[Federal Register Volume 88, Number 35 (Wednesday, February 22, 2023)]
[Proposed Rules]
[Pages 10966-11191]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-02113]



[[Page 10965]]

Vol. 88

Wednesday,

No. 35

February 22, 2023

Part II





Regulatory Information Service Center





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Introduction to the Unified Agenda of Federal Regulatory and 
Deregulatory Actions--Fall 2022

  Federal Register / Vol. 88, No. 35 / Wednesday, February 22, 2023 / 
UA: Reg Flex Agenda  

[[Page 10966]]


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REGULATORY INFORMATION SERVICE CENTER


Introduction to the Unified Agenda of Federal Regulatory and 
Deregulatory Actions--Fall 2022

AGENCY: Regulatory Information Service Center.

ACTION: Introduction to the Regulatory Plan and the Unified Agenda of 
Federal Regulatory and Deregulatory Actions.

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SUMMARY: Publication of the Fall 2022 Unified Agenda of Federal 
Regulatory and Deregulatory Actions represents a key component of the 
regulatory planning mechanism prescribed in Executive Order (``E.O.'') 
12866, ``Regulatory Planning and Review,'' (58 FR 51735) and reaffirmed 
in E.O. 13563, ``Improving Regulation and Regulatory Review,'' (76 FR 
3821). The Regulatory Flexibility Act requires that agencies publish 
semiannual regulatory agendas in the Federal Register describing 
regulatory actions they are developing that may have a significant 
economic impact on a substantial number of 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 
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 2022 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 2022 Unified Agenda contains the Regulatory Plans 
of 29 Federal agencies and 67 Federal agency regulatory agendas.

ADDRESSES: Regulatory Information Service Center (MV), General Services 
Administration, 1800 F Street NW, 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: Boris Arratia, Director, Regulatory 
Information Service Center (MV), General Services Administration, 1800 
F Street NW, Washington, DC 20405, 703-795-0816. 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 2022 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

Corporation for National and Community Service
Environmental Protection Agency
General Services Administration
National Aeronautics and Space Administration
National Archives and Records Administration
National Science Foundation
Office of Personnel Management
Pension Benefit Guaranty Corporation
Small Business Administration
Social Security Administration
Department of Defense/General Services Administration/National 
Aeronautics and Space Administration (Federal Acquisition Regulation)

Independent Regulatory Agencies

Consumer Product Safety Commission
Federal Trade Commission
National Indian Gaming Commission
Nuclear Regulatory Commission

Regulatory Flexibility Agendas

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 the Interior
Department of Justice
Department of Labor
Department of Transportation
Department of the Treasury

Other Executive Agencies

Environmental Protection Agency
General Services Administration
Office of Personnel Management
Small Business Administration

Joint Authority

Department of Defense/General Services Administration/National 
Aeronautics and Space Administration (Federal Acquisition Regulation)

Independent Regulatory Agencies

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

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; and (2) a description of the most important 
significant regulatory and deregulatory actions that the agency 
reasonably

[[Page 10967]]

expects to issue in proposed or final form during the upcoming fiscal 
year. This edition includes the regulatory plans of 29 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 www.reginfo.gov. The online Unified Agenda offers 
flexible search tools and access to the historic Unified Agenda 
database to1995. 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 2022 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://reginfo.gov.
    The regulatory agendas for agencies not publishing Regulatory 
flexibility agendas are available to the public at http://reginfo.gov.

Cabinet Departments

Department of Housing and Urban Development*
Department of State
Department of Veterans Affairs*

Other Executive Agencies

Agency for International Development
Architectural and Transportation Barriers Compliance Board
Committee for Purchase From People Who Are Blind or Severely Disabled
Commission on Civil Rights
Corporation for National and Community Service*
Council on Environmental Quality
Court Services and Offender Supervision Agency for the District of 
Columbia
Federal Mediation Conciliation Service
Institute of Museum and Library Services
Inter-American Foundation
National Aeronautics and Space Administration*
National Archives and Records Administration*
National Endowment for the Arts
National Endowment for the Humanities
National Mediation Board
National Science Foundation*
Office of Government Ethics
Office of the Intellectual Property Enforcement Coordinator
Office of Management and Budget
Office of National Drug Control Policy
Peace Corps
Pension Benefit Guaranty Corporation*
Railroad Retirement Board*
Social Security Administration*
U.S. Agency for Global Media
U.S. Commission on Civil Rights

Independent Agencies

Commodity Futures Trading Commission
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 Permitting Improvement Steering Council
Federal Trade Commission*
National Credit Union Administration
National Indian Gaming Commission*
National Transportation Safety Board
Postal Regulatory Commission

    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 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 13563

    Executive Order 13563, ``Improving Regulation and Regulatory 
Review,'' January 18, 2011 (76 FR 3821) supplements and reaffirms the 
principles, structures, and definitions

[[Page 10968]]

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 ``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

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agenda. This section also includes items the agency began and completed 
between issues of the Agenda.
    6. 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 www.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 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.

[[Page 10970]]

    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.
    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, 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 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.
    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.
    Legal Authority--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.
    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

[[Page 10971]]

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 Publishing 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 www.reginfo.gov, along with flexible 
search tools.
    The Government Publishing Office's GPO GovInfo website contains 
copies of the Agendas and Regulatory Plans that have been printed in 
the Federal Register. These documents are available at www.govinfo.gov.

    Dated: December 20, 2022.
Boris Arratia,
Director.

Introduction to the Fall 2022 Regulatory Plan

    Executive Order 12866, issued in 1993, requires the annual 
production of a Unified Regulatory Agenda and Regulatory Plan. It does 
so in order to promote transparency--or in the words of the Executive 
Order itself, ``to have an effective regulatory program, to provide for 
coordination of regulations, to maximize consultation and the 
resolution of potential conflicts at an early stage, to involve the 
public and its State, local, and tribal officials in regulatory 
planning, and to ensure that new or revised regulations promote the 
President's priorities and the principles set forth in this Executive 
order.'' The requirements of Executive Order 12866 were reaffirmed in 
Executive Order 13563, issued in 2011.
    We are now providing the Fall 2022 Regulatory Plan. The regulatory 
plans and agendas submitted by agencies and included here offer a 
window into how the Administration plans to continue delivering on the 
President's agenda to advance economic prosperity and equity, tackle 
the climate crisis, advance public health, and much more to improve the 
lives of the American people. Agencies will also be continuing their 
work to implement landmark new legislation passed in 2022, including 
the implementation of the PACT Act, (Pub. L. 117-168); the Inflation 
Reduction Act, (Pub. L. 117-169); and the CHIPS and Science Act, (Pub. 
L. 117-167); as well as ongoing efforts to implement the Infrastructure 
Investment and Jobs Act (Bipartisan Infrastructure Law), Pub. L. 117-
58.

                                            Department of Agriculture
----------------------------------------------------------------------------------------------------------------
                                                              Regulation
         Sequence No.                     Title             Identifier No.             Rulemaking stage
----------------------------------------------------------------------------------------------------------------
1.............................  Unfair Practices, Undue           0581-AE04  Proposed Rule.
                                 Preferences, and Harm to
                                 Competition Under the
                                 Packers and Stockyards
                                 Act (AMS-FTPP-21-0046).
2.............................  Inclusive Competition and         0581-AE05  Proposed Rule.
                                 Market Integrity Under
                                 the Packers and
                                 Stockyards Act (AMS-FTPP-
                                 21-0045).
3.............................  Poultry Growing                   0581-AE18  Proposed Rule.
                                 Tournament Systems:
                                 Fairness and Related
                                 Concerns--Harm to
                                 Competition (AMS-FTPP-22-
                                 0046).
4.............................  Transparency in Poultry           0581-AE03  Final Rule.
                                 Grower Contracting and
                                 Tournaments (AMS-FTPP-21-
                                 0044).
5.............................  Organic Livestock and             0581-AE06  Final Rule.
                                 Poultry Standards (AMS-
                                 NOP-21-0073).
6.............................  Special Supplemental              0584-AE82  Proposed Rule.
                                 Nutrition Program for
                                 Women, Infants and
                                 Children (WIC):
                                 Revisions in the WIC
                                 Food Packages.
7.............................  Child Nutrition Programs:         0584-AE88  Proposed Rule.
                                 Revisions to Meal
                                 Patterns Consistent With
                                 the 2020 Dietary
                                 Guidelines for Americans.
8.............................  Community Eligibility             0584-AE93  Proposed Rule.
                                 Provision: Increasing
                                 Options for Schools.
9.............................  Special Supplemental              0584-AE94  Final Rule.
                                 Nutrition Program for
                                 Women, Infants, and
                                 Children (WIC):
                                 Implementation of the
                                 Access to Baby Formula
                                 Act of 2022 and Related
                                 Provisions.
10............................  Voluntary Labeling of             0583-AD87  Proposed Rule.
                                 Products With ``Product
                                 of USA'' and Similar
                                 Statements.
11............................  Labeling of Meat and              0583-AD89  Proposed Rule.
                                 Poultry Products Made
                                 Using Animal Cell
                                 Culture Technology.
12............................  Revision of the Nutrition         0583-AD56  Final Rule.
                                 Facts Panels for Meat
                                 and Poultry Products and
                                 Updating Certain
                                 Reference Amounts
                                 Customarily Consumed.
13............................  Prior Label Approval              0583-AD78  Final Rule.
                                 System: Expansion of
                                 Generic Label Approval.
----------------------------------------------------------------------------------------------------------------


                                             Department of Commerce
----------------------------------------------------------------------------------------------------------------
                                                              Regulation
         Sequence No.                     Title             Identifier No.             Rulemaking stage
----------------------------------------------------------------------------------------------------------------
14............................  Section 1758                      0694-AH80  Proposed Rule.
                                 Technologies: Proposed
                                 Controls; Request for
                                 Comments.

[[Page 10972]]

 
15............................  The Imposition of                 0694-AI84  Proposed Rule.
                                 Emerging Technology
                                 Export Controls on
                                 Instruments for the
                                 Automated Chemical
                                 Synthesis of Peptides.
16............................  Updates to Bayh-Dole              0693-AB66  Final Rule.
                                 Implementing Regulations.
17............................  Illegal, Unreported, and          0648-BG11  Final Rule.
                                 Unregulated Fishing;
                                 Fisheries Enforcement;
                                 High Seas Driftnet
                                 Fishing Moratorium
                                 Protection Act (Reg Plan
                                 Seq No. 17).
18............................  Amendments to the North           0648-BI88  Final Rule.
                                 Atlantic Right Whale
                                 Vessel Strike Reduction
                                 Rule.
19............................  Setting and Adjusting             0651-AD65  Proposed Rule.
                                 Trademark Fees.
----------------------------------------------------------------------------------------------------------------


                                              Department of Defense
----------------------------------------------------------------------------------------------------------------
                                                              Regulation
         Sequence No.                     Title             Identifier No.             Rulemaking stage
----------------------------------------------------------------------------------------------------------------
20............................  Department of Defense             0790-AK86  Proposed Rule.
                                 (DoD)-Defense Industrial
                                 Base (DIB) Cybersecurity
                                 (CS) Activities.
21............................  Cybersecurity Maturity            0790-AL49  Proposed Rule.
                                 Model Certification
                                 (CMMC) Program.
22............................  Nondiscrimination on the          0790-AJ04  Final Rule.
                                 Basis of Disability in
                                 Programs or Activities
                                 Assisted or Conducted by
                                 the DoD and in Equal
                                 Access to Information
                                 and Communication
                                 Technology Used by DoD.
23............................  Definitions of Gold Star          0790-AL56  Final Rule.
                                 Family and Gold Star
                                 Survivor.
24............................  Assessing Contractor              0750-AK81  Proposed Rule.
                                 Implementation of
                                 Cybersecurity
                                 Requirements (DFARS Case
                                 2019-D041).
25............................  Small Business Innovation         0750-AK84  Proposed Rule.
                                 Research Program Data
                                 Rights (DFARS Case 2019-
                                 D043).
26............................  Defense Commercial                0750-AL57  Proposed Rule.
                                 Solutions Opening (DFARS
                                 Case 2022-D006).
27............................  Modification of Prize             0750-AL65  Proposed Rule.
                                 Authority For Advanced
                                 Technology Achievements
                                 (DFARS Case 2022-D014).
28............................  DFARS Buy American Act            0750-AL74  Proposed Rule.
                                 Requirements (DFARS Case
                                 2022-D019).
29............................  Past Performance of               0750-AK16  Final Rule.
                                 Subcontractors and Joint
                                 Venture Partners (DFARS
                                 Case 2018-D055).
30............................  Restriction on                    0750-AL60  Final Rule.
                                 Acquisition of Personal
                                 Protective Equipment and
                                 Certain Items From Non-
                                 Allied Foreign Nations
                                 (DFARS Case 2022-D009).
31............................  Natural Disaster                  0710-AA78  Proposed Rule.
                                 Procedures:
                                 Preparedness, Response,
                                 and Recovery Activities
                                 of the Corps of
                                 Engineers.
32............................  Policy and Procedures for         0710-AB22  Proposed Rule.
                                 Processing Requests to
                                 Alter U.S. Army Corps of
                                 Engineers Civil Works
                                 Projects Pursuant to 33
                                 U.S.C. 408.
33............................  Flood Control Cost-               0710-AB34  Proposed Rule.
                                 Sharing Requirements
                                 Under the Ability to Pay
                                 Provision.
34............................  USACE Implementing                0710-AB41  Proposed Rule.
                                 Procedures for
                                 Principles,
                                 Requirements, and
                                 Guidelines Applicable to
                                 Actions Involving
                                 Investment in Water
                                 Resources.
35............................  Appendix C Procedures for         0710-AB46  Proposed Rule.
                                 the Protection of
                                 Historic Properties.
36............................  Revised Definition of             0710-AB47  Proposed Rule.
                                 ``Waters of the United
                                 States''--Rule 2.
37............................  Credit Assistance for             0710-AB31  Final Rule.
                                 Water Resources
                                 Infrastructure Projects.
38............................  Revised Definition of             0710-AB40  Final Rule.
                                 ``Waters of the United
                                 States''--Rule 1.
39............................  TRICARE Reimbursement of          0720-AB73  Final Rule.
                                 Ambulatory Surgery
                                 Centers and Outpatient
                                 Services Provided in
                                 Cancer and Children's
                                 Hospitals.
40............................  TRICARE Coverage of               0720-AB83  Final Rule.
                                 National Institute of
                                 Allergy and Infectious
                                 Disease Coronavirus
                                 Disease 2019 Clinical
                                 Trials.
41............................  Expanding TRICARE Access          0720-AB85  Final Rule.
                                 to Care in Response to
                                 the COVID-19 Pandemic.
42............................  Collection From Third             0720-AB87  Final Rule.
                                 Party Payers of
                                 Reasonable Charges for
                                 Healthcare Services;
                                 Amendment.
----------------------------------------------------------------------------------------------------------------


                                             Department of Education
----------------------------------------------------------------------------------------------------------------
                                                              Regulation
         Sequence No.                     Title             Identifier No.             Rulemaking stage
----------------------------------------------------------------------------------------------------------------
43............................  Nondiscrimination on the          1870-AA19  Proposed Rule.
                                 Basis of Sex in
                                 Athletics Education
                                 Programs or Activities
                                 Receiving Federal
                                 Financial Assistance.
44............................  Nondiscrimination on the          1870-AA16  Final Rule.
                                 Basis of Sex in
                                 Education Programs or
                                 Activities Receiving
                                 Federal Financial
                                 Assistance.
45............................  Gainful Employment.......         1840-AD57  Proposed Rule.
46............................  Improving Income Driven           1840-AD81  Proposed Rule.
                                 Repayment.
----------------------------------------------------------------------------------------------------------------


                                              Department of Energy
----------------------------------------------------------------------------------------------------------------
                                                              Regulation
         Sequence No.                     Title             Identifier No.             Rulemaking stage
----------------------------------------------------------------------------------------------------------------
47............................  Clean Energy Rule for New         1904-AB96  Proposed Rule.
                                 Federal Buildings and
                                 Major Renovations.

[[Page 10973]]

 
48............................  Energy Conservation               1904-AD20  Final Rule.
                                 Standards for
                                 Residential Non-
                                 Weatherized Gas Furnaces
                                 and Mobile Home Gas
                                 Furnaces.
49............................  Loan Guarantees for Clean         1901-AB59  Final Rule.
                                 Energy Projects.
----------------------------------------------------------------------------------------------------------------


                                     Department of Health and Human Services
----------------------------------------------------------------------------------------------------------------
                                                              Regulation
         Sequence No.                     Title             Identifier No.             Rulemaking stage
----------------------------------------------------------------------------------------------------------------
50............................  Amendments to Civil               0936-AA09  Final Rule.
                                 Monetary Penalty Law
                                 Regarding Grants,
                                 Contracts, and
                                 Information Blocking.
51............................  Rulemaking on                     0945-AA15  Proposed Rule.
                                 Discrimination on the
                                 Basis of Disability in
                                 Health and Human
                                 Services Programs or
                                 Activities.
52............................  Nondiscrimination in              0945-AA17  Final Rule.
                                 Health Programs and
                                 Activities.
53............................  ONC Health IT                     0955-AA03  Proposed Rule.
                                 Certification Program
                                 Updates, Health
                                 Information Network
                                 Attestation Process for
                                 the Trusted Exchange
                                 Framework and Common
                                 Agreement, and
                                 Enhancements to Support
                                 Information Sharing.
54............................  Establishment of                  0955-AA05  Proposed Rule.
                                 Disincentives for Health
                                 Care Providers who Have
                                 Committed Information
                                 Blocking.
55............................  Patient Engagement,               0955-AA06  Proposed Rule.
                                 Information Sharing, and
                                 Public Health
                                 Interoperability.
56............................  Medications for the               0930-AA39  Proposed Rule.
                                 Treatment of Opioid Use
                                 Disorder.
57............................  Control of Communicable           0920-AA75  Final Rule.
                                 Diseases; Foreign
                                 Quarantine.
58............................  World Trade Center Health         0920-AA81  Final Rule.
                                 Program; Addition of
                                 Uterine Cancer to the
                                 List of WTC-Related
                                 Health Conditions.
59............................  Biologics Regulation              0910-AI14  Proposed Rule.
                                 Modernization.
60............................  Certifications Concerning         0910-AI66  Proposed Rule.
                                 Imported Foods.
61............................  Use of Salt Substitutes           0910-AI72  Proposed Rule.
                                 to Reduce the Sodium
                                 Content in Standardized
                                 Foods.
62............................  Tobacco Product Standard          0910-AI76  Proposed Rule.
                                 for Nicotine Level of
                                 Certain Tobacco Products.
63............................  Mammography Quality               0910-AH04  Final Rule.
                                 Standards Act.
64............................  Nonprescription Drug              0910-AH62  Final Rule.
                                 Product With an
                                 Additional Condition for
                                 Nonprescription Use.
65............................  Tobacco Product Standard          0910-AI28  Final Rule.
                                 for Characterizing
                                 Flavors in Cigars.
66............................  Standards for the                 0910-AI49  Final Rule.
                                 Growing, Harvesting,
                                 Packing, and Holding of
                                 Produce for Human
                                 Consumption Relating to
                                 Agricultural Water.
67............................  Tobacco Product Standard          0910-AI60  Final Rule.
                                 for Menthol in
                                 Cigarettes.
68............................  Provider                          0938-AU64  Proposed Rule.
                                 Nondiscrimination
                                 Requirements for Group
                                 Health Plans and Health
                                 Insurance Issuers in the
                                 Group and Individual
                                 Markets (CMS-9910).
69............................  Short-Term Limited                0938-AU67  Proposed Rule.
                                 Duration Insurance;
                                 Update (CMS-9904).
70............................  Assuring Access to                0938-AU68  Proposed Rule.
                                 Medicaid Services (CMS-
                                 2442).
71............................  Transitional Coverage for         0938-AU86  Proposed Rule.
                                 Emerging Technologies
                                 (CMS-3421).
72............................  Interoperability and              0938-AU87  Proposed Rule.
                                 Prior Authorization for
                                 MA Organizations,
                                 Medicaid and CHIP
                                 Managed Care and State
                                 Agencies, FFE QHP
                                 Issuers, MIPS Eligible
                                 Clinicians, Eligible
                                 Hospitals and CAHs (CMS-
                                 0057).
73............................  Medicare and Medicaid             0938-AU90  Proposed Rule.
                                 Program Integrity (CMS-
                                 6084).
74............................  Culturally Competent and          0938-AU91  Proposed Rule.
                                 Person-Centered
                                 Requirements to Increase
                                 Access to Care and
                                 Improve Quality for All
                                 (CMS-3418).
75............................  Mental Health Parity and          0938-AU93  Proposed Rule.
                                 Addiction Equity Act and
                                 the Consolidated
                                 Appropriations Act, 2021
                                 (CMS-9902).
76............................  Coverage of Certain               0938-AU94  Proposed Rule.
                                 Preventive Services
                                 Under the Affordable
                                 Care Act (CMS-9903).
77............................  Contract Year 2024                0938-AU96  Proposed Rule.
                                 Changes to the Medicare
                                 Advantage, Medicare
                                 Prescription Drug
                                 Benefit, Medicare Cost
                                 Plan Programs, Medicare
                                 Overpayment Provisions
                                 of the Affordable Care
                                 Act, and PACE (CMS-4201).
78............................  FY 2024 Skilled Nursing           0938-AV02  Proposed Rule.
                                 Facility (SNFs)
                                 Prospective Payment
                                 System and Consolidated
                                 Billing and Updates to
                                 the Value-Based
                                 Purchasing and Quality
                                 Reporting Programs (CMS-
                                 1779).
79............................  Streamlining the Medicaid         0938-AU00  Final Rule.
                                 and CHIP Application,
                                 Eligibility
                                 Determination,
                                 Enrollment, and Renewal
                                 Processes (CMS-2421).
80............................  Foster Care Legal                 0970-AC89  Proposed Rule.
                                 Representation.
81............................  Separate Licensing                0970-AC91  Proposed Rule.
                                 Standards for Relative
                                 or Kinship Foster Family
                                 Homes.
82............................  Unaccompanied Children            0970-AC93  Proposed Rule.
                                 Program Foundational
                                 Rule.
83............................  Federal Licensing of              0970-AC94  Proposed Rule.
                                 Office of Refugee
                                 Resettlement Facilities.
84............................  Strengthening TANF as a           0970-AC97  Proposed Rule.
                                 Safety Net and Work
                                 Program.
85............................  Adoption and Foster Care          0970-AC98  Proposed Rule.
                                 Analysis and Reporting
                                 System (AFCARS).
86............................  Modification of the               0970-AC99  Proposed Rule.
                                 Tribal Non-Federal Share
                                 Requirement.
87............................  ANA Non-Federal Share             0970-AC88  Final Rule.
                                 Emergency Waivers.
88............................  Older Americans Act,              0985-AA17  Proposed Rule.
                                 Titles III, VI, and VII.
89............................  Adult Protective Services         0985-AA18  Proposed Rule.
                                 Functions and Grant
                                 Programs.
----------------------------------------------------------------------------------------------------------------


[[Page 10974]]


                                         Department of Homeland Security
----------------------------------------------------------------------------------------------------------------
                                                              Regulation
         Sequence No.                     Title             Identifier No.             Rulemaking stage
----------------------------------------------------------------------------------------------------------------
90............................  Victims of Qualifying             1615-AA67  Proposed Rule.
                                 Criminal Activities;
                                 Eligibility Requirements
                                 for U Nonimmigrant
                                 Status and Adjustment of
                                 Status.
91............................  Improving the Regulations         1615-AC22  Proposed Rule.
                                 Governing the Adjustment
                                 of Status to Lawful
                                 Permanent Residence and
                                 Related Immigration
                                 Benefits.
92............................  Particular Social Group           1615-AC65  Proposed Rule.
                                 and Related Definitions
                                 and Interpretations for
                                 Asylum and Withholding
                                 of Removal.
93............................  U.S. Citizenship and              1615-AC68  Proposed Rule.
                                 Immigration Services Fee
                                 Schedule and Changes to
                                 Certain Other
                                 Immigration Benefit
                                 Request Requirements.
94............................  Bars to Asylum                    1615-AC69  Proposed Rule.
                                 Eligibility and Related
                                 Procedures.
95............................  Modernization and Reform          1615-AC76  Proposed Rule.
                                 of the H-2 Programs.
96............................  Citizenship and                   1615-AC80  Proposed Rule.
                                 Naturalization and Other
                                 Related Flexibilities.
97............................  Relief Under the Violence         1615-AC81  Proposed Rule.
                                 Against Women Act of
                                 1994 and Subsequent
                                 Legislation.
98............................  Security Bars and                 1615-AC57  Final Rule.
                                 Processing.
99............................  Cybersecurity in the              1625-AC77  Proposed Rule.
                                 Marine Transportation
                                 System.
100...........................  MARPOL Annex VI;                  1625-AC78  Proposed Rule.
                                 Prevention of Air
                                 Pollution From Ships.
101...........................  Advance Passenger                 1651-AB43  Proposed Rule.
                                 Information System:
                                 Electronic Validation of
                                 Travel Documents.
102...........................  Enhancing Surface Cyber           1652-AA74  Prerule.
                                 Risk Management.
103...........................  Vetting of Certain                1652-AA69  Proposed Rule.
                                 Surface Transportation
                                 Employees.
104...........................  Amending Vetting                  1652-AA70  Proposed Rule.
                                 Requirements for
                                 Employees With Access to
                                 a Security
                                 Identification Display
                                 Area (SIDA).
105...........................  Flight Training Security          1652-AA35  Final Rule.
                                 Program.
106...........................  Immigration Bond                  1653-AA85  Final Rule.
                                 Notifications and
                                 Electronic Service.
107...........................  Optional Alternative to           1653-AA86  Final Rule.
                                 the Physical Examination
                                 Associated With
                                 Employment Eligibility
                                 Verification (Form I-9).
108...........................  National Flood Insurance          1660-AB06  Proposed Rule.
                                 Program: Standard Flood
                                 Insurance Policy,
                                 Homeowner Flood Form.
109...........................  Individual Assistance             1660-AB07  Proposed Rule.
                                 Program Equity.
110...........................  Update of FEMA's Public           1660-AB09  Proposed Rule.
                                 Assistance Regulations.
111...........................  Updates to Floodplain             1660-AB12  Proposed Rule.
                                 Management and
                                 Protection of Wetlands
                                 Regulations.
112...........................  National Flood Insurance          1660-AB11  Long-Term Action.
                                 Program's Floodplain
                                 Management Standards for
                                 Land Management & Use, &
                                 an Assessment of the
                                 Program's Impact on
                                 Threatened and
                                 Endangered Species &
                                 Their Habitats.
113...........................  Ammonium Nitrate Security         1670-AA00  Proposed Rule.
                                 Program.
114...........................  Chemical Facility Anti-           1670-AA01  Proposed Rule.
                                 Terrorism Standards
                                 (CFATS).
----------------------------------------------------------------------------------------------------------------


                                   Department of Housing and Urban Development
----------------------------------------------------------------------------------------------------------------
                                                              Regulation
         Sequence No.                     Title             Identifier No.             Rulemaking stage
----------------------------------------------------------------------------------------------------------------
115...........................  24 CFR 5, 92, 93, 200,            2501-AE05  Proposed Rule.
                                 247, 574, 576 578
                                 Violence Against Women
                                 Act Reauthorization Act
                                 of 2022: Compliance in
                                 HUD Housing Programs (FR-
                                 6319).
116...........................  24 CFR 50 Floodplain              2506-AC54  Proposed Rule.
                                 Management and
                                 Protection of Wetlands
                                 (FR-6272).
----------------------------------------------------------------------------------------------------------------


                                             Department of Interior
----------------------------------------------------------------------------------------------------------------
                                                              Regulation
         Sequence No.                     Title             Identifier No.             Rulemaking stage
----------------------------------------------------------------------------------------------------------------
117...........................  Onshore Oil and Gas               1004-AE91  Final Rule.
                                 Operations--Annual Civil
                                 Penalties Inflation
                                 Adjustments.
----------------------------------------------------------------------------------------------------------------


                                              Department of Justice
----------------------------------------------------------------------------------------------------------------
                                                              Regulation
         Sequence No.                     Title             Identifier No.             Rulemaking stage
----------------------------------------------------------------------------------------------------------------
118...........................  Home Confinement Under            1120-AB79  Final Rule.
                                 the Coronavirus Aid,
                                 Relief, and Economic
                                 Security (CARES) Act.
119...........................  Implementation of the ADA         1190-AA73  Proposed Rule.
                                 Amendments Act of 2008:
                                 Federally Conducted
                                 (Section 504 of the
                                 Rehabilitation Act of
                                 1973).
120...........................  Nondiscrimination on the          1190-AA78  Proposed Rule.
                                 Basis of Disability by
                                 State and Local
                                 Governments: Medical
                                 Diagnostic Equipment.
121...........................  Nondiscrimination on the          1190-AA79  Proposed Rule.
                                 Basis of Disability:
                                 Accessibility of Web
                                 Information and Services
                                 of State and Local
                                 Governments.
122...........................  Nondiscrimination on the          1190-AA77  Long-Term Action.
                                 Basis of Disability by
                                 State and Local
                                 Governments; Public
                                 Right-of-Way.
123...........................  Medications to Prevent            1117-AB73  Proposed Rule.
                                 Narcotic Opioid
                                 Withdrawal Symptoms.

[[Page 10975]]

 
124...........................  Expansion of Induction of         1117-AB78  Proposed Rule.
                                 Buprenorphine via
                                 Telemedicine Encounter.
125...........................  Bars to Asylum                    1125-AB12  Proposed Rule.
                                 Eligibility and Related
                                 Procedures.
126...........................  Particular Social Group           1125-AB13  Proposed Rule.
                                 and Related Definitions
                                 and Interpretations for
                                 Asylum and Withholding
                                 of Removal.
127...........................  Procedures for Asylum and         1125-AB15  Proposed Rule.
                                 Withholding of Removal.
128...........................  Appellate Procedures and          1125-AB18  Proposed Rule.
                                 Decisional Finality in
                                 Immigration Proceedings;
                                 Administrative Closure.
129...........................  Procedures for Credible           1125-AB20  Final Rule.
                                 Fear Screening and
                                 Consideration of Asylum,
                                 Withholding of Removal
                                 and CAT Protection
                                 Claims by Asylum
                                 Officers.
----------------------------------------------------------------------------------------------------------------


----------------------------------------------------------------------------------------------------------------
                                                              Regulation
         Sequence No.                     Title             Identifier No.             Rulemaking stage
----------------------------------------------------------------------------------------------------------------
130...........................  Final Action on Proposal          1250-AA09  Final Rule.
                                 to Rescind Implementing
                                 Legal Requirements
                                 Regarding the Equal
                                 Opportunity Clause's
                                 Religious Exemption.
131...........................  Pre-enforcement Notice            1250-AA14  Final Rule.
                                 and Conciliation
                                 Procedures.
132...........................  Form LM-10 Employer               1245-AA13  Final Rule.
                                 Report.
133...........................  Defining and Delimiting           1235-AA39  Proposed Rule.
                                 the Exemptions for
                                 Executive,
                                 Administrative,
                                 Professional, Outside
                                 Sales and Computer
                                 Employees.
134...........................  Nondisplacement of                1235-AA42  Proposed Rule.
                                 Qualified Workers Under
                                 Service Contracts.
135...........................  Updating the Davis-Bacon          1235-AA40  Final Rule.
                                 and Related Acts
                                 Regulations.
136...........................  Wagner-Peyser Act                 1205-AC02  Final Rule.
                                 Staffing.
137...........................  Definition of the Term            1210-AC02  Proposed Rule.
                                 ``Fiduciary''.
138...........................  Mental Health Parity and          1210-AC11  Proposed Rule.
                                 Addiction Equity Act and
                                 the Consolidated
                                 Appropriations Act, 2021.
139...........................  Respirable Crystalline            1219-AB36  Proposed Rule.
                                 Silica.
140...........................  Safety Program for                1219-AB91  Final Rule.
                                 Surface Mobile Equipment.
141...........................  Prevention of Workplace           1218-AD08  Prerule.
                                 Violence in Health Care
                                 and Social Assistance.
142...........................  Heat Illness Prevention           1218-AD39  Prerule.
                                 in Outdoor and Indoor
                                 Work Settings.
143...........................  Infectious Diseases......         1218-AC46  Proposed Rule.
144...........................  Occupational Exposure to          1218-AD36  Final Rule.
                                 COVID-19 in Healthcare
                                 Settings.
----------------------------------------------------------------------------------------------------------------


                                          Department of Transportation
----------------------------------------------------------------------------------------------------------------
                                                              Regulation
         Sequence No.                     Title             Identifier No.             Rulemaking stage
----------------------------------------------------------------------------------------------------------------
145...........................  +Enhancing Transparency           2105-AF10  Proposed Rule.
                                 of Airline Ancillary
                                 Service Fees.
146...........................  +Accessible Lavatories on         2105-AE89  Final Rule.
                                 Single-Aisle Aircraft:
                                 Part II.
147...........................  +Safety Management System         2120-AL60  Proposed Rule.
                                 for Parts 21, 91, 135
                                 and 145.
148...........................  +National Electric                2125-AG10  Final Rule.
                                 Vehicle Infrastructure
                                 Formula Program.
149...........................  +Heavy Vehicle Automatic          2127-AM36  Proposed Rule.
                                 Emergency Braking.
150...........................  +Light Vehicle Automatic          2127-AM37  Proposed Rule.
                                 Emergency Braking (AEB)
                                 with Pedestrian AEB.
151...........................  +Fuel Efficiency and              2127-AM39  Proposed Rule.
                                 Greenhouse Gas Standards
                                 for Medium- and Heavy-
                                 Duty Engines and
                                 Vehicles.
152...........................  +Light Vehicle CAFE               2127-AM55  Proposed Rule.
                                 Standards Beyond MY 2026.
153...........................  +Train Crew Staffing.....         2130-AC88  Proposed Rule.
154...........................  +Pipeline Safety: Class           2137-AF29  Final Rule.
                                 Location Requirements.
----------------------------------------------------------------------------------------------------------------


                                         Department of Veterans Affairs
----------------------------------------------------------------------------------------------------------------
                                                              Regulation
         Sequence No.                     Title             Identifier No.             Rulemaking stage
----------------------------------------------------------------------------------------------------------------
155...........................  Updating VA Adjudication          2900-AR10  Proposed Rule.
                                 Regulations for
                                 Disability or Death
                                 Benefit Claims Related
                                 to Herbicide Exposure.
156...........................  Pilot Veterans Services           2900-AR60  Proposed Rule.
                                 Organization
                                 Complementary and
                                 Integrative Health Self-
                                 Care Well-Being Center
                                 Grant Program.
157...........................  Expanded Burial Benefits.         2900-AR69  Proposed Rule.
158...........................  Updating VA Adjudication          2900-AR75  Proposed Rule.
                                 Regulations for
                                 Disability or Death
                                 Benefits Based on Toxic
                                 Exposure.
159...........................  Reevaluation of Claims            2900-AR76  Proposed Rule.
                                 for Dependency and
                                 Indemnity Compensation
                                 Based on Public Law 117-
                                 168.
160...........................  Authorization of                  2900-AR77  Proposed Rule.
                                 Electronic Notice in
                                 Claims Under Laws
                                 Administered by the
                                 Secretary of Veterans
                                 Affairs.
161...........................  Modifying Copayments for          2900-AQ30  Final Rule.
                                 Veterans at High Risk
                                 for Suicide.
162...........................  Home Visits in Program of         2900-AQ96  Final Rule.
                                 Comprehensive Assistance
                                 for Family Caregivers
                                 During COVID-19 National
                                 Emergency.
163...........................  Staff Sergeant Parker             2900-AR16  Final Rule.
                                 Gordon Fox Suicide
                                 Prevention Grant Program.

