[Federal Register Volume 84, Number 247 (Thursday, December 26, 2019)]
[Proposed Rules]
[Pages 71085-71097]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-26533]
[[Page 71085]]
Vol. 84
Thursday,
No. 247
December 26, 2019
Part II
Regulatory Information Service Center
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Introduction to the Fall 2019 Regulatory Plan
Federal Register / Vol. 84 , No. 247 / Thursday, December 26, 2019 /
UA: Regulatory Plan
[[Page 71086]]
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REGULATORY INFORMATION SERVICE CENTER
Introduction to the Fall 2019 Regulatory Plan
This Fall 2019 Regulatory Plan continues to reflect a fundamental
shift of the Regulatory state. Starting with confidence in private
markets and individual choices, this Administration is reassessing
existing regulatory burdens. This year marks year three in the
Administration's efforts under Executive Order 13771, ``Reducing
Regulation and Controlling Regulatory Costs'' (January 30, 2017) to
continue to lower the burden of regulation on the American people. This
Administration also approaches the imposition of new regulatory
requirements with care to ensure that regulations are consistent with
law, understandable to the public and not hidden in indecipherable text
or implementing guidance, correct a substantial market failure, and are
net beneficial to the public. Furthermore, the Plan, along with the
Unified Agenda of Regulatory and Deregulatory Actions (``Agenda''),
identifies the Administration's priorities in a manner that continues
to be transparent and accessible to the public.
Federal Regulatory and Deregulatory Policy
The 2019 Plan both sets a new direction in regulatory policy and
preserves many longstanding regulatory best practices. Stressing that,
where statutorily permitted, ``it is essential to manage the costs
associated with the governmental imposition of private expenditures
required to comply with Federal regulations,'' in E.O. 13771 President
Trump directed all Federal agencies to issue two deregulatory actions
for each new regulation implemented and to reduce net new regulatory
costs to zero. He also created regulatory reform officers and
regulatory reform taskforces in each agency in E.O. 13777 ``Enforcing
the Regulatory Reform Agenda,'' (February 24, 2017). Within the Office
of Management and Budget, the Office of Information and Regulatory
Affairs (OIRA) implements Federal regulatory policy and has led efforts
to implement these presidential directives, working with agencies to
identify deregulatory actions and eliminate regulatory burdens.
Regulatory Transparency
This Administration continues to work to make sure that the public
is adequately informed about upcoming regulatory activity. Through the
past few agenda cycles, OIRA has emphasized to the agencies that the
Agenda and Plan should only contain items the Agencies truly believe
are going to be pursued in the near future. For too long, the Agenda
has contained old actions that agencies are not actively pursuing.
This Administration has also taken steps to make sure that agencies
uphold the law governing the quality of the data and evidence they use
to justify their policy and program choices. In a recent Memorandum,
OMB reminded agencies that they must ensure that information that is
likely to have a clear and substantial impact on important public
policies or important private sector decisions is communicated
transparently, clearly articulates the underlying assumptions and
uncertainties, and prioritizes increased access to the data and models
underlying such information.\1\ In addition, OMB's guidance on
implementing The Foundations for Evidence-Based Policymaking Act of
2018 emphasizes the importance of increasing transparency and trust
about the data brought to bear in decision-making and the need to align
evidence building with Administration priorities, including regulatory
and deregulatory activities.\2\
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\1\ OMB M-19-15. Memorandum for the Heads of Executive
Departments and Agencies: ``Improving Implementation of the
Information Quality Act.'' April 24, 2019 https://www.whitehouse.gov/wp-content/uploads/2019/04/M-19-15.pdf.
\2\ OMB M 19-23. Memorandum for the heads of Executive
Departments and Agencies. Phase 1 Implementation of the Foundations
for Evidence-Based Policymaking Act of 2018: Leaning Agendas,
Personnel, and Planning Guidance. https://www.whitehouse.gov/wp-content/uploads/2019/07/M-19-23.pdf. Federal Data Strategy https://strategy.data.gov/action-plan/; https://strategy.data.gov/practices/.
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In addition, this Administration has taken several significant
steps to make sure that regulation is not created through other means,
and that both the public and Congress have adequate notice of agency
intentions. Recently, the President signed Executive Order 13891 titled
``Promoting the Rule of Law through Improved Agency Guidance.'' This
E.O. emphasizes that Americans deserve an open and fair regulatory
process that imposes new obligations on the public only when consistent
with applicable law and after an agency follows appropriate procedures.
The E.O. makes it the policy of the executive branch to require that
agencies treat guidance documents as non-binding both in law and in
practice, take public input into account when appropriate in
formulating guidance documents, and make guidance documents readily
available to the public. On April 11, 2019, OMB also issued Memorandum
M-19-14, ``Guidance on Compliance with the Congressional Review Act.''
Memorandum M-19-14 updates existing OMB guidance to agencies with
regard to both OIRA and agency responsibilities under the Congressional
Review Act (CRA) by (1) clarifying that guidance documents fall within
the definition of ``rule'' under the CRA and (2) making the process by
which OIRA makes ``major determinations'' more consistent and thorough,
including through the receipt of adequate agency analysis on whether a
rule is major.
Conclusion
The agency plans herein discussed push against the inertia of
steadily expanding regulatory burdens and represent this
Administration's commitment to reducing regulations that no longer
benefit our society. The plans also send a clear message that the
public can invest and plan for the future without the looming threat of
being surprised by burdensome and unnecessary new regulations. OIRA
looks forward to working with the agencies and all interested
stakeholders to deliver meaningful regulatory reform to the American
people.
Department of Agriculture
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No. Rulemaking stage
----------------------------------------------------------------------------------------------------------------
1............................. Establishment of a 0581-AD82 Final Rule Stage.
Domestic Hemp Production
Program.
2............................. Importation, Interstate 0579-AE47 Final Rule Stage.
Movement, and Release
Into the Environment of
Certain Genetically
Engineered Organisms.
3............................. Revision of Categorical 0584-AE62 Proposed Rule Stage.
Eligibility in the
Supplemental Nutrition
Assistance Program
(SNAP).
[[Page 71087]]
4............................. Supplemental Nutrition 0584-AE69 Proposed Rule Stage.
Assistance Program
(SNAP): Standardization
of State Heating and
Cooling Standard Utility
Allowances.
5............................. Supplemental Nutrition 0584-AE57 Final Rule Stage.
Assistance Program:
Requirements for Able-
Bodied Adults Without
Dependents.
6............................. Prior Label Approval 0583-AD78 Proposed Rule Stage.
System: Expansion of
Generic Label Approval.
7............................. Alaska Roadless Rule..... 0596-AD37 Proposed Rule Stage.
8............................. National Environmental 0596-AD31 Final Rule Stage.
Policy Act Procedures.
9............................. Servicing Regulation for 0572-AC41 Final Rule Stage.
the Rural Utilities
Service (RUS)
Telecommunications
Programs.
10............................ OneRD Guaranteed Loan 0572-AC43 Final Rule Stage.
Regulation.
11............................ Rural Broadband Grant, 0572-AC46 Final Rule Stage.
Loan, and Loan Guarantee
Program.
----------------------------------------------------------------------------------------------------------------
Department of Commerce
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No. Rulemaking stage
----------------------------------------------------------------------------------------------------------------
12............................ Fishery Disaster 0648-BI97 Proposed Rule Stage.
Determinations and
Assistance Under the
Magnuson Stevens Act and
Interjurisdictional
Fisheries Act.
13............................ NOAA Mitigation Policy... 0648-BJ32 Proposed Rule Stage.
14............................ Taking and Importing 0648-BB38 Final Rule Stage.
Marine Mammals: Taking
Marine Mammals
Incidental to
Geophysical Surveys
Related to Oil and Gas
Activities in the Gulf
of Mexico.
15............................ Magnuson-Stevens 0648-BH87 Final Rule Stage.
Fisheries Conservation
and Management Act;
Traceability Information
Program for Seafood.
16............................ Trademark Fee Adjustment. 0651-AD42 Proposed Rule Stage.
17............................ Setting and Adjusting 0651-AD31 Final Rule Stage.
Patent Fees During
Fiscal Year 2020.
