[Federal Register Volume 84, Number 247 (Thursday, December 26, 2019)]
[Proposed Rules]
[Pages 71085-71097]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-26533]



[[Page 71085]]

Vol. 84

Thursday,

No. 247

December 26, 2019

Part II





Regulatory Information Service Center





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Introduction to the Fall 2019 Regulatory Plan

  Federal Register / Vol. 84 , No. 247 / Thursday, December 26, 2019 / 
UA: Regulatory Plan  

[[Page 71086]]


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REGULATORY INFORMATION SERVICE CENTER


Introduction to the Fall 2019 Regulatory Plan

    This Fall 2019 Regulatory Plan continues to reflect a fundamental 
shift of the Regulatory state. Starting with confidence in private 
markets and individual choices, this Administration is reassessing 
existing regulatory burdens. This year marks year three in the 
Administration's efforts under Executive Order 13771, ``Reducing 
Regulation and Controlling Regulatory Costs'' (January 30, 2017) to 
continue to lower the burden of regulation on the American people. This 
Administration also approaches the imposition of new regulatory 
requirements with care to ensure that regulations are consistent with 
law, understandable to the public and not hidden in indecipherable text 
or implementing guidance, correct a substantial market failure, and are 
net beneficial to the public. Furthermore, the Plan, along with the 
Unified Agenda of Regulatory and Deregulatory Actions (``Agenda''), 
identifies the Administration's priorities in a manner that continues 
to be transparent and accessible to the public.

Federal Regulatory and Deregulatory Policy

    The 2019 Plan both sets a new direction in regulatory policy and 
preserves many longstanding regulatory best practices. Stressing that, 
where statutorily permitted, ``it is essential to manage the costs 
associated with the governmental imposition of private expenditures 
required to comply with Federal regulations,'' in E.O. 13771 President 
Trump directed all Federal agencies to issue two deregulatory actions 
for each new regulation implemented and to reduce net new regulatory 
costs to zero. He also created regulatory reform officers and 
regulatory reform taskforces in each agency in E.O. 13777 ``Enforcing 
the Regulatory Reform Agenda,'' (February 24, 2017). Within the Office 
of Management and Budget, the Office of Information and Regulatory 
Affairs (OIRA) implements Federal regulatory policy and has led efforts 
to implement these presidential directives, working with agencies to 
identify deregulatory actions and eliminate regulatory burdens.

Regulatory Transparency

    This Administration continues to work to make sure that the public 
is adequately informed about upcoming regulatory activity. Through the 
past few agenda cycles, OIRA has emphasized to the agencies that the 
Agenda and Plan should only contain items the Agencies truly believe 
are going to be pursued in the near future. For too long, the Agenda 
has contained old actions that agencies are not actively pursuing.
    This Administration has also taken steps to make sure that agencies 
uphold the law governing the quality of the data and evidence they use 
to justify their policy and program choices. In a recent Memorandum, 
OMB reminded agencies that they must ensure that information that is 
likely to have a clear and substantial impact on important public 
policies or important private sector decisions is communicated 
transparently, clearly articulates the underlying assumptions and 
uncertainties, and prioritizes increased access to the data and models 
underlying such information.\1\ In addition, OMB's guidance on 
implementing The Foundations for Evidence-Based Policymaking Act of 
2018 emphasizes the importance of increasing transparency and trust 
about the data brought to bear in decision-making and the need to align 
evidence building with Administration priorities, including regulatory 
and deregulatory activities.\2\
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    \1\ OMB M-19-15. Memorandum for the Heads of Executive 
Departments and Agencies: ``Improving Implementation of the 
Information Quality Act.'' April 24, 2019 https://www.whitehouse.gov/wp-content/uploads/2019/04/M-19-15.pdf.
    \2\ OMB M 19-23. Memorandum for the heads of Executive 
Departments and Agencies. Phase 1 Implementation of the Foundations 
for Evidence-Based Policymaking Act of 2018: Leaning Agendas, 
Personnel, and Planning Guidance. https://www.whitehouse.gov/wp-content/uploads/2019/07/M-19-23.pdf. Federal Data Strategy https://strategy.data.gov/action-plan/; https://strategy.data.gov/practices/.
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    In addition, this Administration has taken several significant 
steps to make sure that regulation is not created through other means, 
and that both the public and Congress have adequate notice of agency 
intentions. Recently, the President signed Executive Order 13891 titled 
``Promoting the Rule of Law through Improved Agency Guidance.'' This 
E.O. emphasizes that Americans deserve an open and fair regulatory 
process that imposes new obligations on the public only when consistent 
with applicable law and after an agency follows appropriate procedures. 
The E.O. makes it the policy of the executive branch to require that 
agencies treat guidance documents as non-binding both in law and in 
practice, take public input into account when appropriate in 
formulating guidance documents, and make guidance documents readily 
available to the public. On April 11, 2019, OMB also issued Memorandum 
M-19-14, ``Guidance on Compliance with the Congressional Review Act.'' 
Memorandum M-19-14 updates existing OMB guidance to agencies with 
regard to both OIRA and agency responsibilities under the Congressional 
Review Act (CRA) by (1) clarifying that guidance documents fall within 
the definition of ``rule'' under the CRA and (2) making the process by 
which OIRA makes ``major determinations'' more consistent and thorough, 
including through the receipt of adequate agency analysis on whether a 
rule is major.