[[Page 10976]]

 
164...........................  Copayment Exemption for           2900-AR48  Final Rule.
                                 Indian Veterans.
165...........................  Technical Revisions to            2900-AR73  Final Rule.
                                 Expand Health Care for
                                 Certain Toxic Exposure
                                 and Overseas Contingency
                                 Service.
166...........................  Procedural Updates for            2900-AR74  Final Rule.
                                 the PACT Act.
----------------------------------------------------------------------------------------------------------------


                                         Environmental Protection Agency
----------------------------------------------------------------------------------------------------------------
                                                              Regulation
         Sequence No.                     Title             Identifier No.             Rulemaking stage
----------------------------------------------------------------------------------------------------------------
167...........................  Phasedown of                      2060-AV84  Prerule.
                                 Hydrofluorocarbons:
                                 Management of Certain
                                 Hydrofluorocarbons and
                                 Substitutes Under
                                 Subsection (h) of the
                                 American Innovation and
                                 Manufacturing Act of
                                 2020.
168...........................  PFAS-Related Designations         2050-AH25  Prerule.
                                 as CERCLA Hazardous
                                 Substances.
169...........................  National Emission                 2060-AU37  Proposed Rule.
                                 Standards for Hazardous
                                 Air Pollutants: Ethylene
                                 Oxide Commercial
                                 Sterilization and
                                 Fumigation Operations.
170...........................  Amendments to the NSPS            2060-AV09  Proposed Rule.
                                 for GHG Emissions From
                                 New, Modified, &
                                 Reconstructed Stationary
                                 Sources: EGUs.
171...........................  Emission Guidelines for           2060-AV10  Proposed Rule.
                                 Greenhouse Gas Emissions
                                 From Fossil Fuel-Fired
                                 Existing Electric
                                 Generating Units.
172...........................  Volume Requirements for           2060-AV14  Proposed Rule.
                                 2023 and Beyond Under
                                 the Renewable Fuel
                                 Standard Program.
173...........................  New Source Performance            2060-AV16  Proposed Rule.
                                 Standards and Emission
                                 Guidelines for Crude Oil
                                 and Natural Gas
                                 Facilities: Climate
                                 Review.
174...........................  Review of Final Rule              2060-AV20  Proposed Rule.
                                 Reclassification of
                                 Major Sources as Area
                                 Sources Under Section
                                 112 of the Clean Air Act.
175...........................  Revisions to the Air              2060-AV41  Proposed Rule.
                                 Emission Reporting
                                 Requirements (AERR).
176...........................  Phasedown of                      2060-AV45  Proposed Rule.
                                 Hydrofluorocarbons:
                                 Allowance Allocation
                                 Methodology for 2024 and
                                 Later Years.
177...........................  Restrictions on Certain           2060-AV46  Proposed Rule.
                                 Uses of
                                 Hydrofluorocarbons Under
                                 Subsection (i) of the
                                 American Innovation and
                                 Manufacturing Act.
178...........................  Implementing Regulations          2060-AV48  Proposed Rule.
                                 Under 40 CFR Part 60
                                 Subpart Ba Adoption and
                                 Submittal of State Plans
                                 for Designated
                                 Facilities.
179...........................  Multi-Pollutant Emissions         2060-AV49  Proposed Rule.
                                 Standards for Model
                                 Years 2027 and Later
                                 Light-Duty and Medium-
                                 Duty Vehicles.
180...........................  Reconsideration of the            2060-AV52  Proposed Rule.
                                 National Ambient Air
                                 Quality Standards for
                                 Particulate Matter.
181...........................  NESHAP: Coal-and Oil-             2060-AV53  Proposed Rule.
                                 Fired Electric Utility
                                 Steam Generating Units-
                                 Review of the Residual
                                 Risk and Technology
                                 Review.
182...........................  Methane Emissions and             2060-AV83  Proposed Rule.
                                 Waste Reduction
                                 Incentive Program and
                                 Revisions to the
                                 Mandatory Greenhouse Gas
                                 Reporting Rule for
                                 Petroleum and Natural
                                 Gas Systems.
183...........................  Fees for the                      2070-AK64  Proposed Rule.
                                 Administration of the
                                 Toxic Substances Control
                                 Act (TSCA).
184...........................  Methylene Chloride;               2070-AK70  Proposed Rule.
                                 Rulemaking Under Section
                                 6(a) of the Toxic
                                 Substances Control Act
                                 (TSCA).
185...........................  1-Bromopropane;                   2070-AK73  Proposed Rule.
                                 Rulemaking Under Section
                                 6(a) of the Toxic
                                 Substances Control Act
                                 (TSCA).
186...........................  Carbon Tetrachloride;             2070-AK82  Proposed Rule.
                                 Rulemaking Under Section
                                 6(a) of the Toxic
                                 Substances Control Act
                                 (TSCA).
187...........................  Trichloroethylene;                2070-AK83  Proposed Rule.
                                 Rulemaking Under Section
                                 6(a) of the Toxic
                                 Substances Control Act
                                 (TSCA).
188...........................  Perchloroethylene;                2070-AK84  Proposed Rule.
                                 Rulemaking Under Section
                                 6(a) of the Toxic
                                 Substances Control Act
                                 (TSCA).
189...........................  N-Methylpyrrolidone;              2070-AK85  Proposed Rule.
                                 Rulemaking Under Section
                                 6(a) of the Toxic
                                 Substances Control Act
                                 (TSCA).
190...........................  Procedures for Chemical           2070-AK90  Proposed Rule.
                                 Risk Evaluation Under
                                 the Toxic Substances
                                 Control Act (TSCA).
191...........................  Reconsideration of the            2070-AK91  Proposed Rule.
                                 Dust-Lead Hazard
                                 Standards and Dust-Lead
                                 Post Abatement Clearance
                                 Levels.
192...........................  Hazardous and Solid Waste         2050-AH14  Proposed Rule.
                                 Management System:
                                 Disposal of Coal
                                 Combustion Residuals
                                 From Electric Utilities;
                                 Legacy Surface
                                 Impoundments.
193...........................  Revisions to Standards            2050-AH24  Proposed Rule.
                                 for the Open Burning/
                                 Open Detonation of Waste
                                 Explosives.
194...........................  Listing of PFOA, PFOS,            2050-AH26  Proposed Rule.
                                 PFBS, and GenX as
                                 Resource Conservation
                                 and Recovery Act (RCRA)
                                 Hazardous Constituents.
195...........................  Definition of Hazardous           2050-AH27  Proposed Rule.
                                 Waste Applicable to
                                 Corrective Action for
                                 Solid Waste Management
                                 Units.
196...........................  Reporting Requirements            2050-AH28  Proposed Rule.
                                 for Emissions From
                                 Animal Waste Under the
                                 Emergency Planning and
                                 Community Right-to-Know
                                 Act.
197...........................  Federal Baseline Water            2040-AF62  Proposed Rule.
                                 Quality Standards for
                                 Indian Reservations.

[[Page 10977]]

 
198...........................  Revised Definition of             2040-AG13  Proposed Rule.
                                 ``Waters of the United
                                 States''.
199...........................  National Primary Drinking         2040-AG16  Proposed Rule.
                                 Water Regulations for
                                 Lead and Copper:
                                 Improvements (LCRI) (.
200...........................  Water Quality Standards           2040-AG17  Proposed Rule.
                                 Regulatory Revisions to
                                 Protect Tribal Reserved
                                 Rights.
201...........................  Per- and Polyfluoroalkyl          2040-AG18  Proposed Rule.
                                 Substances (PFAS)
                                 National Primary
                                 Drinking Water
                                 Regulation Rulemaking.
202...........................  Effluent Limitations              2040-AG23  Proposed Rule.
                                 Guidelines and Standards
                                 for the Steam Electric
                                 Power Generating Point
                                 Source Category.
203...........................  Control of Air Pollution          2060-AU41  Final Rule.
                                 From New Motor Vehicles:
                                 Heavy-Duty Engine and
                                 Vehicle Standards.
204...........................  NESHAP: Coal- and Oil-            2060-AV12  Final Rule.
                                 Fired Electric Utility
                                 Steam Generating Units-
                                 Revocation of the 2020
                                 Reconsideration, and
                                 Affirmation of the
                                 Appropriate and
                                 Necessary Supplemental
                                 Finding.
205...........................  Pesticides; Exemptions of         2070-AK54  Final Rule.
                                 Certain Plant-
                                 Incorporated Protectants
                                 (PIPs) Derived From
                                 Newer Technologies.
206...........................  Asbestos Part 1:                  2070-AK86  Final Rule.
                                 Chrysotile Asbestos;
                                 Regulation of Certain
                                 Conditions of Use Under
                                 Section 6(a) of the
                                 Toxic Substances Control
                                 Act (TSCA).
207...........................  Hazardous and Solid Waste         2050-AH07  Final Rule.
                                 Management System:
                                 Disposal of Coal
                                 Combustion Residuals
                                 From Electric Utilities;
                                 Federal CCR Permit
                                 Program.
208...........................  Hazardous and Solid Waste         2050-AH18  Final Rule.
                                 Management System:
                                 Disposal of CCR; A
                                 Holistic Approach to
                                 Closure Part B:
                                 Implementation of
                                 Closure.
209...........................  Accidental Release                2050-AH22  Final Rule.
                                 Prevention Requirements:
                                 Risk Management Program
                                 Under the Clean Air Act;
                                 Safer Communities by
                                 Chemical Accident
                                 Prevention.
210...........................  Clean Water Act Section           2040-AG12  Final Rule.
                                 401: Water Quality
                                 Certification.
211...........................  Revised Definition of             2040-AG19  Final Rule.
                                 ``Waters of the United
                                 States''.
----------------------------------------------------------------------------------------------------------------


                                         Office of Personnel Management
----------------------------------------------------------------------------------------------------------------
                                                              Regulation
         Sequence No.                     Title             Identifier No.             Rulemaking stage
----------------------------------------------------------------------------------------------------------------
212...........................  Postal Service Health             3206-AO43  Final Rule.
                                 Benefits Program.
----------------------------------------------------------------------------------------------------------------


                                      Pension Benefit Guaranty Corporation
----------------------------------------------------------------------------------------------------------------
                                                              Regulation
         Sequence No.                     Title             Identifier No.             Rulemaking stage
----------------------------------------------------------------------------------------------------------------
213...........................  Actuarial Assumptions for         1212-AB54  Proposed Rule.
                                 Determining an
                                 Employer's Withdrawal
                                 Liability.
214...........................  Special Financial                 1212-AB53  Final Rule.
                                 Assistance by PBGC.
----------------------------------------------------------------------------------------------------------------


                                         Social Security Administration
----------------------------------------------------------------------------------------------------------------
                                                              Regulation
         Sequence No.                     Title             Identifier No.             Rulemaking stage
----------------------------------------------------------------------------------------------------------------
215...........................  Use of Electronic Payroll         0960-AH88  Proposed Rule.
                                 Data To Improve Program
                                 Administration.
216...........................  Omitting Food From In-            0960-AI60  Proposed Rule.
                                 Kind Support and
                                 Maintenance Calculations.
217...........................  Social Security Number            0960-AI80  Proposed Rule.
                                 Use in Government
                                 Records.
218...........................  Revised Medical Criteria          0960-AG65  Proposed Rule.
                                 for Evaluating Digestive
                                 Disorders and Skin
                                 Disorders.
----------------------------------------------------------------------------------------------------------------


                                       Consumer Product Safety Commission
----------------------------------------------------------------------------------------------------------------
                                                              Regulation
         Sequence No.                     Title             Identifier No.             Rulemaking stage
----------------------------------------------------------------------------------------------------------------
219...........................  Regulatory Options for            3041-AC31  Final Rule.
                                 Table Saws.
220...........................  Petition for Rulemaking           3041-AD31  Final Rule.
                                 to Eliminate Accessible
                                 Cords on Window Covering
                                 Products.
221...........................  Furniture Tip Overs:              3041-AD65  Final Rule.
                                 Clothing Storage Units.
----------------------------------------------------------------------------------------------------------------


[[Page 10978]]


                                          Nuclear Regulatory Commission
----------------------------------------------------------------------------------------------------------------
                                                              Regulation
         Sequence No.                     Title             Identifier No.             Rulemaking stage
----------------------------------------------------------------------------------------------------------------
222...........................  Enhanced Weapons for              3150-AJ55  Prerule.
                                 Spent Fuel Storage
                                 Installations and
                                 Transportation--Section
                                 161A Authority [NRC-2015-
                                 0018].
223...........................  American Society of               3150-AK23  Proposed Rule.
                                 Mechanical Engineers
                                 Code Cases and Update
                                 Frequency [NRC-2018-
                                 0291].
224...........................  Risk-Informed, Technology         3150-AK31  Proposed Rule.
                                 Inclusive Regulatory
                                 Framework [NRC-2019-
                                 0062].
225...........................  Renewing Nuclear Power            3150-AK32  Proposed Rule.
                                 Plant Operating
                                 Licenses--Environmental
                                 Review [NRC-2018-0296].
226...........................  Revision of Fee                   3150-AK58  Proposed Rule.
                                 Schedules: Fee Recovery
                                 for FY 2023 [NRC-2021-
                                 0024].
----------------------------------------------------------------------------------------------------------------

DEPARTMENT OF AGRICULTURE

Statement of Regulatory Priorities

    The U.S. Department of Agriculture's (USDA) fall 2022 Regulatory 
Agenda and Plan prioritizes initiatives fostering 21st century 
innovation like delivering broadband to farmers, ranchers, small 
businesses, and rural communities, addressing the effects of climate 
change such as drought and wildfire risks via climate-smart 
agriculture, expanding economic and market opportunity at home and 
abroad, job creation, improving access and delivery of our programs, 
particularly among historically underserved people and communities, and 
tackling food and nutrition insecurity while maintaining a safe food 
supply. Meanwhile, as we've responded to immediate needs during the 
past two years, USDA will continue to leverage our existing programs in 
response to those unforeseen domestic and international events and 
national emergencies that impact the American farm economy, schools, 
individual households, and our National Forests. Finally, we note that 
all USDA programs, including the priorities contained in this 
Regulatory Plan, will be structured to advance the cause of equity by 
removing barriers and opening new opportunities.
    In 2022, the USDA:
    Risk Management Agency implemented the Pandemic Cover Crop Program 
that reduced crop insurance premiums for agricultural producers to help 
them maintain cover crop systems, an important conservation practice, 
while keeping producers eligible for a premium benefit under the 
program.
    Food and Nutrition Service (FNS) implemented a final rule that 
establishes Standards for Milk, Whole Grains, and Sodium in its Child 
Nutrition Programs for school years 2022-2023 and 2023-2024 to give 
schools time to transition in the short term as FNS works to develop 
long-term nutrition standards--based on the newest Dietary Guidelines 
for America and extensive input from a wide range of partners--that 
will work for schools, families, and industry alike. In 2022, FNS also 
implemented streamlining requirements in its Child Nutrition Programs 
to simplify the application process, enhance monitoring requirements, 
offer more clarity on existing requirements, and provide more 
discretion at the State agency level to manage program operations.
    In late 2022, USDA plans to announce Phase 2 of the Emergency 
Relief Program that provides assistance to producers who suffered crop 
losses due to qualifying disaster events, and the Pandemic Assistance 
Revenue Program, a new program that provides support for agricultural 
producers impacted by the COVID-19 pandemic. In addition, this action 
makes changes to the Coronavirus Food Assistance Program; the Emergency 
Conservation Program; the Emergency Assistance for Livestock, 
Honeybees, and Farm-Raised Fish Program; the Livestock Forage Disaster 
Program; the Livestock Indemnity Program; the Noninsured Crop Disaster 
Assistance Program; and general payment eligibility provisions. For 
more information about this rule, see RIN 0503-AA75.
    Outlined below are some of USDA's most important upcoming 
regulatory actions for 2023. These include efforts to restore and 
expand economic opportunity; address the climate crisis; and support 
agricultural markets that are free, open and promote competition. This 
Regulatory Plan also reflects USDA's continued commitments to ensuring 
a safe and nutritious food supply and animal welfare protections. As 
always, our Semiannual Regulatory Agenda contains information on a 
broad-spectrum of USDA's initiatives and upcoming regulatory actions.

Combat Climate Change To Support America's Working Lands, Natural 
Resources and Communities

    Special Areas; Roadless Area Conservation; National Forest System 
Lands in Alaska: In November 2021, USDA proposed to repeal a final rule 
promulgated in 2020 that exempted the Tongass National Forest from the 
2001 Roadless Area Conservation Rule (2001 Roadless Rule). The 2001 
Roadless Rule prohibited timber harvest and road construction or 
reconstruction within designated Inventoried Roadless Areas, with 
limited exceptions. USDA is planning to finalize this proposed rule in 
a manner consistent with President Biden's Executive Order 13990, 
Protecting Public Health and the Environment and Restoring Science to 
Tackle the Climate Crisis, directing review of Federal regulations 
issued during the previous four years that may conflict with protecting 
the environment, and in support of efforts to confront the climate 
crisis. For more information about this rule, see RIN 0596-AD51.

Foster an Equitable and Competitive Marketplace for All Agricultural 
Producers

    Inclusive Competition and Market Integrity Rules Under the Packers 
and Stockyards Act: In October 2022, USDA proposed to revise 
regulations under the Packers and Stockyards (P&S) Act, prohibiting 
certain prejudices and disadvantages and unjustly discriminatory 
conduct against covered producers in the livestock, meat, and poultry 
markets. The proposal identified retaliatory practices that interfere 
with lawful communications, assertion of rights, and participation in 
associations, among other protected activities. The proposal also 
identified unlawfully deceptive practices that violate the P&S Act with 
respect to contract formation, contract performance, contract 
termination and contract refusal. The purpose of the final rule is to 
promote inclusive competition and market integrity in the livestock, 
meats, and poultry markets. For more information about this rule, see 
RIN 0581-AE05.
    Transparency in Poultry Grower Contracting and Tournaments Systems: 
The final rule would address the use of poultry grower ranking systems 
as a method of payment and settlement grouping for poultry growers 
under

[[Page 10979]]

contract in poultry growing arrangements with live poultry dealers. The 
final rule would establish certain requirements with which a live 
poultry dealer must comply if a poultry grower ranking system is 
utilized to determine grower payment. A live poultry dealer's failure 
to comply would be deemed an unfair, unjustly discriminatory, and 
deceptive practice according to factors outlined in the final rule. A 
proposed rule was published in the Federal Register on June 8, 2022, 87 
FR 48091. For more information about this rule, see RIN 0581-AE03.
    Unfair Practices, Undue Preferences, and Harm to Competition under 
the Packers and Stockyards Act: The proposal would revise regulations 
under the Packers and Stockyards Act (Act), providing clarity regarding 
conduct that may violate the Act, including addressing harm to 
competition. For more information about this rule, see RIN 0581-AE04.
    Poultry Growing Tournament Systems: Fairness and Related Concerns--
Harm to Competition: The proposal seeks to address the use of poultry 
grower ranking systems, commonly known as ``tournaments'' in contract 
poultry production. Based on inputs from poultry growers, the proposal 
will seek to improve the market for poultry grower services. An advance 
notice of proposed rulemaking was published in the Federal Register on 
June 8, 2022, 87 FR 34814. For more information about this rule, see 
RIN 0581-AE18.

Provide All Americans Safe, Nutritious Food

    USDA's Food Safety and Inspection Service (FSIS) continues to 
ensure that meat, poultry, and egg products are safe, wholesome, and 
properly marked, labeled, and packaged, and prohibits the distribution 
in-commerce of meat, poultry, and egg products that are adulterated or 
misbranded. One of FSIS' top priorities is to develop a more 
comprehensive and effective strategy to reduce Salmonella illnesses 
associated with poultry products. The agency is gathering the data and 
information necessary to support future action and move closer to the 
national target of a 25 percent reduction in Salmonella illnesses.
    In addition, to enhance the safety of raw beef products, FSIS is 
strengthening its sampling and testing programs for shiga-toxin 
producing Escherichia coli in these products.
    Moreover, consistent with the President's priorities of advancing 
the country's economic recovery and promoting economic resilience, FSIS 
is proposing several rules to improve regulatory certainty, which 
assure consumers that meat, poultry, and egg products are safe and 
truthfully labeled and fosters fair competition among the regulated 
industry. In a similar vein, AMS has prepared proposed standards for 
organic livestock and poultry production.
    Voluntary Labeling of Meat Products With ``Product of USA'' and 
Similar Statements: In accordance with Executive Order 14036, Promoting 
Competition in the American Economy, FSIS will propose to address 
concerns that the voluntary ``Product of USA'' label claim may confuse 
consumers about the origin of FSIS regulated products and undermine 
fair competition. FSIS intends to define the voluntary claim so that it 
is more meaningful to consumers and ensures a fair and competitive 
marketplace for American farmers and ranchers. For more information 
about this rule, see RIN 0583-AD87.
    Labeling of Meat or Poultry Products Comprised of or Containing 
Cultured Animal Cells; Revision of the Nutrition Facts Panels for Meat 
and Poultry Products and Updating Certain Reference Amounts Customarily 
Consumed; and Prior Label Approval System: Expansion of Generic Label 
Approval: FSIS will propose to establish new requirements for the 
labeling of meat or poultry products made using animal cell culture 
technology. FSIS also plans to finalize two other labeling rules, one 
to update nutrition labeling for meat and poultry products and another 
to expand the categories of meat and poultry product labels deemed 
generically approved that may be used in commerce without prior FSIS 
review and approval. The rule expanding the categories of generically 
approved labels will reduce labeling costs for meat and poultry 
establishments, including small and very small establishments. The 
three rules will provide additional certainty about what is required 
for meat and poultry labeling while ensuring that consumers have 
accurate information about the food they buy. For more information 
about these rules, see RINs 0583-AD56, 0583-AD78, and 0583-AD89.
    National Organic Program; Organic Livestock and Poultry Standards: 
The final rule would establish standards that support additional 
practice standards for organic livestock and poultry production. This 
final action would add provisions to the USDA organic regulations to 
address and clarify livestock and poultry living conditions (for 
example, outdoor access, housing environment and stocking densities), 
health care practices (for example physical alterations, administering 
medical treatment, euthanasia), and animal handling and transport to 
and during slaughter. For more information about this rule, see RIN 
0581-AE06.
    FNS' Child Nutrition Programs: Revisions to Meal Patterns 
Consistent with the 2020 Guidelines forAmericans: The proposed 
revisions would revise meal patterns in the National School Lunch 
Program and School Breakfast Program to make school meals healthier and 
more consistent with the most recent Dietary Guidelines for Americans 
while reflecting the nutrient needs of children at risk for food 
insecurity. For more information about this rule, see RIN 0584-AE88.
    FNS' Special Supplemental Nutrition Program for Women, Infants and 
Children (WIC): Revisions in the WIC Food Packages: Consistent with 
recommendations from the National Academies of Sciences, Engineering, 
and Medicine and the latest Dietary Guidelines for Americans, the 
proposal seeks to provide participants with greater choices in variety 
and food package sizes. For more information about this rule, see RIN 
0584-AE82.
    FNS' Community Eligibility Provision: Increasing Options for 
Schools: The Community Eligibility Provision (CEP) is an option for 
schools to offer no-cost meals to all students without the burden of 
collecting household applications. This provision saves local 
educational agencies time and money by streamlining paperwork and 
administrative requirements and facilitates low-income children's 
access to nutritious school meals. This rule would lower the minimum 
participation threshold, which would expand access to CEP and provide 
greater flexibility to States and schools that want to use additional 
State and local funds to provide no-cost meals to students. For more 
information about this rule, see RIN 0584-AE93.

USDA--AGRICULTURAL MARKETING SERVICE (AMS)

Proposed Rule Stage

1. Unfair Practices, Undue Preferences, and Harm to Competition Under 
the Packers and Stockyards Act (AMS-FTPP-21-0046) [0581-AE04]

    Priority: Other Significant.
    Legal Authority: 7 U.S.C. 181 to 229c
    CFR Citation: 9 CFR 201.
    Legal Deadline: None.
    Abstract: This action proposes to revise regulations issued under 
the Packers and Stockyards Act (Act) (7

[[Page 10980]]

U.S.C.181 229c), providing clarity regarding conduct that may violate 
the Act. Revisions are intended to support market growth, assure fair 
trade practices and competition, and protect livestock and poultry 
growers and producers. The action addresses long-standing issues 
related to competitiveness and showings of harm or likely harm to 
competition.
    Statement of Need: Revisions to regulations pertaining to the 
Packers and Stockyards Act (Act) clarify the types of conduct by 
packers, swine contractors, or live poultry dealers that the 
Agricultural Marketing Service (AMS) considers unfair practices or 
undue preferences and a violation of sections 202(a) or 202(b) of the 
Act.
    Sections 202(a) and 202(b) of the P&S Act are broadly written to 
prohibit unjustly practices and undue preferences. Industry members 
have complained that the regulations effectuating the Act are too vague 
and do not provide adequate clarity about the types of conduct or 
action that are likely to violate the Act. This rule is needed to 
provide essential clarity about what would be considered violations of 
the Act.
    Revisions to regulations pertaining to the Packers and Stockyards 
Act (Act) that would also clarify the scope of the Act are needed to 
establish what conduct or action, depending on their nature and the 
circumstances, violate the Act without a finding of harm or likely harm 
to competition or as they may relate to harm or likely harm to 
competition as such terms were contemplated under the Act. Such 
revisions reflect the Department of Agriculture's (USDA) longstanding 
position in this regard.
    Summary of Legal Basis: The Packers and Stockyards Act (Act) 
authorizes AMS to determine if conduct within the poultry and livestock 
industries are unfair practices or undue preferences and, therefore a 
violation of the Act.
    The Act provides USDA with the authority to assure fair competition 
and trade practices and to safeguard farmers against receiving less 
than the true market value of their livestock. Sections 202(c), (d), 
and (e) of the Act limit the application of those sections to acts or 
practices that have an adverse effect on competition, such as acts 
restraining commerce, creating a monopoly, or producing another type of 
antitrust injury. However, provisions in sections 202(a) and (b) 
restrict practices that are deceptive, unfair, unjust, undue, and 
unreasonable; terms that are understood to encompass more than 
anticompetitive conduct. USDA's position is that Congress did not 
intend application of sections 202(a) and (b) to be limited to 
instances in which there is harm to competition.
    Alternatives: USDA considered doing nothing. However, courts are 
not unanimous in their findings. Further, several courts disagree with 
USDA's position. Lack of clarity hinders the agency's ability to 
consistently administer and enforce the Act.
    Anticipated Cost and Benefits: USDA estimate annual costs related 
to this rule of $9 million for the first five years, decreasing in 
subsequent years, for total ten-year costs of $66 million. We believe 
the primary benefit of the proposed regulation is the increased ability 
to protect producers and growers through enforcement of the Act for 
violations of section 202(a) and/or (b) that do not result in harm, or 
a likelihood of harm, to competition.
    Risks: Courts have recognized that the proper analysis of alleged 
violations of these two sections depends on the facts of each case. 
However, four courts of appeals have disagreed with USDA's 
interpretation of the Act and have concluded that plaintiffs could not 
prove their claims under those sections without proving harm to 
competition or likely harm to competition. There is a risk if future 
legal challenge of USDA interpretation of sections 202(c), (d), and (e) 
of the Act.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   12/00/22
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Government Levels Affected: None.
    Agency Contact: Michael V. Durando, Deputy Administrator, Fair 
Trade Practices Program, Department of Agriculture, Agricultural 
Marketing Service, 1400 Independence Avenue SW, Washington, DC 20250-
0237, Phone: 202 720-219.
    RIN: 0581-AE04

USDA--AMS

2. Inclusive Competition and Market Integrity Under the Packers and 
Stockyards Act (AMS-FTPP-21-0045) [0581-AE05]

    Priority: Other Significant.
    Legal Authority: 7 U.S.C. 181 to 229c
    CFR Citation: 9 CFR 201.
    Legal Deadline: None.
    Abstract: This final rule would supplement a recent revision to 
regulations issued under the Packers and Stockyards Act (Act) (7 
U.S.C.181 229c) that provided criteria for the Secretary to consider 
when determining whether certain conduct or action by packers, swine 
contractors, or live poultry dealers is unduly or unreasonably or 
advantageous. Supplemental amendments clarify the conduct the 
Department considers unfair, preferential unjustly discriminatory, or 
deceptive and a violation of sections 202(a) and (b) of the Act. The 
rule also clarifies the criteria and types of conduct that would be 
considered unduly or unreasonably preferential, advantageous, 
prejudicial, or disadvantageous and violations of the Act.
    Statement of Need: Revisions to regulations pertaining to the 
Packers and Stockyards Act (Act) clarify the types of conduct by 
packers, swine contractors, or live poultry dealers that the 
Agricultural Marketing Service (AMS) considers unfair, unjustly 
discriminatory, or deceptive and a violation of section 202(a) of the 
Act, regardless of whether such action harms or is likely to harm 
competition. The rule also clarifies the criteria and/or types of 
conduct that would be considered unduly or unreasonably preferential, 
advantageous, prejudicial, or disadvantageous and a violation of 
section 202(b) of the Act.
    Sections 202(a) and 202(b) of the P&S Act are broadly written to 
prohibit unjustly practices and undue preferences and prejudices. 
Industry members have complained that the regulations effectuating the 
Act are too vague and do not provide adequate clarity about the types 
of conduct or action that are likely to violate the Act. This rule is 
needed to provide essential clarity about what would be considered 
violations of the Act, regardless of whether such violations harm or 
are likely to harm competition.
    Summary of Legal Basis: The Packers and Stockyards Act (Act) 
authorizes AMS to determine if conduct within the poultry and livestock 
industries are unfair, unjustly discriminatory, or deceptive and, 
therefore a violation of the Act.
    Alternatives: AMS considered taking no further action, allowing 100 
years of case law to determine precedent in making determinations about 
whether certain behaviors violate the Act. AMS also considered 
revisiting the withdrawn 2016 rulemaking approach that would have 
identified criteria with which to determine whether certain behaviors 
violate the Act.
    Anticipated Cost and Benefits: USDA estimates first-year costs 
associated with this rule to be $517 thousand, with decreased costs 
each year thereafter, resulting in a ten-year total cost of $2.88

[[Page 10981]]

million. AMS expects this rule to benefit all segments of the industry, 
providing greater clarity about what would be considered violations of 
the Act. AMS expects this rule, coupled with a concurrent rule on the 
scope of the Act, to strengthen enforcement of the Act, resulting in 
fairer and more competitive markets for producers and poultry growers.
    Risks: Industry is divided about adding lists or examples of 
specific prohibited conduct to the regulations. Some argue such lists 
would inhibit freedom to forge contracts that fit individual 
situations, while others contend greater specificity is required so 
that affected parties can more readily identify violative behavior. 
Industry is also split on the question of whether identified prohibited 
behaviors must be found to harm or likely harm competition to be 
considered violations of the Act. AMS expects to resolve some of the 
controversy by being proactive and transparent with the industry to 
allow for critical discussions and decisions on the rule.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   10/03/22  87 FR 60010
NPRM Comment Period Extended........   11/30/22  87 FR 73507
NPRM Comment Period End.............   12/02/22
NPRM Comment Period Extended End....   01/17/23
Final Rule..........................   04/00/23
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Small Entities Affected: Businesses.
    Government Levels Affected: None.
    Agency Contact: Michael V. Durando, Deputy Administrator, Fair 
Trade Practices Program, Department of Agriculture, Agricultural 
Marketing Service, 1400 Independence Avenue SW, Washington, DC 20250-
0237, Phone: 202 720-0219.
    RIN: 0581-AE05

USDA--AMS

3. Poultry Growing Tournament Systems: Fairness and Related Concerns--
Harm to Competition (AMS-FTPP-22-0046) [0581-AE18]