----------------------------------------------------------------------------------------------------------------
Department of Defense
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No. Rulemaking stage
----------------------------------------------------------------------------------------------------------------
18............................ Family Advocacy Program.. 0790-AI49 Proposed Rule Stage.
19............................ Limitations on Terms of 0790-AK79 Proposed Rule Stage.
Consumer Credit Extended
to Service Members and
Dependents, Amendment.
20............................ Department of Defense 0790-AK86 Final Rule Stage.
(DoD)-Defense Industrial
Base (DIB) Cybersecurity
(CS) Activities.
21............................ Contractor Purchasing 0750-AJ48 Final Rule Stage.
System Review Threshold
(DFARS Case 2017-D038).
22............................ Covered 0750-AJ84 Final Rule Stage.
Telecommunications
Equipment or Services
(DFARS Case 2018-D022).
23............................ Prompt Payments of Small 0750-AK25 Final Rule Stage.
Business Subcontractors
(DFARS Case 2018-D068).
24............................ Performance-Based 0750-AK37 Final Rule Stage.
Payments (DFARS Case
2019-D002).
25............................ Nonmanufacturer Rule for 0750-AK39 Final Rule Stage.
8(a) Participants (DFARS
Case 2019-D004).
26............................ Revised Eligibility 0702-AB08 Proposed Rule Stage.
Criteria at Arlington
National Cemetery.
27............................ Natural Disaster 0710-AA78 Proposed Rule Stage.
Procedures:
Preparedness, Response,
and Recovery Activities
of the Corps of
Engineers.
28............................ Compensatory Mitigation 0710-AA83 Proposed Rule Stage.
for Losses of Aquatic
Resources--Review and
Approval of Mitigation
Banks and In-Lieu Fee
Programs.
29............................ Reissuance and 0710-AA84 Proposed Rule Stage.
Modification of
Nationwide Permits.
30............................ Policy for Domestic, 0710-AA72 Final Rule Stage.
Municipal, and
Industrial Water Supply
Uses of Reservoir
Projects Operated by the
Department of the Army,
U.S. Army Corps of
Engineers.
31............................ Revised Definition of 0710-AA80 Final Rule Stage.
``Waters of the United
States''.
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Department of Education
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No. Rulemaking stage
----------------------------------------------------------------------------------------------------------------
32............................ Nondiscrimination on the 1870-AA14 Final Rule Stage.
Basis of Sex in
Education Programs or
Activities Receiving
Federal Financial
Assistance.
33............................ EDGAR Revisions.......... 1875-AA14 Proposed Rule Stage.
34............................ Ensuring Student Access 1840-AD38 Proposed Rule Stage.
to High Quality and
Innovative Postsecondary
Educational Programs.
35............................ Eligibility of Faith- 1840-AD40 Proposed Rule Stage.
Based Entities and
Activities--Title IV
Programs.
36............................ TEACH Grants............. 1840-AD44 Proposed Rule Stage.
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[[Page 71088]]
Department of Energy
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No. Rulemaking stage
----------------------------------------------------------------------------------------------------------------
37............................ Energy Conservation 1904-AC11 Proposed Rule Stage.
Standards for
Manufactured Housing.
38............................ Procedures, 1904-AD38 Final Rule Stage.
Interpretations, and
Policies for
Consideration of New or
Revised Energy
Conservation Standards
for Consumer Products.
39............................ Notice of Proposed 1904-AE35 Final Rule Stage.
Rulemaking to Consider
Establishing a New
Product Class for
Residential Dishwashers.
----------------------------------------------------------------------------------------------------------------
Department of Health and Human Services
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No. Rulemaking stage
----------------------------------------------------------------------------------------------------------------
40............................ Equal Participation of 0991-AC13 Proposed Rule Stage.
Faith-Based
Organizations in HHS's
Programs and Activities:
Implementation of
Executive Order 13931.
41............................ Establishment of 0991-AC15 Proposed Rule Stage.
Safeguards and Program
Integrity Requirements
for HHS-Funded
Extramural Research
Involving Human Fetal
Tissue.
42............................ Revisions to the Safe 0936-AA10 Proposed Rule Stage.
Harbors Under the Anti-
Kickback Statute and
Beneficiary Inducements
Civil Monetary Penalties
Rules Regarding
Beneficiary Inducement.
43............................ HIPAA Privacy: Changes To 0945-AA00 Proposed Rule Stage.
Support, and Remove
Barriers to, Coordinated
Care and Individual
Engagement.
44............................ Nondiscrimination in 0945-AA11 Final Rule Stage.
Health and Health
Education Programs or
Activities.
45............................ 21st Century Cures Act: 0955-AA01 Final Rule Stage.
Interoperability,
Information Blocking,
and the ONC Health IT
Certification Program.
46............................ Coordinating Care and 0930-AA32 Final Rule Stage.
Information Sharing in
the Treatment of
Substance Use Disorders.
47............................ Requirements for Tobacco 0910-AH91 Proposed Rule Stage.
Product Manufacturing
Practice.
48............................ Nutrient Content Claims, 0910-AI13 Proposed Rule Stage.
Definition of Term:
Healthy.
49............................ Modified Risk Tobacco 0910-AI38 Proposed Rule Stage.
Product Applications.
50............................ Importation of 0910-AI45 Proposed Rule Stage.
Prescription Drugs.
51............................ Removing Financial 0906-AB23 Proposed Rule Stage.
Disincentives to Living
Organ Donation.
52............................ Medicaid Fiscal 0938-AT50 Proposed Rule Stage.
Accountability (CMS-2393-
P).
53............................ Modernizing and 0938-AT64 Proposed Rule Stage.
Clarifying the Physician
Self-Referral
Regulations (CMS-1720-P).
54............................ Medicare Coverage of 0938-AT88 Proposed Rule Stage.
Innovative Technologies
(CMS-3372-P).
55............................ International Pricing 0938-AT91 Proposed Rule Stage.
Index Model For Medicare
Part B Drugs (CMS-5528-
P).
56............................ Proposed Changes to the 0938-AT97 Proposed Rule Stage.
Medicare Advantage and
the Medicare
Prescription Drug
Benefit Program for
Contract Year 2021 (CMS-
4190-P).
57............................ HHS Notice of Benefit and 0938-AT98 Proposed Rule Stage.
Payment Parameters for
2021 (CMS-9916-P).
58............................ Organ Procurement 0938-AU02 Proposed Rule Stage.
Organizations (OPOs)
(CMS-3380-P).
59............................ Transparency in Coverage 0938-AU04 Proposed Rule Stage.
(CMS-9915-P).
60............................ Medicaid and CHIP Managed 0938-AT40 Final Rule Stage.
Care (CMS-2408-F).
61............................ Exchange Program 0938-AT53 Final Rule Stage.
Integrity (CMS-9922-F).
62............................ Strengthening Work in 0970-AC79 Proposed Rule Stage.
TANF.
63............................ Adoption and Foster Care 0970-AC72 Final Rule Stage.
Analysis and Reporting
System.
64............................ Head Start Service 0970-AC73 Final Rule Stage.
Duration Requirements.
----------------------------------------------------------------------------------------------------------------
Department of Homeland Security
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No. Rulemaking stage
----------------------------------------------------------------------------------------------------------------
65............................ Strengthening the H-1B 1615-AC13 Proposed Rule Stage.
Nonimmigrant Visa
Classification Program.
66............................ Collection and Use of 1615-AC14 Proposed Rule Stage.
Biometrics by U.S.
Citizenship and
Immigration Services.
67............................ Removing H-4 Dependent 1615-AC15 Proposed Rule Stage.
Spouses From the Classes
of Aliens Eligible for
Employment Authorization.
68............................ U.S. Citizenship and 1615-AC18 Proposed Rule Stage.
Immigration Services Fee
Schedule and Changes to
Certain Other
Immigration Benefit
Request Requirements.
69............................ Removal of 30-Day 1615-AC19 Proposed Rule Stage.
Processing Provision for
Asylum Applicant-Related
Form I-765 Employment
Authorization
Applications.
70............................ Electronic Processing of 1615-AC20 Proposed Rule Stage.
Immigration Benefit
Requests.
71............................ Improvements to the 1615-AC23 Proposed Rule Stage.
