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:
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Action Date FR Cite
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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 .......................
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NPRM................................ To Be Determined
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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:
perry.bill@dol.gov.
RIN: 1218-AC46
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:
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Action Date FR Cite
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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 .......................
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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: edens.mandy@dol.gov.
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:
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Action Date FR Cite
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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 .......................
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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:
perry.bill@dol.gov.
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:
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Action Date FR Cite
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Request for Information (RFI)....... 03/29/12 77 FR 18973
RFI Comment Period End.............. 07/27/12 .......................
Withdrawn........................... 03/30/17 .......................
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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:
mckenzie.dean@dol.gov.
RIN: 1218-AC51
[FR Doc. 2017-17060 Filed 8-23-17; 8:45 am]
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