Notices. Semiannual Regulatory Agenda

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BILLING CODE 4410-CW-P 84 121 Monday, June 24, 2019 Unified Agenda Part X Department of Labor Office of the Secretary Unified Agenda 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'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. R. Alexander Acosta, Secretary of Labor. Wage and Hour Division—Proposed Rule Stage Sequence No. Title Regulation Identifier No. 133 Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales and Computer Employees 1235-AA20 Employment and Training Administration—Proposed Rule Stage Sequence No. Title Regulation Identifier No. 134 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. 135 Definition of an “Employer” Under Section 3(5) of ERISA—Association Retirement Plans and Other Multiple Employer Plans 1210-AB88 Employee Benefits Security Administration—Long-Term Actions Sequence No. Title Regulation Identifier No. 136 Revision of the Form 5500 Series and Implementing Related Regulations Under the Employee Retirement Income Security Act of 1974 (ERISA) 1210-AB63 Occupational Safety and Health Administration—Prerule Stage Sequence No. Title Regulation Identifier No. 137 Communication Tower Safety 1218-AC90 138 Emergency Response 1218-AC91 139 Tree Care Standard 1218-AD04 140 Prevention of Workplace Violence in Health Care and Social Assistance 1218-AD08 Occupational Safety and Health Administration—Long-Term Actions Sequence No. Title Regulation Identifier No. 141 Infectious Diseases 1218-AC46 142 Process Safety Management and Prevention of Major Chemical Accidents 1218-AC82 DEPARTMENT OF LABOR

(DOL)Wage and Hour Division

(WHD)Proposed Rule Stage 133. Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales and Computer Employees *E.O. 13771 Designation:* Deregulatory. *Legal Authority:* 29 U.S.C. 201 *et seq.;* 29 U.S.C. 213(a)(1) *Abstract:* The Department has issued a Notice of Proposed Rulemaking

(NPRM)to determine the appropriate salary level for exemption of executive, administrative and professional employees. In developing the final rule, the Department will be informed by the comments received in response to its NPRM. *Timetable:* Action Date FR Cite Request for Information

(RFI)07/26/17 82 FR 34616 RFI Comment Period End 09/25/17 NPRM 03/22/19 84 FR 10840 NPRM Comment Period End 05/21/19 *Regulatory Flexibility Analysis Required:* Yes. *Agency Contact:* Mary Ziegler, Assistant Administrator, Office of Policy, Wage and Hour (WHD), Department of Labor, Wage and Hour Division, 200 Constitution Avenue NW, Room S-3502, FP Building, Washington, DC 20210, *Phone:* 202 693-0406, *Fax:* 202 693-1387. *RIN:* 1235-AA20 DEPARTMENT OF LABOR

(DOL)Employment and Training Administration

(ETA)Proposed Rule Stage 134. Temporary Employment of H-2B Foreign Workers in Certain Itinerant Occupations in the United States *E.O. 13771 Designation:* Regulatory. *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 amending regulations regarding the H-2B non-immigrant visa program at 20 CFR part 655, subpart A. The Notice of Proposed Rulemaking

(NPRM)will 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 04/00/20 *Regulatory Flexibility Analysis Required:* Yes. *Agency Contact:* Thomas M. Dowd, Deputy Assistant Secretary, Department of Labor, Employment and Training Administration, 200 Constitution Avenue NW, FP Building, Washington, DC 20210, *Phone:* 202 513-7350. *RIN:* 1205-AB93 DEPARTMENT OF LABOR

(DOL)Employee Benefits Security Administration

(EBSA)Final Rule Stage 135. Definition of an “Employer” Under Section 3(5) of ERISA—Association Retirement Plans and Other Multiple Employer Plans *E.O. 13771 Designation:* Deregulatory. Legal Authority: 29 U.S.C. 1002(2), 1002(5) and 1135 *Abstract:* This regulatory action would establish criteria under section 3(5) of the Employee Retirement Income Security Act (ERISA) for purposes of being an “employer” able to establish and maintain an employee pension benefit plan (as defined in section 3(2) of ERISA) that is a multiple employer retirement savings plan (other than a multiemployer plan defined in section 3(37) of ERISA). *Timetable:* Action Date FR Cite NPRM 10/23/18 83 FR 53534 NPRM Comment Period End 12/24/18 Final Rule 06/00/19 *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-AB88. DEPARTMENT OF LABOR