Medical Certification
for Disability
Exceptions Processing.
72............................ Procedures for Asylum 1615-AC24 Proposed Rule Stage.
Applications and
Reasonable Fear
Determinations.
73............................ Asylum Application, 1615-AC27 Proposed Rule Stage.
Interview, and
Employment Authorization
for Applicants.
74............................ Enhancing the Integrity 1615-AC39 Proposed Rule Stage.
of the Affidavit of
Support.
75............................ Removal of International 1615-AC04 Final Rule Stage.
Entrepreneur Parole
Program.
76............................ Removal of Certain 1625-AC48 Proposed Rule Stage.
International Convention
on Standards of
Training, Certification
and Watchkeeping for
Seafarers, 1978, as
Amended (STCW) Training
Requirements.
77............................ Harmonization of the Fees 1651-AB34 Proposed Rule Stage.
and Application
Procedures for the
Global Entry and SENTRI
Programs and Other
Changes.
[[Page 71089]]
78............................ Collection of Biometric 1651-AB12 Final Rule Stage.
Data From Aliens Upon
Entry To and Exit From
the United States.
79............................ Implementation of the 1651-AB14 Final Rule Stage.
Electronic System for
Travel Authorization
(ESTA) at U.S. Land
Borders.
80............................ Mandatory Advance 1651-AB33 Final Rule Stage.
Electronic Information
for International Mail
Shipments.
81............................ Vetting of Certain 1652-AA69 Proposed Rule Stage.
Surface Transportation
Employees.
82............................ Amending Vetting 1652-AA70 Proposed Rule Stage.
Requirements for
Employees With Access to
a Security
Identification Display
Area (SIDA).
83............................ Protection of Sensitive 1652-AA08 Final Rule Stage.
Security Information.
84............................ Flight Training for 1652-AA35 Final Rule Stage.
Aliens and Other
Designated Individuals;
Security Awareness
Training for Flight
School Employees.
85............................ Security Training for 1652-AA55 Final Rule Stage.
Surface Transportation
Employees.
86............................ Visa Security Program Fee 1653-AA77 Proposed Rule Stage.
87............................ Establishing a Maximum 1653-AA78 Proposed Rule Stage.
Period of Authorized
Stay for Students,
Exchange Visitors, and
Media Representatives.
88............................ Cost of Assistance 1660-AA99 Proposed Rule Stage.
Estimates in the
Disaster Declaration
Process for the Public
Assistance Program.
89............................ Update to FEMA's 1660-AA91 Final Rule Stage.
Regulations on
Rulemaking Procedures.
----------------------------------------------------------------------------------------------------------------
Department of Housing and Urban Development
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No. Rulemaking stage
----------------------------------------------------------------------------------------------------------------
90............................ Mortgage Insurance for 2502-AJ50 Proposed Rule Stage.
Mortgage Transactions
Involving Downpayment
Assistance Programs (FR-
6150).
91............................ Economic Growth 2577-AD05 Proposed Rule Stage.
Regulatory Relief, and
Consumer Protection Act:
Implementation of New
Physical Conditions
Inspection Standards (FR-
6086).
----------------------------------------------------------------------------------------------------------------
Department of the Interior
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No. Rulemaking stage
----------------------------------------------------------------------------------------------------------------
92............................ Revisions to the 1082-AA01 Proposed Rule Stage.
Requirements for
Exploratory Drilling on
the Arctic Outer
Continental Shelf.
93............................ Risk Management, 1082-AA02 Proposed Rule Stage.
Financial Assurance and
Loss Prevention.
94............................ Deregulating and 1010-AE04 Proposed Rule Stage.
Streamlining Renewable
Energy Regulations.
95............................ Non-Energy Solid Leasable 1004-AE58 Proposed Rule Stage.
Mineral Royalty Rate
Reduction.
96............................ Revisions to the Oil and 1004-AE59 Proposed Rule Stage.
Gas Site Security, Oil
Measurement, and Gas
Measurement Regulations.
----------------------------------------------------------------------------------------------------------------
Department of Labor
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No. Rulemaking stage
----------------------------------------------------------------------------------------------------------------
97............................ Affirmative Action and 1250-AA08 Proposed Rule Stage.
Nondiscrimination
Obligations of Federal
Contractors and
Subcontractors: TRICARE
and Certain Other Health
Care Providers.
98............................ Implementing Legal 1250-AA09 Final Rule Stage.
Requirements Regarding
the Equal Opportunity
Clause's Religious
Exemption.
99............................ Trust Annual Reports..... 1245-AA09 Final Rule Stage.
100........................... Regular and Basic Rates 1235-AA24 Final Rule Stage.
Under the Fair Labor
Standards Act.
101........................... Joint Employer Status 1235-AA26 Final Rule Stage.
Under the Fair Labor
Standards Act.
102........................... Trade Adjustment 1205-AB78 Proposed Rule Stage.
Assistance for Workers.
103........................... Apprenticeship Programs, 1205-AB85 Final Rule Stage.
Labor Standards for
Registration, Amendment
of Regulations.
104........................... Default Electronic 1210-AB90 Proposed Rule Stage.
Disclosures by Employee
Pension Benefit Plans
Under ERISA.
105........................... Exposure to Beryllium to 1218-AD20 Final Rule Stage.
Review General Industry
Provisions.
----------------------------------------------------------------------------------------------------------------
Department of Veterans Affairs
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No. Rulemaking stage
----------------------------------------------------------------------------------------------------------------
106........................... Program of Comprehensive 2900-AQ48 Proposed Rule Stage.
Assistance for Family
Caregivers Amendments
Under the VA MISSION Act
of 2018.
----------------------------------------------------------------------------------------------------------------
[[Page 71090]]
Environmental Protection Agency
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No. Rulemaking stage
----------------------------------------------------------------------------------------------------------------
107........................... Control of Air Pollution 2060-AU41 Prerule Stage.
from New Motor Vehicles:
Heavy-Duty Engine
Standards.
108........................... Addition of Certain Per- 2070-AK51 Prerule Stage.
and Polyfluoroalkyl
Substances (PFAS) to the
Toxics Release Inventory.
109........................... Regulatory Determinations 2040-AF93 Prerule Stage.
for Perfluorooctanoic
Acid (PFOA) and
Perfluorooctanesulfate
(PFOS).
110........................... Reclassification of Major 2060-AM75 Proposed Rule Stage.
Sources as Area Sources
Under Section 112 of the
Clean Air Act.
111........................... Review of the National 2060-AS50 Proposed Rule Stage.
Ambient Air Quality
Standards for
Particulate Matter.
112........................... Prevention of Significant 2060-AT89 Proposed Rule Stage.
Deterioration (PSD) and
Nonattainment New Source
Review (NSR): Project
Emissions Accounting.
113........................... Oil and Natural Gas 2060-AT90 Proposed Rule Stage.
Sector: Emission
Standards for New,
Reconstructed, and
Modified Sources Review.
114........................... Renewable Fuel Standard 2060-AU28 Proposed Rule Stage.
Program: Modification of
Statutory Volume Targets.
115........................... Review of the Primary 2060-AU40 Proposed Rule Stage.
National Ambient Air
Quality Standards for
Ozone.
116........................... Renewable Fuel Standard 2060-AU42 Proposed Rule Stage.
Program: Standards for
2020, Biomass-Based
Diesel Volumes for 2021,
and Other Changes.
117........................... Increasing Consistency 2060-AU51 Proposed Rule Stage.
and Transparency in
Considering Benefits and
Costs in the Clean Air
Act Rulemaking Process.
118........................... Long-Chain Perfluoroalkyl 2070-AJ99 Proposed Rule Stage.
Carboxylate and
Perfluoroalkyl Sulfonate
Chemical Substances;
Significant New Use Rule.
119........................... Pesticides; Agricultural 2070-AK49 Proposed Rule Stage.
Worker Protection
Standard; Revision of
the Application
Exclusion Zone
Requirements.
120........................... Review of Dust-Lead Post- 2070-AK50 Proposed Rule Stage.
Abatement Clearance
Levels.
121........................... Protectants (Pips) To 2070-AK54 Proposed Rule Stage.
Reflect Newer
Technologies.