Conclusion

    The agency plans herein discussed push against the inertia of 
steadily expanding regulatory burdens and represent this 
Administration's commitment to reducing regulations that no longer 
benefit our society. The plans also send a clear message that the 
public can invest and plan for the future without the looming threat of 
being surprised by burdensome and unnecessary new regulations. OIRA 
looks forward to working with the agencies and all interested 
stakeholders to deliver meaningful regulatory reform to the American 
people.

                                            Department of Agriculture
----------------------------------------------------------------------------------------------------------------
                                                              Regulation
         Sequence No.                     Title             Identifier No.             Rulemaking stage
----------------------------------------------------------------------------------------------------------------
1.............................  Establishment of a                0581-AD82  Final Rule Stage.
                                 Domestic Hemp Production
                                 Program.
2.............................  Importation, Interstate           0579-AE47  Final Rule Stage.
                                 Movement, and Release
                                 Into the Environment of
                                 Certain Genetically
                                 Engineered Organisms.
3.............................  Revision of Categorical           0584-AE62  Proposed Rule Stage.
                                 Eligibility in the
                                 Supplemental Nutrition
                                 Assistance Program
                                 (SNAP).

[[Page 71087]]

 
4.............................  Supplemental Nutrition            0584-AE69  Proposed Rule Stage.
                                 Assistance Program
                                 (SNAP): Standardization
                                 of State Heating and
                                 Cooling Standard Utility
                                 Allowances.
5.............................  Supplemental Nutrition            0584-AE57  Final Rule Stage.
                                 Assistance Program:
                                 Requirements for Able-
                                 Bodied Adults Without
                                 Dependents.
6.............................  Prior Label Approval              0583-AD78  Proposed Rule Stage.
                                 System: Expansion of
                                 Generic Label Approval.
7.............................  Alaska Roadless Rule.....         0596-AD37  Proposed Rule Stage.
8.............................  National Environmental            0596-AD31  Final Rule Stage.
                                 Policy Act Procedures.
9.............................  Servicing Regulation for          0572-AC41  Final Rule Stage.
                                 the Rural Utilities
                                 Service (RUS)
                                 Telecommunications
                                 Programs.
10............................  OneRD Guaranteed Loan             0572-AC43  Final Rule Stage.
                                 Regulation.
11............................  Rural Broadband Grant,            0572-AC46  Final Rule Stage.
                                 Loan, and Loan Guarantee
                                 Program.
----------------------------------------------------------------------------------------------------------------