    Priority: Other Significant.
    Legal Authority: 7 U.S.C. 181 et seq., 192
    CFR Citation: 9 CFR 201.
    Legal Deadline: None.
    Abstract: This action seeks comments on proposed amendments to 
regulations that promote transparency in the poultry grower ranking 
systems, more commonly known as tournaments, in contract poultry 
production. Proposed amendments serve to remove obstacles to fair 
contracting.
    Statement of Need: Executive Order 14036 Promoting Competition in 
the American Economy, directs the Secretary of Agriculture to address 
unfair treatment of farmers and improve conditions of competition in 
their markets by considering rulemaking to address, among other things, 
certain practices related to poultry grower ranking systems. AMS is 
responding to numerous complaints from poultry growers about the use of 
tournament systems and recognizes that measures beyond disclosure and 
transparency may be necessary to address those practices, given the 
economic power imbalances and competition concerns that exist in 
today's markets. Responses to requests for comment have helped AMS 
tailor further policy development and rulemaking under the Packers and 
Stockyards Act, as amended, to address, through specific prohibitions, 
limits, and/or conventionalities, potential unfairness that may arise 
from the use of the tournament contracts in the poultry sector.
    Summary of Legal Basis: Sections 202(a) and 202(b) of the Packers 
and Stockyards Act prohibits unfair practices and undue preferences.
    Alternatives: The alternative considered is to continue with other 
efforts already underway to enhance fair and competitive markets in 
poultry. These include: (1) a separate rulemaking, under RIN 0581-AE03, 
in which USDA proposed a series of new transparency measures designed 
to address many grower concerns relating to deception and lack of 
access to critical information in connection with poultry contracting 
and tournament systems; (2) under the American Rescue Plan Act's 
provision to enhance supply chain resiliency, investing directly into 
the creation of new, and expansion of existing, local and regional meat 
and poultry processing enterprises; and (3) in partnership with DOJ, 
through such means as a newly established joint complaints and tips 
portal, www.farmerfairness.gov, enhancing enforcement activities 
including responding in a more coordinated manner to a range of 
competition and fair markets concerns.
    Anticipated Cost and Benefits: AMS is at an early stage of 
evaluating the costs and benefits of the contemplated regulatory 
interventions. However, expected benefits include greater certainty, 
investment, and supply of poultry products, greater returns to poultry 
growers and enhanced rural economic welfare, and expanded competitive 
choices in the poultry sector. Expected costs may include compliance 
costs, such as certain contract change costs.
    Risks: Agricultural production is an inherently risky endeavor, and 
returns have some level of risk no matter the marketing channel or 
structural arrangement. Tournament systems do not insulate growers from 
the financial risk, liquidity risk, the risk from incomplete contracts, 
and the lack of control over inputs and production variables. 
Tournaments also introduce new categories of risks to growers: Group 
composition risk and added risks of settlement-related deception or 
fraud. The risks of deception or fraud as discussed above include the 
inability of growers to verify the accuracy of payments, and to detect 
discrimination or retaliation.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
ANPRM: Request for Comments.........   06/08/22  87 FR 34814
ANPRM Comment Period End............   09/06/22
NPRM................................   07/00/23
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Government Levels Affected: None.
    Agency Contact: Stephen Slinsky, Department of Agriculture, 
Agricultural Marketing Service, 1400 Independence Avenue SW, 
Washington, DC 20250, Phone: 901 287-9719, Email: 
[email protected].
    RIN: 0581-AE18

USDA--AMS

Final Rule Stage

4. Transparency in Poultry Grower Contracting and Tournaments (AMS-
FTPP-21-0044) [0581-AE03]

    Priority: Other Significant.
    Legal Authority: 7 U.S.C. 181 to 229c
    CFR Citation: 9 CFR 201.
    Legal Deadline: None.
    Abstract: This action amends regulations issued under the Packers 
and Stockyards Act (P&S Act), revising the list of disclosures and 
information live poultry dealers must furnish to poultry growers and 
sellers with whom dealers make poultry growing arrangements. The rule 
establishes parameters for the use of poultry grower ranking systems by 
dealers to determine settlement payments for poultry growers. 
Amendments are intended to

[[Page 10982]]

promote transparency in poultry production contracting and to give 
poultry growers relevant information with which to make business 
decisions.
    Statement of Need: Differences in size and imbalances of power 
between parties in contractual poultry growing arrangements can have 
detrimental effects on one of the contracting parties and may result in 
marketplace inefficiencies. An often-cited concern is the live poultry 
dealer's full control over inputs, e.g., chick, feed, medication, etc., 
to the poultry growing process. Industry members have asked the 
Agricultural Marketing Service (AMS) to address such imbalances by 
specifying the conduct that would be considered violative of the 
Packers and Stockyards Act (Act).
    Summary of Legal Basis: The Agricultural Marketing Service (AMS) is 
delegated authority by the Secretary of Agriculture to enforce the P&S 
Act. AMS has received numerous complaints regarding the imbalance of 
power in poultry growing agreements, wherein one side controls all of 
the inputs, then arbitrarily ranks grower performance against other 
growers to determine pay.
    Alternatives: AMS considered finalizing a 2016 proposed rule that 
would have identified criteria for determining whether a live poultry 
dealer's use of a grower ranking system for payment purposes might be 
unlawful under the Packers and Stockyards Act.
    Anticipated Cost and Benefits: USDA estimates the first-year costs 
associated with this proposed rule to be $17.37 million. Subsequent 
year costs are expected to be significantly less than first-year costs, 
resulting in a ten-year total cost of $34.64 million. USDA expects the 
primary benefit of the regulation will be the increased ability to 
protect poultry growers from unfair practices associated with the use 
of poultry grower ranking systems. At the same time, the rule is 
expected to improve efficiencies through the use of new technologies 
and to reduce market failures among poultry growers.
    Risks: Extended litigation over legal challenges from the industry 
could result in the rule being struck down by the courts, hindering the 
agency's ability to enforce the Act for years.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   06/08/22  87 FR 34980
NPRM Comment Period End.............   08/08/22  .......................
Notice of Reopening of Comment         08/08/22  87 FR 48091
 Period.
NPRM Comment Period End.............   08/23/22
Final Rule..........................   05/00/23
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Small Entities Affected: Businesses.
    Government Levels Affected: None.
    Agency Contact: Michael V. Durando, Deputy Administrator, Fair 
Trade Practices Program, Department of Agriculture, Agricultural 
Marketing Service, 1400 Independence Avenue SW, Washington, DC 20250-
0237, Phone: 202 720-0219.
    RIN: 0581-AE03

USDA--AMS

5. Organic Livestock and Poultry Standards (AMS-NOP-21-0073) [0581-
AE06]

    Priority: Economically Significant. Major under 5 U.S.C. 801.
    Legal Authority: 7 U.S.C. 6501 to 7 U.S.C. 6524
    CFR Citation: 7 CFR 205.
    Legal Deadline: None.
    Abstract: This action establishes additional practice standards for 
organic livestock and poultry production. The rule amends the USDA 
organic regulations related to: livestock and poultry living conditions 
(for example, outdoor access, housing environment, and stocking 
densities); animal health care (for example, physical alterations, 
administering medical treatment, and euthanasia); animal transport; and 
slaughter.
    Statement of Need: The Organic Livestock and Poultry Standards 
(OLPS) rule is needed to clarify the USDA organic standards for 
livestock and poultry living conditions and health practices. The 
current regulations for livestock production provide general 
requirements but some of these provisions are ambiguous and have led to 
inconsistent divergent practices, particularly in the organic poultry 
sector. This rule responds to nine recommendations from the National 
Organic Standards Board and findings from a USDA Office of Inspector 
General (OIG) report. (See USDA, Office of the Inspector General. March 
2010. Audit Report 01601-03-Hy, Oversight of the National Organic 
Program. Available at: http://www.usda.gov/oig/rptsauditsams.htm.) This 
rule includes provisions to support the expression of natural behaviors 
and the welfare of organic livestock and poultry.
    Summary of Legal Basis: OLPS is authorized by the Organic Foods 
Production Act of 1990 (OFPA), 7 U.S.C. 65016524. OFPA authorizes the 
USDA to establish national standards governing the marketing of certain 
agricultural products as organically produced products to assure 
consumers that organically produced products meet a consistent standard 
and to facilitate interstate commerce in fresh and processed food that 
is organically produced.
    Alternatives: AMS considered several alternatives and presents 
these in the rule. AMS presents two compliance date alternatives in the 
rule that would affect the costs and benefits of the rule. 
Additionally, AMS discusses alternatives to specific policies included 
in the rule, including alternative indoor and outdoor space 
requirements, and non-regulatory alternatives, including consumer 
education or no rule.
    Anticipated Cost and Benefits: AMS assumes no costs or benefits are 
accumulated for clarifying and codifying existing practices. However, 
AMS does expect costs and benefits to occur for organic broiler 
production through increased indoor space and for organic broilers and 
in egg production through increased outdoor access for layers.
    AMS estimates that the discounted costs for layer operations would 
range between $3.6 million and $8.4 million annually. To monetize the 
benefits of this rule, AMS used research that measured consumers' 
willingness-to-pay for outdoor access at a premium of between $0.16 and 
$0.25 per dozen eggs, controlling for other factors, including the 
organic label. Based on this, AMS estimates the annually discounted 
benefits falling between $11.6 million to $27.1 million.
    AMS estimates that the total annual discounted costs for broiler 
compliance would be between $5.7 million and $6.3 million. The benefits 
for broilers are calculated using a willingness-to-pay at a premium of 
$0.34/lb. With this willingness-to-pay, the annual discounted benefits 
range between $97 million and $107 million.
    Qualitatively, AMS also anticipates the rule will establish a clear 
standard protecting the value of the USDA organic seal to consumers, 
provide a consistent, level playing field for organic livestock 
producers, and facilitate enforcement of organic livestock and poultry 
standards.
    Risks: This rule is similar to the rule published on January 19, 
2017 (82 FR 7042). That rule was subsequently withdrawn and never 
became effective. The USDA continues to face two legal challenges 
related to the withdrawal of that rule. USDA argued in its

[[Page 10983]]

withdrawal of the rule that USDA had no authority under the Organic 
Foods Production Act to promulgate the rule, so there is legal risk in 
reversing direction and publishing a similar rule.
    Publishing a new proposed rule indicated that the USDA is taking 
new steps to advance the regulations. This has been viewed favorably by 
some, although others would prefer reinstating the January 2017 rule 
without the associated steps required to finalize a new rule.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   08/09/22  87 FR 48562
NPRM Comment Period End.............   10/11/22
Comment Period Extended.............   10/11/22  87 FR 61268
Comment Period Extended End.........   11/10/22
Final Rule..........................   04/00/23
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Small Entities Affected: Businesses.
    Government Levels Affected: None.
    Agency Contact: Erin Healy, Director, Standards Division, National 
Organic Program, Department of Agriculture, Agricultural Marketing 
Service, Washington, DC 20024, Phone: 202 617-4942, Email: 
[email protected].
    Related RIN: Related to 0581-AD44, Related to 0581-AD74, Related to 
0581-AD75
    RIN: 0581-AE06

USDA--FOOD AND NUTRITION SERVICE (FNS)

Proposed Rule Stage

6. Special Supplemental Nutrition Program for Women, Infants and 
Children (WIC): Revisions in the WIC Food Packages [0584-AE82]

    Priority: Economically Significant. Major under 5 U.S.C. 801.
    Legal Authority: 42 U.S.C. 1786, sec. 17(f)(11)(C)
    CFR Citation: 7 CFR 246.10.
    Legal Deadline: None.
    Abstract: This proposed rulemaking would amend regulations 
governing the WIC food packages to: (1) incorporate recommendations of 
the National Academies of Science, Engineering, and Medicine 2017 
scientific report, Review of WIC Food Packages: Improving Balance and 
Choice; (2) align with 2020 Dietary Guidelines for Americans; and (3) 
make other administrative revisions or clarifications to food package 
requirements.
    Statement of Need: The National Academies of Sciences, Engineering, 
and Medicine (NASEM) issued a 2017 report with recommendations to align 
the WIC food packages with the available nutrition science and to 
reflect the supplemental nature of the Program. In December 2020, the 
USDA and the Department of Health and Human Services released the 2020-
2025 Dietary Guidelines for Americans (DGAs). USDA FNS will propose 
rulemaking to incorporate NASEM recommendations and align the food 
package with the latest DGAs.
    Summary of Legal Basis: 42 U.S.C. 1786, sec. 17(f)(11)(C).
    Alternatives: N/A.
    Anticipated Cost and Benefits: This is discussed in the Regulatory 
Impact Analysis which was published on November 21, 2022 as an appendix 
to the rule, available at 87 FR 71090.
    Risks: N/A.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   11/21/22  87 FR 71090
NPRM Comment Period End.............   02/21/23
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Undetermined.
    Government Levels Affected: Federal, Local, State.
    Federalism: This action may have federalism implications as defined 
in E.O. 13132.
    Agency Contact: Michael DePiro, Department of Agriculture, Food and 
Nutrition Service, 1320 Braddock Place, Alexandria, VA 22314, Phone: 
703 305-2876, Email: [email protected].
    Maureen Lydon, Department of Agriculture, Food and Nutrition 
Service, 1320 Braddock Place, Alexandria, VA 22314, Phone: 703 457-
7713, Email: [email protected].
    RIN: 0584-AE82

USDA--FNS

7. Child Nutrition Programs: Revisions to Meal Patterns Consistent With 
the 2020 Dietary Guidelines for Americans [0584-AE88]

    Priority: Economically Significant. Major under 5 U.S.C. 801.
    Legal Authority: 42 U.S.C. 1758, sec. 9(f)(1)
    CFR Citation: 7 CFR 210.10; 7 CFR 210.11; 7 CFR 215.7a; 7 CFR 
220.8; 7 CFR 226.20; . . .
    Legal Deadline: None.
    Abstract: This rule will propose long-term school nutrition 
standards based on the Dietary Guidelines for Americans, 2020-2025, and 
feedback from child nutrition program stakeholders. The proposed 
revisions are expected to make school meals more nutritious and more 
consistent with the goals of the most recent Dietary Guidelines, as 
required by statute. In addition, FNS is merging ``Buy American 
Provision in the National School Lunch and School Breakfast Programs'' 
(0584-AE91),which was listed as a long-term rule on the Fall 2021 
Regulatory Agenda, with this rule (0584-AE88). When developing this 
proposed rule, FNS will consider comments submitted in response to the 
February 2022 final rule, ``Child Nutrition Programs: Transitional 
Standards for Milk, Whole Grains, and Sodium'' (0584-AE81). FNS will 
also consider comments submitted in response to the August 2021 
``Request for Information: Buy American in the National School Lunch 
Program and School Breakfast Program,'' including feedback on how FNS 
can better support local schools as they strive to purchase domestic 
foods and food products.
    Statement of Need: The proposed revisions are needed to make school 
meals more nutritious and more consistent with the goals of the most 
recent Dietary Guidelines, as required by statute.
    Summary of Legal Basis: 42 U.S.C. 1758, sec. 9(f)(1).
    Alternatives: Alternatives not identified to date.
    Anticipated Cost and Benefits: These would be addressed in the 
Regulatory Impact Analysis for the rule.
    Risks: None known at this time.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   01/00/23
------------------------------------------------------------------------


[[Page 10984]]

    Regulatory Flexibility Analysis Required: No.
    Small Entities Affected: No.
    Government Levels Affected: Local, State.
    Federalism: Undetermined.
    Agency Contact: Michael DePiro, Department of Agriculture, Food and 
Nutrition Service, 1320 Braddock Place, Alexandria, VA 22314, Phone: 
703 305-2876, Email: [email protected].
    Maureen Lydon, Department of Agriculture, Food and Nutrition 
Service, 1320 Braddock Place, Alexandria, VA 22314, Phone: 703 457-
7713, Email: [email protected].
    Related RIN: Merged with 0584-AE913
    RIN: 0584-AE88

USDA--FNS

8.  Community Eligibility Provision: Increasing Options for 
Schools [0584-AE93]

    Priority: Other Significant. Major status under 5 U.S.C. 801 is 
undetermined.
    Legal Authority: 42 U.S.C. 1759a(a)(1)(F)
    CFR Citation: 7 CFR 245.9.
    Legal Deadline: None.
    Abstract: This proposed rule would lower the minimum participation 
threshold for Community Eligibility Provision (CEP) elections. 
Currently, to elect CEP, a local educational agency (LEA), group of 
schools, or individual school must meet a minimum identified student 
percentage threshold of 40 percent. This rule would lower the minimum 
participation threshold, which would provide an additional option for 
LEAs and schools to receive special assistance payments as Federal 
reimbursement for meals served to students, in lieu of taking 
applications.
    Statement of Need: The Community Eligibility Provision (CEP) is an 
option for schools to offer no-cost meals to all students without the 
burden of collecting household applications. This provision saves local 
educational agencies time and money by streamlining paperwork and 
administrative requirements and facilitates low-income children's 
access to nutritious school meals. Lowering the participation threshold 
expands access to CEP and provides greater flexibility to States and 
schools that want to use additional State and local funds to provide 
no-cost meals to students.
    Summary of Legal Basis: Per the Richard B. Russell National School 
Lunch Act (42 U.S.C. 1759a(a)(1)(F)(viii)(II)): ``For each school year 
beginning on or after July 1, 2014, the Secretary may use a threshold 
that is less than 40 percent.''
    Alternatives: None.
    Anticipated Cost and Benefits: Expanding access to CEP to 
additional schools is not expected to measurably increase costs to the 
Federal government due to the cost sharing aspect. FNS anticipates that 
this provision could impact State and/or local costs. FNS expects that 
local educational agencies that choose to elect CEP at lower 
eligibility levels will have increased State and/or local obligations. 
A cost/benefit analysis will be addressed in the economic analysis 
section to be included within the rule.
    Risks: No risks have been identified at this time.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   07/00/23
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Small Entities Affected: Governmental Jurisdictions.
    Government Levels Affected: Federal, Local, State, Tribal.
    Agency Contact: Michael DePiro, Department of Agriculture, Food and 
Nutrition Service, 1320 Braddock Place, Alexandria, VA 22314, Phone: 
703 305-2876, Email: [email protected].
    Maureen Lydon, Department of Agriculture, Food and Nutrition 
Service, 1320 Braddock Place, Alexandria, VA 22314, Phone: 703 457-
7713, Email: [email protected].
    RIN: 0584-AE93

USDA--FNS

Final Rule Stage

9.  Special Supplemental Nutrition Program for Women, Infants, 
and Children (WIC): Implementation of the Access to Baby Formula Act of 
2022 and Related Provisions [0584-AE94]

    Priority: Other Significant. Major status under 5 U.S.C. 801 is 
undetermined.
    Legal Authority: Pub. L. 117-129
    CFR Citation: 7 CFR 246.
    Legal Deadline: None.
    Abstract: This rule would amend 7 CFR 246 to codify the provisions 
of the Access to Baby Formula Act of 2022 (ABFA). ABFA amends Section 
17 of the Child Nutrition Act of 1966 to (1) add requirements to State 
agency infant formula cost containment contracts; and (2) establish 
waiver authority to the Secretary of Agriculture to address certain 
emergencies, disasters, and supply chain disruptions impacting WIC. FNS 
would make other related technical corrections and updates as necessary 
to modernize applicable WIC Program regulations.
    Statement of Need: This rule would codify requirements for State 
agencies to include language in their WIC infant formula rebate 
contracts that describes remedies in the event of an infant formula 
recall, including how an infant formula manufacturer would protect 
against disruption to program participants in the State (i.e., ensure 
that WIC participants can purchase formula using WIC benefits). The 
rule would also codify permanent expanded waiver authority to aid 
participants in obtaining and redeeming WIC benefits during certain 
emergencies, disasters, and supply chain disruptions impacting WIC. 
Finally, the rule would make other miscellaneous technical corrections 
and updates as necessary to update WIC regulations.
    Summary of Legal Basis: The Access to Baby Formula Act of 2022 
(ABFA, Pub. L. 117-129) amends section 17 of the Child Nutrition Act of 
1966 (Pub. L. 89-642).
    Alternatives: No alternatives have been identified at this time.
    Anticipated Cost and Benefits: The costs associated with 
implementing the rule's regulatory requirements are not expected to 
significantly add to current program costs at the State and local 
levels.
    Risks: No risks have been identified at this time.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Final Rule With Comment.............   05/00/23
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Small Entities Affected: No.
    Government Levels Affected: Local, State.
    Agency Contact: Michael DePiro, Department of Agriculture, Food and 
Nutrition Service, 1320 Braddock Place, Alexandria, VA 22314, Phone: 
703 305-2876,  Email: [email protected].
    Maureen Lydon, Department of Agriculture, Food and Nutrition 
Service, 1320 Braddock Place, Alexandria, VA 22314, Phone: 703 457-
7713, Email: [email protected].
    RIN: 0584-AE94


[[Page 10985]]



USDA--FOOD SAFETY AND INSPECTION SERVICE (FSIS)

Proposed Rule Stage

10. Voluntary Labeling of Products With ``Product of USA'' and Similar 
Statements [0583-AD87]

    Priority: Other Significant.
    Legal Authority: 21 U.S.C. 601 et seq.; 21 U.S.C. 451 et seq.; 21 
U.S.C. 1031 et seq.
    CFR Citation: 9 CFR 317.8.
    Legal Deadline: None.
    Abstract: The Food Safety and Inspection Service (FSIS) is 
proposing to amend its regulations to define the conditions under which 
the labeling of products can bear voluntary statements indicating that 
the product is of United States (U.S.) origin, such as Product of USA 
or Made in the USA.
    Statement of Need: In 2018 and 2019, FSIS received two petitions 
requesting that it change its policy regarding the labeling of meat 
products to indicate U.S. origin. After considering the petitions and 
the public comments submitted in response to them, FSIS concluded that 
adherence to the current labeling policy guidance may be causing 
confusion in the marketplace with respect to certain imported products 
and that the current labeling policy may no longer meet consumer 
expectations of what the Product of USA claim signifies. In 2021, FSIS 
received another petition related to its Product of USA policy. The 
Agency wants to ensure that any changes to its current policy are 
accomplished by an open and transparent process. Therefore, FSIS 
commissioned a consumer survey and decided that, instead of changing 
the Policy Book entry, it would initiate rulemaking to define the 
conditions under which the labeling of FSIS-regulated products would be 
permitted to bear voluntary statements indicating that the product is 
of U.S. origin.
    Summary of Legal Basis: Under the Federal Meat Inspection Act 
(FMIA) (21 U.S.C. 601-695, at 607), the Poultry Products Inspection Act 
(PPIA) (21 U.S.C. 451-470, at 457), and the Egg Products Inspection Act 
(21 U.S.C. 1031-1056, at 1036) (the Acts), the labels of meat, poultry, 
and egg products must be approved by the Secretary of Agriculture, who 
has delegated this authority to FSIS, before these products can enter 
commerce. The Acts prohibit the sale or offer for sale by any person, 
firm, or corporation of any article in commerce under any name or other 
marking or labeling that is false or misleading or in any container of 
a misleading form or size (21 U.S.C. 607(d); 21 U.S.C. 457(c)). The 
Acts also prohibit the distribution in commerce of meat or poultry 
products that are adulterated or misbranded. The FMIA and PPIA give 
FSIS broad authority to promulgate such rules and regulations as are 
necessary to carry out the provisions of the Acts (21 U.S.C. 621 and 
463(b)).
    Alternatives: FSIS has considered the current labeling guidance and 
the alternatives proposed in the two petitions: (1) to amend the FSIS 
Policy Book to state that FSIS-regulated products may be labeled as 
Product of USA only if significant ingredients are of domestic origin 
and; (2) to amend the FSIS Policy Book to provide that any FSIS 
regulated product labeled as Made in the USA, Product of the USA, USA 
Beef or in any other manner that suggests that the origin is the United 
States, be derived from animals that have been born, raised, and 
slaughtered in the United States. FSIS is conducting a comprehensive 
review of origin labeling claims and conducting a consumer perception 
survey pursuant to developing the proposed regulations.
    Anticipated Cost and Benefits: Establishments may incur costs 
associated with voluntarily changing their labels as a result of any 
revised Product of USA labeling claim definition. This proposed rule is 
expected to benefit consumers as well as producers by providing them 
more specific information on what Product of USA means for FSIS-
regulated products.
    Risks: N/A.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   12/00/22
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Small Entities Affected: Businesses.
    Government Levels Affected: None.
    Agency Contact: Melissa Hammar, Acting Director, Regulations 
Development Staff, Department of Agriculture, Food Safety and 
Inspection Service, 1400 Independence Avenue SW, Washington, DC 20250-
3700, Phone: 202 720-2096, Email: [email protected].
    RIN: 0583-AD87

USDA--FSIS

11. Labeling of Meat and Poultry Products Made Using Animal Cell 
Culture Technology [0583-AD89]

    Priority: Other Significant.
    Legal Authority: 21 U.S.C. 451 et seq.
    CFR Citation: 9 CFR ch. III.
    Legal Deadline: None.
    Abstract: This notice of proposed rulemaking seeks public comments 
to inform future Food Safety and Inspection Service (FSIS) regulations 
for the labeling of meat and poultry products made using animal cell 
culture technology.
    Statement of Need: Many companies, both domestic and foreign, are 
currently developing cultured products derived from the cells of food 
animals amenable to the Federal Meat Inspection Act (FMIA; 21 U.S.C. 
601 et seq.) (cattle, sheep, swine, goats, and fish of the order 
Siluriformes, e.g., catfish) or the Poultry Products Inspection Act 
(PPIA; 21 U.S.C. 451 et seq.) (chickens, turkeys, ducks, geese, 
guineas, ratites, and squabs). Human food products derived from these 
species fall under FSIS jurisdiction.
    Summary of Legal Basis: The Federal Meat Inspection Act (FMIA; 21 
U.S.C. 601 et seq.) and the Poultry Products Inspection Act (PPIA; 21 
U.S.C. 451 et seq.) require that meat and poultry products be 
truthfully and accurately labeled and that their labels be pre-approved 
by FSIS (21 U.S.C. 607(d) and 457(c), respectively), prior to movement 
in commerce. FSIS issues labeling regulations and reviews and approves 
meat and poultry product labels pursuant to these statutory labeling 
requirements. Food products made using animal cell culture technology 
and derived from the cells of livestock subject to the FMIA or the PPIA 
are subject to the labeling (and other applicable) requirements of 
these Acts and the regulations issued thereunder.
    Alternatives: FSIS will consider at least three alternatives for 
the rule: (1) Adopting a naming convention that is preferred by 
cellular agriculture industry; (2) Adopting a naming convention that is 
preferred by traditional agriculture industry; (3) Adopting a naming 
convention that is preferred by consumers groups.
    Anticipated Cost and Benefits: This proposed rule would benefit the 
public by providing truthful and accurate labeling of meat and poultry 
products produced using animal cell culture technology.
    FSIS expects its costs to be minimal and that current FSIS staffing 
would meet sketch approval needs.
    Risks: None.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
ANPRM...............................   09/03/21  86 FR 49491
ANPRM Comment Period End............   12/02/21
NPRM................................   08/00/23
------------------------------------------------------------------------


[[Page 10986]]

    Regulatory Flexibility Analysis Required: No.
    Small Entities Affected: No.
    Government Levels Affected: None.
    Agency Contact: Melissa Hammar, Acting Director, Regulations 
Development Staff, Department of Agriculture, Food Safety and 
Inspection Service, 1400 Independence Avenue SW, Washington, DC 20250-
3700, Phone: 202 720-2096, Email: [email protected].
    RIN: 0583-AD89

USDA--FSIS

Final Rule Stage

12. Revision of the Nutrition Facts Panels for Meat and Poultry 
Products and Updating Certain Reference Amounts Customarily Consumed 
[0583-AD56]

    Priority: Other Significant.
    Legal Authority: 21 U.S.C. 601 et seq.; 21 U.S.C. 451 et seq.
    CFR Citation: 9 CFR 317; 9 CFR 381; 9 CFR 413.
    Legal Deadline: None.
    Abstract: Consistent with the changes that the Food and Drug 
Administration (FDA) finalized, the Food Safety and Inspection Service 
(FSIS) is amending the Federal meat and poultry products inspection 
regulations to update and revise the nutrition labeling requirements 
for meat and poultry products to reflect recent scientific research and 
dietary recommendations and to improve the presentation of nutrition 
information to assist consumers in maintaining healthy dietary 
practices.
    Statement of Need: On May 27, 2016, the Food and Drug 
Administration (FDA) published two final rules: (1) ``Food Labeling: 
Revision of the Nutrition and Supplement Facts Labels'' (81 FR 33742); 
and (2) ``Food Labeling: Serving Sizes of Foods that Can Reasonably be 
Consumed at One Eating Occasion; Dual-Column Labeling; Updating, 
Modifying, and Establishing Certain Reference Amounts Customarily 
Consumed; Serving Size for Breath Mints; and Technical Amendments'' (81 
FR 34000). FDA finalized these rules to update the Nutrition Facts 
label to reflect new nutrition and public health research, to reflect 
recent dietary recommendations from expert groups, and to improve the 
presentation of nutrition information to help consumers make more 
informed choices and maintain healthy dietary practices. FSIS has 
reviewed FDA's analysis and, to ensure that nutrition information is 
presented consistently across the food supply, FSIS is amending the 
nutrition labeling regulations for meat and poultry products to 
parallel, to the extent possible, FDA's regulations. This approach will 
help increase clarity of information for consumers and will improve 
efficiency in the marketplace.
    Summary of Legal Basis: Under the Federal Meat Inspection Act 
(FMIA) (21 U.S.C. 601-695, at 607), the Poultry Products Inspection Act 
(PPIA) (21 U.S.C. 451-470, at 457), and the Egg Products Inspection Act 
(21 U.S.C. 1031-1056, at 1036) (the Acts), the labels of meat, poultry, 
and egg products must be approved by the Secretary of Agriculture, who 
has delegated this authority to FSIS, before these products can enter 
commerce. The Acts prohibit the sale or offer for sale by any person, 
firm, or corporation of any article in commerce under any name or other 
marking or labeling that is false or misleading or in any container of 
a misleading form or size (21 U.S.C. 607(d); 21 U.S.C. 457(c)). The 
Acts also prohibit the distribution in commerce of meat or poultry 
products that are adulterated or misbranded. The FMIA and PPIA give 
FSIS broad authority to promulgate such rules and regulations as are 
necessary to carry out the provisions of the Acts (21 U.S.C. 621 and 
463(b)).
    To prevent meat and poultry products from being misbranded, the 
meat and poultry product inspection regulations require that the labels 
of meat and poultry products include specific information, such as 
nutrition labels, and that such information be displayed as prescribed 
in the regulations (9 CFR part 317 and part 381). The nutrition 
labeling requirements for meat and meat food products are in 9 CFR 
317.300-317.400, and the nutrition labeling requirements for poultry 
products are in 9 CFR 381.400-381.500.
    Alternatives: FSIS considered three alternatives for the final 
rule: (1.) No action; (2.) A 24-month compliance period for large 
businesses and a 36-month compliance period for small businesses (as 
proposed); or (3.) A 12-month compliance period for large businesses 
and a 24-month compliance period for small businesses for faster label 
harmonization.
    Anticipated Cost and Benefits: These regulations are expected to 
benefit consumers by increasing and improving dietary information 
available in the market. Firms will incur a one-time cost for 
relabeling, recordkeeping costs, and costs associated with voluntary 
reformulation. Many firms have voluntarily begun using the FDA format, 
which will reduce costs.
    Risks: None.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   01/19/17  82 FR 6732
NPRM Comment Period End.............   04/19/17
Final Action........................   06/00/23
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Small Entities Affected: Businesses.
    Government Levels Affected: None.
    Agency Contact: Melissa Hammar, Acting Director, Regulations 
Development Staff, Department of Agriculture, Food Safety and 
Inspection Service, 1400 Independence Avenue SW, Washington, DC 20250-
3700, Phone: 202 720-2096, Email: [email protected].
    RIN: 0583-AD56

USDA--FSIS

13. Prior Label Approval System: Expansion of Generic Label Approval 
[0583-AD78]

    Priority: Other Significant.
    Legal Authority: 21 U.S.C. 601 et seq.; 21 U.S.C. 451 et seq.; 21 
U.S.C. 1031 et seq.
    CFR Citation: 9 CFR 412.2(a)(1); 9 CFR 317.7; 9 CFR 381.128; 9 CFR 
412.2(b).
    Legal Deadline: None.
    Abstract: The Food Safety and Inspection Service (FSIS) is amending 
its labeling regulations to expand the categories of meat, poultry, and 
egg product labels that it will deem generically approved and thus not 
required to be submitted to FSIS. These reforms will reduce the 
regulatory burden on producers seeking to bring products to market, as 
well as the Agency costs expended to evaluate the labels.
    Statement of Need: This action is needed to reduce the regulatory 
burden on producers seeking to bring products to market, as well as the 
Agency costs expended to evaluate the labels. Based on FSIS experience 
evaluating the labels in question and the ability of inspection 
personnel to verify labeling in the field, FSIS anticipates this action 
will have no impact on food safety or the accuracy of meat, poultry, 
and egg product labeling.
    Summary of Legal Basis: The Acts direct the Secretary of 
Agriculture to maintain meat, poultry, and egg inspection programs 
designed to assure consumers that these products are safe, wholesome, 
not adulterated, and properly marked, labeled, and packaged. Section 
7(d) of the Federal Meat Inspection Act (21 U.S.C. 607(d)) states:

[[Page 10987]]

No article subject to this title shall be sold or offered for sale by 
any person, firm, or corporation, in commerce, under any name or other 
marking or labeling which is false or misleading, or in any container 
of a misleading form or size, but established trade names and other 
marking and labeling and containers which are not false or misleading 
and which are approved by the Secretary are permitted. The Poultry 
Products Inspection Act and the Egg Products Inspection Act contain 
similar language in section 21 U.S.C. 457(c) and 1036(b), respectively.
    Alternatives: FSIS considered three alternatives for the rule: 
taking no action, adopting the current proposal except with continued 
evaluation of labels that would otherwise be generically approved, and 
allowing all labels to be generically approved.
    Anticipated Cost and Benefits: There are no additional costs to 
industry, or the Agency associated with this rule. FSIS will continue 
to verify that product labels, including those that are generically 
approved, are truthful and not misleading and otherwise comply with 
FSIS' requirements.
    This rule is expected to reduce the number of labels industry is 
required to submit to FSIS for evaluation by approximately 35 percent. 
Establishments will realize a cost savings because they will no longer 
need to incur costs for submitting certain types of labels to FSIS for 
evaluation (e.g., preparing a printer's proof). In addition, 
streamlining the evaluation process for specific types of labels will 
allow a faster introduction of products into the marketplace by 
reducing wait times for label approvals.
    FSIS will also benefit from a reduction in the number of labels 
submitted to it for review. FSIS will be able to reallocate staff hours 
from evaluating labels towards the development of labeling policy.
    Risks: None.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   09/14/20  85 FR 56538
NPRM Comment Period End.............   11/13/20
Final Rule..........................   01/00/23
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Small Entities Affected: Businesses.
    Government Levels Affected: None.
    Agency Contact: Melissa Hammar, Acting Director, Regulations 
Development Staff, Department of Agriculture, Food Safety and 
Inspection Service, 1400 Independence Avenue SW, Washington, DC 20250-
3700, Phone: 202 720-2096, Email: [email protected].
    RIN: 0583-AD78
BILLING CODE 3410-90-P

DEPARTMENT OF COMMERCE

Statement of Regulatory and Deregulatory Priorities

    Established in 1903, the Department of Commerce (Commerce or 
Department) is one of the oldest Cabinet-level agencies in the Federal 
Government. Commerce's mission is to create the conditions for economic 
growth and opportunity across all American communities by promoting 
innovation, entrepreneurship, competitiveness, and environmental 
stewardship. Commerce has 12 operating units, which manage a diverse 
portfolio of programs and services ranging from trade promotion and 
economic development assistance to improved broadband access and the 
National Weather Service, and from standards development and 
statistical data production, including the decennial census, to patents 
and fisheries management. Across these varied activities, the 
Department seeks to provide a foundation for a more equitable, 
resilient, and globally competitive economy.
    To fulfill its mission, Commerce works in partnership with 
businesses, educational institutions, community organizations, 
government agencies, and individuals to:
     Innovate by creating new ideas through cutting-edge 
science and technology, from advances in nanotechnology to ocean 
exploration to broadband deployment, and by protecting American 
innovations through the patent and trademark system;
     Support entrepreneurship and commercialization by enabling 
community development and strengthening minority businesses and small 
manufacturers;
     Maintain U.S. economic competitiveness in the global 
marketplace by promoting exports and foreign direct investment, 
ensuring a level playing field for U.S. businesses, and ensuring that 
technology transfer is consistent with our nation's economic and 
security interests;
     Provide effective management and stewardship of our 
nation's resources and assets to ensure sustainable economic 
opportunities; and
     Make informed policy decisions and enable better 
understanding of the economy and our communities by providing timely, 
accessible, and accurate economic and demographic data.