(DOL)Employee Benefits Security Administration

(EBSA)Long-Term Actions 136. Revision of the Form 5500 Series and Implementing Related Regulations Under the Employee Retirement Income Security Act of 1974 (ERISA) *E.O. 13771 Designation:* Regulatory. *Legal Authority:* 29 U.S.C. 1021 to 1025; 29 U.S.C. 1027; 29 U.S.C. 1029 and 1030; 29 U.S.C. 1134 and 1135; 29 U.S.C. 1059; 29 U.S.C. 1204 *Abstract:* This regulatory action is part of a long-term strategic project with the Internal Revenue Service and the Pension Benefit Guaranty Corporation to modernize and improve the Form 5500 Annual Return/Report of Employee Benefit Plan. Modernizing the financial and other annual reporting requirements on the Form 5500 and making the investment and other information on the Form 5500 more data mineable are part of that evaluation. The project is also focused on enhancing the agencies' ability to collect employee benefit plan data that best meets the needs of changing compliance projects, programs, and activities. *Timetable:* Action Date FR Cite NPRM 07/21/16 81 FR 47496 NPRM Comment Period End 10/04/16 Notice of Proposed Forms Revision 07/21/16 81 FR 47534 Notice of Proposed Forms Revision Comment Period End 10/04/16 NPRM Comment Period Extended 09/23/16 81 FR 65594 NPRM Comment Period Extended End 12/05/16 Next Action Undetermined *Regulatory Flexibility Analysis Required:* Yes. *Agency Contact:* Mara S. Blumenthal, Employee Benefits Law Specialist, 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-AB63 DEPARTMENT OF LABOR

(DOL)Occupational Safety and Health Administration

(OSHA)Prerule Stage 137. Communication Tower Safety *E.O. 13771 Designation:* Regulatory. *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, 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, etc.). *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 05/00/19 *Regulatory Flexibility Analysis Required:* Yes. *Agency Contact:* Scott Ketcham, Acting Director, Directorate of Construction, Department of Labor, Occupational Safety and Health Administration, 200 Constitution Avenue NW, Room N-3468, FP Building, Washington, DC 20210, *Phone:* 202 693-2556, *Fax:* 202 693-1689, *Email: ketcham.scott@dol.gov* . *RIN:* 1218-AC90 138. Emergency Response *E.O. 13771 Designation:* Regulatory. *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 acknowledged 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 05/00/19 *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-AC91 139. 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:* Action Date FR Cite Stakeholder Meeting 07/13/16 Initiate SBREFA 06/00/19 *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 140. Prevention of Workplace Violence in Health Care and Social Assistance *E.O. 13771 Designation:* Regulatory. *Legal Authority:* 29 U.S.C. 655(b); 5 U.S.C. 609 *Abstract:* The Request for Information

(RFI)(published on December 7, 2016) provides OSHA's history with the issue of workplace violence in healthcare and social assistance, including a discussion of the Guidelines that were initially published in 1996, a 2014 update to the Guidelines, the Agency's use of 5(a)(1) in enforcement cases in healthcare. The RFI solicited information primarily from health care employers, workers and other subject matter experts on impacts of violence, prevention strategies, and other information that will be useful to the Agency. OSHA was petitioned for a standard preventing workplace violence in healthcare by a broad coalition of labor unions, and in a separate petition by the National Nurses United. On January 10, 2017, OSHA granted the petitions. *Timetable:* Action Date FR Cite Request For Information

(RFI)12/07/16 81 FR 88147 RFI Comment Period End 04/06/17 Initiate SBREFA 10/00/19 *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-AD08 DEPARTMENT OF LABOR

(DOL)Occupational Safety and Health Administration

(OSHA)Long-Term Actions 141. 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 (rubella), 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:* 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: perry.bill@dol.gov.* *RIN:* 1218-AC46 142. 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:* 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 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 [FR Doc. 2019-12079 Filed 6-21-19; 8:45 am]

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