122........................... Strengthening 2080-AA14 Proposed Rule Stage.
Transparency in
Regulatory Science.
123........................... Hazardous and Solid Waste 2050-AG98 Proposed Rule Stage.
Management System:
Disposal of Coal
Combustion Residuals
From Electric Utilities;
Enhancing Public Access
to Information;
Reconsideration of
Beneficial Use Criteria
and Piles.
124........................... Financial Responsibility 2050-AH05 Proposed Rule Stage.
Requirements Under
CERCLA Section 108(b)
for the Chemical
Manufacturing Industry.
125........................... Financial Responsibility 2050-AH06 Proposed Rule Stage.
Requirements Under
CERCLA Section 108(b)
for the Petroleum and
Coal Products
Manufacturing Industry.
126........................... Hazardous and Solid Waste 2050-AH07 Proposed Rule Stage.
Management System:
Disposal of Coal
Combustion Residuals
From Electric Utilities:
Federal CCR Permit
Program.
127........................... Designating PFOA and PFOS 2050-AH09 Proposed Rule Stage.
as CERCLA Hazardous
Substances.
128........................... Hazardous and Solid Waste 2050-AH10 Proposed Rule Stage.
Management System:
Disposal of Coal
Combustion Residuals
From Electric Utilities;
A Holistic Approach to
Closure Part A: Deadline
to Initiate Closure.
129........................... Hazardous and Solid Waste 2050-AH11 Proposed Rule Stage.
Management System:
Disposal of CCR; A
Holistic Approach to
Closure Part B:
Alternate Demonstration
for Unlined Surface
Impoundments;
Implementation of
Closure; Legacy Units.
130........................... National Primary Drinking 2040-AF15 Proposed Rule Stage.
Water Regulations for
Lead and Copper:
Regulatory Revisions.
131........................... Peak Flows Management.... 2040-AF81 Proposed Rule Stage.
132........................... Updating Regulations on 2040-AF86 Proposed Rule Stage.
Water Quality
Certification.
133........................... Clean Water Act Section 2040-AF88 Proposed Rule Stage.
404(c) Regulatory
Revision.
134........................... Vessel Incidental 2040-AF92 Proposed Rule Stage.
Discharge Act of 2018--
Development of National
Performance Standards
for Marine Pollution
Control Devices for
Discharges Incidental to
the Normal Operation of
Commercial Vessels.
135........................... Review of Standards of 2060-AT56 Final Rule Stage.
Performance for
Greenhouse Gas Emissions
From New, Modified, and
Reconstructed Stationary
Sources: Electric
Utility Generating Units.
136........................... NESHAP: Coal- and Oil- 2060-AT99 Final Rule Stage.
Fired Electric Utility
Steam Generating Units--
Reconsideration of
Supplemental Cost
Finding and Residual
Risk and Technology
Review.
137........................... The Safer Affordable Fuel- 2060-AU09 Final Rule Stage.
Efficient (SAFE)
Vehicles Rule for Model
Years 2021-2026
Passenger Cars and Light
Trucks.
138........................... Accidental Release 2050-AG95 Final Rule Stage.
Prevention Requirements:
Risk Management Programs
Under the Clean Air Act:
Reconsideration of
Amendments.
139........................... Revised Definition of 2040-AF75 Final Rule Stage.
``Waters of the United
States'' (Step 2).
----------------------------------------------------------------------------------------------------------------
Equal Employment Opportunity Commission
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No. Rulemaking stage
----------------------------------------------------------------------------------------------------------------
140........................... Federal Sector Equal 3046-AB00 Proposed Rule Stage.
Employment Opportunity
Process.
141........................... Amendments to Regulations 3046-AB10 Proposed Rule Stage.
Under the Americans With
Disabilities Act.
142........................... Amendments to Regulations 3046-AB11 Proposed Rule Stage.
Under the Genetic
Information
Nondiscrimination Act of
2008.
[[Page 71091]]
143........................... Joint Employer Status 3046-AB16 Proposed Rule Stage.
Under the Federal Equal
Employment Opportunity
Statutes.
----------------------------------------------------------------------------------------------------------------
Small Business Administration
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No. Rulemaking stage
----------------------------------------------------------------------------------------------------------------
144........................... Small Business HUBZone 3245-AG38 Final Rule Stage.
Program and Government
Contracting Programs.
145........................... Women-Owned Small 3245-AG75 Final Rule Stage.
Business and
Economically
Disadvantaged Women-
Owned Small Business--
Certification.
----------------------------------------------------------------------------------------------------------------
Social Security Administration
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No. Rulemaking stage
----------------------------------------------------------------------------------------------------------------
146........................... Hearings Held by 0960-AI25 Proposed Rule Stage.
Administrative Appeals
Judges of the Appeals
Council.
147........................... Rules Regarding the 0960-AI27 Proposed Rule Stage.
Frequency and Notice of
Continuing Disability
Reviews.
148........................... Revising Evaluation of 0960-AI40 Proposed Rule Stage.
Vocational Factors in
the Disability
Determination Process.
149........................... Removing Inability to 0960-AH86 Final Rule Stage.
Communicate in English
as an Education Category.
150........................... Setting the Manner for 0960-AI09 Final Rule Stage.
the Appearance of
Parties and Witnesses at
a Hearing.
----------------------------------------------------------------------------------------------------------------
DOD/GSA/NASA (FAR)
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No. Rulemaking stage
----------------------------------------------------------------------------------------------------------------
151........................... Federal Acquisition 9000-AM58 Final Rule Stage.
Regulation (FAR); FAR
Case 2013-002; Reporting
of Nonconforming Items
to the Government-
Industry Data Exchange
Program.
----------------------------------------------------------------------------------------------------------------
Consumer Product Safety Commission
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No. Rulemaking stage
----------------------------------------------------------------------------------------------------------------
152........................... Flammability Standard for 3041-AB35 Final Rule Stage.
Upholstered Furniture.
153........................... Regulatory Options for 3041-AC31 Final Rule Stage.
Table Saws.
----------------------------------------------------------------------------------------------------------------
National Indian Gaming Commission
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No. Rulemaking stage
----------------------------------------------------------------------------------------------------------------
154........................... Definitions.............. 3141-AA32 Proposed Rule Stage.
155........................... Management Contracts..... 3141-AA58 Proposed Rule Stage.
156........................... Buy Indian Goods and 3141-AA62 Proposed Rule Stage.
Services (BIGS).
----------------------------------------------------------------------------------------------------------------
Nuclear Regulatory Commission
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No. Rulemaking stage
----------------------------------------------------------------------------------------------------------------
157........................... Enhanced Weapons for 3150-AJ55 Prerule Stage.
Spent Fuel Storage
Installations and
Transportation--Section
161A Authority [NRC-2015-
0018].
158........................... NuScale Small Modular 3150-AJ98 Prerule Stage.
Reactor Design
Certification [NRC-2017-
0029].
159........................... Low-Level Radioactive 3150-AI92 Proposed Rule Stage.
Waste Disposal [NRC-2011-
0012].
160........................... Enhanced Security for 3150-AJ41 Proposed Rule Stage.
Special Nuclear Material
[NRC-2014-0118].
161........................... Cyber Security at Fuel 3150-AJ64 Proposed Rule Stage.
Cycle Facilities [NRC-
2015-0179].
162........................... Approval of American 3150-AJ94 Proposed Rule Stage.
Society of Mechanical
Engineers Code Cases,
Revision 39 [NRC-2017-
0025].
163........................... 2019 Edition of the 3150-AK09 Proposed Rule Stage.
American Society of
Mechanical Engineers
Boiler and Pressure
Vessel Code [NRC-2017-
0226].
164........................... Revision of Fee 3150-AK10 Proposed Rule Stage.
Schedules: Fee Recovery
for FY 2020 [NRC-2017-
0228].
----------------------------------------------------------------------------------------------------------------
[[Page 71092]]
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REGULATORY INFORMATION SERVICE CENTER
Introduction to the Unified Agenda of Federal Regulatory and
Deregulatory Actions--Fall 2019
AGENCY: Regulatory Information Service Center.
ACTION: Introduction to the Regulatory Plan and the Unified Agenda of
Federal Regulatory and Deregulatory Actions.