Responding to the Administration's Regulatory Philosophy and Principles

    Commerce's Regulatory Plan tracks the most important regulations 
that the Department anticipates issuing to implement these policy and 
program priorities and foster sustainable and equitable growth. Of 
Commerce's 12 primary operating units, three bureaus--the National 
Oceanic and Atmospheric Administration (NOAA), the United States Patent 
and Trademark Office (USPTO), and the Bureau of Industry and Security 
(BIS)--issue the vast majority of the Department's regulations, and 
these three bureaus account for all the planned actions that are 
considered the Department's most important significant pre-regulatory 
or regulatory actions for FY 2022.

National Oceanic and Atmospheric Administration

    NOAA's mission is built on three pillars: science, service, and 
stewardship--to understand and predict changes in climate, weather, 
oceans, and coasts; to share that knowledge and information with 
others; and to conserve and manage coastal and marine ecosystems and 
resources.
    At its core, NOAA is a scientific agency. It observes, measures, 
monitors, and collects data from the depths of the ocean to the surface 
of the sun, and it does so following principles of scientific 
integrity. These data are turned into weather and climate models and 
forecasts that are then used for everything from local weather 
forecasts to predicting the movement of wildfire smoke to identifying 
the impacts of climate change on fisheries and living marine resources.
    With respect to service, NOAA not only collects data but is 
mandated to make it operational, and NOAA seeks to be the authoritative 
provider of climate products and services. By providing Federal, State, 
and local government partners, the private sector, and the public with 
actionable environmental information, NOAA can facilitate decisions in 
the face of climate change. Such decisions can range from businesses 
planning the location of offices; insurance companies trying to 
incorporate climate risk into their insurance policies; and 
municipalities looking to ensure that plans for construction of new 
housing developments will be resilient to increasing sea level risk, 
flooding, and heavy precipitation.

[[Page 10988]]

    The final pillar of NOAA's mission is stewardship. NOAA seeks to 
conserve our lands, waters, and natural resources, protecting people 
and the environment now and for future generations. As part of 
Commerce, moreover, NOAA recognizes that economic growth must go hand-
in-hand with environmental stewardship. For example, with respect to 
the nation's fisheries, NOAA looks simultaneously to optimize 
productivity and ensure sustainability in order to boost long-term 
economic growth and competitiveness in this vital sector of the U.S. 
economy. Similarly, national marine sanctuaries both protect important 
natural resources and also are significant drivers of eco-tourism and 
local recreation.
    Within NOAA, the National Marine Fisheries Services (NMFS) and the 
National Ocean Service (NOS) are the components that most often 
exercise regulatory authority to implement NOAA's mission. NMFS 
oversees the management and conservation of the nation's marine 
fisheries; protects marine mammals and Endangered Species Act (ESA)-
listed marine and anadromous species; and promotes economic development 
of the U.S. fishing industry. NOS assists the coastal states in their 
management of land and ocean resources in their coastal zones, 
including estuarine research reserves; manages national marine 
sanctuaries; monitors marine pollution; and directs the national 
program for deep-seabed minerals and ocean thermal energy.
    Much of NOAA's rulemaking is conducted pursuant to the following 
key statutes:

Magnuson-Stevens Fishery Conservation and Management Act

    Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act) rulemakings concern the conservation and management of 
fishery resources in the U.S. Exclusive Economic Zone (generally 3-200 
nautical miles from shore). As itemized in the Unified Agenda, NOAA 
plans to take several hundred actions in FY 2022 under Magnuson-Stevens 
Act authority, of which roughly 20 are expected to be significant 
rulemakings, as defined in Executive Order 12866. With certain 
exceptions, rulemakings under Magnuson-Stevens are usually initiated by 
the actions of eight regional Fishery Management Councils (FMCs or 
Councils). These Councils are comprised of representatives from the 
commercial and recreational fishing sectors, environmental groups, 
academia, and Federal and State government, and they are responsible 
for preparing fishery management plans (FMPs) and FMP amendments, and 
for recommending implementing regulations for each managed fishery. 
FMPs address a variety of issues, including maximizing fishing 
opportunities on healthy stocks, rebuilding overfished stocks, and 
addressing gear conflicts. After considering the FMCs' recommendations 
in light of the standards and requirements set forth in the Magnuson-
Stevens Act and in other applicable laws, NOAAmay issue regulations to 
implement the proposed FMPs and FMP amendments.

Marine Mammal Protection Act

    The Marine Mammal Protection Act of 1972 (MMPA) provides the 
authority for the conservation and management of marine mammals under 
U.S. jurisdiction. It expressly prohibits, with certain exceptions, the 
intentional take of marine mammals. The MMPA allows, upon request and 
subsequent authorization, the incidental take of marine mammals by U.S. 
citizens who engage in a specified activity (e.g., oil and gas 
development, pile driving) within a specified geographic region. NMFS 
authorizes incidental take under the MMPA if it finds that the taking 
would be of small numbers, have no more than a ``negligible impact'' on 
those marine mammal species or stock, and would not have an 
``unmitigable adverse impact'' on the availability of the species or 
stock for ``subsistence'' uses. NMFS also initiates rulemakings under 
the MMPA to establish a management regime to reduce marine mammal 
mortalities and injuries as a result of interactions with fisheries. In 
addition, the MMPA allows NMFS to permit the take or import of wild 
animals for scientific research or public display or to enhance the 
survival of a species or stock.

Endangered Species Act

    The Endangered Species Act of 1973 (ESA) provides for the 
conservation of species that are determined to be ``endangered'' or 
``threatened,'' and the conservation of the ecosystems on which these 
species depend. NMFS and the Department of Interior's Fish and Wildlife 
Service (FWS) jointly administer the provisions of the ESA: NMFS 
manages marine and several anadromous species, and FWS manages land and 
freshwater species. Together, NMFS and FWS work to protect critically 
imperiled species from extinction. NMFS rulemaking actions under the 
ESA are focused on determining whether any species under its 
responsibility is an endangered or threatened species and whether those 
species must be added to the list of protected species. NMFS is also 
responsible for designating, reviewing and revising critical habitat 
for any listed species. In addition, as indicated in the list of 
highlighted actions below, NMFS and FWS may also issue rules clarifying 
how particular provisions of the ESA will be implemented.

The National Marine Sanctuaries Act

    The National Marine Sanctuaries Act (NMSA) authorizes the Secretary 
of Commerce to designate and protect as national marine sanctuaries 
areas of the marine environment with special national significance due 
to their conservation, recreational, ecological, historical, 
scientific, cultural, archeological, educational, or aesthetic 
qualities. The primary objective of the NMSA is to protect marine 
resources, such as coral reefs, sunken historical vessels, or unique 
habitats.
    NOAA's Office of National Marine Sanctuaries (ONMS), within NOS, 
has the responsibility for management of national marine sanctuaries. 
ONMS regulations, issued pursuant to NMSA, prohibit specific kinds of 
activities, describe and define the boundaries of the designated 
national marine sanctuaries, and set up a system of permits to allow 
the conduct of certain types of activities that would otherwise not be 
allowed.
    These regulations can, among other things, regulate and restrict 
activities that may injure natural resources, including all extractive 
and destructive activities, consistent with community-specific needs 
and NMSA's purpose to ``facilitate to the extent compatible with the 
primary objective of resource protection, all public and private uses 
of the resources of these marine areas.'' In FY 2022, NOAA is expected 
to have at least three regulatory actions under NMSA.

Coastal Zone Management Act

    The Coastal Zone Management Act (CZMA) was passed in 1972 to 
preserve, protect, and develop and, where possible, to restore and 
enhance the resources of the nation's coastal zone. The CZMA creates a 
voluntary state-federal partnership, where coastal states (States in, 
or bordering on, the Atlantic, Pacific or Arctic Ocean, the Gulf of 
Mexico, Long Island Sound, or one or more of the Great Lakes), may 
elect to develop comprehensive programs that meet federal approval 
standards. Currently, 34 of the 35 eligible entities are implementing a 
federally approved coastal management plan approved by the Secretary of 
Commerce.

[[Page 10989]]

NOAA's Regulatory Plan Actions

    Of the numerous regulatory actions that NOAA is planning for this 
year and that are included in the Unified Agenda, there are five, 
described below, that the Department considers to be of particular 
importance.
    1. Illegal, Unreported, and Unregulated Fishing; Fisheries 
Enforcement; High Seas Driftnet Fishing Moratorium Protection Act 
(0648-BG11): The United States is a signatory to the Port State 
Measures Agreement (PSMA). The agreement is aimed at combating illegal, 
unreported, and unregulated (IUU) fishing activities through increased 
port inspection of foreign fishing vessels and by preventing the 
products of illegal fishing from landing and entering into commerce. 
The High Seas Driftnet Fishing Moratorium Act (Fishing Moratorium Act) 
implemented provisions of the PSMA, and NOAA issued regulations under 
the Fishing Moratorium Act in 2011 and 2013. Since then, the provisions 
of the Fishing Moratorium Act have been amended by the Illegal, 
Unreported and Unregulated Fishing Enforcement Act of 2015 (Pub. L. 
114-81) and the Ensuring Access to Pacific Fisheries Act (Pub. L. 114-
327). This proposed rule would implement amendments made by these later 
two laws. NMFS will also propose changes to the definition of IUU 
fishing for the purposes of identifying and certifying nations.
    2. Amendments to the North Atlantic Right Whale Vessel Strike 
Reduction Rule (0648-BI88): Regulatory modifications are needed to 
further reduce the likelihood of mortalities and serious injuries to 
endangered North Atlantic right whales from vessel collisions, which 
are a primary cause of the species' decline and greatly contributing to 
the ongoing Unusual Mortality Event (2017-present). Following two 
decades of growth, the species has been in decline over the past decade 
with a population estimate of only 368 individuals as of 2019. Vessel 
strikes are one of the two primary causes of North Atlantic right whale 
mortality and serious injury across their range, and human-caused 
mortality to adult females in particular is limiting recovery of the 
species. Entanglement in fishing gear is the other primary cause of 
mortality and serious injury, which is being addressed by separate 
regulatory actions.
    3. Endangered and Threatened Wildlife and Plants; Revision of the 
Regulations for Listing Endangered and Threatened Species and 
Designation of Critical Habitat (0648-BJ44): This action responds to 
section 2 of the Executive Order on Protecting Public Health and the 
Environment and Restoring Science to Tackle the Climate Crisis (E.O. 
13990) and the associated Fact Sheet (List of Agency Actions for 
Review). This is a joint rulemaking by NMFS and the FWS (the Services) 
to rescind the regulatory definition of the term ``habitat.'' This 
previously undefined term was defined by regulation for the first time 
in 2020 for the purpose of designating critical habitat under the ESA. 
Pursuant to Executive Order 13990, the Services also considered the 
alternatives of retaining the existing habitat definition or revising 
the habitat definition and will be considering any alternatives 
provided during the public comment period on the proposed rule.
    4. Endangered and Threatened Wildlife and Plants; Regulations for 
Listing Species and Designating Critical Habitat (0648-BK47): This 
action responds to section 2 of the Executive Order on Protecting 
Public Health and the Environment and Restoring Science to Tackle the 
Climate Crisis (E.O. 13990) and the associated Fact Sheet (List of 
Agency Actions for Review). This is a joint rulemaking by the Services 
to revise joint regulations issued in 2019 implementing section 4 of 
the ESA. Specifically addressed in this action are joint regulations 
that address the classification of species as threatened or endangered 
and the criteria and process for designating critical habitat for 
listed species. Pursuant to Executive Order 13990, the Services 
reviewed the specific regulatory provisions that had been revised in 
the 2019 final rule. Following a review of the 2019 rule, the Services 
are proposing to revise a portion of these regulations but are also 
soliciting public comments on all aspects of the 2019 rule before 
issuing a final rule.
    5. Endangered and Threatened Wildlife and Plants; Revision of 
Regulations for Interagency Cooperation (0648-BK48): This action 
responds to section 2 of the Executive Order on Protecting Public 
Health and the Environment and Restoring Science to Tackle the Climate 
Crisis (E.O. 13990) and the associated Fact Sheet (List of Agency 
Actions for Review). This is a joint rulemaking by the Services to 
revise joint regulations implementing section 7 of the ESA, which 
requires Federal agencies to consult with the Services whenever any 
action the agency undertakes, funds, or authorizes may affect 
endangered or threatened species or their critical habitat, to ensure 
that the action does not jeopardize listed species or adversely modify 
critical habitat. In 2019, the Services revised various aspects of the 
regulations governing the consultation process under ESA Section 7 
including, significantly, how the Services define the ``effects of the 
action,'' which has importance for determining the scope of 
consultation. Pursuant to Executive Order 13990, the Services reviewed 
the specific regulatory provisions that had been revised in the 2019 
final rule. Following this review of the 2019 rule, the Services are 
proposing to revise a portion of these regulations, including ``effects 
of the action,'' but are also soliciting public comments on all aspects 
of the 2019 rule before issuing a final rule. In addition to revising 
provisions from the 2019 rule, the Services are proposing to clarify 
the responsibilities of a Federal agency and the Services regarding the 
requirement to reinitiate consultation.

The United States Patent and Trademark Office

    The USPTO's mission is to foster innovation, competitiveness, and 
economic growth, domestically and abroad, by delivering high quality 
and timely examination of patent and trademark applications, guiding 
domestic and international intellectual property policy, and delivering 
intellectual property information and education worldwide.

Major Programs and Activities

    The USPTO is responsible for granting U.S. patents and registering 
trademarks. This system of secured property rights, which has its 
foundation in Article I, Section 8, Clause 8, of the Constitution 
(providing that Congress shall have the power to ``promote the Progress 
of Science and useful Arts, by securing for limited Times to Authors 
and Inventors the exclusive Right to their respective Writings and 
Discoveries'') has enabled American industry to flourish. New products 
have been invented, new uses for old ones discovered, and employment 
opportunities created for millions of Americans. The continued demand 
for patents and trademarks underscores the importance to the U.S. 
economy of effective mechanisms to protect new ideas and investments in 
innovation, as well as the ingenuity of American inventors and 
entrepreneurs.
    In addition to granting patents and trademarks, the USPTO advises 
the President of the United States, the Secretary of Commerce, and U.S. 
government agencies on intellectual property (IP) policy, protection, 
and enforcement; and promotes strong and effective IP protection around 
the world. The USPTO furthers effective IP

[[Page 10990]]

protection for U.S. innovators and entrepreneurs worldwide by working 
with ther agencies to secure strong IP provisions in free trade and 
other international agreements. It also provides training, education, 
and capacity building programs designed to foster respect for IP and 
encourage the development of strong IP enforcement regimes by U.S. 
trading partners. As part of its work, the USPTO administers 
regulations located at title 37 of the Code of Federal Regulations 
concerning its patent and trademark services and the other functions it 
performs.

The USPTO's Regulatory Plan Actions

    1. Final Rule: Changes to Implement Provisions of the Trademark 
Modernization Act of 2020 (0651-AD55): The USPTO amends the rules of 
practice in trademark cases to implement provisions of the Trademark 
Modernization Act of 2020. This rule establishes ex parte expungement 
and reexamination proceedings for cancellation of a registration when 
the required use in commerce of the registered mark has not been made; 
provides for a new nonuse ground for cancellation before the Trademark 
Trial and Appeal Board; establishes flexible USPTO action response 
periods; and amends the existing letter-of-protest rule to indicate 
that letter-of-protest determinations are final and non-reviewable. The 
rule also sets fees for petitions requesting institution of ex parte 
expungement and reexamination proceedings, and for requests to extend 
USPTO action response deadlines.
    The two new ex parte proceedings created by this rulemaking--one 
for expungement and one for reexamination--are intended to help ensure 
the accuracy of the trademark register by providing a new mechanism for 
removing a registered mark from the trademark register or cancelling 
the registration as to certain goods and/or services, when the 
registrant has not used the mark in commerce. The proposed changes will 
give U.S. businesses new tools to clear away unused registered 
trademarks from the federal trademark register and will give the USPTO 
the ability to move applications through the system more efficiently.

Bureau of Industry and Security

    BIS advances U.S. national security, foreign policy, and economic 
objectives by maintaining and strengthening adaptable, efficient, and 
effective export control and treaty compliance systems as well as by 
administering programs to prioritize certain contracts to promote the 
national defense and to protect and enhance the defense industrial 
base.

Major Programs and Activities

    BIS administers four sets of regulations. The Export Administration 
Regulations (EAR) regulate exports and reexports to protect national 
security, foreign policy, and short supply interests. The EAR includes 
the Commerce Control List (CCL), which describes commodities, software, 
and technology that are subject to licensing requirements for specific 
reasons for control. The EAR also regulates U.S. persons' participation 
in certain boycotts administered by foreign governments. The National 
Security Industrial Base Regulations provide for prioritization of 
certain contracts and allocations of resources to promote the national 
defense, require reporting of foreign government-imposed offsets in 
defense sales, provide for surveys to assess the capabilities of the 
industrial base to support the national defense, and address the effect 
of imports on the defense industrial base. The Chemical Weapons 
Convention Regulations implement declaration, reporting, and on-site 
inspection requirements in the private sector necessary to meet United 
States treaty obligations under the Chemical Weapons Convention treaty. 
The Additional Protocol Regulations implement similar requirements for 
certain civil nuclear and nuclear-related items with respect to an 
agreement between the United States and the International Atomic Energy 
Agency.
    BIS also has an enforcement component with nine offices covering 
the United States, as well as BIS export control officers stationed at 
several U.S. embassies and consulates abroad. BIS works with other U.S. 
Government agencies to promote coordinated U.S. Government efforts in 
export controls and other programs. BIS participates in U.S. Government 
efforts to strengthen multilateral export control regimes and promote 
effective export controls through cooperation with other governments.
    In FY 2022, BIS plans to publish a number of proposed and final 
rules amending the EAR. These rules will cover a range of issues, 
including emerging and foundational technology, country specific 
policies, CCL revisions based on decisions by the four multilateral 
export control regimes (Australia Group, Missile Technology Control 
Regime, Nuclear Suppliers Group, and Wassenaar Arrangement), and 
implementation of any interagency agreed transfers from the United 
States Munitions List to the CCL.

BIS's Regulatory Plan Actions

    1. Authorization of Certain ``Items'' to Entities on the Entity 
List in the Context of Specific Standards Activities (0694-AI06): BIS 
is amending the EAR to clarify its applicability to releases of 
technology for standards setting or development to support U.S. 
participation in standards efforts.
    2. Commerce Control List: Implementation of Controls on 
``Software'' Designed for Certain Automated Nucleic Acid Assemblers and 
Synthesizers (0694-AI08): BIS is publishing this final rule to amend 
the CCL by adding a new Export Control Classification Number (ECCN) 
2D352 to control software that is designed for automated nucleic acid 
assemblers and synthesizers controlled under ECCN 2B352.j and capable 
of designing and building functional genetic elements from digital 
sequence data. These amendments to the CCL are based upon a finding, 
consistent with the emerging and foundational technologies interagency 
process set forth in section 1758 of the Export Control Reform Act of 
2018 (ECRA) (50 U.S.C. 4817), that such software is capable of being 
utilized in the production of pathogens and toxins and, consequently, 
the absence of export controls on such software could be exploited for 
biological weapons purposes.
    3. Information Security Controls: Cybersecurity Items (0694-AH56): 
In 2013, the Wassenaar Arrangement (WA), a multilateral export control 
regime in which the United States participates, added cybersecurity 
items to the WA List, including a definition for ``intrusion 
software.'' In 2015, public comments on a BIS proposed implementation 
rule revealed serious issues concerning scope and implementation 
regarding these controls. Based on these comments, as well as 
substantial commentary from Congress, the private sector, academia, 
civil society, and others on the potential unintended consequences of 
the 2013 controls, the U.S. government returned to the WA to 
renegotiate the controls. This interim final rule outlines the progress 
the United States has made in this area, revises implementation, and 
requests from the public information about the impact of these revised 
controls on U.S. industry and the cybersecurity community. These items 
warrant controls because these tools could be used for surveillance, 
espionage, or other actions that disrupt, deny or degrade the network 
or devices on it.
    4. Imposition of Export Controls on Certain Brain-Computer 
Interface (BCI)

[[Page 10991]]

Emerging Technology (0694-AI41): Section 1758 of ECRA, as codified 
under 50 U.S.C. 4817, authorizes BIS to establish appropriate controls 
on the export, reexport or transfer (in-country) of emerging and 
foundational technologies. Pursuant to ECRA, BIS has identified Brain 
Computer Interface technology as part of a representative list of 
technology categories for which BIS will seek public comment to 
determine whether this is an emerging technology that is important to 
U.S. national security and for which effective controls can be 
implemented. In this Advance Notice of Proposed Rulemaking, BIS is 
seeking comments specifically concerning whether this technology could 
provide the United States, or any of its adversaries, with a 
qualitative military or intelligence advantage. In addition, BIS is 
seeking public comments on how to ensure that the scope of any controls 
that may be imposed on this technology in the future would be effective 
and appropriate with respect to their potential impact on legitimate 
commercial or scientific applications.
    5. Foundational Technologies: Proposed Controls (0694-AH80): BIS is 
considering expanding controls on certain foundational technologies. 
Foundational technologies may be items that are currently subject to 
control for military end use or military end user reasons. 
Additionally, foundational technologies may be additional items, for 
which an export license is generally not required (except for certain 
countries), that also warrant review to determine if they are 
foundational technologies essential to the national security. For 
example, such controls may be reviewed if the items are being utilized 
or are required for innovation in developing conventional weapons or 
enabling foreign intelligence collection activities or weapons of mass 
destruction applications. In an effort to address this concern, this 
proposed rule would amend the CCL by adding controls on certain 
aircraft reciprocating or rotary engines and powdered metals and 
alloys. This rule requests public comments to ensure that the scope of 
these proposed controls will be effective and appropriate, including 
with respect to their potential impact on legitimate commercial or 
scientific applications.
    6. Removal of Certain General Approved Exclusions (GAEs) Under the 
Section 232 Steel and Aluminum Tariff Exclusions Process (0694-AH55): 
On December 14, 2020, BIS published an interim final rule (the December 
14 rule) that revised aspects of the process for requesting exclusions 
from the duties and quantitative limitations on imports of aluminum and 
steel discussed in three previous Commerce interim final rules 
implementing the exclusion process authorized by the President under 
section 232 of the Trade Expansion Act of 1962, as amended (232), as 
well as a May 26, 2020, notice of inquiry. The December 14 rule added 
123 General Approved Exclusions (GAEs) to the regulations. The addition 
of GAEs was an important step in improving the efficiency and 
effectiveness of the 232 exclusions process for certain Harmonized 
Tariff Schedule of the United States (HTSUS) codes for steel and 
aluminum that had not received objections. Commerce determined it could 
authorize imports under GAEs for these specified HTSUS codes for all 
importers instead of requiring each importer to submit an exclusion 
request. Subsequently, based on Commerce's review of the public 
comments received in response to the December 14 rule and additional 
analysis conducted by Commerce of 232 exclusion request submissions, 
Commerce determined that a subset of the GAEs added in the December 14 
rule did not meet the criteria for inclusion as a GAE and should 
therefore be removed. Commerce is removing these GAEs in this interim 
final rule to ensure that only those GAEs that meet the stated criteria 
from the December 14 rule will continue to be included as eligible 
GAEs. Lastly, this interim final rule makes two conforming changes to 
the GAE list for a recent change to one HTSUS classification and adds a 
footnote to both GAE supplements to address future changes to the 
HTSUS.

DOC--BUREAU OF INDUSTRY AND SECURITY (BIS)

Proposed Rule Stage

14. Section 1758 Technologies: Proposed Controls; Request for Comments 
[0694-AH80]

    Priority: Other Significant.
    Legal Authority: 50 U.S.C. 4801 to 4852
    CFR Citation: 15 CFR 742; 15 CFR 774.
    Legal Deadline: None.
    Abstract: The Bureau of Industry and Security (BIS), Department of 
Commerce, which maintains controls on the export, reexport, and 
transfer (in-country) of dual-use and less sensitive military items 
through the Export Administration Regulations (EAR), including the 
Commerce Control List (CCL), is considering imposing controls pursuant 
to Section 1758. This rule requests public comments to ensure that the 
scope of these proposed controls will be effective and appropriate, 
including with respect to their potential impact on legitimate 
commercial or scientific applications.
    Statement of Need: As part of the National Defense Authorization 
Act (NDAA) for Fiscal Year 2019 (Public Law 115-232), Congress enacted 
the Export Control Reform Act of 2018 (ECRA) (50 U.S.C. 4817). Section 
1758 of ECRA authorizes the Bureau of Industry and Security (BIS) to 
establish appropriate controls on the export, reexport, or transfer 
(in-country) of emerging and foundational technologies. With this 
proposed rule, BIS continues to identify technologies that may warrant 
more restrictive controls than they have at present and establishes a 
control framework applicable to certain unilaterally-controlled 
emerging and foundational technologies.
    Summary of Legal Basis: There are a variety of legal authorities 
under which BIS operates. However, ECRA (50 U.S.C. 4817) provides the 
most substantive legal basis for BIS's actions under this proposed 
rule.
    Alternatives: There are not alternatives to this rule. This rule 
serves as the first tranche of controls specifically outlining 
foundational technologies.
    Anticipated Cost and Benefits: The anticipated costs and benefits 
of this proposed rule are not applicable.
    Risks: There are no applicable risks to this proposed rule.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
ANPRM...............................   08/27/20  85 FR 52934
ANPRM Correction and Comment           10/09/20  85 FR 64078
 Extension.
ANPRM Comment Period End............   10/26/20
ANPRM Correction and Comment           11/09/20
 Extension Period End.
NPRM................................   02/00/23
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Government Levels Affected: None.
    International Impacts: This regulatory action will be likely to 
have international trade and investment effects, or otherwise be of 
international interest.
    Agency Contact: Logan D. Norton, Department of Commerce, Bureau of 
Industry and Security, 1401 Constitution Avenue, Washington, DC 20230, 
Phone: 202 812-1762, Email: [email protected].