                                             Department of Commerce
----------------------------------------------------------------------------------------------------------------
                                                              Regulation
         Sequence No.                     Title             Identifier No.             Rulemaking stage
----------------------------------------------------------------------------------------------------------------
12............................  Fishery Disaster                  0648-BI97  Proposed Rule Stage.
                                 Determinations and
                                 Assistance Under the
                                 Magnuson Stevens Act and
                                 Interjurisdictional
                                 Fisheries Act.
13............................  NOAA Mitigation Policy...         0648-BJ32  Proposed Rule Stage.
14............................  Taking and Importing              0648-BB38  Final Rule Stage.
                                 Marine Mammals: Taking
                                 Marine Mammals
                                 Incidental to
                                 Geophysical Surveys
                                 Related to Oil and Gas
                                 Activities in the Gulf
                                 of Mexico.
15............................  Magnuson-Stevens                  0648-BH87  Final Rule Stage.
                                 Fisheries Conservation
                                 and Management Act;
                                 Traceability Information
                                 Program for Seafood.
16............................  Trademark Fee Adjustment.         0651-AD42  Proposed Rule Stage.
17............................  Setting and Adjusting             0651-AD31  Final Rule Stage.
                                 Patent Fees During
                                 Fiscal Year 2020.
----------------------------------------------------------------------------------------------------------------


                                              Department of Defense
----------------------------------------------------------------------------------------------------------------
                                                              Regulation
         Sequence No.                     Title             Identifier No.             Rulemaking stage
----------------------------------------------------------------------------------------------------------------
18............................  Family Advocacy Program..         0790-AI49  Proposed Rule Stage.
19............................  Limitations on Terms of           0790-AK79  Proposed Rule Stage.
                                 Consumer Credit Extended
                                 to Service Members and
                                 Dependents, Amendment.
20............................  Department of Defense             0790-AK86  Final Rule Stage.
                                 (DoD)-Defense Industrial
                                 Base (DIB) Cybersecurity
                                 (CS) Activities.
21............................  Contractor Purchasing             0750-AJ48  Final Rule Stage.
                                 System Review Threshold
                                 (DFARS Case 2017-D038).
22............................  Covered                           0750-AJ84  Final Rule Stage.
                                 Telecommunications
                                 Equipment or Services
                                 (DFARS Case 2018-D022).
23............................  Prompt Payments of Small          0750-AK25  Final Rule Stage.
                                 Business Subcontractors
                                 (DFARS Case 2018-D068).
24............................  Performance-Based                 0750-AK37  Final Rule Stage.
                                 Payments (DFARS Case
                                 2019-D002).
25............................  Nonmanufacturer Rule for          0750-AK39  Final Rule Stage.
                                 8(a) Participants (DFARS
                                 Case 2019-D004).
26............................  Revised Eligibility               0702-AB08  Proposed Rule Stage.
                                 Criteria at Arlington
                                 National Cemetery.
27............................  Natural Disaster                  0710-AA78  Proposed Rule Stage.
                                 Procedures:
                                 Preparedness, Response,
                                 and Recovery Activities
                                 of the Corps of
                                 Engineers.
28............................  Compensatory Mitigation           0710-AA83  Proposed Rule Stage.
                                 for Losses of Aquatic
                                 Resources--Review and
                                 Approval of Mitigation
                                 Banks and In-Lieu Fee
                                 Programs.
29............................  Reissuance and                    0710-AA84  Proposed Rule Stage.
                                 Modification of
                                 Nationwide Permits.
30............................  Policy for Domestic,              0710-AA72  Final Rule Stage.
                                 Municipal, and
                                 Industrial Water Supply
                                 Uses of Reservoir
                                 Projects Operated by the
                                 Department of the Army,
                                 U.S. Army Corps of
                                 Engineers.
31............................  Revised Definition of             0710-AA80  Final Rule Stage.
                                 ``Waters of the United
                                 States''.
----------------------------------------------------------------------------------------------------------------


                                             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