-----------------------------------------------------------------------
SUMMARY: Publication of the Unified Agenda of Regulatory and
Deregulatory Actions and the Regulatory Plan represent key components
of the regulatory planning mechanism prescribed in Executive Order
12866, ``Regulatory Planning and Review,'' Executive Order 13771,
``Reducing Regulation and Controlling Regulatory Costs,'' January 30,
2017, and Executive Order 13777, ``Enforcing the Regulatory Reform
Agenda,'' February 24, 2017. The fall editions of the Unified Agenda
include the agency regulatory plans required by E.O. 12866, which
identify regulatory priorities and provide additional detail about the
most important significant regulatory actions that agencies expect to
take in the coming year.
In addition, the Regulatory Flexibility Act requires that agencies
publish semiannual ``regulatory flexibility agendas'' describing
regulatory actions they are developing that will have significant
effects on small businesses and other small entities (5 U.S.C. 602).
The Unified Agenda of Regulatory and Deregulatory Actions (Unified
Agenda), published in the fall and spring, helps agencies fulfill all
of these requirements. All federal regulatory agencies have chosen to
publish their regulatory agendas as part of this publication. The
complete Unified Agenda and Regulatory Plan can be found online at
http://www.reginfo.gov and a reduced print version can be found in the
Federal Register. Information regarding obtaining printed copies can
also be found on the Reginfo.gov website (or below, VI. How can users
get copies of the Plan and the Agenda?).
The fall 2019 Unified Agenda publication appearing in the Federal
Register includes the Regulatory Plan and agency regulatory flexibility
agendas, in accordance with the publication requirements of the
Regulatory Flexibility Act. Agency regulatory flexibility agendas
contain only those Agenda entries for rules that are likely to have a
significant economic impact on a substantial number of small entities
and entries that have been selected for periodic review under section
610 of the Regulatory Flexibility Act.
The complete fall 2019 Unified Agenda contains the Regulatory Plans
of 28 Federal agencies and 66 Federal agency regulatory agendas.
ADDRESSES: Regulatory Information Service Center (MVE), General
Services Administration, 1800 F Street NW, 2219F, Washington, DC 20405.
FOR FURTHER INFORMATION CONTACT: For further information about specific
regulatory actions, please refer to the agency contact listed for each
entry.
To provide comment on or to obtain further information about this
publication, contact: John C. Thomas, Executive Director, Regulatory
Information Service Center (MR), U.S. General Services Administration,
1800 F Street NW, Washington, DC 20405, (202) 482-7340. You may also
send comments to us by email at: [email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents
Introduction to the Regulatory Plan and the Unified Agenda of Federal
Regulatory and Deregulatory Actions
I. What are the Regulatory Plan and the Unified Agenda?
II. Why are the Regulatory Plan and the Unified Agenda published?
III. How are the Regulatory Plan and the Unified Agenda organized?
IV. What information appears for each entry?
V. Abbreviations
VI. How can users get copies of the Plan and the Agenda?
Introduction to the Fall 2019 Regulatory Plan
Agency Regulatory Plans
Cabinet Departments
Department of Agriculture
Department of Commerce
Department of Defense
Department of Education
Department of Energy
Department of Health and Human Services
Department of Homeland Security
Department of Housing and Urban Development
Department of the Interior
Department of Justice
Department of Labor
Department of Transportation
Department of the Treasury
Department of Veterans Affairs
Other Executive Agencies
Architectural and Transportation Barriers Compliance Board
Environmental Protection Agency
Equal Employment Opportunity Commission
General Services Administration
National Aeronautics and Space Administration
National Archives and Records Administration
Office of Personnel Management
Pension Benefit Guaranty Corporation
Small Business Administration
Social Security Administration
Independent Regulatory Agencies
Consumer Financial Protection Bureau
Consumer Product Safety Commission
Federal Trade Commission
National Indian Gaming Commission
Nuclear Regulatory Commission
Agency Agendas
Cabinet Departments
Department of Agriculture
Department of Commerce
Department of Defense
Department of Energy
Department of Health and Human Services
Department of Homeland Security
Department of the Interior
Department of Labor
Department of Transportation
Department of the Treasury
Department of Veterans Affairs
Other Executive Agencies
Architectural and Transportation Barriers Compliance Board
Environmental Protection Agency
General Services Administration
National Aeronautics and Space Administration
Office of Management and Budget
Railroad Retirement Board
Small Business Administration
Joint Authority
Department of Defense/General Services Administration/National
Aeronautics and Space Administration (Federal Acquisition
Regulation)
Independent Regulatory Agencies
Commodity Futures Trading Commission
Consumer Financial Protection Bureau
Consumer Product Safety Commission
Federal Communications Commission
Federal Reserve System
National Labor Relations Board
Nuclear Regulatory Commission
Securities and Exchange Commission
Surface Transportation Board
Table of Contents
Introduction to the Regulatory Plan and the Unified Agenda of Federal
Regulatory and Deregulatory Actions
I. What are the Regulatory Plan and the Unified Agenda?
II. Why are the Regulatory Plan and the Unified Agenda published?
III. How are the Regulatory Plan and the Unified Agenda organized?
IV. What information appears for each entry?
V. Abbreviations
VI. How can users get copies of the Plan and the Agenda?
Introduction to the Fall 2019 Regulatory Plan
Agency Regulatory Plans
Cabinet Departments
Department of Agriculture
Department of Commerce
Department of Defense
Department of Education
Department of Energy
[[Page 71093]]
Department of Health and Human Services
Department of Homeland Security
Department of Housing and Urban Development
Department of Interior
Department of Justice
Department of Labor
Department of Transportation
Department of Treasury
Department of Veterans Affairs
Other Executive Agencies
Architectural and Transportation Barriers Compliance Board
Environmental Protection Agency
Equal Employment Opportunity Commission
General Services Administration
National Aeronautics and Space Administration
National Archives and Records Administration
Office of Personnel Management
Pension Benefit Guaranty Corporation
Small Business Administration
Social Security Administration
Federal Acquisition Regulation
Independent Regulatory Agencies
Consumer Product Safety Commission
Federal Trade Commission
National Indian Gaming Commission
Nuclear Regulatory Commission
Agency Regulatory Flexibility Agendas
Cabinet Departments
Department of Agriculture
Department of Commerce
Department of Defense
Department of Energy
Department of Health and Human Services
Department of Homeland Security
Department of Interior
Department of Labor
Department of Transportation
Department of Treasury
Department of Veterans Affairs
Other Executive Agencies
Architectural and Transportation Barriers Compliance Board
Environmental Protection Agency
Federal Acquisition Regulation
General Services Administration
National Aeronautics and Space Administration
Office of Management and Budget
Railroad Retirement Board
Small Business Administration
Independent Agencies
Commodity Futures Trading Commission
Consumer Financial Protection Bureau
Product Safety Commission
Federal Communication Commission
Federal Reserve System
National Labor Relations Board
Nuclear Regulatory Commission
Securities and Exchange Commission
Introduction to the Regulatory Plan and the Unified Agenda of Federal
Regulatory and Deregulatory Actions
I. What are the Regulatory Plan and the Unified Agenda?
The Regulatory Plan serves as a defining statement of the
Administration's regulatory and deregulatory policies and priorities.
The Plan is part of the fall edition of the Unified Agenda. Each
participating agency's regulatory plan contains: (1) A narrative
statement of the agency's regulatory and deregulatory priorities, and,
for the most part, (2) a description of the most important significant
regulatory and deregulatory actions that the agency reasonably expects
to issue in proposed or final form during the upcoming fiscal year.
This edition includes the regulatory plans of 30 agencies.
The Unified Agenda provides information about regulations that the
Government is considering or reviewing. The Unified Agenda has appeared
in the Federal Register twice each year since 1983 and has been
available online since 1995. The complete Unified Agenda is available
to the public at http://www.reginfo.gov. The online Unified Agenda
offers flexible search tools and access to the historic Unified Agenda
database to 1995. The complete online edition of the Unified Agenda
includes regulatory agendas from 65 Federal agencies. Agencies of the
United States Congress are not included.