[[Page 10992]]

    RIN: 0694-AH80

DOC--BIS

15. The Imposition of Emerging Technology Export Controls on 
Instruments for the Automated Chemical Synthesis of Peptides [0694-
AI84]

    Priority: Other Significant.
    Legal Authority: 50 U.S.C. 4817(a)(2)(C)
    CFR Citation: Not Yet Determined.
    Legal Deadline: None.
    Abstract: The Bureau of Industry and Security (BIS) has identified 
instruments for the automated synthesis of peptides (automated peptide 
synthesizers) for evaluation according to the criteria in section 1758 
of the Export Control Reform Act of 2018 (ECRA) pertaining to emerging 
and foundational technologies. On September 13, 2022, BIS published an 
advance notice of proposed rulemaking (87 FR 55930) that requested 
public comments on the potential uses of this technology, particularly 
with respect to its impact on U.S. national security (e.g., whether 
such technology could provide the United States, or any of its 
adversaries, with a qualitative military or intelligence advantage). 
Taking into consideration the public comments on BIS's September 2022 
ANPRM, this rule proposes to implement export controls on certain 
automated peptide synthesizers, consistent with the criteria in section 
1758 of ECRA.
    Statement of Need: Recent advances in peptide synthesis technology 
and instrumentation have increased both the speed of peptide synthesis 
and the length of peptide products, including peptides and proteins 
greater than 100 amino acids in length. Most protein toxins that are 
controlled under Export Control Classification Number (ECCN) 1C351 on 
the Commerce Control List (CCL) (see Supplement No. 1 to part 774 of 
the EAR) are over 100 amino acids in length and have an average length 
of 300 amino acids (with the notable exception of conotoxins, which 
range between 10-100 amino acids in length). Consequently, absent the 
imposition of additional controls on the export, reexport or transfer 
(in-country) of certain peptide synthesis technology and 
instrumentation (e.g., automated peptide synthesizers), there would be 
an increased risk that such technology and instrumentation could be 
used to produce controlled toxins for biological weapons purposes.
    Summary of Legal Basis: Certain instruments for the automated 
synthesis of peptides (automated peptide synthesizers) have been 
identified by BIS for evaluation according to the criteria in Section 
1758 of the Export Control Reform Act of 2018 (ECRA) (50 U.S.C. 4801-
4852) pertaining to emerging and foundational technologies.
    Alternatives: Consistent with 5 U.S.C. 603(c), BIS is considering 
significant alternatives to the imposition of controls on automated 
peptide synthesizers and will assess whether the alternatives would: 
(1) accomplish the stated objectives of this rule (consistent with the 
Section 1758 requirements in ECRA); and (2) minimize any significant 
economic impact of this rule on U.S. industry and academia. BIS could 
impose broad controls on automated peptide synthesizers that would 
capture most of these instruments. However, that option would have a 
greater impact not only on small businesses, but also on research and 
development laboratories (both academic and corporate), which are 
involved in advancing biological technology. BIS is considering focused 
controls on automated peptide synthesizers that are determined to be 
capable of posing a greater risk of diversion to biological weapons 
activities. BIS considers that this approach would be the least 
disruptive alternative for implementing export controls in a manner 
consistent with controlling technology that has been determined, 
through the Section 1758 technology interagency process authorized 
under ECRA, to be essential to U.S. national security.
    Anticipated Cost and Benefits: BIS estimates that it will receive 
roughly 15 license applications per year if Section 1758 export 
controls are imposed on automated peptide synthesizers. To the extent 
that compliance with these controls would impose a burden on U.S. 
industry and academia, BIS believes the burden would be minimal. In 
addition, the reclassification process would need to be done only once 
per license applicant for exports, reexports or transfers (in-country) 
of these items and, consequently, would constitute a one-time burden 
for each applicant. Similarly, assessing the availability of license 
exceptions and/or applying for and using BIS licenses would impose some 
minimal burden on affected persons. The benefit, from a national 
security perspective, would be the imposition of export controls on 
those automated peptide synthesizers that are determined to be capable 
of posing a greater risk of diversion to biological weapons activities.
    Risks: The imposition of overly broad (or otherwise improperly 
targeted) Section 1758 export controls on peptides or peptide 
synthesizers could impair the ability of companies in the United States 
to compete effectively with potential competitors in other countries, 
which could adversely affect the leadership of U.S. companies in the 
field of peptide manufacturing. On the other hand, failure to impose 
controls that effectively target those automated peptide synthesizers 
that could be of concern for biological weapons purposes, could 
increase the potential threat of terrorist attacks involving toxins 
produced by such synthesizers.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
ANPRM...............................   09/13/22  87 FR 5593
ANPRM Comment Period End............   10/28/22
NPRM................................   07/00/23
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Small Entities Affected: No.
    Government Levels Affected: None.
    Agency Contact: Willard Fisher, Export Administration Specialist, 
Department of Commerce, Bureau of Industry and Security, 14th Street 
and Pennsylvania Avenue NW, Washington, DC 20230, Phone: 202 482-2440, 
Fax: 202 482-3355, Email: [email protected].
    RIN: 0694-AI84

DOC--NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY (NIST)

Final Rule Stage

16. Updates to Bayh-Dole Implementing Regulations [0693-AB66]

    Priority: Other Significant.
    Legal Authority: 37 U.S.C. 206 et seq.
    CFR Citation: 37 CFR 401; 37 CFR 404; 37 CFR 501.
    Legal Deadline: None.
    Abstract: The revisions will add language to provide additional 
clarity in subject invention and utilization reporting requirements, 
U.S. industry preference, and other regulations that impact the 
transfer of technology from federally funded research and development. 
The final rule aims to improve the transition of federally funded 
innovations from the laboratory to the marketplace by reducing the 
regulatory burdens for technology transfer.
    Statement of Need: This rule would revise the Bayh Dole Act 
implementing regulations in order to make technical corrections; 
reorganize certain

[[Page 10993]]

subsections; remove outdated and/or unnecessary sections; improve 
reporting by federal agencies; and provide clarifications.
    Summary of Legal Basis: The rule revisions would be promulgated 
under the University and Small Business Patent Procedures Act of 1980, 
Public Law 96-517 (as amended), codified at 35 U.S.C. 200 et seq., 
commonly known as the Bayh-Dole Act or Bayh-Dole.
    Alternatives: There are not alternatives to this rule.
    Anticipated Cost and Benefits: The action would remove duplicative 
text, streamline the implementing regulations, and reduce regulatory 
burdens, all at no additional cost.
    Risks: There are no applicable risks to this rule.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   01/04/21  86 FR 35
NPRM Comment Period End.............   04/05/21
Final Action........................   12/00/22
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Undetermined.
    Government Levels Affected: Undetermined.
    Agency Contact: Henry N. Wixon, Chief Counsel for NIST, Department 
of Commerce, National Institute of Standards and Technology, 100 Bureau 
Drive, Stop 1052, Gaithersburg, MD 20899-1052, Phone: 301 975-2803, 
Fax: 301 926-6241, Email: [email protected].
    RIN: 0693-AB66

DOC--NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION (NOAA)

Final Rule Stage

17. Illegal, Unreported, and Unregulated Fishing; Fisheries 
Enforcement; High Seas Driftnet Fishing Moratorium Protection Act 
[0648-BG11]

    Priority: Other Significant.
    Legal Authority: Pub. L. 114-81
    CFR Citation: 50 CFR 300.
    Legal Deadline: None.
    Abstract: This proposed rule would make conforming amendments to 
regulations implementing the various statutes amended by the Illegal, 
Unreported and Unregulated Fishing Enforcement Act of 2015 (Pub. L. 
114-81). The Act amends several regional fishery management 
organization implementing statutes as well as the High Seas Driftnet 
Fishing Moratorium Protection Act. It also provides authority to 
implement two new international agreements under the Antigua 
Convention, which amends the Convention for the establishment of an 
Inter-American Tropical Tuna Commission, and the United Nations Food 
and Agriculture Organization Agreement on Port State Measures to 
Prevent, Deter, and Eliminate Illegal, Unreported and Unregulated 
Fishing (Port State Measures Agreement), which restricts the entry into 
U.S. ports by foreign fishing vessels that are known to be or are 
suspected of engaging in illegal, unreported, and unregulated fishing. 
This proposed rule would also implement the Port State Measures 
Agreement. To that end, this proposed rule would require the collection 
of certain information from foreign fishing vessels requesting 
permission to use U.S. ports. It also includes procedures to designate 
and publicize the ports to which foreign fishing vessels may seek entry 
and procedures for conducting inspections of these foreign vessels 
accessing U.S. ports. Further, the rule would establish procedures for 
notification of: the denial of port entry or port services for a 
foreign vessel, the withdrawal of the denial of port services if 
applicable, the taking of enforcement action with respect to a foreign 
vessel, or the results of any inspection of a foreign vessel to the 
flag nation of the vessel and other competent authorities as 
appropriate.
    Statement of Need: The United States is a signatory to the Port 
State Measures Agreement (PSMA). The agreement is aimed at combating 
illegal, unreported and unregulated (IUU) fishing activities through 
increased port inspection of foreign fishing vessels and thereby 
closing seafood markets to the products of illegal fishing. In 
addition, regulations to identify and certify nations for IUU fishing 
and other adverse fishing activities under the authority of the High 
Seas Driftnet Fishing Moratorium Protection Act must be updated to 
conform to statutory changes. NMFS will also propose changes to the 
definition of IUU fishing for the purposes of identifying and 
certifying nations under that Act.
    Summary of Legal Basis: This action is required under several 
statutes: Magnuson-Stevens Fishery Conservation and Management Act 
(P.L. 94-265 as amended by P.L. 109-479); Illegal, Unreported, and 
Unregulated Fishing Enforcement Act of 2015 (P.L. 114-81); Ensuring 
Access to Pacific Fisheries Act (P.L. 114-327); High Seas Driftnet 
Fishing Moratorium Protection Act (P.L. 104-43). The Secretary of 
Commerce is authorized to issue regulations to implement the statutory 
obligations to counter IUU fishing by foreign fishing vessels and to 
prevent the importation of illegally harvested seafood.
    Alternatives: Alternatives to taking action at the port would 
include taking action at sea against IUU fishing vessels and in the 
supply chain against detected IUU fishing products. At-sea monitoring 
and inspection is part of an overall strategy to combat IUU fishing, 
but it is extremely expensive, resources are limited, and the U.S. has 
limited jurisdiction to board foreign-flag vessels at sea. Likewise, 
tracing and removing illegal products already released into the U.S. 
seafood market would be difficult and resource intensive.
    Preventing entry of IUU fishing vessels into ports or investigating 
fishing vessels at the port is an efficient and effective approach to 
combat illegal activity and to prevent illegal products from entering 
the supply chain. There are no alternatives to the conforming 
amendments to the High Seas Driftnet Fishing Moratorium Protection Act. 
Without these changes, the implementing regulations would not be 
consistent with the revised statute. However, the statute authorizes 
the Secretary of Commerce to amend the regulatory definition of IUU 
fishing for the purposes of identifying and certifying nations. NMFS 
has considered several activities that constitute illegal fishing and 
proposes amendments to the definition to counter these forms of IUU 
fishing. Alternatives to amending the IUU fishing definition would 
include the adoption of binding measures at regional fishery 
organizations to counter the activities of concern. While NMFS is 
pursuing this approach, amending the definition provides a more direct 
means of addressing the problem through the identification of nations 
and potential trade restrictions.
    Anticipated Cost and Benefits: The anticipated costs will be 
minimal in that foreign vessels requesting permission to visit U.S. 
ports are already required to report. Under this rule, fishing vessel 
masters will have to include more information about the vessel and its 
cargo when they submit an electronic notice of arrival to the U.S. 
Coast Guard. Based on the information submitted, NMFS may deny port 
privileges for vessels known to have engaged in illegal fishing or may 
meet the vessel in port to conduct an inspection. The minimal 
additional data elements required of foreign fishing vessels will be 
submitted through the existing U.S. Coast Guard system for electronic 
Notices of Arrival and Departure, thus reporting costs are

[[Page 10994]]

not anticipated to affect shipping patterns, port usage, or 
international commerce. In addition, vessel inspections will be 
coordinated and planned based on the notice of arrival submitted prior 
to entry into port, thus delays for inspection will be minimal and not 
result in significant costs to legitimate vessels. Benefits of the rule 
will accrue when IUU vessels are denied entry, and illegal seafood 
products are precluded from the U.S. supply chain, thereby maintaining 
higher prices and market share for legitimate producers of fishery 
products. In addition, benefits will accrue from reduced costs of 
inspection and monitoring at ports of entry due to the advance notice 
provided and the ability of NMFS and Coast Guard to take a risk 
management approach to vessel inspection. Should the United States 
impose trade restrictions on foreign nations due to the expanded 
definition of IUU fishing, some costs would be borne by U.S. importers 
who would have to adjust their supply chains. However, many U.S. 
importers and seafood dealers are already adjusting supply chains to 
respond to consumer demand for lawfully-acquired, sustainable and 
environmentally responsible seafood. The benefits of additional steps 
to counter IUU fishing will accrue to law-abiding harvesters, 
processors and traders as fish stocks are recovered and they no longer 
must compete with illegitimate products in the supply chain.
    Risks: If the port entry reporting and inspection provisions of 
this rule were not implemented, there is an increased risk of IUU 
fishing vessels entering U.S. ports and/or the products of IUU fishing 
infiltrating the U.S. supply chain. In addition, the U.S. would be out 
of compliance with its international obligations under the PSMA. If the 
revisions to the High Seas Driftnet Fishing Moratorium Protection Act 
are not implemented through conforming amendments to the regulations 
and through additions to the definition of IUU fishing, nations might 
not be identified under the statute, therefore diminishing the 
likelihood of corrective actions to counter IUU fishing.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   07/08/22  87 FR 40763
NPRM Comment Period End.............   09/06/22
Final Action........................   12/00/22
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Small Entities Affected: Businesses.
    Government Levels Affected: Federal.
    International Impacts: This regulatory action will be likely to 
have international trade and investment effects, or otherwise be of 
international interest.
    Agency Contact: Alexa Cole, Director, Office of International 
Affairs and Seafood Inspection, Department of Commerce, National 
Oceanic and Atmospheric Administration, 1315 East-West Highway, Silver 
Spring, MD 20910, Phone: 301 427-8286, Email: [email protected].
    RIN: 0648-BG11

DOC--NOAA

18. Amendments to the North Atlantic Right Whale Vessel Strike 
Reduction Rule [0648-BI88]

    Priority: Other Significant.
    Legal Authority: 16 U.S.C. 1361 et seq.; 16 U.S.C. 1531 et seq.
    CFR Citation: 50 CFR 224.
    Legal Deadline: None.
    Abstract: NMFS has completed a review of the North Atlantic right 
whale vessel speed rule (per 50 CFR 224.105; 78 FR 73726, December 9, 
2013). Through this action, NMFS invites comment on the report as well 
as information that may inform potential revisions to existing 
management strategies and regulations to further reduce the risk of 
vessel strikes of North Atlantic right whales.
    Statement of Need: This action is needed to further reduce the 
likelihood of mortalities and serious injuries to endangered North 
Atlantic right whales from vessel collisions, which are a leading cause 
of the species' decline and contributing to the ongoing Unusual 
Mortality Event (2017-present). Following two decades of growth, the 
species has been in decline over the past decade with a best population 
estimate of fewer than 350 individuals. Entanglement in fishing gear 
and vessel strikes are the two primary causes of North Atlantic right 
whale mortality and serious injury across their range, and human-caused 
mortality to adult females, in particular, is limiting recovery of the 
species.
    Summary of Legal Basis: NMFS is implementing this rule pursuant to 
its rulemaking authority under MMPA section 112(a) (16 U.S.C. 1382(a)), 
and ESA section 11(f) (16 U.S.C. 1540(f)).
    Alternatives: In January 2021, NMFS released, and solicited public 
comment on, an assessment of the current right whale vessel speed rule 
(50 CFR 224.105). The assessment highlighted the need to address 
collision risk from vessels less than 65 ft in length and modify the 
boundaries and timing of Seasonal Management Areas (SMAs) to better 
reflect current whale and vessel traffic distribution, along with other 
recommendations to improve vessel strike mitigation efforts. In 2022, 
NMFS completed a coastwide right whale vessel strike risk model 
(Garrison et al. 2022), which informed development of the proposed 
modifications to the existing speed rule. At the proposed rule stage, 
there are a number of alternatives considered in the draft Regulatory 
Impact Review and draft Environmental Assessment. The Preferred 
Alternative would modify the spatial and temporal boundaries of the 
existing SMAs to create newly proposed Seasonal Speed Zones (SSZs), add 
smaller vessels down to 35 ft in length, and establish a mandatory 
Dynamic Speed Zone program.
    Anticipated Cost and Benefits: Under the Preferred Alternative, 
NMFS estimated modifications to the speed rule would cost just over $46 
million per year. Estimated costs would be borne primarily by the 
owners and operators of vessels currently transiting within newly 
expanded portions of SSZs along the U.S. East Coast. Owners and 
operators of vessels of applicable size classes that regularly transit 
within active SSZs at speeds in excess of 10 knots would be most 
affected. Vessels operating in the Northeast and Mid-Atlantic regions 
are expected to bear the majority of costs (89%). Potential benefits 
stemming from this action include a reduction in North Atlantic right 
whale mortalities and serious injuries resulting from collisions with 
vessels, with potential reduction in vessel strike risk for other large 
whale species.
    Risks: This will be a high-profile action and is essential to 
ensure long-term recovery of North Atlantic right whales. Given the 
endangered status of the North Atlantic right whale, the large 
geographic area, and number of stakeholders subject to the updated 
regulations, modification to the current speed rule will be both 
controversial and of high interest. Changes to the current speed rule 
are necessary to: (1) address a misalignment between existing Seasonal 
Management Areas and places/times with elevated strike risk, and (2) 
mitigate currently unregulated lethal strike risk from vessels 35-65 ft 
in length.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   08/01/22  87 FR 46921

[[Page 10995]]

 
NPRM Comment Period End.............   09/30/22
NPRM Comment Period Extension.......   09/16/22  87 FR 56925
NPRM Comment Period Extension End...   10/31/22
Final Action........................   06/00/23
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Small Entities Affected: Businesses.
    Government Levels Affected: None.
    Agency Contact: Kim Damon-Randall, Director, Office of Protected 
Resources, Department of Commerce, National Oceanic and Atmospheric 
Administration, 1315 East-West Highway, Silver Spring, MD 20910, Phone: 
301 427-8400, Email: [email protected].
    Related RIN: Related to 0648-AS36
    RIN: 0648-BI88

DOC--PATENT AND TRADEMARK OFFICE (PTO)

Proposed Rule Stage

19.  Setting and Adjusting Trademark Fees [0651-AD65]

    Priority: Other Significant. Major status under 5 U.S.C. 801 is 
undetermined.
    Legal Authority: Pub. L. 112-29
    CFR Citation: 37 CFR 2.
    Legal Deadline: None.
    Abstract: The United States Patent and Trademark Office (USPTO or 
Office) takes this action to set and adjust Trademark fee amounts to 
provide the Office with a sufficient amount of aggregate revenue to 
recover its aggregate cost of operations while helping the Office 
maintain a sustainable funding model, ensure the integrity of the 
Trademark register, and promote efficiency of processes.
    Statement of Need: The purpose of this rule is to set and adjust 
trademark fee amounts to provide sufficient aggregate revenue to cover 
the agency's aggregate cost of operations. To this end, this rule 
creates new or changes existing fees for trademark services.
    Summary of Legal Basis: The Leahy-Smith America Invents Act (AIA), 
enacted in 2011, provided USPTO with the authority to set and adjust 
its fees for patent and trademark services. This authority was extended 
by the Study of Underrepresented Classes Chasing Engineering and 
Science Success (SUCCESS) Act of 2018. Since then, USPTO has conducted 
an internal biennial fee review, in which it undertook internal 
consideration of the current fee structure, and considered ways that 
the structure might be improved, including rulemaking pursuant to the 
USPTO's fee-setting authority. This fee review process involves public 
outreach, including, as required by the Act, a public hearing held by 
the USPTO's Trademark Public Advisory Committee, as well as public 
comment and other outreach to the user community and public in general.
    Alternatives: This rulemaking action is currently in development 
and alternatives have not yet been determined.
    Anticipated Cost and Benefits: This rulemaking action is currently 
in development and aggregate annual economic impacts have not yet been 
determined. The user fees charged by the USPTO for its services are 
considered transfer payments that do not affect the total resources 
available to society, and therefore the changes to trademark fees 
proposed by this rulemaking are transfers, and are not costs of this 
rulemaking.
    Risks: The USPTO will set and adjust trademark fee amounts to 
provide the Office with a sufficient amount of aggregate revenue to 
recover its aggregate cost of operations while helping the Office 
maintain a sustainable funding model, ensure the integrity of the 
Trademark register, and promote efficiency of processes. Therefore, one 
risk of taking no action could be that USPTO might not be able to 
recover its aggregate costs of operations in the long run.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   11/00/23
NPRM Comment Period End.............   01/00/24
Final Action........................   07/00/24
Final Action Effective..............   09/00/24
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Small Entities Affected: Businesses, Organizations.
    Government Levels Affected: None.
    Agency Contact: Brendan Hourigan, Director, Office of Planning and 
Budget, Department of Commerce, Patent and Trademark Office, P.O. Box 
1450, Alexandria, VA 22313-1450, Phone: 571 272-8966, Fax: 571 273-
8966, Email: [email protected].
    RIN: 0651-AD65
BILLING CODE 3410-12-P

DEPARTMENT OF DEFENSE

Statement Of Regulatory Priorities

Background

    The Department of Defense (DoD) is the largest Federal department, 
employing over 1.6 million military personnel and 750,000 civilians 
with operations all over the world. DoD's enduring mission is to 
provide combat-credible military forces needed to deter war and protect 
the security of our nation. To guide this mission, the Secretary of 
Defense has outlined three top priorities, which are to defend the 
nation, take care of our people, and succeed through teamwork. In 
addition, the National Defense Strategy sets out how DoD will 
contribute to advancing and safeguarding vital U.S. national 
interests--protecting the American people, expanding America's 
prosperity, promoting global security, seizing new strategic 
opportunities, and realizing and defending our democratic values. 
Because of this expansive and diversified mission and reach, DoD 
regulations can address a broad range of matters and have an impact on 
varied members of the public, as well as other federal agencies.
    Pursuant to Executive Order 12866, ``Regulatory Planning and 
Review'' (September 30, 1993) and Executive Order 13563, ``Improving 
Regulation and Regulatory Review'' (January 18, 2011), the DoD issues 
this Regulatory Plan and Agenda to provide notice about the DoD's 
regulatory and deregulatory actions.

Retrospective Review of Existing Regulations

    Pursuant to section 6 of Executive Order 13563 ``Improving 
Regulation and Regulatory Review'' (January 18, 2011), the Department 
continues to review existing regulations with a goal to eliminate 
outdated, unnecessary, or ineffective regulations; account for the 
currency and legitimacy of each of the Department's regulations; and 
ultimately reduce regulatory burden and costs.

DOD Priority Regulatory Actions

    The regulatory and deregulatory actions identified in this 
Regulatory Plan embody the core of DoD's regulatory priorities for 
Fiscal Year (FY) 2023 and help support President Biden's regulatory 
priorities, the Secretary of Defense's top priorities, and those 
priorities set out in the National Defense Strategy. The DoD regulatory 
prioritization is focused on initiatives that:

[[Page 10996]]

     Promote the country's economic resilience, including 
addressing COVID-related and other healthcare issues.
     Support underserved communities and improve small business 
opportunities.
     Promote competition in the American economy.
     Promote diversity, equity, inclusion, and accessibility in 
the Federal workforce.
     Support national security efforts, especially safeguarding 
Federal Government information and information technology systems.
     Tackle the climate crisis and protect the environment; and
     Address military family matters.

Rules That Promote the Country's Economic Resilience

Pandemic COVID-19 Rules

    Pursuant to Executive Order 13987, ``Organizing and Mobilizing the 
United States Government to Provide a Unified and Effective Response to 
Combat COVID-19 and to Provide United States Leadership on Global 
Health and Security,'' January 20, 2021; Executive Order 13995, 
``Ensuring an Equitable Pandemic Response and Recovery,'' January 21, 
2021; Executive Order 13997, ``Improving and Expanding Access to Care 
and Treatments for COVID-19,'' January 21, 2021; and Executive Order 
13999, ``Protecting Worker Health and Safety,'' January 21, 2021, the 
Department temporarily modified its TRICARE regulation so TRICARE 
beneficiaries have access to the most up-to-date care required for the 
diagnosis and treatment of COVID-19. TRICARE continues to reimburse 
like Medicare, to the extent practicable, as required by statute. The 
Department is researching the impacts of making some of those 
modifications permanent and may pursue such future action.
    These modifications include:
TRICARE Coverage of National Institute of Allergy and Infectious 
Disease--Coronavirus Disease 2019 Clinical Trials. RIN 0720-AB83
    This final rule is required to finalize certain temporary 
flexibilities enacted in interim final rules published in 2020 in 
response to the COVID-19 pandemic. This rule finalizes provisions 
published in two interim final rules (IFRs) with request for comment, 
which temporarily added coverage for the treatment use of investigation 
drugs under U.S. Food and Drug Administration (FDA) approved expanded 
access programs when for the treatment of coronavirus disease 2019 
(COVID-19) and permitted coverage of National Institute of Allergy and 
Infectious Disease (NIAID)-sponsored clinical trials for the treatment 
or prevention of COVID-19.
Expanding TRICARE Access to Care in Response to the COVID-19 Pandemic. 
RIN 0720-AB85
    This interim final rule with comment will temporarily amend the 
TRICARE regulation at 32 CFR part 199 by: (1) adding freestanding End 
Stage Renal Disease facilities as a category of TRICARE-authorized 
institutional provider and modifying the reimbursement for such 
facilities; and (2) adopting Medicare New COVID-19 Treatments Add-on 
Payments (NTCAPs). The TRICARE regulation is temporarily being modified 
(except for the modifications to paragraphs 199.6(b)(4)(xxi) and 
199.14(a)(1)(iii)(E)(7), which will not expire), but, in each case, 
only to the extent necessary to ensure that TRICARE beneficiaries have 
access to the most up-to-date care required for the prevention, 
diagnosis, and treatment of COVID-19, and that TRICARE continues to 
reimburse like Medicare, to the extent practicable, as required by 
statute. The modifications to paragraphs 199.6(b)(4)(xxi) and 
199.14(a)(1)(iii)(E)(7) establish freestanding End Stage Renal Disease 
(ESRD) facilities as a category of TRICARE-authorized institutional 
provider and modify TRICARE reimbursement of freestanding ESRD 
facilities. These provisions will improve TRICARE beneficiary access to 
medically necessary dialysis and other ESRD services and supplies. 
These provisions also support the requirement that TRICARE reimburse 
like Medicare, and will help to alleviate regional health care 
shortages due to the COVID-19 pandemic by ensuring access to dialysis 
care in freestanding ESRD facilities rather than hospital outpatient 
departments. The modification to paragraph 199.14(a)(iii)(E) adopts 
Medicare's New COVID-19 Treatments Add-on Payment (NCTAP) for COVID-19 
cases that meet Medicare's criteria. This provision increases access to 
emerging COVID-19 treatments and supports the requirement that TRICARE 
reimburse like Medicare.
Restriction on Acquisition of Personal Protective Equipment and Certain 
Items From Non-Allied Foreign Nations (DFARS Case 2022-D009). RIN 0750-
AL60
    This rule implements section 802 of the National Defense 
Authorization Act for Fiscal Year 2022, which prohibits acquisition of 
personal protective equipment related to healthcare and certain other 
healthcare-related items from non-allied foreign nations. Decreasing 
dependence on personal protective equipment and certain other items 
originating in non-allied foreign nations is a matter of public health 
and national security, especially during a declared public health 
emergency. The domestic supply chain for personal protective equipment 
and certain other items is critical. An adequate continued supply is 
vital to ensure domestic control with minimal disruption in production 
and to reduce U.S. dependence on non-allied foreign nations. Potential 
benefits of this rule will be the elimination of counterfeit covered 
items within the domestic supply chain and reduced dependence on 
foreign sources that are not allies of the United States. In addition, 
this restriction will further promote growth in domestic capabilities 
and may provide additional opportunities to domestic small businesses 
for future procurement and manufacturing efforts, increasing domestic 
sourcing of personal protective equipment and other covered items.

Medical Debt Relief

Collection From Third Party Payers of Reasonable Charges for Healthcare 
Services. RIN 0720-AB87
    This rule discusses new debt waiver process for medical debt owed 
for services rendered at Military Treatment Facilities to civilians who 
are not covered beneficiaries and implements section 702 of the FY 2021 
NDAA. Under section 702, the Secretary of Defense may waive a fee 
charged to a civilian who is not a covered beneficiary if after any 
insurance payments the civilian is not able to pay for the trauma or 
other medical care provided to the civilian; and the provision of such 
care enhanced the medical readiness of the health care provider or 
health care providers furnishing such care.
Executive Order 13985, ``Advancing Racial Equity and Support for 
Underserved Communities Through the Federal Government'' January 20, 
2021

Rules That Promote Diversity, Equity, Inclusion, and Accessibility in 
the Federal Workforce

Nondiscrimination on the Basis of Disability in Program or Activities 
Assisted or Conducted by the DoD and in Equal Access to Information and 
Communication Technology Used by DoD, and Procedures for Resolving 
Complaints. RIN: 0790-AJ04
    Revisions to this regulation: (1) update and clarify the 
obligations that

[[Page 10997]]

Section 504 of the Rehabilitation Act of 1973 (section 504) imposes on 
recipients of Federal financial assistance and the Military Departments 
and Components (DoD Components); (2) reflect the most current Federal 
statutes and regulations, as well as developments in Supreme Court 
jurisprudence, regarding unlawful discrimination on the basis of 
disability and promotes consistency with comparable provisions 
implementing title II of the Americans with Disabilities Act (ADA); (3) 
implement section 508 of the Rehabilitation Act of 1973 (section 508), 
requiring DoD make its electronic and information technology accessible 
to individuals with disabilities; (4) establish and clarify obligations 
under the Architectural Barriers Act of 1968 (ABA), which requires that 
DoD make facilities accessible to individuals with disabilities; and 
(5) Provide complaint resolution and enforcement procedures pursuant to 
section 504 and the complaint resolution and enforcement procedures 
pursuant to section 508. These revisions incorporate the directive of 
Executive Order 14035, ``Diversity, Equity, Inclusion, and 
Accessibility in the Federal Workforce'' by defining, clarifying, 
advancing accessibility throughout DoD programs and activities.
USACE Implementing Procedures for Principles, Requirements, and 
Guidelines Applicable to Actions Involving Investment in Water 
Resources. RIN 0710-AB41
    Section 2031 of the Water Resources Development Act of 2007 (Pub. 
L. 110-114) called for revisions to the 1983 Principles and Guidelines 
for Water and Land Related Resources Implementation Studies, resulting 
in the issuance of the Principles and Requirements (P&R) guidance 
document in March 2013 and the Interagency Guidelines in December 2014, 
which together comprise the Principles, Requirements, and Guidelines 
(PR&G). The PR&G are intended to provide a common framework and 
comprehensive policy and guidance for analyzing a diverse range of 
water resources projects, programs, activities, and related actions 
involving Federal investment in water resources. The U.S. Army Corps of 
Engineers (Corps) proposes a regulation to show how it would apply the 
PR&G to the Corps' mission and authorities. In this proposed 
regulation, the Corps intends to increase consistency and compatibility 
in Federal water resources investment decision making to include 
considerations such as analyzing a broader range of long-term costs and 
benefits, enhancing collaboration, including a more thorough and 
transparent risk and uncertainty analyses, and improving resilience for 
dealing with emerging challenges, including climate change.
Flood Control Cost-Sharing Requirements Under the Ability To Pay 
Provision. RIN: 0710-AB34
    Section 103(m) of the Water Resources Development Act (WRDA) of 
1986, as amended (33 U.S.C. 2213(m)), authorizes the USACE to reduce 
the non-Federal share of the cost of a study or project for certain 
communities that are not able financially to afford the standard cost-
share. Part 241 of title 33 in the Code of Federal Regulations provides 
the criteria that the USACE uses in making these determinations where 
the primary purpose of the study or project is flood damage reduction. 
The proposed rule would update this regulation, by broadening its 
applicability to include projects with other purposes (instead of just 
flood damage reduction) and the feasibility study of a project (instead 
of just design and construction). The WRDA 2000 modified section 103(m) 
to also include the following mission areas: environmental protection 
and restoration, flood control, navigation, storm damage protection, 
shoreline erosion, hurricane protection, and recreation or an 
agricultural water supply project which have not yet been added to the 
regulation. It also included the opportunity to cost share all phases 
of a USACE project to also include feasibility in addition to the 
already covered design and construction. This rule would provide a 
framework for deciding which projects are eligible for consideration 
for a reduction in the non-Federal cost share based on ability to pay.

Rules That Support Underserved Communities and Improve Small Business 
Opportunities

Rules of Particular Interest to Small Business

Small Business Innovation Research Program Data Rights (DFARS Case 
2019-D043). RIN 0750-AK84
    This rule implements changes made by the Small Business 
Administration (SBA) related to data rights in the Small Business 
Innovation Research (SBIR) Program and Small Business Technology 
Transfer (STTR) Program Policy Directive, published in the Federal 
Register on April 2, 2019 (84 FR 12794). The SBIR and STTR programs 
fund a diverse portfolio of startups and small businesses across 
technology areas and markets to stimulate technological innovation, 
meet Federal research and development (R&D) needs, and increase 
commercialization to transition R&D into impact. The final SBA Policy 
Directive includes several revisions to clarify data rights, which 
require corresponding revisions to the Defense Federal Acquisition 
Regulation Supplement (DFARS). These changes include harmonizing 
definitions, lengthening the SBIR/STTR protection period from 5 years 
to 20 years, and providing for the granting of Government-purpose 
rights license in place of an unlimited rights license upon expiration 
of the SBIR/STTR protection period.

Executive Order 14036, ``Promoting Competition in the American 
Economy'' July 9, 2021

Rule That Promotes Competition in the American Economy

Past Performance of Subcontractors and Joint Venture Partners (DFARS 
Case 2018-D055). RIN 0750-AK16
    This rule implements section 823 of the National Defense 
Authorization Act for Fiscal Year 2019, which establishes a requirement 
for use of the best available information regarding past performance of 
subcontractors and joint venture partners when awarding DoD 
construction and architect-engineer contracts. Section 823 requires 
annual performance evaluations for first-tier subcontractors and 
individual parties to joint ventures performing construction and 
architect-engineer contracts valued at either $750,000 or more, or 20 
percent of the value of the prime contract (whichever is higher), in 
accordance with specified conditions. In addition, processes for 
exceptions from the annual evaluation requirement will be established 
for construction and architect-engineer contracts where submission of 
annual evaluations would not provide the best representation of the 
performance of a contractor, including subcontractors and joint venture 
partners under specified conditions. This rule will make it easier for 
subcontractors and individual parties to joint ventures to establish a 
record of their past performance. These entities will be able to take 
credit for the work they performed on contracts and subcontracts, which 
will help them be more competitive when bidding on future DoD 
contracts. This will help increase competition for DoD contracts.

[[Page 10998]]

Defense Commercial Solutions Opening (DFARS Case 2022-D006). RIN 0750-
AL57
    This rule implements section 803 of the National Defense 
Authorization Act for Fiscal Year 2022 (Pub. L. 117-81), which 
establishes a permanent authority for the Secretary of Defense and 
those of the military departments to acquire innovative commercial 
products and commercial services through a competitive selection of 
proposals resulting from a general solicitation and the peer review of 
such proposals. Products and services purchased under this authority 
are treated as commercial. This rule will enable DoD to access 
innovative products and services of entities that may not have done 
business with DoD in the past. Such entities may compete for additional 
DoD contracts, thereby increasing competition for DoD contracts.
Modification of Prize Authority for Advanced Technology Achievements 
(DFARS Case 2022-D014). RIN 0750-AL65
    This rule implements section 822 of the National Defense 
Authorization Act for Fiscal Year 2022 (Pub. L. 117-81). Section 822 
revises 10 U.S.C. 2374a regarding the award of prizes for advanced 
technology achievement to: (1) authorize the award of procurement 
contracts and other agreements ``as another type of prize'' (as in 
other than cash prizes); (2) permit the award of prizes, including 
procurement contracts and other agreements, in excess of $10,000,000 
with the approval of the Under Secretary of Defense for Research and 
Engineering; and (3) require DoD provide Congress with notice of an 
award of a procurement contract or other agreement under this program 
that exceeds $10 million. This rule will help to expand the Defense 
Industrial Base, thereby increasing competition for future DoD 
contracts.
DFARS Buy American Act Requirements (DFARS Case 2022-D019). RIN 0750-
AL74
    This rule implements the requirements of Executive Order 14005, 
Ensuring the Future Is Made in All of America by All of America's 
Workers. Changes to the Federal Acquisition Regulation (FAR) are being 
made via RIN 9000-AO22 (FAR Case 2021-008, Amendments to the FAR Buy 
American Act Requirements). This rule proposes conforming changes to 
the DFARS.

Rules That Support National Security Efforts

Assessing Contractor Implementation of Cybersecurity Requirements 
(DFARS Case 2019-D041). RIN 0750-AK81
    The purpose of this rule is to ensure that Defense Industrial Base 
(DIB) contractors will adequately protect sensitive unclassified 
information at a level commensurate with the risk, accounting for 
information flow down to its subcontractors in a multi-tier supply 
chain.
Cybersecurity Maturity Model Certification (CMMC) Program. RIN 0790-
AL49
    This rule establishes a requirement for Defense Industrial Base 
(DIB) contractors to be assessed against the Cybersecurity Maturity 
Model Certification (CMMC) 2.0 in order to qualify for award of 
designated future DoD contracts. This model is designed to provide 
increased assurance to the Department that contractors are compliant 
with existing information security standards for Federal Contract 
Information (FCI) and Controlled Unclassified Information (CUI) and are 
fully capable of protecting such information at a level commensurate 
with risk from cybersecurity threats.
Department of Defense (DoD)-Defense Industrial Base (DIB) Cybersecurity 
(CS) Activities. RIN: 0790-AK86
    This rule will allow a broader community of defense contractors to 
access to relevant cyber threat information the Department believes is 
critical in defending unclassified networks and information systems and 
protecting DoD warfighting capabilities. These revisions seek to 
address the increasing cyber threat targeting all defense contractors 
by expanding eligibility to defense contractors that process, store, 
develop, or transmit DoD Controlled Unclassified Information (CUI). 
This rule is part of DoD's approach to collaborate with industry to 
counter cyber threats through information sharing.

