2018-11251. Semiannual Agenda of Regulations  

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    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.

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    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.

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    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'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.

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    R. Alexander Acosta,

    Secretary of Labor.

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    Employee Benefits Security Administration—Final Rule Stage

    Sequence No.TitleRegulation Identifier No.
    145Definition of an `Employer' Under Section 3(5) of ERISA—Association Health Plans1210-AB85

    Occupational Safety and Health Administration—Prerule Stage

    Sequence No.TitleRegulation Identifier No.
    146Communication Tower Safety1218-AC90
    147Tree Care Standard1218-AD04

    Occupational Safety and Health Administration—Long-Term Actions

    Sequence No.TitleRegulation Identifier No.
    148Infectious Diseases1218-AC46
    149Process Safety Management and Prevention of Major Chemical Accidents1218-AC82

    DEPARTMENT OF LABOR (DOL)

    Employee Benefits Security Administration (EBSA)

    Final Rule Stage

    145. Definition of an `Employer' Under Section 3(5) of ERISA—Association Health Plans

    E.O. 13771 Designation: Deregulatory.

    Legal Authority: 29 U.S.C. 3(1), 3(5), and 505

    Abstract: This regulatory action would establish criteria for an employer group or association to act as an “employer” within the meaning of section 3(5) of ERISA and sponsor an association health plan that is an employee welfare benefit plan and a group health plan under title I of ERISA.

    Timetable:

    ActionDateFR Cite
    NPRM01/05/1883 FR 614
    NPRM Comment Period End03/06/18
    Analyze Comments05/00/18

    Regulatory Flexibility Analysis Required: Yes.

    Agency Contact: Amy J. Turner, Director, Office of Health Plan Standards and Compliance Assistance, Department of Labor, Employee Benefits Security Administration, 200 Constitution Avenue NW, FP Building, Room N-5653, Washington, DC 20210, Phone: 202 693-8335, Fax: 202 219-1942.

    RIN: 1210-AB85.

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    DEPARTMENT OF LABOR (DOL)

    Occupational Safety and Health Administration (OSHA)

    Prerule Stage

    146. Communication Tower Safety

    E.O. 13771 Designation: Regulatory.

    Legal Authority: 29 U.S.C. 655

    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, for example. Falls are the leading cause of death in tower work and OSHA has evidence that fall protection is used either improperly or inconsistently. Based on information collected from an April 2016 Request for Information, OSHA understands that employees are often hoisted to working levels on small base-mounted drum hoists that have been mounted to a truck chassis, and these may not be rated to hoist personnel. Communication tower construction and maintenance activities are not adequately covered by current OSHA fall protection and personnel hoisting standards, and OSHA plans to use information it will collect 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. While this panel will be focused on communication towers, OSHA plans to consider inclusion of structures that have telecommunications equipment on or attached to them (e.g., buildings, rooftops, water towers, billboards, etc.).

    Timetable:

    ActionDateFR Cite
    Request For Information (RFI)04/15/1580 FR 20185
    RFI Comment Period End06/15/15
    Initiate SBREFA01/04/17
    Initiate SBREFA05/00/18

    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-AC90

    147. Tree Care Standard

    E.O. 13771 Designation: Regulatory.

    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). Tree care continues to be a high-hazard industry.

    Timetable:

    ActionDateFR Cite
    Stakeholder Meeting07/13/16
    Initiate SBREFA04/00/19

    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-AD04

    DEPARTMENT OF LABOR (DOL)

    Occupational Safety and Health Administration (OSHA)

    Long-Term Actions

    148. Infectious Diseases

    E.O. 13771 Designation: Regulatory.

    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 examining regulatory alternatives for 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:

    ActionDateFR Cite
    Request for Information (RFI)05/06/1075 FR 24835
    RFI Comment Period End08/04/10
    Analyze Comments12/30/10
    Stakeholder Meetings07/05/1176 FR 39041
    Initiate SBREFA06/04/14
    Complete SBREFA12/22/14
    NPRMTo 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: perry.bill@dol.gov.

    RIN: 1218-AC46

    149. Process Safety Management and Prevention of Major Chemical Accidents

    E.O. 13771 Designation: Regulatory.

    Legal Authority: 29 U.S.C. 655; 29 U.S.C. 657

    Abstract: In accordance with the Executive Order 13650, Improving Chemical Facility Safety and Security, 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.

    Timetable:

    ActionDateFR Cite
    Request for Information (RFI)12/09/1378 FR 73756
    RFI Comment Period Extended03/07/1479 FR 13006
    RFI Comment Period Extended End03/31/14
    Initiate SBREFA06/08/15
    SBREFA Report Completed08/01/16
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    Next Action Undetermined

    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-AC82

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    [FR Doc. 2018-11251 Filed 6-8-18; 8:45 am]

    BILLING CODE 4510-HL-P

Document Information

Published:
06/11/2018
Department:
Labor Department
EntryType:
Proposed Rule
Action:
Semiannual Regulatory Agenda.
Document Number:
2018-11251
Pages:
27157-27160 (4 pages)
SectionNoes:
PDF File:
2018-11251.pdf
CFR: (3)
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