The fall 2019 Unified Agenda publication appearing in the Federal
Register consists of The Regulatory Plan and agency regulatory
flexibility agendas, in accordance with the publication requirements of
the Regulatory Flexibility Act. Agency regulatory flexibility agendas
contain only those Agenda entries for rules that are likely to have a
significant economic impact on a substantial number of small entities
and entries that have been selected for periodic review under section
610 of the Regulatory Flexibility Act. Printed entries display only the
fields required by the Regulatory Flexibility Act. Complete agenda
information for those entries appears, in a uniform format, in the
online Unified Agenda at http://www.reginfo.gov.
The following agencies have no entries for inclusion in the printed
regulatory flexibility agenda. An asterisk (*) indicates agencies that
appear in The Regulatory Plan. The regulatory agendas of these agencies
are available to the public at http://reginfo.gov.
Cabinet Departments
Department of Education *
Department of Justice *
Department of Housing and Urban Development *
Department of State
Other Executive Agencies
Agency for International Development
American Battle Monuments Commission
Commission on Civil Rights
Committee for Purchase From the People Who Are Blind or Severely
Disabled
Corporation for National and Community Service
Council on Environmental Quality
Court Services and Offender Supervision Agency for the District of
Columbia
Equal Employment Opportunity Commission *
Federal Mediation Conciliation Service
Institute of Museum and Library Services
National Archives and Records Administration *
National Endowment for the Arts
National Endowment for the Humanities
National Mediation Board
Office of Government Ethics
Office of Personnel Management *
Peace Corps
Pension Benefit Guaranty Corporation *
Presidio Trust
Private Civil Liberties Oversight Board
Social Security Administration *
U.S. Agency for Global Media
United States International Development Finance Corporation
Independent Agencies
Farm Credit Administration
Federal Deposit Insurance Corporation
Federal Energy Regulatory Commission
Federal Housing Finance Agency
Federal Maritime Commission
Federal Mine Safety and Health Review Commission
Federal Trade Commission *
National Credit Union Administration
National Indian Gaming Commission*
National Transportation Safety Board
Postal Regulatory Commission
U.S. Chemical Safety and Hazard Investigation Board
The Regulatory Information Service Center compiles the Unified
Agenda for the Office of Information and Regulatory Affairs (OIRA),
part of the Office of Management and Budget. OIRA is responsible for
overseeing the Federal Government's regulatory, paperwork, and
information resource management activities, including implementation of
Executive Order 12866 (incorporated in Executive Order 13563). The
Center also provides information about Federal regulatory activity to
the President and his Executive Office, the Congress, agency officials,
and the public.
The activities included in the Agenda are, in general, those that
will have a regulatory action within the next 12 months. Agencies may
choose to include activities that will have a longer timeframe than 12
months. Agency
[[Page 71094]]
agendas also show actions or reviews completed or withdrawn since the
last Unified Agenda. Executive Order 12866 does not require agencies to
include regulations concerning military or foreign affairs functions or
regulations related to agency organization, management, or personnel
matters.
Agencies prepared entries for this publication to give the public
notice of their plans to review, propose, and issue regulations. They
have tried to predict their activities over the next 12 months as
accurately as possible, but dates and schedules are subject to change.
Agencies may withdraw some of the regulations now under development,
and they may issue or propose other regulations not included in their
agendas. Agency actions in the rulemaking process may occur before or
after the dates they have listed. The Regulatory Plan and Unified
Agenda do not create a legal obligation on agencies to adhere to
schedules in this publication or to confine their regulatory activities
to those regulations that appear within it.
II. Why are the Regulatory Plan and the Unified Agenda published?
The Regulatory Plan and the Unified Agenda helps agencies comply
with their obligations under the Regulatory Flexibility Act and various
Executive orders and other statutes.
Regulatory Flexibility Act
The Regulatory Flexibility Act requires agencies to identify those
rules that may have a significant economic impact on a substantial
number of small entities (5 U.S.C. 602). Agencies meet that requirement
by including the information in their submissions for the Unified
Agenda. Agencies may also indicate those regulations that they are
reviewing as part of their periodic review of existing rules under the
Regulatory Flexibility Act (5 U.S.C. 610). Executive Order 13272,
``Proper Consideration of Small Entities in Agency Rulemaking,'' signed
August 13, 2002 (67 FR 53461), provides additional guidance on
compliance with the Act.
Executive Order 12866
Executive Order 12866, ``Regulatory Planning and Review,''
September 30, 1993 (58 FR 51735), requires covered agencies to prepare
an agenda of all regulations under development or review. The Order
also requires that certain agencies prepare annually a regulatory plan
of their ``most important significant regulatory actions,'' which
appears as part of the fall Unified Agenda. Executive Order 13497,
signed January 30, 2009 (74 FR 6113), revoked the amendments to
Executive Order 12866 that were contained in Executive Order 13258 and
Executive Order 13422.
Executive Order 13771
Executive Order 13771, ``Reducing Regulation and Controlling
Regulatory Costs,'' January 30, 2017 (82 FR 9339) requires each agency
to identify for elimination two prior regulations for every one new
regulation issued, and the cost of planned regulations be prudently
managed and controlled through a budgeting process.
Executive Order 13777
Executive Order 13777, ``Enforcing the Regulatory Reform Agenda,''
February 24, 2017 (82 FR 12285) requires each agency to designate an
agency official as its Regulatory Reform Officer (RRO). Each RRO shall
oversee the implementation of regulatory reform initiatives and
policies to ensure that agencies effectively carry out regulatory
reforms, consistent with applicable law. The Executive Order also
directs that each agency designate a regulatory Reform Task Force.
Executive Order 13563
Executive Order 13563, ``Improving Regulation and Regulatory
Review,'' January 18, 2011 (76 FR 3821) supplements and reaffirms the
principles, structures, and definitions governing contemporary
regulatory review that were established in Executive Order 12866, which
includes the general principles of regulation and public participation,
and orders integration and innovation in coordination across agencies;
flexible approaches where relevant, feasible, and consistent with
regulatory approaches; scientific integrity in any scientific or
technological information and processes used to support the agencies'
regulatory actions; and retrospective analysis of existing regulations.
Executive Order 13132
Executive Order 13132, ``Federalism,'' August 4, 1999 (64 FR
43255), directs agencies to have an accountable process to ensure
meaningful and timely input by State and local officials in the
development of regulatory policies that have ``federalism
implications'' as defined in the Order. Under the Order, an agency that
is proposing a regulation with federalism implications, which either
preempt State law or impose non-statutory unfunded substantial direct
compliance costs on State and local governments, must consult with
State and local officials early in the process of developing the
regulation. In addition, the agency must provide to the Director of the
Office of Management and Budget a federalism summary impact statement
for such a regulation, which consists of a description of the extent of
the agency's prior consultation with State and local officials, a
summary of their concerns and the agency's position supporting the need
to issue the regulation, and a statement of the extent to which those
concerns have been met. As part of this effort, agencies include in
their submissions for the Unified Agenda information on whether their
regulatory actions may have an effect on the various levels of
government and whether those actions have federalism implications.
Unfunded Mandates Reform Act of 1995
The Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4, title II)
requires agencies to prepare written assessments of the costs and
benefits of significant regulatory actions ``that may result in the
expenditure by State, local, and tribal governments, in the aggregate,
or by the private sector, of $100,000,000 or more in any 1 year.'' The
requirement does not apply to independent regulatory agencies, nor does
it apply to certain subject areas excluded by section 4 of the Act.
Affected agencies identify in the Unified Agenda those regulatory
actions they believe are subject to title II of the Act.
Executive Order 13211
Executive Order 13211, ``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use,'' May 18,
2001 (66 FR 28355), directs agencies to provide, to the extent
possible, information regarding the adverse effects that agency actions
may have on the supply, distribution, and use of energy. Under the
Order, the agency must prepare and submit a Statement of Energy Effects
to the Administrator of the Office of Information and Regulatory
Affairs, Office of Management and Budget, for ``those matters
identified as significant energy actions.'' As part of this effort,
agencies may optionally include in their submissions for the Unified
Agenda information on whether they have prepared or plan to prepare a
Statement of Energy Effects for their regulatory actions.
Small Business Regulatory Enforcement Fairness Act
The Small Business Regulatory Enforcement Fairness Act (Pub. L.