Rules That Tackle the Climate Crisis and Protect the Environment

Policy and Procedures for Processing Requests To Alter U.S. Army Corps 
of Engineers Civil Works Projects Pursuant to 33 U.S.C. 408. RIN: 0710-
AB22
    Where a party other than the USACE seeks to use or alter a Civil 
Works project that USACE constructed, the proposed use or alteration is 
subject to the prior approval of the USACE. Some examples of such 
alterations include an improvement to the project; relocation of part 
of the project; or installing utilities or other non-project features. 
These alterations may be proposed by local or state governments, other 
federal agencies, private corporations, or private citizens, for 
example. This requirement was established in section 14 of the Rivers 
and Harbors Act of 1899 and is codified at 33 U.S.C. 408 (section 408). 
Section 408 provides that the USACE may grant permission for another 
party to alter a Civil Works project, upon a determination that the 
alteration proposed will not be injurious to the public interest and 
will not impair the usefulness of the Civil Works project. The USACE is 
proposing to convert its policy that governs the section 408 program to 
a binding regulation. This policy, Engineer Circular 1165-2-220, 
Policy, and Procedural Guidance for Processing Requests to Alter U.S. 
Army Corps of Engineers Civil Works Projects Pursuant to 33 U.S.C. 408, 
was issued in September 2018.
Natural Disaster Procedures: Preparedness, Response, and Recovery 
Activities of the Corps of Engineers. RIN 0710-AA78
    The U.S. Army Corps of Engineers (Corps) is proposing to update the 
Federal regulation that covers the procedures that the Corps uses under 
section 5 of the Flood Control Act of 1941, as amended (33 U.S.C. 
701n), commonly referred to as Public Law 84-99. The Corps relies on 
this program to prepare for, respond to, and help communities recover 
from a flood, hurricane, or other natural disaster, including the 
repair of damage to eligible flood risk reduction infrastructure. The 
Corps initiated this rulemaking process through an advanced notice of 
proposed rulemaking (ANPRM) on February 13, 2015. As a next step, the 
Corps is planning to propose revisions to the program to address 
statutory changes under various Water Resources Development Act 
provisions and to formalize certain agency guidance relating to natural 
disaster procedures. Hurricane Katrina (2005), Hurricane Sandy (2012), 
flooding on the Mississippi and Missouri Rivers (2008, 2011, and 2013), 
and Hurricanes Harvey, Irma, and Maria (2017) have provided a more 
detailed understanding of the nature and severity of risk associated 
with flood control projects. In addition, the maturation of risk-
informed decision-making approaches and technological advancements 
influenced the outlook on the implementation of Public Law 84-99 
activities, with a shift toward better

[[Page 10999]]

alignment with Corps Levee Safety and National Flood Risk Management 
Programs, as well as the National Preparedness and Response Frameworks. 
Through these programs, the Corps works with non-Federal sponsors and 
stakeholders to assess, communicate, and manage the risks to people, 
property, and the environment associated with levee systems and flood 
risks.
Credit Assistance for Water Resources Infrastructure Projects. RIN: 
0710-AB31
    The USACE proposes to implement a new credit program for dam safety 
work at non-Federal dams. The program is authorized under the Water 
Infrastructure Finance and Innovation Act of 2014 (WIFIA) and Division 
D, Title 1 of the Consolidated Appropriations Act of 2021. WIFIA 
authorizes the USACE to provide secured (direct) loans and loan 
guarantees (Federal Credit instruments) to eligible water resources 
infrastructure projects and to charge fees to recover all or a portion 
of the USACE' cost of providing credit assistance and the costs of 
conducting engineering reviews and retaining expert firms, including 
financial and legal services, to assist in the underwriting and 
servicing of Federal credit instruments. Projects would be evaluated 
and selected by the Secretary of the Army (the Secretary), based on the 
requirements and the criteria described in this rule.
Appendix C Procedures for the Protection of Historic Properties. RIN 
0710-AB46
    The U.S. Army Corps of Engineers (Corps) considers the effects of 
its actions on historic properties pursuant to section 106 of the 
National Historic Preservation Act (NHPA). The Corps' Regulatory 
Program's regulations for complying with the NHPA are outlined at 33 
CFR 325 Appendix C. Since these regulations were promulgated in 1990, 
there have been amendments to the NHPA and revisions to the Advisory 
Council on Historic Preservation's (ACHP) regulations at 36 CFR part 
800. In response, the Corps issued interim guidance until rulemaking 
could be completed in order to ensure full compliance with the NHPA and 
ACHP's regulations. Appendix C is intended to provide the implementing 
procedures for the Regulatory Program's compliance with Section 106 of 
the National Historic Preservation Act.
    Rulemaking is required to ensure the Regulatory Program is 
compliant with the NHPA and ACHP's implementing regulations at 36 CFR 
800 for federal agency compliance with Section 106.
Revised Definition of ``Waters of the United States''--Rule 1 RIN: 
0710--AB40. Related RIN: 2040-AG19
    In April 2020, the EPA, and the Department of the Army (``the 
agencies'') published the Navigable Waters Protection Rule (NWPR) that 
revised the previously codified definition of ``waters of the United 
States'' (85 FR 22250, April 21, 2020). The agencies are now initiating 
this new rulemaking process that restores the regulations (51 FR 41206) 
in place prior to the 2015 ``Clean Water Rule: Definition of `Waters of 
the United States'' (80 FR 37054, June 29, 2015), updated to be 
consistent with relevant Supreme Court decisions. The agencies 
conducted a substantive re-evaluation of the definition of ``waters of 
the United States'' in accordance with the Executive Order 13990 and 
determined that they need to revise the definition to ensure the 
definition is consistent with the best available science, protects the 
environment, ensures access to clean water, considers how climate 
change resiliency may be affected by the definition of waters of the 
United States, and ensures environmental justice is prioritized in the 
rulemaking process. The agencies intend to consider further revisions 
in a second rule in light of additional stakeholder engagement and 
implementation considerations, scientific developments, and 
environmental justice values. This effort will also be informed by the 
experience of implementing the pre-2015 rule, the 2015 Clean Water 
Rule, and the 2020 Navigable Waters Protection Rule.
Revised Definition of ``Waters of the United States''--Rule 2 RIN: 
0710-AB47
    The Department of the Army and the Environmental Protection Agency 
intend to pursue a second rule defining ``Waters of the United States'' 
to consider further revisions to the agencies' first rule (RIN 0710-
AB40) which proposes to restore the regulations in place prior to the 
2015 ``Clean Water Rule: Definition of 'Waters of the United States'' 
(80 FR 37054, June 29, 2015), updated to be consistent with relevant 
Supreme Court Decisions, and reflect a reasonable interpretation based 
on the record before the agencies, including the best available 
science. This second rule proposes to include revisions reflecting on 
additional stakeholder engagement and implementation considerations, 
scientific developments, and environmental justice values. This effort 
will also be informed by the experience of implementing the pre-2015 
rule, the 2015 Clean Water Rule, and the 2020 Navigable Waters 
Protection Rule.

Rules That Address Military Family Matters

Definitions of Gold Star Family and Gold Star Survivor. RIN 0790-AL56
    This rule implements section 626 of the FY 2022 NDAA to define the 
terms ``gold star family'' and ``gold star survivor'' for consistent 
use across all military departments. The Defense Department treats all 
surviving family members equally and survivor benefits are the same 
across the board unless their Service member is killed or dies from 
causes under dishonorable conditions.
TRICARE; Reimbursement of Ambulatory Surgery Centers and Outpatient 
Services Provided in Cancer and Children's Hospitals. RIN 0720-AB73
    This final rule will revise: (1) 32 CFR 199.2 by adding, in 
alphabetical order, the definitions of ``Ambulatory Surgery Center'', 
``Cancer hospital'', and ``Children's hospital''; (2) 32 CFR 199.6 to 
include news requirements that Ambulatory Surgery Centers (ASC) 
participating in Medicare must meet all program requirements; and (3) 
32 CFR 199.14 to implement Medicare's payment methodologies for 
reimbursing ambulatory surgery centers and Cancer and Children's 
Hospitals. The combined impact of is rule is a cost-saving of 
approximately $45 million, which would be offset by $1.5 million in 
administrative costs to implement the changes. This estimated reduction 
in costs of $45 million is a transfer from providers to DoD.

DOD--OFFICE OF THE SECRETARY (OS)

Proposed Rule Stage

20. Department of Defense (DOD)-Defense Industrial Base (DIB) 
Cybersecurity (CS) Activities [0790-AK86]

    Priority: Other Significant.
    Legal Authority: 10 U.S.C. 391; 10 U.S.C. 2224; 44 U.S.C. 3541; 10 
U.S.C. 393
    CFR Citation: 32 CFR 236.
    Legal Deadline: None.
    Abstract: The DIB CS Program currently provides cyber threat 
information to cleared defense contractors. Proposed revisions would 
allow all defense contractors who process, store, develop, or transit 
DoD controlled unclassified information to

[[Page 11000]]

be eligible for the program and to receive cyber threat information. 
Expanding participation will allow a broader community of defense 
contractors to participate in the DIB CS Program and is in alignment 
with the National Defense Strategy.
    Statement of Need: The unauthorized access and compromise of DoD 
unclassified information and operations poses an imminent threat to 
U.S. national security and economic security interests and contractors 
are being targeted on a daily basis. Many of these contractors are 
small and medium size contractors that can benefit from partnering with 
DoD to enhance and supplement their cybersecurity capabilities.
    Summary of Legal Basis: This revised regulation supports the 
Administration's effort to promote public-private cyber collaboration 
by expanding eligibility for the DIB CS voluntary cyber threat 
information sharing program to all defense contractors. This regulation 
aligns with DoD's statutory responsibilities for cybersecurity 
engagement with those contractors supporting the Department.
    Alternatives: (1) No action alternative: Maintain status quo with 
the ongoing voluntary cybersecurity program for cleared contractors. 
(2) Next best alternative: DoD posts generic cyber threat information 
and cybersecurity best practices on a public accessible website without 
directly engaging participating companies.
    Anticipated Cost and Benefits: Participation in the voluntary DIB 
CS Program enables DoD contractors to access Government Furnished 
Information and collaborate with the DoD Cyber Crime Center (DC3) to 
better respond to and mitigate cyber threats. In order to join the DIB 
CS Program, there is an initial labor burden to apply to the program 
and provide point of contact information which is estimated to take 20 
minutes per company. In addition, there is a cost for defense 
contractors to voluntarily share cyber indicator information. DoD 
estimates that each response will take a respondent two hours to 
complete. The costs are under review as part of 0704-0489 and 0704-
0490. For DIB participants, this program provides cyber threat 
information and technical assistance through analyst-to-analyst 
exchanges, mitigation and remediation strategies, and cybersecurity 
best practices in a collaborative environment for participating 
companies.
    Risks: Threats to unclassified information systems represent a risk 
of compromise of DoD information and mission. This threat is 
particularly acute for small and medium size companies with less mature 
cybersecurity capabilities. Through collaboration with DoD and the 
sharing with other contractors in the DIB CS Program, defense 
contractors will be better prepared to mitigate the cyber risk they 
face today and in the future.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   04/00/23
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Small Entities Affected: No.
    Government Levels Affected: Federal.
    Agency Contact: McKay Tolboe, Director, Cybersecurity Policy and 
Partnerships CIO, Department of Defense, Office of the Secretary, 4800 
Mark Center, Alexandria, VA 22311, Phone: 571 372-4640, Email: 
[email protected].
    RIN: 0790-AK86

DOD--OS

21. Cybersecurity Maturity Model Certification (CMMC) Program [0790-
AL49]

    Priority: Economically Significant. Major under 5 U.S.C. 801.
    Unfunded Mandates: This action may affect the private sector under 
PL 104-4.
    Legal Authority: 5 U.S.C. 301; Pub. L. 116-92, sec. 1648
    CFR Citation: 32 CFR 170.
    Legal Deadline: None.
    Abstract: DOD is proposing to implement the Cybersecurity Maturity 
Model Certification (CMMC) Framework, to help assess a Defense 
Industrial Base (DIB) contractor's compliance with and implementation 
of cybersecurity requirements to safeguard Federal Contract Information 
(FCI) and Controlled Unclassified Information (CUI) transiting non-
federal systems and mitigate the threats posed by Advanced Persistent 
Threats--adversaries with sophisticated levels of expertise and 
significant resources.
    Statement of Need: CMMC is designed to provide increased assurance 
to the DoD that a DIB contractor can adequately protect sensitive 
unclassified information (i.e., FCI and CUI) at a level commensurate 
with the risk, and accounting for information flow down to its 
subcontractors in a multi-tier supply chain.
    Summary of Legal Basis: 5 U.S.C. 301 authorizes the head of an 
Executive department or military department to prescribe regulations 
for the government of his or her department, the conduct of its 
employees, the distribution and performance of its business, and the 
custody, use, and preservation of its records, papers, and property.
    41 U.S.C 1303; Pub. L. 116-92, sec. 1648 directs the Secretary of 
Defense to develop a consistent, comprehensive framework to enhance 
cybersecurity for the U.S. defense industrial base. Developing the CMMC 
Program was as an important first step toward meeting these 
requirements.*
    Alternatives: DoD considered and adopted several alternatives 
during the development of this rule that reduce the burden on the DIB 
community and still meet the objectives of the rule. These alternatives 
include: (1) maintaining status quo, leveraging only the current 
requirements implemented in DFARS provision 252.204-7019 and DFARS 
clause 252.204-7020 requiring DIB contractors and offerors to self-
assess utilizing the DoD Assessment Methodology and entering a Basic 
Summary Score; (2) revising CMMC 1.0 to CMMC 2.0 in response to public 
comments, to reduce the burden for small businesses and contractors who 
do not process, store or transmit critical CUI by eliminating the 
requirement to hire a C3PAO and instead allow self-assessment with 
annual affirmations to maintain compliance at CMMC Level 1, and llowing 
triennial self-certification with an annual affirmation to maintain 
compliance for some CMMC Level 2 programs; (3) exempting contracts and 
orders exclusively for the acquisition of commercially available off-
the-shelf items; and (4) implementing a phased implementation for CMMC.
    In addition, the Department took into consideration the timing of 
the requirement to achieve a specified CMMC level: (1) at time of 
proposal or offer submission, (2) post contract award, or (3) at the 
time of contract award.
    Anticipated Cost and Benefits: The theft of intellectual property 
and sensitive information, including FCI and CUI, from all U.S. 
industrial sectors due to malicious cyber activity threatens U.S. 
economic and national security. The Council of Economic Advisors 
estimates that malicious cyber activity cost the U.S. economy between 
$57 billion and $109 billion in 2016. Over a ten-year period, that 
burden would equate to an estimated $570 billion to $1.09 trillion 
dollars in costs.
    Risks: The aggregate loss of intellectual property and certain 
unclassified information from the DoD supply chain can undercut U.S. 
technical advantages and innovation, as

[[Page 11001]]

well as significantly increase risk to national security.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   05/00/23
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Small Entities Affected: Businesses.
    Government Levels Affected: Federal.
    International Impacts: This regulatory action will be likely to 
have international trade and investment effects, or otherwise be of 
international interest.
    Agency Contact: Diane L. Knight, Senior Management and Program 
Analyst, Department of Defense, Office of the Secretary, 4800 Mark 
Center Drive, Suite 12E08, Alexandria, VA 22350, Phone: 202 770-9100, 
Email: [email protected].
    RIN: 0790-AL49

DOD--OS

Final Rule Stage

22. Nondiscrimination on the Basis of Disability in Programs or 
Activities Assisted or Conducted by the DOD and in Equal Access to 
Information and Communication Technology Used by DOD [0790-AJ04]

    Priority: Other Significant.
    Legal Authority: Pub. L. 100-259; Pub. L. 102-569; 29 U.S.C. 791 to 
794d; 42 U.S.C. ch. 51 and 126; E.O. 12250
    CFR Citation: 32 CFR 56.
    Legal Deadline: None.
    Abstract: The Department is finalizing revisions to implement 
Section 504 of the Rehabilitation Act of 1973, which prohibits 
discrimination on the basis of disability in programs or activities 
receiving Federal financial assistance from DoD and those programs or 
activities conducted by DoD. The regulation also implements section 508 
of the Rehabilitation Act, which requires DoD make its electronic and 
information technology accessible to individuals with disabilities. 
Additionally, the regulation implements the Architectural Barriers Act 
of 1968, which requires that DoD make facilities accessible to 
individuals with disabilities. Finally, the regulation updates the 
complaint resolution and enforcement procedures pursuant to section 504 
and the complaint resolution and enforcement procedures pursuant to 
section 508.
    Statement of Need: Finalization of this Department-wide rule will 
clarify the longstanding policy of the Department. It will modernize 
the Department's practices in addressing issues of discrimination. This 
rule amends the Department's prior regulation to include updated 
accessibility standards for recipients of Federal financial assistance 
to be more user-friendly and to support individuals with disabilities. 
This update incorporates the directive of Executive Order 14035, 
Diversity, Equity, Inclusion, and Accessibility in the Federal 
Workforce by defining, clarifying, advancing accessibility throughout 
DoD programs and activities.
    Summary of Legal Basis: Title 28, Code of Federal Regulations, part 
41, implementing Executive Order 12250, assigns the DOJ responsibility 
to coordinate implementation of section 504 of the Rehabilitation Act.
    This rule is being finalized under the authorities of title 29, 
U.S.C., chapter 16, subchapter V, sections 794 through 794d, codifying 
legislation prohibiting discrimination on the basis of disability under 
any program or activity receiving Federal financial assistance or under 
any program or activity conducted by any Federal agency, including 
provisions establishing the United States Access Board and requiring 
Federal agencies to ensure that information and communication 
technology is accessible to and usable by individuals with disabilities
    Alternatives: The Department considered taking no new action and 
continuing to rely on the existing regulation. The Department 
considered issuing sub-regulatory guidance to clarify existing 
regulation. Both options were rejected because of the need to update 
and clarify the Department's obligations pursuant to section 504 and 
section 508 of the Rehabilitation Act of 1973, as amended.
    Anticipated Cost and Benefits: TBD.
    Risks: Without this final rule, the Department's current regulation 
is inconsistent with current Federal statutes and regulations, as well 
as developments in Supreme Court jurisprudence, regarding unlawful 
discrimination on the basis of disability. Consistent with 
congressional intent, the provisions in the final rule are consistent 
with the nondiscrimination provisions in DOJ regulations implementing 
title II of the ADA Amendments Act (applicable to state and local 
government entities).
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   07/16/20  85 FR 43168
NPRM Comment Period End.............   09/14/20
Final Action........................   04/00/23
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Small Entities Affected: No.
    Government Levels Affected: None.
    Additional Information: DoD internal guidance will be located in 
DoD Instruction 1020.dd (``Unlawful Discrimination on the Basis of 
Disability in Programs or Activities Receiving Federal Financial 
Assistance from, or Conducted by, the DoD''). This Instruction will 
publish after the finalization of this rule.
    Agency Contact: Randy Cooper, Director, Department of Defense 
Disability EEO Policy and Compliance Department of Defense, Office of 
the Secretary 4000 Defense Pentagon Room 5D64, Washington, DC 20301-
4000, Phone: 703 571-9327, Email: [email protected].
    RIN: 0790-AJ04

DOD--OS

23. Definitions of Gold Star Family and Gold Star Survivor [0790-AL56]

    Priority: Other Significant.
    Legal Authority: Pub. L. 117-81
    CFR Citation: 32 CFR 46.
    Legal Deadline: Final, Statutory, December 27, 2022, Sec 626 of the 
NDAA 2022 (Pub. L. 117-81).
    Section 626 of the NDAA 2022 (Pub. L. 117-81) requires publication 
of an interim final rule no later than one year after the date of the 
enactment of this Act.
    Abstract: This rule implements section 626 of the National Defense 
Authorization Act for Fiscal Year 2022 (Pub. L. 117-81) to establish 
standard definitions, for use across the military departments, of the 
terms ``gold star family'' and ``gold star survivor.''
    Statement of Need: The objective of the rule is to establish 
standard definitions, for use across the military departments, of the 
terms gold star family and gold star survivor.
    Summary of Legal Basis: This rule is proposed under the authorities 
of section 626(c) of Public Law 117-81, FY 2022 NDAA.
    Alternatives: The alternative is to take no action.
    Anticipated Cost and Benefits: The cost to publish this new rule 
and update the Defense Department's policies is estimated at $900,000. 
This includes the public's time to review the proposed rule and 
resources needed to respond to any public comments, publish the

[[Page 11002]]

interim rule, revise policies, and possibly revamp the Navy and Coast 
Guard's long-term case management programs.
    Risks: This action does not reduce risks to public health, safety, 
or the environment, or effect other risks within the jurisdiction of 
the Defense Department.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Interim Final Rule..................   06/00/23
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Small Entities Affected: No.
    Government Levels Affected: None.
    Agency Contact: Deborah S. Skillman, Director, Department of 
Defense, Office of the Secretary, 1500 Defense Pentagon, Washington, DC 
20301-1500, Phone: 571 372-5333, Email: 
[email protected].
    RIN: 0790-AL56

DOD--DEFENSE ACQUISITION REGULATIONS COUNCIL (DARC)

Proposed Rule Stage

24. Assessing Contractor Implementation of Cybersecurity Requirements 
(DFARS Case 2019-D041) [0750-AK81]

    Priority: Economically Significant. Major under 5 U.S.C. 801.
    Legal Authority: 41 U.S.C. 1303; Pub. L. 116-92, sec. 1648
    CFR Citation: 48 CFR 204; 48 CFR 212; 48 CFR 217; 48 CFR 252.
    Legal Deadline: None.
    Abstract: DoD is amending an interim rule to implement the CMMC 
framework 2.0 in order to protect against the theft of intellectual 
property and sensitive information from the Defense Industrial Base 
(DIB) sector. The CMMC framework is a DoD certification process that 
measures a company's institutionalization of processes and 
implementation of cybersecurity practices. This rule provides the 
Department with assurances that a DIB contractor can adequately protect 
sensitive unclassified information at a level commensurate with the 
risk, accounting for information flow down to its subcontractors in a 
multi-tier supply chain.
    Statement of Need: The purpose of this DFARS rule is to ensure that 
Defense Industrial Base (DIB) contractors will adequately protect 
sensitive unclassified information at a level commensurate with the 
risk, accounting for information flow down to its subcontractors in a 
multi-tier supply chain.
    Summary of Legal Basis: This rule is being implemented under the 
authority of 41 U.S.C. 1303 and section 1648 of the National Defense 
Authorization Act for Fiscal Year (FY) 2020 (Pub. L. 116-92). The USD 
(A&S) has the authority and responsibility for promulgating DoD 
procurement rules under the OFPP statute, codified at title 41 of the 
U.S. Code. Section 1648 of the National Defense Authorization Act for 
Fiscal Year 2020 (Pub. L. 116-92) directs the Secretary of Defense to 
develop a risk-based cybersecurity framework for the DIB sector, such 
as CMMC, as the basis for a mandatory DoD standard.
    Alternatives:DoD considered and adopted several alternatives during 
the development of the interim rule that reduced the burden on small 
entities and still meet the objectives of the rule. DoD will consider 
similar alternatives for the amendment rule. These alternatives 
include: (1) exempting contracts and orders exclusively for the 
acquisition of commercially available off-the-shelf items; and (2) 
implementing a phased rollout and stipulating that the inclusion a CMMC 
requirement in new contracts until that time be approved by the Office 
of the Under Secretary of Defense for Acquisition and Sustainment.
    Anticipated Cost and Benefits: The annualized value of costs 
beginning in fiscal year 2021 (calculated in perpetuity in 2016 dollars 
at a 7 percent discount rate) associated with implementing the CMMC 
Framework in the interim is $4 billion. The primary benefit of this 
rule is improving the protection of the Department's sensitive 
information and reducing the threat to DIB sector intellectual property 
by:
     Enabling assessments at the entity-level of contractor 
implementation of cyber security processes and practices that should 
already be in place;
     Requiring comprehensive implementation of cybersecurity 
requirements rather than plans of action to accomplish implementation;
     Verifying DIB sector contractor and subcontractor 
cybersecurity postures; and
     Reducing duplicative or repetitive assessments of our 
industry partners through standardization.
    Risks: The theft of intellectual property and sensitive information 
from all U.S. industrial sectors due to malicious cyber activity 
threatens economic security and national security. Malicious cyber 
actors have and continue to target the DIB sector and the supply chain 
of the Department of Defense. These attacks not only focus on the large 
prime contractors, but also target subcontractors that make up the 
lower tiers of the DoD supply chain. Many of these subcontractors are 
small entities that provide critical support and innovation. The 
aggregate loss of intellectual property and certain unclassified 
information from the DoD supply chain can undercut U.S. technical 
advantages and innovation, as well as significantly increase risk to 
national security.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Interim Final Rule..................   09/29/20  85 FR 48513
Interim Final Rule Effective........   11/30/20
NPRM................................   05/00/23
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Small Entities Affected: Businesses.
    Government Levels Affected: Federal.
    Public Compliance Cost: Base Year for Dollar Estimates: 2021.
    Agency Contact: Jennifer D. Johnson, Office of the Under Secretary 
of Defense for Acquisition and Sustainment, Department of Defense, 
Defense Acquisition Regulations Council, Defense Pricing and 
Contracting, Defense Acquisition Regulations System, Room 3B938, 3060 
Pentagon, Washington, DC 20301-3060, Phone: 703 717-8226, Email: 
[email protected].
    Related RIN: Split from 0750-AL68, Related to 0790-AL49
    RIN: 0750-AK81

DOD--DARC

25. Small Business Innovation Research Program Data Rights (DFARS Case 
2019-D043) [0750-AK84]

    Priority: Other Significant.
    Legal Authority: 41 U.S.C. 1303
    CFR Citation: 48 CFR 227; 48 CFR 252.
    Legal Deadline: None.
    Abstract: DoD is proposing to amend the Defense Federal Acquisition 
Regulation Supplement (DFARS) to implement changes related to data 
rights in the Small Business Administration's Policy Directive for the 
Small Business Innovation Research (SBIR) Program, published in the 
Federal Register on April 2, 2019 (84 FR 12794). The final SBA Policy 
Directive includes several revisions to clarify data rights, which 
require corresponding revisions to the DFARS.
    Statement of Need: This rule is necessary to implement the Small

[[Page 11003]]

Business Administration (SBA) policies related to data rights in the 
Small Business Innovation Research (SBIR) Program and Small Business 
Technology Transfer (STTR) Program Policy Directive, published in the 
Federal Register on April 2, 2019 (84 FR 12794). The final SBA Policy 
Directive includes several revisions to clarify data rights, which 
require corresponding revisions to the DFARS.
    Summary of Legal Basis: The legal basis for this rule is 15 U.S.C. 
638, which provides the authorization, policy, and framework for SBIR/
STTR programs.
    Alternatives: There are no alternatives that would meet the stated 
objective of this rule.
    Anticipated Cost and Benefits: While specific costs and savings 
have not been quantified, this rule is expected to have significant 
benefit for small businesses participating in the DoD SBIR and STTR 
programs. SBIR and STTR enable small businesses to explore their 
technological potential and provide the incentive to profit from its 
commercialization. By including qualified small businesses in the 
nation's research and development arena, high-tech innovation is 
stimulated, and the United States gains entrepreneurial spirit as it 
meets its specific research and development needs.
    Risks: The continuous protection of a contractor's SBIR/STTR data 
while actively pursuing or commercializing its technology with the 
Federal Government, provides a significant incentive for innovative 
small businesses to participate in these programs.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
ANPRM...............................   08/31/20  85 FR 53758
Correction..........................   09/21/20  85 FR 59258
ANPRM Comment Period End............   10/30/20
Comment Period Extended.............   12/04/20  85 FR 78300
ANPRM Comment Period End............   01/31/21
NPRM................................   12/19/22  87 FR 77680
NPRM Comment Period End.............   02/17/23
Final Action........................   11/00/23
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Undetermined.
    Government Levels Affected: Federal.
    Agency Contact: Jennifer D. Johnson, Office of the Under Secretary 
of Defense for Acquisition and Sustainment, Department of Defense, 
Defense Acquisition Regulations Council, Defense Pricing and 
Contracting, Defense Acquisition Regulations System, Room 3B938, 3060 
Pentagon, Washington, DC 20301-3060, Phone: 703 717-8226, Email: 
[email protected].
    RIN: 0750-AK84

DOD--DARC

26. Defense Commercial Solutions Opening (DFARS Case 2022-D006) [0750-
AL57]

    Priority: Other Significant.
    Legal Authority: 41 U.S.C. 1303; Pub. L. 117-81, sec. 803; 10 
U.S.C. 2380(c)
    CFR Citation: 48 CFR 212.
    Legal Deadline: None.
    Abstract: DoD is proposing to amend the Defense Federal Acquisition 
Regulation Supplement to implement section 803 of the National Defense 
Authorization Act (NDAA) for Fiscal Year (FY) 2022 (Pub. L. 117-81) 
that amends 10. U.S.C. 2380 to establish a permanent authority for the 
Secretary of Defense and those of the military departments to acquire 
innovative commercial products and commercial services through a 
competitive selection of proposals resulting from a general 
solicitation and the peer review of such proposals. Products and 
services purchased under this authority are treated as commercial.
    Statement of Need: This rule is necessary to implement section 803 
of the National Defense Authorization Act for Fiscal Year 2022 (Pub. L. 
117-81), which establishes a permanent authority for the Secretary of 
Defense and those of the military departments to acquire innovative 
commercial products and commercial services through a competitive 
selection of proposals resulting from a general solicitation and the 
peer review of such proposals. Products and services purchased under 
this authority are treated as commercial.
    Summary of Legal Basis: The legal basis for this rule is 41 U.S.C. 
1303 and section 803 of Public Law 117-81.
    Alternatives: There are no alternatives that would meet the 
requirements of section 803 of Public Law 117-81.
    Anticipated Cost and Benefits: This rule will enable DoD to access 
innovative products and services of entities that may not have not done 
business with DoD in the past. Such entities may compete for additional 
DoD contracts, thereby increasing competition for DoD contracts.
    Risks: The difficulty of accessing innovative products and services 
of these entities creates a risk for DoD with regard to finding 
solutions and obtaining products and services that meet the 
Department's needs.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   12/00/22
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Undetermined.
    Government Levels Affected: Federal.
    Agency Contact: Jennifer D. Johnson, Office of the Under Secretary 
of Defense for Acquisition and Sustainment, Department of Defense, 
Defense Acquisition Regulations Council, Defense Pricing and 
Contracting, Defense Acquisition Regulations System, Room 3B938, 3060 
Pentagon, Washington, DC 20301-3060,  Phone: 703 717-8226, Email: 
[email protected].
    RIN: 0750-AL57

DOD--DARC

27. Modification of Prize Authority for Advanced Technology 
Achievements (DFARS Case 2022-D014) [0750-AL65]

    Priority: Other Significant.
    Legal Authority: 41 U.S.C. 1303; 10 U.S.C. 2374a; Pub. L. 117-81, 
sec. 822
    CFR Citation: 48 CFR 235.
    Legal Deadline: None.
    Abstract: DoD is proposing to amend the Defense Federal Acquisition 
Regulation Supplement to implement section 822 of the National Defense 
Authorization Act (NDAA) for Fiscal Year (FY) 2022 (Pub. L. 117-81), 
which revises 10 U.S.C. 2374a regarding the award of prizes for 
advanced technology achievement to: (1) authorize the award of 
procurement contracts and other agreements ``as an other type of 
prize'' (as in other than cash prizes); (2) permit the award of prizes, 
including procurement contracts and other agreements, in excess of 
$10,000,000 with the approval of the Under Secretary of Defense for 
Research and Engineering; and (3) require DoD provide Congress with 
notice of an award of a procurement contract or other agreement under 
this program that exceeds $10 million.
    Statement of Need: This rule is necessary to implement section 822 
of the National Defense Authorization Act for Fiscal Year 2022 (Pub. L. 
117-81). Section 822 revises 10 U.S.C. 2374a regarding the award of 
prizes for advanced technology achievement to: (1) authorize the award 
of procurement contracts and other agreements as an other type of prize 
(as in other than cash prizes); (2) permit the award of prizes, 
including procurement contracts and other agreements, in excess of 
$10,000,000 with the approval of the

[[Page 11004]]

Under Secretary of Defense for Research and Engineering; and (3) 
require DoD provide Congress with notice of an award of a procurement 
contract or other agreement under this program that exceeds $10 
million.
    Summary of Legal Basis: The legal basis for this rule is 41 U.S.C. 
1303 and section 822 of Public Law 117-81.
    Alternatives: There are no alternatives that would meet the 
requirements of section 822 of Public Law 117-81.
    Anticipated Cost and Benefits: This rule will help to expand the 
Defense Industrial Base, thereby increasing competition for future DoD 
contracts.
    Risks: The difficulty of accessing advanced technologies creates a 
risk for DoD with regard to finding solutions and obtaining products 
and services that meet the Department's needs.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   04/00/23
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Undetermined.
    Government Levels Affected: Federal.
    Agency Contact: Jennifer Johnson, Defense Acquisition Regulations 
System, Department of Defense, Defense Acquisition Regulations Council, 
3060 Defense Pentagon, Room 3B941, Washington, DC 20301-3060, Phone: 
571 372-6100, Email: [email protected].
    RIN: 0750-AL65

DOD--DARC

28.  DFARS Buy American Act Requirements (DFARS Case 2022-D019) 
[0750-AL74]

    Priority: Other Significant. Major status under 5 U.S.C. 801 is 
undetermined.
    Legal Authority: 41 U.S.C. 1303
    CFR Citation: 48 CFR 225; 48 CFR 252.
    Legal Deadline: None.
    Abstract: DoD is proposing to amend the Defense Federal Acquisition 
Regulation Supplement (DFARS) to implement the requirements of 
Executive Order 14005, Ensuring the Future Is Made in All of America by 
All of America's Workers. Changes to the Federal Acquisition Regulation 
(FAR) are being made via RIN 9000-AO22 (FAR Case 2021-008, Amendments 
to the FAR Buy American Act Requirements). This rule proposes 
conforming changes to the DFARS.
    Statement of Need: This rule is necessary to implement Executive 
Order 14005, Ensuring the Future Is Made in All of America by All of 
America's Workers, which increases the required percentage of domestic 
content for end products and construction material. Changes to the 
Federal Acquisition Regulation (FAR) are being made via RIN 9000-AO22 
(FAR Case 2021-008, Amendments to the FAR Buy American Act 
Requirements). This rule proposes conforming changes to the DFARS.
    Summary of Legal Basis: The legal basis for this rule is 41 U.S.C. 
1303 and Executive Order 14005, Ensuring the Future Is Made in All of 
America by All of America's Workers.
    Alternatives: There are no alternatives that would meet the 
requirements of Executive Order 14005.
    Anticipated Cost and Benefits: This rule increases the percentage 
for use in the domestic content text applied to offers of end products 
and construction materials to determine domestic or foreign origin. The 
rule will strengthen domestic preferences under the Buy American 
statute. It is expected that this rule will benefit large and small 
U.S. manufacturers supplying domestic end products and materials.
    Risks: There is a risk that U.S. manufacturers would experience a 
competitive disadvantage without the increase in the required domestic 
content.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   07/00/23
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Undetermined.
    Government Levels Affected: Federal.
    Agency Contact: Jennifer D. Johnson, Office of the Under Secretary 
of Defense for Acquisition and Sustainment, Department of Defense, 
Defense Acquisition Regulations Council, Defense Pricing and 
Contracting, Defense Acquisition Regulations System, Room 3B938, 3060 
Pentagon, Washington, DC 20301-3060, Phone: 703 717-8226, Email: 
[email protected].
    RIN: 0750-AL74

DOD--DARC

Final Rule Stage

29. Past Performance of Subcontractors and Joint Venture Partners 
(DFARS Case 2018-D055) [0750-AK16]

    Priority: Other Significant.
    Legal Authority: 41 U.S.C. 1303; Pub. L. 115-232, sec. 823
    CFR Citation: 48 CFR 215; 48 CFR 236; 48 CFR 242; 48 CFR 252.
    Legal Deadline: Final, Statutory, February 9, 2019, 180 days after 
enactment.
    Abstract: DoD is issuing a final rule to amend the Defense Federal 
Acquisition Regulation Supplement (DFARS) to implement section 823 of 
the National Defense Authorization Act for Fiscal Year 2019, which 
establishes a requirement for use of the best available information 
regarding past performance of subcontractors and joint venture partners 
when awarding DoD construction and architect-engineer (A&E) contracts. 
Section 823 requires annual performance evaluations for first-tier 
subcontractors and individual partners of joint venture construction 
and A&E contracts valued at either $750,000 or more, or 20 percent of 
the value of the prime contract (whichever is higher), in accordance 
with specified conditions. In addition, processes for exceptions from 
the annual evaluation requirement will be established for construction 
and A&E contracts where submission of annual evaluations would not 
provide the best representation of the performance of a contractor, 
including subcontractors and joint venture partners under specified 
conditions. This rule will amend DFARS part 242 to incorporate these 
new requirements and processes.
    Statement of Need: This rule is necessary to implement section 823 
of the National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 
115-232), which establishes a requirement for use of the best available 
information regarding past performance of subcontractors and joint 
venture partners when awarding DoD construction and architect-engineer 
contracts. Section 823 requires annual performance evaluations for 
first-tier subcontractors and individual parties to joint ventures 
performing construction and architect-engineer contracts valued at 
either $750,000 or more, or 20 percent of the value of the prime 
contract (whichever is higher), in accordance with specified 
conditions. In addition, processes for exceptions from the annual 
evaluation requirement will be established for construction and 
architect-engineer contracts where submission of annual evaluations 
would not provide the best representation of the performance of a 
contractor, including subcontractors and joint venture partners under 
specified conditions.
    Summary of Legal Basis: The legal basis for this rule is 41 U.S.C. 
1303 and section 823 of Public Law 115-232.
    Alternatives: There are no alternatives that would meet the 
requirements of section 823 of Public Law 115-232.

