Introduction to the Fall 2019 Regulatory Plan

Citation84 FR 71085
Record Number2019-26533
Published date26 December 2019
CourtRegulatory Information Service Center
Federal Register, Volume 84 Issue 247 (Thursday, December 26, 2019)
[Federal Register Volume 84, Number 247 (Thursday, December 26, 2019)]
                [Unknown Section]
                [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 IIRegulatory Information Service Center-----------------------------------------------------------------------Introduction to the Fall 2019 Regulatory Plan
                Federal Register / Vol. 84 , No. 247 / Thursday, December 26, 2019 /
                UA: Regulatory Plan
                [[Page 71086]]
                -----------------------------------------------------------------------
                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\
                ---------------------------------------------------------------------------
                 \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/.
                ---------------------------------------------------------------------------
                 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''.
                ----------------------------------------------------------------------------------------------------------------
                 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.
                ----------------------------------------------------------------------------------------------------------------
                [[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]]
                -----------------------------------------------------------------------
                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
                

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