104-121, title II) established a procedure for congressional review of
rules (5 U.S.C. 801 et seq.), which defers, unless exempted, the
effective date of a
[[Page 71095]]
``major'' rule for at least 60 days from the publication of the final
rule in the Federal Register. The Act specifies that a rule is
``major'' if it has resulted, or is likely to result, in an annual
effect on the economy of $100 million or more or meets other criteria
specified in that Act. The Act provides that the Administrator of OIRA
will make the final determination as to whether a rule is major.
III. How are the Regulatory Plan and the Unified Agenda organized?
The Regulatory Plan appears in part II in a daily edition of the
Federal Register. The Plan is a single document beginning with an
introduction, followed by a table of contents, followed by each
agency's section of the Plan. Following the Plan in the Federal
Register, as separate parts, are the regulatory flexibility agendas for
each agency whose agenda includes entries for rules which are likely to
have a significant economic impact on a substantial number of small
entities or rules that have been selected for periodic review under
section 610 of the Regulatory Flexibility Act. Each printed agenda
appears as a separate part. The sections of the Plan and the parts of
the Unified Agenda are organized alphabetically in four groups: Cabinet
departments; other executive agencies; the Federal Acquisition
Regulation, a joint authority (Agenda only); and independent regulatory
agencies. Agencies may in turn be divided into subagencies. Each
printed agency agenda has a table of contents listing the agency's
printed entries that follow. Each agency's part of the Agenda contains
a preamble providing information specific to that agency. Each printed
agency agenda has a table of contents listing the agency's printed
entries that follow.
Each agency's section of the Plan contains a narrative statement of
regulatory priorities and, for most agencies, a description of the
agency's most important significant regulatory and deregulatory
actions. Each agency's part of the Agenda contains a preamble providing
information specific to that agency plus descriptions of the agency's
regulatory and deregulatory actions.
The online, complete Unified Agenda contains the preambles of all
participating agencies. Unlike the printed edition, the online Agenda
has no fixed ordering. In the online Agenda, users can select the
particular agencies' agendas they want to see. Users have broad
flexibility to specify the characteristics of the entries of interest
to them by choosing the desired responses to individual data fields. To
see a listing of all of an agency's entries, a user can select the
agency without specifying any particular characteristics of entries.
Each entry in the Agenda is associated with one of five rulemaking
stages. The rulemaking stages are:
1. Prerule Stage--actions agencies will undertake to determine
whether or how to initiate rulemaking. Such actions occur prior to a
Notice of Proposed Rulemaking (NPRM) and may include Advance Notices of
Proposed Rulemaking (ANPRMs) and reviews of existing regulations.
2. Proposed Rule Stage--actions for which agencies plan to publish
a Notice of Proposed Rulemaking as the next step in their rulemaking
process or for which the closing date of the NPRM Comment Period is the
next step.
3. Final Rule Stage--actions for which agencies plan to publish a
final rule or an interim final rule or to take other final action as
the next step.
4. Long-Term Actions--items under development but for which the
agency does not expect to have a regulatory action within the 12 months
after publication of this edition of the Unified Agenda. Some of the
entries in this section may contain abbreviated information.
5. Completed Actions--actions or reviews the agency has completed
or withdrawn since publishing its last agenda. This section also
includes items the agency began and completed between issues of the
Agenda.
Long-Term Actions are rulemakings reported during the publication
cycle that are outside of the required 12-month reporting period for
which the Agenda was intended. Completed Actions in the publication
cycle are rulemakings that are ending their lifecycle either by
Withdrawal or completion of the rulemaking process. Therefore, the
Long-Term and Completed RINs do not represent the ongoing, forward-
looking nature intended for reporting developing rulemakings in the
Agenda pursuant to Executive Order 12866, section 4(b) and 4(c). To
further differentiate these two stages of rulemaking in the Unified
Agenda from active rulemakings, Long-Term and Completed Actions are
reported separately from active rulemakings, which can be any of the
first three stages of rulemaking listed above. A separate search
function is provided on http://reginfo.gov to search for Completed and
Long-Term Actions apart from each other and active RINs.
A bullet () preceding the title of an entry indicates that
the entry is appearing in the Unified Agenda for the first time.
In the printed edition, all entries are numbered sequentially from
the beginning to the end of the publication. The sequence number
preceding the title of each entry identifies the location of the entry
in this edition. The sequence number is used as the reference in the
printed table of contents. Sequence numbers are not used in the online
Unified Agenda because the unique Regulation Identifier Number (RIN) is
able to provide this cross-reference capability.
Editions of the Unified Agenda prior to fall 2007 contained several
indexes, which identified entries with various characteristics. These
included regulatory actions for which agencies believe that the
Regulatory Flexibility Act may require a Regulatory Flexibility
Analysis, actions selected for periodic review under section 610(c) of
the Regulatory Flexibility Act, and actions that may have federalism
implications as defined in Executive Order 13132 or other effects on
levels of government. These indexes are no longer compiled, because
users of the online Unified Agenda have the flexibility to search for
entries with any combination of desired characteristics. The online
edition retains the Unified Agenda's subject index based on the Federal
Register Thesaurus of Indexing Terms. In addition, online users have
the option of searching Agenda text fields for words or phrases.
IV. What information appears for each entry?
All entries in the online Unified Agenda contain uniform data
elements including, at a minimum, the following information:
Title of the Regulation--a brief description of the subject of the
regulation. In the printed edition, the notation ``Section 610 Review''
following the title indicates that the agency has selected the rule for
its periodic review of existing rules under the Regulatory Flexibility
Act (5 U.S.C. 610(c)). Some agencies have indicated completions of
section 610 reviews or rulemaking actions resulting from completed
section 610 reviews. In the online edition, these notations appear in a
separate field.
Priority--an indication of the significance of the regulation.
Agencies assign each entry to one of the following five categories of
significance.
(1) Economically Significant
As defined in Executive Order 12866, a rulemaking action that will
have an annual effect on the economy of $100 million or more or will
adversely affect in a material way the economy, a sector
[[Page 71096]]
of the economy, productivity, competition, jobs, the environment,
public health or safety, or State, local, or tribal governments or
communities. The definition of an ``economically significant'' rule is
similar but not identical to the definition of a ``major'' rule under 5
U.S.C. 801 (Pub. L. 104-121). (See below.)
(2) Other Significant
A rulemaking that is not Economically Significant but is considered
Significant by the agency. This category includes rules that the agency
anticipates will be reviewed under Executive Order 12866 or rules that
are a priority of the agency head. These rules may or may not be
included in the agency's regulatory plan.
(3) Substantive, Nonsignificant
A rulemaking that has substantive impacts, but is neither
Significant, nor Routine and Frequent, nor Informational/
Administrative/Other.
(4) Routine and Frequent
A rulemaking that is a specific case of a multiple recurring
application of a regulatory program in the Code of Federal Regulations
and that does not alter the body of the regulation.
(5) Informational/Administrative/Other
A rulemaking that is primarily informational or pertains to agency
matters not central to accomplishing the agency's regulatory mandate
but that the agency places in the Unified Agenda to inform the public
of the activity.
Major--whether the rule is ``major'' under 5 U.S.C. 801 (Pub. L.
104-121) because it has resulted or is likely to result in an annual
effect on the economy of $100 million or more or meets other criteria
specified in that Act. The Act provides that the Administrator of the
Office of Information and Regulatory Affairs will make the final
determination as to whether a rule is major.
Unfunded Mandates--whether the rule is covered by section 202 of
the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4). The Act
requires that, before issuing an NPRM likely to result in a mandate
that may result in expenditures by State, local, and tribal
governments, in the aggregate, or by the private sector of more than
$100 million in 1 year, agencies, other than independent regulatory
agencies, shall prepare a written statement containing an assessment of
the anticipated costs and benefits of the Federal mandate.
Legal Authority--the section(s) of the United States Code (U.S.C.)
or Public Law (Pub. L.) or the Executive order (E.O.) that authorize(s)
the regulatory action. Agencies may provide popular name references to
laws in addition to these citations.
CFR Citation--the section(s) of the Code of Federal Regulations
that will be affected by the action.