[[Page 11005]]

    Anticipated Cost and Benefits: This rule will make it easier for 
subcontractors and individual parties to joint ventures to establish a 
record of their past performance. These entities will be able to take 
credit for the work they performed on contracts and subcontracts, which 
will help them be more competitive when bidding on future DoD 
contracts. This will help increase competition for DoD contracts.
    Risks: Due to the difficulty of establishing a record of past 
performance on DoD contracts, there is a risk of reduced 
competitiveness for subcontractors and individual parties to joint 
ventures.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   05/20/21  86 FR 27358
NPRM Comment Period End.............   07/19/21
Final Action........................   02/00/23
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Small Entities Affected: Businesses.
    Government Levels Affected: Federal.
    Agency Contact: Jennifer D. Johnson, Office of the Under Secretary 
of Defense for Acquisition and Sustainment, Department of Defense, 
Defense Acquisition Regulations Council, Defense Pricing and 
Contracting, Defense Acquisition Regulations System, Room 3B938, 3060 
Pentagon, Washington, DC 20301-3060, Phone: 703 717-8226, Email: 
[email protected].
    RIN: 0750-AK16

DOD--DARC

30. Restriction on Acquisition of Personal Protective Equipment and 
Certain Items From Non-Allied Foreign Nations (DFARS Case 2022-D009) 
[0750-AL60]

    Priority: Other Significant.
    Legal Authority: 41 U.S.C. 1303; Pub. L. 117-81 sec. 802; 10 U.S.C. 
2533e
    CFR Citation: 48 CFR 225; 48 CFR 252.
    Legal Deadline: None.
    Abstract: DoD is issuing an interim rule to amend the Defense 
Federal Acquisition Regulation Supplement to implement section 802 of 
the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2022 
NDAA (Pub. L. 117-81). Section 802 adds 10 U.S.C. 2533e which prohibits 
the acquisition of personal protective equipment and certain other 
items from non-allied foreign nations. An exception applies if: (1) the 
Secretary of Defense determines that a covered item of satisfactory 
quality and quantity, in the required form, cannot be procured as and 
when needed from nations other than a covered country to meet 
requirements at a reasonable price; (2) a covered item is for use 
outside of the United States; or (3) if the procurement for a covered 
material is at or below $150,000. A limitation provides that a proposed 
procurement in an amount greater than $150,000 may not be divided into 
several purchases or contracts for lesser amounts in order to qualify 
for an exception.
    Statement of Need: This rule is needed to implement section 802 of 
the National Defense Authorization Act for Fiscal Year 2022 (Pub. L. 
117-81), which prohibits the acquisition of personal protective 
equipment related to healthcare and certain other healthcare-related 
items from non-allied foreign nations. The prohibition does not apply 
to items for use outside of the United States or if the procurement is 
valued at or below $150,000. In addition, the prohibition does not 
apply if the Secretary of Defense determines that a covered item of 
satisfactory quality and quantity, in the required form, cannot be 
procured as and when needed from nations other than non-allied nations 
to meet requirements at a reasonable price.
    Summary of Legal Basis: The legal basis for this rule is 41 U.S.C. 
1303 and section 802 of Public Law 117-81.
    Alternatives: There are no alternatives that would meet the 
requirements of section 802 of Public Law 117-81.
    Anticipated Cost and Benefits: Decreasing dependence on personal 
protective equipment and certain other items, as identified in section 
802, originating in non-allied foreign countries is a matter of public 
health and national security especially during a declared public health 
emergency. The domestic supply chain for personal protective equipment 
and certain other items is critical. An adequate continued supply is 
vital to ensure domestic control with minimal disruption in production 
and to reduce U.S. dependence on non-allied foreign countries. This 
restriction is similar to other domestic sourcing restrictions required 
by 10 U.S.C. 2533 in effect to reduce dependence on non-allied foreign 
sources and to continue to promote growth in domestic capability.
    This rule restricts the acquisition of covered items (personal 
protective equipment for use in preventing the spread of disease and 
certain other items) from non-allied foreign nations. The restriction 
will not apply--
     To acquisitions of the covered items for use outside of 
the United States;
     For acquisitions at or below $150,000; or
     If it is determined that covered items of satisfactory 
quality and quantity, in the required form, cannot be procured as and 
when needed from nations other than the covered countries to meet the 
requirements at a reasonable price.
    Estimated impacts to industry may include minor compliance costs to 
validate with suppliers the origin of covered items to comply with the 
prohibition. Based on data from the Federal Procurement Data System for 
fiscal years 2019, 2020, and 2021 for contracts awarded in Product 
Service Code 65 (Medical, Dental, and Veterinary Equipment and 
Supplies) in the United States valued at or above $150,000, DoD awarded 
an average of 1,677 such contracts to 192 unique entities, of which 105 
were small businesses. It is not known what percentage of these awards 
might involve personal protective equipment and other covered items 
from the covered countries.
    Potential benefits of this rule will be the elimination of 
counterfeit covered items within the domestic supply chain and reduced 
dependence on foreign sources that are not allies of the United States. 
In addition, this restriction will further promote growth in domestic 
capabilities and may provide additional opportunities to domestic small 
businesses for future procurement and manufacturing efforts, increasing 
domestic sourcing of personal protective equipment and other covered 
items.
    Risks: A shortage of supply of personal protective equipment and 
certain other items would put at risk public health and the safety and 
well-being of the general public. A shortage of these items also would 
hinder DoD's mission readiness.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Interim Final Rule..................   02/00/23
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Government Levels Affected: Federal.
    International Impacts: This regulatory action will be likely to 
have international trade and investment effects, or otherwise be of 
international interest.
    Agency Contact: Jennifer Johnson, Defense Acquisition Regulations 
System, Department of Defense, Defense Acquisition Regulations Council, 
3060 Defense Pentagon, Room 3B941, Washington, DC 20301-3060, Phone:

[[Page 11006]]

571 372-6100, Email: [email protected].
    RIN: 0750-AL60

DOD--U.S. ARMY CORPS OF ENGINEERS (COE)

Proposed Rule Stage

31. Natural Disaster Procedures: Preparedness, Response, and Recovery 
Activities of the Corps of Engineers [0710-AA78]

    Priority: Other Significant.
    Legal Authority: 33 U.S.C. 701n
    CFR Citation: 33 CFR 203.
    Legal Deadline: None.
    Abstract: The U.S. Army Corps of Engineers (Corps) is proposing to 
update the Federal regulation that covers the procedures that the Corps 
uses under section 5 of the Flood Control Act of 1941, as amended (33 
U.S.C. 701n), commonly referred to as Public Law 84-99. The Corps 
relies on this program to prepare for, respond to, and help communities 
recover from a flood, hurricane, or other natural disaster, including 
the repair of damage to eligible flood risk reduction infrastructure. 
The Corps initiated this rulemaking process through an advanced notice 
of proposed rulemaking (ANPRM) on February 13, 2015. As a next step, 
the Corps is planning to propose revisions to the program to address 
statutory changes under various Water Resources Development Act 
provisions and to formalize certain agency guidance relating to natural 
disaster procedures. The notice of proposed rulemaking (NPRM) would 
also include a summary of the comments to the ANPRM.
    Statement of Need: Since the last revision in 2003, significant 
disasters, including Hurricane Katrina (2005), Hurricane Sandy (2012), 
flooding on the Mississippi and Missouri Rivers (2008, 2011, and 2013), 
and Hurricanes Harvey, Irma, and Maria (2017) have provided a more 
detailed understanding of the nature and severity of risk associated 
with flood control projects. In addition, the maturation of risk-
informed decision making approaches and technological advancements 
influenced the outlook on the implementation of Public Law 84-99 
activities, with a shift toward better alignment with Corps Levee 
Safety and National Flood Risk Management Programs, as well as the 
National Preparedness and Response Frameworks. Through these programs, 
the Corps works with non-Federal sponsors and stakeholders to assess, 
communicate, and manage the risks to people, property, and the 
environment associated with levee systems and flood risks. Revisions to 
part 203 are necessary to implement statutes that amended or otherwise 
affected Public Law 84-99, as explained in the next section.
    Summary of Legal Basis: Public Law 84-99 authorizes an emergency 
fund to be expended at the discretion of the Chief of Engineers for 
preparation for natural disasters, flood fighting, rescue operations, 
repairing or restoring flood control works, emergency protection of 
federally authorized hurricane or shore protection projects, and the 
repair and restoration of federally authorized hurricane and shore 
protection projects damaged or destroyed by wind, wave, or water of 
other than ordinary nature.
    1. Subsection 3029(a) of the Water Resources Reform and Development 
Act of 2014 (WRRDA 2014) (Pub. L. 113-121) authorized the Chief of 
Engineers, under certain circumstances, to make modifications to flood 
control and hurricane or shore protections works damaged during flood 
or coastal storms events, as well as the authority to implement 
nonstructural alternatives in the repair and restoration of hurricane 
or shore protection works.
    2. Subsection 3029(b) of WRRDA 2014 authorized the Secretary of the 
Army to undertake a review of implementation of Public Law 84-99 to 
ensure the safety of affected communities to future flooding and storm 
events; the resiliency of water resources development projects to 
future flooding and storm events; the long-term cost-effectiveness of 
water resources development projects that provide flood control and 
hurricane and storm damage reduction benefits; and the policy goals and 
objectives that were the President outlined as a response to recent 
extreme weather events at that time are met.
    3. Section 3011 of WRRDA 2014 states that a levee system shall 
remain eligible for rehabilitation assistance under Public Law 84-99, 
as long as the system sponsor continues to make satisfactory progress, 
as determined by the Secretary of the Army, on an approved system wide 
improvement framework or letter of intent.
    4. Section 1176 of the Water Resources Development Act of 2016 
(WRDA 2016) (Pub. L. 114-322, title I) provided an express definition 
of nonstructural alternatives, as that term is used in Public Law 84-
99, and authorized the Chief of Engineers, under certain circumstances, 
to increase the level of protection of flood control or hurricane or 
shore protection works or increase the capacity of a pumping station 
when conducting repair or restoration activities to such works under 
Public Law 84-99.
    Alternatives:
    1. No rule update: Implement all changes through agency discretion. 
Alternative not selected because the Public Law 84-99 amendments are 
very prescriptive, and it is inappropriate for those conflicts to 
exist.
    2. Modify: Evaluate required changes and determine which require 
implementation via agency discretion and those requiring an update to 
the rule. Alternative not selected because of inconsistent 
implementation that would result and the repeal and replace alternative 
is the most straightforward, given the number of update changes 
throughout this CFR section.
    3. Repeal and replace (Selected Alternative): Incorporate and 
integrate the current state of practice for flood risk management 
principles and concepts through the provision of agency policy codified 
in a federal rule. The intended benefit is to encourage broader 
community flood risk management activities, as undertaken by non-
Federal project sponsors. The rule alternative also consolidates recent 
Public Law 84-99 amendments into one comprehensive rule, ensuring the 
public understands how the Corps would implement them.
    Anticipated Cost and Benefits: Overall, the purpose of the proposed 
changes to this regulation are expected to improve the effectiveness of 
federal and local investments to reduce flood risks in both riverine 
and coastal settings. These proposed changes take advantage of our 
increased understanding of project risks, moving from an assessment of 
how the project is expected to perform to a focus on a broader set of 
actions to reduce risk to life, including operations, maintenance, 
planning, and execution actions to improve emergency warning and 
evacuation and other activities to improve the ability of communities 
and individuals to understand and manage project-related risks. 
Informed by more detailed understanding of risk for levee systems, the 
Federal Government and non-Federal sponsors should be able to apply the 
available resources to the risk management activities that most 
effectively reduce riverine flood risk and avoid expenditures that have 
little risk reduction benefit.
    Risks: The rule is not expected to have a significant effect on 
risks to public health and safety. It would revise and update 33 CFR 
203 and reflect the current state of practice for flood risk management 
principles and concepts. It would also amend and clarify the current 
role of the Corps in preparing

[[Page 11007]]

for, and responding a natural disaster, and in helping in the recovery 
effort. The rule may also encourage broader community flood risk 
management activities, as undertaken by non-Federal project sponsors.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
ANPRM...............................   02/13/15  80 FR 8014
ANPRM Comment Period End............   04/14/15
NPRM................................   11/15/22  87 FR 68386
NPRM Comment Period End.............   01/17/23
Final Action........................   11/00/23
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Small Entities Affected: No.
    Government Levels Affected: None.
    Agency Contact: Willem Helms, Department of Defense, U.S. Army 
Corps of Engineers, CECW-HS, 441 G Street NW, Washington, DC 20314, 
Phone: 202 761-5909, Email: [email protected].
    RIN: 0710-AA78

DOD--COE

32. Policy and Procedures for Processing Requests To Alter U.S. Army 
Corps of Engineers Civil Works Projects Pursuant to 33 U.S.C. 408 
[0710-AB22]

    Priority: Other Significant.
    Legal Authority: 33 U.S.C. 408
    CFR Citation: 33 CFR 350.
    Legal Deadline: None.
    Abstract: Where a party other than the U.S. Army Corps of Engineers 
(Corps) seeks to use or alter a Civil Works project that the Corps 
constructed, the proposed use or alteration is subject to the prior 
approval of the Corps. Some examples of such alterations include an 
improvement to the project; relocation of part of the project; or 
installing utilities or other non-project features. This requirement 
was established in section 14 of the Rivers and Harbors Act of 1899 and 
is codified at 33 U.S.C. 408 (section 408). Section 408 provides that 
the Corps may grant permission for another party to alter a Civil Works 
project upon a determination that the alteration proposed will not be 
injurious to the public interest and will not impair the usefulness of 
the Civil Works project. The Corps is proposing to convert its policy 
that governs the section 408 program to a binding regulation. This 
policy, Engineer Circular 1165-2-220, Policy and Procedural Guidance 
for Processing Requests to Alter U.S. Army Corps of Engineers Civil 
Works Projects Pursuant to 33 U.S.C. 408, was issued in September 2018.
    Statement of Need: Through the Civil Works program, the U.S. Army 
Corps of Engineers (Corps), in partnership with stakeholders, has 
constructed many Civil Works projects across the Nation's landscape. 
Given the widespread locations of these projects, there may be a need 
for others outside of the Corps to alter or occupy these projects and 
their associated lands. Reasons for alterations could include 
activities such as improvements to the project; relocation of part of 
the project; or installing utilities or other non-project features. In 
order to ensure that these projects continue to provide their intended 
benefits to the public, Congress provided that any use or alteration of 
a Civil Works project by another party is subject to the prior approval 
of the Corps. This requirement was established in section 14 of the 
Rivers and Harbors Act of 1899 and is codified at 33 U.S.C. 408 
(section 408). Specifically, section 408 provides that the Corps may 
grant permission for another party to alter a Civil Works project upon 
a determination that the alteration proposed will not be injurious to 
the public interest and will not impair the usefulness of the Civil 
Works project. The Corps is proposing to convert its policy that 
governs the section 408 program to a binding regulation. Engineer 
Circular 1165-2-220, Policy and Procedural Guidance for Processing 
Requests to Alter U.S. Army Corps of Engineers Civil Works Projects 
Pursuant to 33 U.S.C. 408 was issued in September 2018.
    Summary of Legal Basis: The Corps has legal authority over the 
section 408 program under 33 U.S.C. 408.
    Alternatives: The preferred alternative would be to conduct 
rulemaking to issue the requirements governing the section 408 review 
process in the form of a binding regulation. The current Corps policy 
appears in an Engineer Circular that has expired. The next best 
alternative would involve issuing these requirements in the form of an 
Engineer Regulation. That alternative would not fulfill the intent of 
the law because it would not be binding on the regulated public.
    Anticipated Cost and Benefits: The proposed rule would reduce costs 
to the regulated public by clarifying the applicable requirements and 
providing consistent implementation of these requirements across the 
Corps program. It is anticipated that a form would be developed for 
submission of requests which would trigger the Paperwork Reduction Act 
compliance process and any associated costs will be evaluated at that 
time.
    Risks: The proposed action is not anticipated to increase risk to 
public health, safety, or the environment because it outlines the 
procedures the Corps will follow when evaluating requests for section 
408 permissions. The Corps will comply with all statutory requirements 
when reviewing requests.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   04/00/23
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Small Entities Affected: No.
    Government Levels Affected: None.
    Agency Contact: Virginia Rynk, Department of Defense, U.S. Army 
Corps of Engineers, Attn: CECW-EC, 441 G Street NW, Washington, DC 
20314, Phone: 202 761-4741.
    RIN: 0710-AB22

DOD--COE

33. Flood Control Cost-Sharing Requirements Under the Ability To Pay 
Provision [0710-AB34]

    Priority: Other Significant. Major status under 5 U.S.C. 801 is 
undetermined.
    Unfunded Mandates: Undetermined.
    Legal Authority: 33 U.S.C. 2213(m)
    CFR Citation: 33 CFR 241.
    Legal Deadline: None.
    Abstract: Section 103(m) of the Water Resources Development Act 
(WRDA) of 1986, as amended (33 U.S.C. 2213(m)), authorizes the U.S. 
Army Corps of Engineers (Corps) to reduce the non-Federal share of the 
cost of a study or project for certain communities that are not able 
financially to afford the standard non-Federal cost-share. Part 241 of 
Title 33 in the Code of Federal Regulations provides the criteria that 
the Corps uses in making these determinations where the primary purpose 
of the study or project is flood damage reduction. The proposed rule 
would update this regulation, by broadening its applicability to 
include projects with other purposes (instead of just flood damage 
reduction) and the feasibility study of a project (instead of just 
design and construction).
    Statement of Need: The Corps may conduct a rulemaking to propose 
amendments to the Corps' regulations at 33 CFR part 241 for Corps 
projects. The WRDA 2000 modified section 103(m) to also include the 
following mission areas: environmental protection and

[[Page 11008]]

restoration, flood control, navigation, storm damage protection, 
shoreline erosion, hurricane protection, and recreation or an 
agricultural water supply project which have not yet been added to the 
regulation. It also included the opportunity to cost share all phases 
of a USACE project to also include feasibility in addition to the 
already covered design and construction. This rule would provide a 
framework for deciding which projects are eligible for consideration 
for a reduction in the non-Federal cost share based on ability to pay.
    Summary of Legal Basis: 33 U.S.C. 2213(m).
    Alternatives: The preferred alternative is to conduct rulemaking to 
amend 33 CFR 241 by broadening the project purposes for which the Corps 
could reduce the non-Federal cost-share based on ability to pay and by 
allowing such a reduction for feasibility studies. The next best 
alternative would be to provide additional guidance instead of amending 
the existing regulation. This alternative could lead to confusion for 
the regulated public.
    Anticipated Cost and Benefits: The proposed rule would add Corps 
procedures on the ability to pay provision allowing for consistent 
implementation across the Corps and clear understanding of the program 
and its requirements by the regulated public.
    Risks: The proposed action is not anticipated to increase risk to 
public health, safety, or the environment because it outlines the 
procedures the Corps will follow when evaluating the ability to pay 
provision for cost-sharing with the non-Federal sponsor.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   11/00/23
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Undetermined.
    Government Levels Affected: None.
    Agency Contact: Amy Frantz, Program Manager, Department of Defense, 
U.S. Army Corps of Engineers, CECW-P, 441 G Street NW, Washington, DC 
20314, Phone: 202 761-0106, Email: [email protected].
    Related RIN: Previously reported as 0710-AA91
    RIN: 0710-AB34

DOD--COE

34. USACE Implementing Procedures for Principles, Requirements, and 
Guidelines Applicable to Actions Involving Investment in Water 
Resources [0710-AB41]

    Priority: Other Significant. Major status under 5 U.S.C. 801 is 
undetermined.
    Unfunded Mandates: Undetermined.
    Legal Authority: Sec. 2031 of Pub. L. 110-114
    CFR Citation: Not Yet Determined.
    Legal Deadline: None.
    Abstract: Section 2031 of the Water Resources Development Act of 
2007 (Pub. L. 110-114) called for revisions to the 1983 Principles and 
Guidelines for Water and Land Related Resources Implementation Studies, 
resulting in the issuance of the Principles and Requirements (P&R) 
guidance document in March 2013 and the Interagency Guidelines in 
December 2014, which together comprise the Principles, Requirements, 
and Guidelines (PR&G). The PR&G are intended to provide a common 
framework and comprehensive policy and guidance for analyzing a diverse 
range of water resources projects, programs, activities, and related 
actions involving Federal investment in water resources. The U.S. Army 
Corps of Engineers (Corps) proposes a regulation to show how it would 
apply the PR&G to the Corps' mission and authorities. In this proposed 
regulation, the Corps intends to increase consistency and compatibility 
in Federal water resources investment decision making to include 
considerations such as analyzing a broader range of long-term costs and 
benefits, enhancing collaboration, including a more thorough and 
transparent risk and uncertainty analyses, and improving resilience for 
dealing with emerging challenges, including climate change.
    Statement of Need: The Corps needs to develop implementing 
procedures for the Principles, Requirements, and Guidelines (PR&G) per 
a requirement under section 110 of the Water Resources Development Act 
of 2020.
    Summary of Legal Basis: Section 110 of the Water Resources 
Development Act of 2020 directed the Corps to implement the PR&G. Also 
see section 2031 of Public Law 110-114.
    Alternatives: The Corps could implement PR&G with guidance rather 
than through rulemaking; however, such procedures would not be binding 
on the Corps or the public as any procedures would not have undergone 
APA rulemaking. The Corps would not develop procedures to implement 
PR&G and instead rely solely on the PR&G documents to implement. This 
could result in confusion and a lack of consistency for the Corps and 
the public as to how and when to apply PR&G to Civil Works authorities. 
The Corps proposes to conduct rulemaking to ensure the PR&G 
implementing procedures are clear for the Corps and the public as well 
as binding.
    Anticipated Cost and Benefits: As this rulemaking action is 
implementing procedures for the Corps to ensure compliance with the 
PR&G, there may be some administrative costs incurred to the Corps for 
implementation and training. There would be benefits accrued to the 
public in the form of reduced confusion and assurance of consideration 
of comprehensive benefits for water resource development projects. The 
rulemaking action would also result in more net beneficial project 
outcomes from improved decision making.
    Risks: The proposed action is not anticipated to increase risk to 
public health, safety, or the environment because it outlines the 
procedures the Corps will follow for implementing a federal statutory 
requirement in WRDA as well as Administration policy. The Corps will 
comply with all statutory requirements when implementing PR&G.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   05/00/23
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Government Levels Affected: None.
    Agency Contact: Stacey M. Jensen, Office of the Assistant Secretary 
of the Army, Department of Defense, U.S. Army Corps of Engineers, 108 
Army Pentagon, Washington, DC 22202, Phone: 703 695-6791, Email: 
[email protected].
    RIN: 0710-AB41

DOD--COE

35. Appendix C Procedures for the Protection of Historic Properties 
[0710-AB46]

    Priority: Other Significant. Major status under 5 U.S.C. 801 is 
undetermined.
    Unfunded Mandates: Undetermined.
    Legal Authority: 33 U.S.C. 401; 33 U.S.C. 1344; 33 U.S.C. 1413
    CFR Citation: 33 CFR 325.
    Legal Deadline: None.
    Abstract: The U.S. Army Corps of Engineers (Corps) considers the 
effects

[[Page 11009]]

of its actions on historic properties pursuant to section 106 of the 
National Historic Preservation Act (NHPA). The Corps' Regulatory 
Program's regulations for complying with the NHPA are outlined at 33 
CFR 325 appendix C. Since these regulations were promulgated in 1990, 
there have been amendments to the NHPA and revisions to the Advisory 
Council on Historic Preservation's (ACHP) regulations at 36 CFR part 
800. In response, the Corps issued interim guidance until rulemaking 
could be completed in order to ensure full compliance with the NHPA and 
ACHP's regulations. The Corps proposes to revise its regulations to 
conform to the ACHP regulations.
    Statement of Need: Appendix C intends to provide the implementing 
procedures for the Regulatory Program's compliance with section 106 of 
the National Historic Preservation Act. Rulemaking is required to 
ensure the Regulatory Program is compliant with the NHPA and ACHP's 
implementing regulations at 36 CFR 800 for federal agency compliance 
with Section 106. The NHPA and the ACHP regulations have been updated 
since Appendix C was promulgated.
    Summary of Legal Basis: Appendix C was promulgated through an APA 
rulemaking process intended to provide compliance with section 106 of 
the NHPA specific to the Regulatory Program.
    Alternatives: Alternatives considered include retaining appendix C, 
which in its current state is not compliant with the updates to NHPA or 
the ACHP implementing regulations for federal agencies. The current 
appendix C is also not compliant with the NHPA and Administration 
policies regarding Tribal Nations. Another alternative is to rescind 
Appendix C and have the Regulatory Program rely on the ACHP 
implementing regulations. This would ensure consistency with the Civil 
Works program of the Corps and ensure compliance with the statutory and 
regulation language. Another alternative is to modify appendix C to 
update the regulation incorporating changes made since promulgation to 
the NHPA and ACHP implementing regulations. The goal would be to ensure 
compliance with NHPA and the ACHP implementing regulations but the end 
result would be comparable to the rescission alternative with more 
resource and workload effort. It would also result in continued 
confusion for the public with the differing name from ACHP's 
regulations and Civil Works implementation.
    Anticipated Cost and Benefits: As this rulemaking action is 
implementing procedures for the Corps to ensure compliance with the 
NHPA, there may be some administrative costs incurred to the Corps for 
training. There would be benefits accrued to the public in the form of 
reduced confusion and assurance of consideration of potential adverse 
effects to historic properties and items and areas of cultural/
religious significance.
    Risks: The proposed action is not anticipated to increase risk to 
public health, safety, or the environment because it outlines the 
procedures the Corps will follow for implementing a federal statutory 
requirement. The Corps will comply with all statutory requirements when 
reviewing permit applications.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   05/00/23
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Undetermined.
    Government Levels Affected: None.
    Federalism: Undetermined.
    Agency Contact: Margaret Gaffney-Smith, Regulatory Program Manager, 
Department of Defense, U.S. Army Corps of Engineers, Attn: CECW-CO, 441 
G Street NW, Washington, DC 20314, Phone: 202 761-4229.
    RIN: 0710-AB46

DOD--COE

36. Revised Definition of ``Waters of the United States''--Rule 2 
[0710-AB47]

    Priority: Economically Significant. Major status under 5 U.S.C. 801 
is undetermined.
    Unfunded Mandates: Undetermined.
    Legal Authority: 33 U.S.C. 1344
    CFR Citation: 33 CFR 328.
    Legal Deadline: None.
    Abstract: The EPA and the Department of the Army (the agencies'') 
intend to pursue a second rule defining ''Waters of the United States'' 
to consider further revisions to the agencies' first rule (RIN 2040-
AG13), which proposes to develop regulations that are founded on the 
familiar framework of the pre-2015 regulations, are consistent with the 
statute and informed by relevant Supreme Court decisions, and that 
reflect a reasonable interpretation based on the record before the 
agencies, including the best available science. This second rule 
proposes to include revisions reflecting on additional stakeholder 
engagement and implementation considerations, scientific developments, 
and environmental justice values. This effort would also be informed by 
the experience of implementing the pre-2015 rule, the 2015 Clean Water 
Rule, and the 2020 Navigable Waters Protection Rule.
    Statement of Need: In 2015, the Environmental Protection Agency and 
the Department of the Army (``the agencies'') published the ``Clean 
Water Rule: Definition of `Waters of the United States' (80 FR 37054, 
June 29, 2015).'' In April 2020, the agencies published the Navigable 
Waters Protection Rule (85 FR 22250, April 21, 2020). The agencies 
conducted a substantive re-evaluation of the definition of ``waters of 
the United States'' in accordance with the Executive Order 13990 and 
determined that they need to revise the definition to ensure the 
agencies listen to the science, protect the environment, ensure access 
to clean water, consider how climate change resiliency may be affected 
by the definition of waters of the United States, and to ensure 
environmental justice is prioritized in the rulemaking process.
    Summary of Legal Basis: The Clean Water Act (33 U.S.C. 1251 et 
seq.).
    Alternatives: Please see EPA's alternatives. EPA is the lead for 
this rulemaking action.
    Anticipated Cost and Benefits: Please see EPA's statement of 
anticipated costs and benefits. EPA is the lead for this rulemaking 
action.
    Risks: Please see EPA's risks. EPA is the lead for this rulemaking 
action.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   09/00/23
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Undetermined.
    Government Levels Affected: Undetermined.
    Federalism: Undetermined.
    Agency Contact: Stacey M. Jensen, Office of the Assistant Secretary 
of the Army, Department of Defense, U.S. Army Corps of Engineers, 108 
Army Pentagon, Washington, DC 22202, Phone: 703 695-6791, Email: 
[email protected].
    RIN: 0710-AB47

DOD--COE

Final Rule Stage

37. Credit Assistance for Water Resources Infrastructure Projects 
[0710-AB31]

    Priority: Other Significant.
    Legal Authority: Pub. L. 114-94; Pub. L. 114-322; Pub. L. 115-270; 
33 U.S.C. 3901

[[Page 11010]]