Legal Deadline--whether the action is subject to a statutory or
judicial deadline, the date of that deadline, and whether the deadline
pertains to an NPRM, a Final Action, or some other action.
Abstract--a brief description of the problem the regulation will
address; the need for a Federal solution; to the extent available,
alternatives that the agency is considering to address the problem; and
potential costs and benefits of the action.
Timetable--the dates and citations (if available) for all past
steps and a projected date for at least the next step for the
regulatory action. A date displayed in the form 12/00/19 means the
agency is predicting the month and year the action will take place but
not the day it will occur. In some instances, agencies may indicate
what the next action will be, but the date of that action is ``To Be
Determined.'' ``Next Action Undetermined'' indicates the agency does
not know what action it will take next.
Regulatory Flexibility Analysis Required--whether an analysis is
required by the Regulatory Flexibility Act (5 U.S.C. 601 et seq.)
because the rulemaking action is likely to have a significant economic
impact on a substantial number of small entities as defined by the Act.
Small Entities Affected--the types of small entities (businesses,
governmental jurisdictions, or organizations) on which the rulemaking
action is likely to have an impact as defined by the Regulatory
Flexibility Act. Some agencies have chosen to indicate likely effects
on small entities even though they believe that a Regulatory
Flexibility Analysis will not be required.
Government Levels Affected--whether the action is expected to
affect levels of government and, if so, whether the governments are
State, local, tribal, or Federal.
International Impacts--whether the regulation is expected to have
international trade and investment effects, or otherwise may be of
interest to the Nation's international trading partners.
Federalism--whether the action has ``federalism implications'' as
defined in Executive Order 13132. This term refers to actions ``that
have substantial direct effects on the States, on the relationship
between the national government and the States, or on the distribution
of power and responsibilities among the various levels of government.''
Independent regulatory agencies are not required to supply this
information.
Included in the Regulatory Plan--whether the rulemaking was
included in the agency's current regulatory plan published in fall
2017.
Agency Contact--the name and phone number of at least one person in
the agency who is knowledgeable about the rulemaking action. The agency
may also provide the title, address, fax number, email address, and TDD
for each agency contact.
Some agencies have provided the following optional information:
RIN Information URL--the internet address of a site that provides
more information about the entry.
Public Comment URL--the internet address of a site that will accept
public comments on the entry. Alternatively, timely public comments may
be submitted at the Governmentwide e-rulemaking site, http://www.regulations.gov.
Additional Information--any information an agency wishes to include
that does not have a specific corresponding data element.
Compliance Cost to the Public--the estimated gross compliance cost
of the action.
Affected Sectors--the industrial sectors that the action may most
affect, either directly or indirectly. Affected sectors are identified
by North American Industry Classification System (NAICS) codes.
Energy Effects--an indication of whether the agency has prepared or
plans to prepare a Statement of Energy Effects for the action, as
required by Executive Order 13211 ``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use,'' signed May
18, 2001 (66 FR 28355).
Related RINs--one or more past or current RIN(s) associated with
activity related to this action, such as merged RINs, split RINs, new
activity for previously completed RINs, or duplicate RINs.
Statement of Need--a description of the need for the regulatory
action.
Summary of the Legal Basis--a description of the legal basis for
the action, including whether any aspect of the action is required by
statute or court order.
Alternatives--a description of the alternatives the agency has
considered or will consider as required by section 4(c)(1)(B) of
Executive Order 12866.
Anticipated Costs and Benefits--a description of preliminary
estimates of
[[Page 71097]]
the anticipated costs and benefits of the action.
Risks--a description of the magnitude of the risk the action
addresses, the amount by which the agency expects the action to reduce
this risk, and the relation of the risk and this risk reduction effort
to other risks and risk reduction efforts within the agency's
jurisdiction.
V. Abbreviations
The following abbreviations appear throughout this publication:
ANPRM--An Advance Notice of Proposed Rulemaking is a preliminary
notice, published in the Federal Register, announcing that an agency is
considering a regulatory action. An agency may issue an ANPRM before it
develops a detailed proposed rule. An ANPRM describes the general area
that may be subject to regulation and usually asks for public comment
on the issues and options being discussed. An ANPRM is issued only when
an agency believes it needs to gather more information before
proceeding to a notice of proposed rulemaking.
CFR--The Code of Federal Regulations is an annual codification of
the general and permanent regulations published in the Federal Register
by the agencies of the Federal Government. The Code is divided into 50
titles, each title covering a broad area subject to Federal regulation.
The CFR is keyed to and kept up to date by the daily issues of the
Federal Register.
E.O.--An Executive order is a directive from the President to
Executive agencies, issued under constitutional or statutory authority.
Executive orders are published in the Federal Register and in title 3
of the Code of Federal Regulations.
FR--The Federal Register is a daily Federal Government publication
that provides a uniform system for publishing Presidential documents,
all proposed and final regulations, notices of meetings, and other
official documents issued by Federal agencies.
FY--The Federal fiscal year runs from October 1 to September 30.
[ssquf] NPRM--A Notice of Proposed Rulemaking is the document an
agency issues and publishes in the Federal Register that describes and
solicits public comments on a proposed regulatory action. Under the
Administrative Procedure Act (5 U.S.C. 553), an NPRM must include, at a
minimum: A statement of the time, place, and nature of the public
rulemaking proceeding;
[ssquf] A reference to the legal authority under which the rule is
proposed; and Either the terms or substance of the proposed rule or a
description of the subjects and issues involved.
PL (or Pub. L.)--A public law is a law passed by Congress and
signed by the President or enacted over his veto. It has general
applicability, unlike a private law that applies only to those persons
or entities specifically designated. Public laws are numbered in
sequence throughout the 2-year life of each Congress; for example,
Public Law 112-4 is the fourth public law of the 112th Congress.
RFA--A Regulatory Flexibility Analysis is a description and
analysis of the impact of a rule on small entities, including small
businesses, small governmental jurisdictions, and certain small not-
for-profit organizations. The Regulatory Flexibility Act (5 U.S.C. 601
et seq.) requires each agency to prepare an initial RFA for public
comment when it is required to publish an NPRM and to make available a
final RFA when the final rule is published, unless the agency head
certifies that the rule would not have a significant economic impact on
a substantial number of small entities.
RIN--The Regulation Identifier Number is assigned by the Regulatory
Information Service Center to identify each regulatory action listed in
the Regulatory Plan and the Unified Agenda, as directed by Executive
Order 12866 (section 4(b)). Additionally, OMB has asked agencies to
include RINs in the headings of their Rule and Proposed Rule documents
when publishing them in the Federal Register, to make it easier for the
public and agency officials to track the publication history of
regulatory actions throughout their development.
Seq. No.--The sequence number identifies the location of an entry
in the printed edition of the Regulatory Plan and the Unified Agenda.
Note that a specific regulatory action will have the same RIN
throughout its development but will generally have different sequence
numbers if it appears in different printed editions of the Unified
Agenda. Sequence numbers are not used in the online Unified Agenda.
U.S.C.--The United States Code is a consolidation and codification
of all general and permanent laws of the United States. The U.S.C. is
divided into 50 titles, each title covering a broad area of Federal
law.
VI. How can users get copies of the Plan and the Agenda?
Copies of the Federal Register issue containing the printed edition
of The Regulatory Plan and the Unified Agenda (agency regulatory
flexibility agendas) are available from the Superintendent of
Documents, U.S. Government Printing Office, P.O. Box 371954,
Pittsburgh, PA 15250-7954. Telephone: (202) 512-1800 or 1-866-512-1800
(toll-free).
Copies of individual agency materials may be available directly
from the agency or may be found on the agency's website. Please contact
the particular agency for further information.
All editions of The Regulatory Plan and the Unified Agenda of
Federal Regulatory and Deregulatory Actions since fall 1995 are
available in electronic form at http://reginfo.gov, along with flexible
search tools.
The Government Printing Office's GPO FDsys website contains copies
of the Agendas and Regulatory Plans that have been printed in the
Federal Register. These documents are available at http://www.fdsys.gov.
Dated: November 18, 2019.
John C. Thomas,
Executive Director.
[FR Doc. 2019-26533 Filed 12-23-19; 8:45 am]
BILLING CODE 6820-27-P