    CFR Citation: 33 CFR 386.
    Legal Deadline: None.
    Abstract: The U.S. Army Corps of Engineers (Corps) is implementing 
a new credit program for dam safety work at non-Federal dams. The 
program is authorized under the Water Infrastructure Finance and 
Innovation Act of 2014 (WIFIA) and Division D, title 1 of the 
Consolidated Appropriations Act of 2020. WIFIA authorizes the Corps to 
provide secured (direct) loans and loan guarantees (Federal Credit 
instruments) to eligible water resources infrastructure projects and to 
charge fees to recover all or a portion of the Corps' cost of providing 
credit assistance and the costs of conducting engineering reviews and 
retaining expert firms, including financial and legal services, to 
assist in the underwriting and servicing of Federal credit instruments. 
Projects will be evaluated and selected by the Secretary of the Army 
(the Secretary) based on the requirements and the criteria described in 
this rule.
    Statement of Need: The USACE WIFIA program is focused on providing 
Federal loans, and potentially to also include loan guarantees, to 
projects for maintaining, upgrading, and repairing dams identified in 
the National Inventory of Dams owned by non-federal entities. These 
loans will be repaid with non-Federal funding.
    Summary of Legal Basis: The USACE WIFIA program was authorized 
under subtitle C of title V of the Water Resources Reform and 
Development Act of 2014 (WRRDA 2014), which authorizes USACE to provide 
secured (direct) loans, and potentially to also include loan 
guarantees, to eligible water resources infrastructure projects (needed 
further authorization was provided by Division D, title 1 of the 
Consolidated Appropriations Act of 2020). The statute also authorizes 
USACE to charge fees to recover all or a portion of USACE's cost of 
providing credit assistance and the costs of conducting engineering 
reviews and retaining expert firms, including financial and legal 
services, to assist in the underwriting and servicing of Federal credit 
instruments.
    The Fiscal 2021 Consolidated Appropriations Act, provided USACE 
WIFIA appropriations of $2.2M admin, and $12M credit subsidy and a loan 
volume limit of $950M. These appropriated funds are limited to fund 
projects focused on maintaining, upgrading, and repairing dams 
identified in the National Inventory of Dams owned by non-federal 
entities, essentially dams where the primary owner is a state, local 
government, public utility, or private owner.
    Alternatives: The preferred alternative would be to conduct 
proposed rulemaking to implement a new credit program for dam safety 
work at non-Federal dams in the form of a binding regulation in 
compliance with the Water Infrastructure Finance and Innovation Act of 
2014 (WIFIA) and Division D, title 1 of the Consolidated Appropriations 
Act of 2020. The next best alternative would involve issuing these 
implementing procedures in the form of an Engineer Regulation. That 
alternative would not fulfill the intent of the law because it would 
not be binding on the regulated public. The no action alternative would 
be to not conduct rulemaking which would not fulfill the authorization 
provided by Congress.
    Anticipated Cost and Benefits: The proposed rule would add Corps 
procedures to the CFR on the implementation of a new credit program for 
dam safety work at non-Federal dams to allow for consistent 
implementation across the Corps and clear understanding of the program 
and its requirements by the regulated public. The USACE would incur 
costs to administer the loan program while benefits are expected for 
the public in the form of benefits from projects enabled by WIFIA 
loans. WIFIA compliance costs likely include costs associated with 
application and transaction processing fees, which are waived or 
reduced for small and disadvantaged communities, obtaining a credit 
rating letter, any consultant fees (not required), completing 
applications, reporting requirements, and record keeping. These costs 
are not anticipated to represent a significant economic impact, 
especially given that participation in the program is voluntary.
    Risks: The proposed action is not anticipated to increase risk to 
public health, safety, or the environment because it outlines the 
procedures the Corps will follow for implementing a federal loan 
program. The Corps will comply with all statutory requirements when 
reviewing requests.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   06/10/22  87 FR 35473
NPRM Comment Period End.............   08/09/22
Final Action........................   04/00/23
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Small Entities Affected: No.
    Government Levels Affected: None.
    Agency Contact: Aaron Snyder, Department of Defense, U.S. Army 
Corps of Engineers, 441 G Street NW, Washington, DC 20314, Phone: 651 
290-5489, Email: [email protected].
    Related RIN: Merged with 0710-AB32
    RIN: 0710-AB31

DOD--COE

38. Revised Definition of ``Waters of the United States''--Rule 1 
[0710-AB40]

    Priority: Economically Significant. Major under 5 U.S.C. 801.
    Unfunded Mandates: Undetermined.
    Legal Authority: 33 U.S.C. 1344
    CFR Citation: 33 CFR 328.
    Legal Deadline: None.
    Abstract: In April 2020, the EPA, and the Department of the Army 
(the ``agencies'') published the Navigable Waters Protection Rule 
(NWPR) that revised the previously-codified definition of ``waters of 
the United States'' (85 FR 22250, April 21, 2020). The agencies 
initiated the development of regulations that are founded on the 
familiar framework of the pre-2015 regulations, are consistent with the 
statute and informed by relevant Supreme Court decisions, and that 
reflect a reasonable interpretation based on the record before the 
agencies, including the best available science. The proposal was open 
for public comment between Dec 2021 and Feb 2022. It is planned that 
this rule will be finalized by the end of the calendar year (2022).
    Statement of Need: In 2015, the Environmental Protection Agency and 
the Department of the Army (``the agencies'') published the ``Clean 
Water Rule: Definition of `Waters of the United States (80 FR 37054, 
June 29, 2015).'' In April 2020, the agencies published the Navigable 
Waters Protection Rule (85 FR 22250, April 21, 2020). The agencies 
conducted a substantive re-evaluation of the definition of ``waters of 
the United States'' in accordance with the Executive Order 13990 and 
determined that they need to revise the definition to ensure the 
agencies listen to the science, protect the environment, ensure access 
to clean water, consider how climate change resiliency may be affected 
by the definition of waters of the United States, and to ensure 
environmental justice is prioritized in the rulemaking process.
    Summary of Legal Basis: The Clean Water Act (33 U.S.C. 1251 et 
seq.).
    Alternatives: Please see EPA's alternatives. EPA is the lead for 
this rulemaking action.
    Anticipated Cost and Benefits: Please see EPA's statement of 
anticipated costs

[[Page 11011]]

and benefits. EPA is the lead for this rulemaking action.
    Risks: Please see EPA's risks. EPA is the lead for this rulemaking 
action.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   12/07/21  86 FR 69372
NPRM Comment Period End.............   02/07/22
Final Action........................   12/00/22
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Government Levels Affected: None.
    Federalism: Undetermined.
    Agency Contact: Stacey M. Jensen, Office of the Assistant Secretary 
of the Army, Department of Defense, U.S. Army Corps of Engineers, 108 
Army Pentagon, Washington, DC 22202, Phone: 703 695-6791 Email: 
[email protected].
    RIN: 0710-AB40

DOD--OFFICE OF ASSISTANT SECRETARY FOR HEALTH AFFAIRS (DODOASHA)

Final Rule Stage

39. TRICARE Reimbursement of Ambulatory Surgery Centers and Outpatient 
Services Provided in Cancer and Children's Hospitals [0720-AB73]

    Priority: Other Significant.
    Legal Authority: 5 U.S.C. 301; 10 U.S.C. ch. 55
    CFR Citation: 32 CFR 199.
    Legal Deadline: None.
    Abstract: The Department of Defense, Defense Health Agency, is 
revising its regulation on the reimbursement of ambulatory surgery 
centers (ASC) and outpatient services provided in Cancer and Children's 
Hospitals (CCHs). Revisions are in accordance with the statutory 
provision at title 10 of the U.S.C., section 1079(i)(2) that requires 
TRICARE's payment methods for institutional care be determined, to the 
extent practicable, in accordance with the same reimbursement rules as 
apply to payments to providers of services of the same type under 
Medicare. In accordance with this requirement, TRICARE will: (1) adopt 
Medicare's payment methodology for Ambulatory Surgery Centers (ASC) and 
(2) adopt Medicare's payment methodology for outpatient services 
provided in Cancer and Children's Hospitals (CCHs). Although Medicare's 
reimbursement methods for ASC and CCHs are different, it is prudent to 
adopt both the Medicare ASC system and to adopt the Outpatient 
Prospective Payment System (OPPS) with hold-harmless adjustments 
(meaning the provider is not reimbursed less than their costs) for CCHs 
simultaneously to align with our statutory requirement to reimburse 
like Medicare at the same time. This rule makes the modifications 
necessary to implement TRICARE reimbursement methodologies similar to 
those applicable to Medicare beneficiaries for outpatient services 
rendered in ASCs and CCHs.
    Statement of Need: The rule finalizes modifications to TRICARE 
regulation necessary to implement Medicare-similar reimbursement 
methods for Ambulatory Surgery Centers (ASCs) and Cancer and Children's 
Hospitals (CCHs). This is outlined in 10 U.S.C. 1079(i)(2) which 
requires TRICARE's payment methods for institutional care be 
determined, to the extent practicable, in accordance with the same 
reimbursement rules as apply to payments to providers of services of 
the same type under Medicare.
    Summary of Legal Basis: This rule is issued under 10 U.S.C. 1073 
(a)(2) giving authority and responsibility to the Secretary of Defense 
to administer the TRICARE program.
    Alternatives:
    (1) No action.
    (2) Permitting a transition period for Ambulatory Surgery Centers 
(ASCs). DHA explored the use of a transition period that blended the 
current reimbursement method with the proposed method. This would 
slowly shift the rates to be fully aligned with Medicare at the end of 
the transition and would protect providers from lower payments. After 
comparing the differences in rates, DHA found that many providers are 
likely to see an increase in reimbursement, which would not be 
effective until the end of the transition period. Some providers may 
see a decrease in payments, but on the whole, Medicare's payments have 
been found to be adequate based upon a Medicare Payment Advisory 
Committee (MedPAC) review. As a result, DHA will not adopt a transition 
period.
    (3) Permitting a transition period for Cancer and Children's 
Hospitals (CCHs). DHA explored the use of a transition period that 
blended the current reimbursement method with the proposed, and slowly 
shifted the rates to be fully aligned with Medicare at the end of the 
transition. This would be done to protect providers from payments below 
their cost, in the event that the rates are significantly affected. To 
protect CCHs, DHA will ensure that CCHs are reimbursed the greater of 
100% of their costs or the OPPS payment. Because many CCH providers 
will receive payment increases, a transition period would not be 
beneficial for them. Historically, transitions are done to protect 
providers from payments below their costs. However, in this case, 
providers will be held-harmless, so no transition is necessary.
    Anticipated Cost and Benefits: Economic impact of this rule is 
based on analysis of expected outcomes had the rule been implemented in 
2021. The overall impact to the DoD, for ASC reimbursement, would be 
$10 million in reduced payments for ASCs. The overall impact to the 
DoD, for adopting OPPS for CCHs, would be $35 million in reduced 
payments to these providers. The combined impact is a cost-saving of 
approximately $45 million, which would be offset by $1.5 million in 
administrative costs to implement the changes. This estimated reduction 
in costs of $45 million is a transfer from providers to DoD.
    Risks: None. DHA is adopting the new Ambulatory Surgery Center 
(ASC) and Cancer and Children's Hospital (CCH) reimbursement systems to 
be consistent with Medicare's, as required by statute. Although DHA 
expects a decrease in total TRICARE payments for ASCs; however, rates 
for almost half the high-volume ASC surgeries will increase under the 
new ASC payment system. DHA also notes that even if some ASCs deny 
access to some surgeries, TRICARE beneficiaries would be largely 
protected from access problems as these patients could have their 
surgeries performed in hospital outpatient departments (HOPDs). 
Additionally, CCHs will be held harmless, as they will receive, at a 
minimum, one-hundred percent of its costs, or the higher payment under 
Outpatient Prospective Payment System (OPPS). Under the new method, 
CCHs may be eligible for the General Temporary Military Contingency 
Payment Adjustments (GTMCPA) that will ensure network adequacy during 
military contingency operations. These GTMCPAs will be issued in the 
same manner as those made currently under TRICARE's OPPS.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   11/29/19  84 FR 65718
NPRM Comment Period End.............   01/28/20
Final Action........................   02/00/23
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Small Entities Affected: Businesses.
    Government Levels Affected: None.

[[Page 11012]]

    Agency Contact: Jahanbakhsh Badshan, Department of Defense, Office 
of Assistant Secretary for Health Affairs, 16401 East Centretech 
Parkway, Aurora, CO 80011,  Phone: 303 676-3881, Email: 
[email protected].
    RIN: 0720-AB73

DOD--DODOASHA

40. TRICARE Coverage of National Institute of Allergy and Infectious 
Disease Coronavirus Disease 2019 Clinical Trials [0720-AB83]

    Priority: Other Significant.
    Legal Authority: 5 U.S.C. 301; 10 U.S.C. ch. 55
    CFR Citation: 32 CFR 199.
    Legal Deadline: None.
    Abstract: This rule finalizes provisions published in two interim 
final rules with request for comment, which temporarily added coverage 
for the treatment use of investigation drugs under U.S. Food and Drug 
Administration (FDA) approved expanded access programs when for the 
treatment of coronavirus disease 2019 (COVID-19) and permitted coverage 
of National Institute of Allergy and Infectious Disease (NIAID)-
sponsored clinical trials for the treatment or prevention of COVID-19.
    Statement of Need: This final rule is required to finalize certain 
temporary flexibilities enacted in interim final rules published in 
2020 in response to the COVID-19 pandemic.
    Pursuant to the President's national emergency declaration and as a 
result of the worldwide COVID-19 pandemic, the Assistant Secretary of 
Defense for Health Affairs hereby temporarily modified the regulation 
at 32 CFR 199.4(e)(26) to permit TRICARE coverage for National 
Institute of Allergy and Infectious Disease (NIAID)-sponsored COVID-19 
phase I, II, III, and IV clinical trials for the treatment or 
prevention of coronavirus disease 2019 (COVID-19). This provision 
supports increased access to emerging therapies for TRICARE 
beneficiaries.
    Summary of Legal Basis: This rule is issued under 10 U.S.C. 
1073(a)(2) giving authority and responsibility to the Secretary of 
Defense to administer the TRICARE program.
    Alternatives:
    (1) No action.
    (2) The second alternative the DoD considered was implementing a 
more limited benefit change for COVID-19 patients by not covering phase 
I clinical trials. Although this would have the benefit of reimbursing 
only care that has more established evidence in its favor, this 
alternative is not preferred because early access to treatments is 
critical for TRICARE beneficiaries given the rapid progression of the 
disease and the lack of available approved treatments.
    Anticipated Cost and Benefits: Any cost to beneficiaries would be 
consistent with existing costs under the TRICARE Program (such as cost-
shares and copayments). Finalizing TRICARE coverage of clinical trials 
will benefit TRICARE beneficiaries by ensuring they continue to have 
access to emerging therapies in the safest setting possible.
    In the interim final rule, DoD estimated the total cost for TRICARE 
participation in NIAID-sponsored COVID-19 clinical trials would be 
$3.2M for the duration of the national emergency, with an additional 
$4.0M for continued care for beneficiaries enrolled in clinical trials 
prior to termination of the national emergency. There were several 
assumptions we made in developing this estimate. The duration of the 
COVID-19 national emergency is uncertain; however, for the purposes of 
this estimate, we assumed the national emergency would expire on 
September 30, 2021. As of the drafting of the IFR, there were 27 NIAID-
sponsored COVID-19 clinical trials begun since the start of the 
national emergency. We assumed 6.2 new trials every 30 days, for a 
total of 126 trials by September 2021. We assumed, based on average 
trial enrollment and that TRICARE beneficiaries would participate in 
trials at the same rate as the general population, that 4,549 TRICARE 
beneficiaries would participate through September 2021. Each of the 
assumptions in this estimate is highly uncertain, and our estimate 
could be higher or lower depending on real world events (more or fewer 
trials, a longer or shorter national emergency, and/or higher or lower 
participation in clinical trials by TRICARE beneficiaries).
    Benefits: These changes expand the therapies available to TRICARE 
beneficiaries in settings that ensure informed consent of the 
beneficiary, and where the benefits of treatment outweigh the potential 
risks. Participation in clinical trials may provide beneficiaries with 
benefits such as reduced hospitalizations and/or use of a mechanical 
ventilator. Although we cannot estimate the value of avoiding these 
outcomes quantitatively, the potential long-term consequences of 
serious COVID-19 illness, including permanent cardiac or lung damage, 
are not insignificant. Beneficiary access to emerging therapies that 
reduce these long-term consequences or even death can be considered to 
be high-value for those able to participate.
    TRICARE providers will be positively affected by being able to 
provide their patients with a broader range of treatment options. The 
general public will benefit from an increased pool of available 
participants for the development of treatments and vaccines for COVID-
19, as well as the evidence (favorable or otherwise) that results from 
this participation.
    Risks: None. This rule will not directly affect the efficient 
functioning of the economy or private markets. However, increasing the 
pool of available participants for clinical trials may help speed the 
development of treatments or vaccines for COVID-19. Once effective 
treatments or vaccines for COVID-19 exist, individuals are likely to be 
more confident interacting in the public sphere, resulting in a 
positive impact on the economy and private markets.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Interim Final Rule..................   10/30/20  85 FR 68753
Interim Final Rule Effective........   10/30/20
Interim Final Rule Comment Period      11/30/20
 End.
Final Action........................   05/00/23
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Undetermined.
    Government Levels Affected: Undetermined.
    Agency Contact: Jennifer Stankovic, Department of Defense, Office 
of Assistant Secretary for Health Affairs, 16401 E Centretech Parkway, 
Aurora, CO 80011-9066, Phone: 303 676-3742, Email: 
[email protected].
    Related RIN: Related to 0720-AB81, Related to 0720-AB82
    RIN: 0720-AB83

DOD--DODOASHA

41. Expanding TRICARE Access to Care in Response to the COVID-19 
Pandemic [0720-AB85]

    Priority: Other Significant.
    Legal Authority: 5 U.S.C. 301; 10 U.S.C. ch. 55
    CFR Citation: 32 CFR 199.
    Legal Deadline: None.
    Abstract: This interim final rule with comment will temporarily 
amend the TRICARE regulation at 32 CFR part 199 by: (1) adding 
freestanding End Stage Renal Disease facilities as a category of 
TRICARE-authorized institutional

[[Page 11013]]

provider and modifying the reimbursement for such facilities; and (2) 
adopting Medicare New COVID-19 Treatments Add-on Payments (NTCAPs).
    Statement of Need: Pursuant to the President's emergency 
declaration and as a result of the COVID-19 pandemic, the Assistant 
Secretary of Defense for Health Affairs is temporarily modifying the 
following regulations (except for the modifications to paragraphs 
199.6(b)(4)(xxi) and 199.14(a)(1)(iii)(E)(7), which will not expire), 
but, in each case, only to the extent necessary to ensure that TRICARE 
beneficiaries have access to the most up-to-date care required for the 
prevention, diagnosis, and treatment of COVID-19, and that TRICARE 
continues to reimburse like Medicare, to the extent practicable, as 
required by statute.
    The modifications to paragraphs 199.6(b)(4)(xxi) and 
199.14(a)(1)(iii)(E)(7) establish freestanding End Stage Renal Disease 
(ESRD) facilities as a category of TRICARE-authorized institutional 
provider and modify TRICARE reimbursement of freestanding ESRD 
facilities. These provisions will improve TRICARE beneficiary access to 
medically necessary dialysis and other ESRD services and supplies. 
These provisions also support the requirement that TRICARE reimburse 
like Medicare, and will help to alleviate regional health care 
shortages due to the COVID-19 pandemic by ensuring access to dialysis 
care in freestanding ESRD facilities rather than hospital outpatient 
departments.
    The modification to paragraph 199.14(a)(iii)(E) adopts Medicare's 
New COVID-19 Treatments Add-on Payment (NCTAP) for COVID-19 cases that 
meet Medicare's criteria. This provision increases access to emerging 
COVID-19 treatments and supports the requirement that TRICARE reimburse 
like Medicare.
    Summary of Legal Basis: This rule is issued under 10 U.S.C. 1073 
(a)(2) giving authority and responsibility to the Secretary of Defense 
to administer the TRICARE program.
    Alternatives:
    (1) No action.
    (2) The second alternative the Department of Defense considered was 
to adopt Medicare's ESRD reimbursement methodology, the ESRD 
Prospective Payment System (PPS), in total. While this would have been 
completely consistent with the statutory provision to pay institutional 
providers using the same reimbursement methodology as Medicare, this 
alternative is not preferred because there is still a relatively low 
volume of TRICARE beneficiaries who receive dialysis services from 
freestanding ESRDs and who are not enrolled to Medicare. The cost of 
implementing the full ESRD PPS system is estimated to be at least 
$600,000.00 in start-up costs, plus ongoing administrative costs, to 
ensure all adjustments were made for each claim, plus additional 
special pricing software or algorithms. In contrast, we estimate that 
the option provided in this IFR can be implemented relatively quickly 
(within six months of publication), and for approximately $300,000.00 
in start-up costs with lower ongoing administrative costs. Further, the 
flat rate will provide the ESRD facilities with predictability with 
regard to TRICARE payments and will reduce uncertainty and specialized 
coding or case-mix documentation requirements that may be required by 
the ESRD PPS, reducing the administrative burden on the provider.
    To summarize, adopting the ESRD PPS was considered, but was deemed 
impracticable and overly burdensome to both the Government and 
providers due to the relative low volume of claims that will be priced 
and paid by TRICARE as primary under this system.
    Anticipated Cost and Benefits: $8.08 million. Only the ESRD 
provisions are expected to result in recurring incremental health care 
costs; the remaining two provisions are expected to result in one-time 
cost increases.
    This estimate includes approximately $0.9M in administrative costs 
and $5.9M in direct health care costs.
    $1.8M of the total cost impact is expected to be a one-time start-
up cost for both the temporary and permanent provisions, while the 
permanent ESRD provisions are expected to result in $5M in incremental 
annual costs.
    Risks: None. This rule will promote the efficient functioning of 
the economy and markets by modifying the regulations to better 
reimburse health care providers for care provided during the COVID-19 
pandemic, particularly as strain on the health care economy is being 
felt due to reductions in higher cost elective procedures. 
Additionally, this rule will increase the access of TRICARE 
beneficiaries to more providers administering COVID-19 vaccinations, 
which promotes the efficient functioning of the U.S. economy by 
quickening the pace at which the public receives COVID-19 vaccinations.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Interim Final Rule..................   03/00/23
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Small Entities Affected: No.
    Government Levels Affected: None.
    Agency Contact: Jahanbakhsh Badshah, Healthcare Program 
Specialist--Reimbursement, Department of Defense, Office of Assistant 
Secretary for Health Affairs, 16401 E Centretech Parkway, Aurora, CO 
80011, Phone: 303 676-3881, Email: [email protected].
    RIN: 0720-AB85

DOD--DODOASHA

42. Collection From Third Party Payers of Reasonable Charges for 
Healthcare Services; Amendment [0720-AB87]

    Priority: Other Significant.
    Legal Authority: NDAA 2021, sec. 702
    CFR Citation: 32 CFR 220.
    Legal Deadline: None.
    Abstract: The National Defense Authorization Act (NDAA) section 702 
for Fiscal Year (FY) 2021 provides authority to waive fees charged for 
certain civilian non-beneficiary patients: (1) after the patient's 
insurance pays, if any, the civilian is not able to pay for the trauma 
or other medical care provided to the civilian; and (2) the provision 
of such care enhances the knowledge, skills, and abilities of health 
care providers, as determined by the Secretary. The amendment of 32 CFR 
220.7 would delegate authority to the Secretary of Defense or a 
Secretary of Defense established representative to waive medical debt 
owed for services rendered at Military Treatment Facilities (MTF) if 
the patient requests a medical debt waiver and meets the two specified 
criteria.
    This amendment should be made as current legislation and policies 
can lead to an undue financial burden on non-beneficiary patients who 
have incurred medical debt from treatment at MTFs. The Debt Collection 
Improvement Act of 1996 and the Digital Accountability and Transparency 
act of 2014 drive federal collection activities and can place 
individuals indebted to the government at risk of financial hardship. 
By making these changes, the Secretary of Defense would have the 
ability to waive non-beneficiary civilian debt in cases where the 
patient is unable to pay as determined using U.S. Treasury guidelines 
and when the care provided enhances the knowledge, skills, and 
abilities of health care providers.
    Statement of Need: Section 702 of the FY 2021 NDAA amends 10 U.S.C. 
1079b by inserting a new subsection regarding the waiver of fees. Under 
section 702,

[[Page 11014]]

the Secretary of Defense may waive a fee charged to a civilian who is 
not a covered beneficiary if after insurance payments, if any, the 
civilian is not able to pay for the trauma or other medical care 
provided to the civilian; and the provision of such care enhanced the 
medical readiness of the health care provider or health care providers 
furnishing such care. This rule prescribes a new debt waiver process 
for medical debt owned for services rendered at Military Treatment 
Facilities to civilians who are not covered beneficiaries.
    Summary of Legal Basis: Section 702 of the FY 2021 NDAA amends 10 
U.S.C. 1079b by inserting a new subsection regarding the waiver of 
fees. Under section 702, the Secretary of Defense may waive a fee 
charged to a civilian who is not a covered beneficiary if after 
insurance payments, if any, the civilian is not able to pay for the 
trauma or other medical care provided to the civilian; and the 
provision of such care enhanced the medical readiness of the health 
care provider or health care providers furnishing such care.
    Alternatives:
    Alternative #1: The first alternative will use an outside agency, 
the Centralized Receivable Service (CRS) to complete the patient 
ability-to-pay assessment and make a recommendation to the DHA Cost 
Accounting Division (CAD) Financial Operations (FO). CAD FO will then 
make the final determination based on that recommendation. This 
alternative will utilize DHA's existing relationship with CRS, a 
program under the U.S. Department of Treasury focused on managing pre-
delinquent debt and debt in the early stages of delinquency before it 
is referred to the U.S. Treasury.
    Alternative #2: The DoD considered a second alternative in which 
the DHA UBO will stand up a cell to complete the ability-to-pay 
assessments and make a recommendation. The recommendations will be 
directed to either the DHA CAD FO for accounts under $100,000 or to the 
Deputy Assistant Director (DAD) FO for accounts over $100,000.
    Alternative #3: Option 3, which is DoD's preferred approach due to 
operational efficiency gains, would leverage existing partnerships with 
CRS and U.S. Treasury. For active or non-delinquent debt, the MTF UBO 
will direct all uninsured non-beneficiary accounts to CRS for billing. 
The patient can request a waiver by contacting CRS as directed on their 
invoice, the MTF will direct the account information to CRS to complete 
the financial analysis. If a patient is deemed financially culpable, 
collections will be pursued by CRS. If not, CRS will calculate an 
amount the debtor can pay within 3-5 years and waive the remaining 
debt. CRS would report decisions to DHA following established business 
rules and guidelines including monthly accounting of all waiver and 
compromise agreements to DHA, and immediately report waived amounts 
over $100,000. Any additional business rules will be decided by DHA FO 
and DHA General Counsel.
    Anticipated Cost and Benefits: This cost will be the fee paid to 
CRS for their services, totaling an estimated $145, 711. Time required 
for this alternative is an estimated 17 days based on CRS reported 
process completion estimates from the DAMP program. This would include 
time for the civilian to compile required documents, for CRS to draft 
the package and assess ability to pay, as well as CRS response time for 
a decision and any other follow-up activities for each request for 
waiver.
    Risks: None.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Interim Final Rule..................   08/00/23
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Small Entities Affected: No.
    Government Levels Affected: None.
    Agency Contact: DeLisa Prater, DHA Uniform Business Office Program 
Manager, Department of Defense, Office of Assistant Secretary for 
Health Affairs, 8111 Gatehouse Road, Suite #221, Falls Church, VA 
22042-5101, Phone: 703 275-6380, Email: [email protected].
    RIN: 0720-AB87
BILLING CODE 5001-06-P

DEPARTMENT OF EDUCATION

Statement of Regulatory Priorities

I. Introduction

    The U.S. Department of Education (Department) supports States, 
local communities, institutions of higher education, and families in 
improving education and other services nationwide to ensure that all 
Americans, including those with disabilities and who have been 
underserved, receive a high-quality and safe education and are prepared 
for employment that provides a livable wage. We provide leadership and 
financial assistance pertaining to education and related services at 
all levels to a wide range of stakeholders and individuals, including 
State educational and other agencies, local school districts, providers 
of early learning programs, elementary and secondary schools, 
institutions of higher education, career and technical schools, 
nonprofit organizations, students, members of the public, families, and 
many others. These efforts are helping to advance equity, recover from 
the COVID-19 pandemic, and ensure that all children and students from 
pre-kindergarten through grade 12 will be ready for, and succeed in, 
postsecondary education and employment, and that students attending 
postsecondary institutions, or participating in other postsecondary 
education options, are prepared for a profession or career.
    We also vigorously monitor and enforce the implementation of 
Federal civil rights laws in educational programs and activities that 
receive Federal financial assistance from the Department, and support 
innovative and promising programs, research and evaluation activities, 
technical assistance, and the dissemination of data, research, and 
evaluation findings to improve the quality of education.
    Overall, the laws, regulations, and programs that the Department 
administers will affect nearly every American during his or her life. 
Indeed, in the 2021-22 school year, about 56 million students attended 
an estimated 129,000 elementary and secondary schools in approximately 
13,600 districts, and about 20 million students enrolled in 
postsecondary institutions of higher education. Many of these students 
benefit from some degree of financial assistance or support from the 
Department.
    In developing and implementing regulations, guidance, technical 
assistance, evaluations, data gathering and reporting, and monitoring 
related to our programs, we are committed to working closely with 
affected persons and groups. Our core mission includes serving the most 
vulnerable, and facilitating equal access for all, to ensure all 
students receive a high-quality and safe education and complete it with 
a well-considered and attainable path to a sustainable career. Toward 
these ends, we work with a broad range of interested parties and the 
general public, including families, students, and educators; State, 
local, and Tribal governments; other Federal agencies; and neighborhood 
groups, community-based early learning programs, elementary and 
secondary schools, postsecondary institutions, rehabilitation service 
providers, adult education providers, professional associations, civil 
rights organizations,

[[Page 11015]]

nonprofits, advocacy organizations, businesses, and labor 
organizations.
    If we determine that it is necessary to develop regulations, we 
seek public participation at the key stages in the rulemaking process. 
We invite the public to submit comments on all proposed regulations 
through the internet or by regular mail. We also continue to seek 
greater public participation in our rulemaking activities through the 
use of transparent and interactive rulemaking procedures and new 
technologies.
    To facilitate the public's involvement, we participate in the 
Federal Docket Management System (FDMS), an electronic single 
Government-wide access point (www.regulations.gov) that enables the 
public to submit comments on different types of Federal regulatory 
documents and read and respond to comments submitted by other members 
of the public during the public comment period. This system provides 
the public with the opportunity to submit comments electronically on 
any notice of proposed rulemaking or interim final regulations open for 
comment as well as read and print any supporting regulatory documents.

II. Regulatory Priorities

    The following are the key rulemaking actions the Department is 
planning for the coming year. These rulemaking actions advance the 
Department's mission of ``promot[ing] student achievement and 
preparation for global competitiveness by fostering educational 
excellence and ensuring equal access.'' These rulemaking actions also 
advance the President's priorities of ensuring that every American has 
access to a high-quality education, regardless of background, and that 
government should affirmatively work to expand educational 
opportunities for underserved communities. During his time in office, 
the President has repeatedly made clear the importance of advancing 
equity and opportunity for those who have historically been 
underserved, both as a general matter and with regard to the education 
system in particular.
    See Executive Order 13985 (On Advancing Racial Equity and Support 
for Underserved Communities Through the Federal Government); Executive 
Order 14021 (Guaranteeing an Educational Environment Free From 
Discrimination on the Basis of Sex, Including Sexual Orientation or 
Gender Identity); Executive Order 14041 (White House Initiative on 
Advancing Educational Equity, Excellence, and Economic Opportunity 
Through Historically Black Colleges and Universities); Executive Order 
14045 (White House Initiative on Advancing Educational Equity, 
Excellence, and Economic Opportunity for Hispanics); Executive Order 
14049 (White House Initiative on Advancing Educational Equity, 
Excellence, and Economic Opportunity for Native Americans and 
Strengthening Tribal Colleges and Universities); and Executive Order 
14050 (White House Initiative on Advancing Educational Equity, 
Excellence, and Economic Opportunity for Black Americans). The 
rulemaking actions on the Department's agenda seek to advance the 
President's priorities, as set out in these executive orders and more 
broadly. Our regulatory agenda covers a wide range of topics, and a 
wide range of educational institutions-- from those serving our 
youngest children to colleges, universities, and adult education 
programs. In each of these contexts, promoting equity and opportunity 
for students who have been historically underserved is central to the 
Department's regulatory plan.

Postsecondary Education/Federal Student Aid

    The Department's upcoming higher education regulatory efforts 
include the following areas:

 Improving Income Driven Repayment
 Gainful Employment

    These rulemakings are focused on improving the rules governing 
student loan repayment and protecting students and taxpayers from 
career-training programs that fail to provide sufficient value, among 
other topics. These rulemakings reflect the Department's commitment to 
helping borrowers successfully manage their student loans and 
protecting students from harmful programs and practices that may derail 
their postsecondary and career goals. Through these regulatory efforts, 
the Department plans to address gaps in postsecondary outcomes, 
particularly those related to student loan repayment delinquency, and 
default, as well as the returns students receive for their investments. 
For its higher education rulemakings, generally the Department uses a 
negotiated rulemaking process. We selected participants for the 
negotiated rulemaking committees from nominees of the organizations and 
groups that represent the interests significantly affected by the 
proposed regulations. To the extent possible, we selected nominees who 
reflect the diversity among program participants.
    The Department used this negotiated rulemaking process for its 
rulemakings on Improving Income Driven Repayment and Gainful 
Employment. On Improving Income Driven Repayment, the Department plans 
to create or adjust an income driven repayment plan that would allow 
borrowers to more easily afford their student loan payments. For 
Gainful Employment, the Department plans to propose regulations on 
program eligibility under the HEA, including regulations that determine 
whether postsecondary educational programs prepare students for gainful 
employment in recognized occupations, and the conditions under which 
programs remain eligible for student financial assistance programs 
under Title IV of the HEA.

Civil Rights/Title IX

    The Secretary proposed to amend its regulations implementing Title 
IX of the Education Amendments of 1972, as amended, consistent with the 
priorities of the Biden-Harris Administration. These priorities include 
those set forth in Executive Order 13988 on Preventing and Combating 
Discrimination on the Basis of Gender Identity or Sexual Orientation 
and Executive Order 14021 on Guaranteeing an Educational Environment 
Free from Discrimination on the Basis of Sex, Including Sexual 
Orientation and Gender Identity.

Student Privacy

    The Department is considering policy options to amend the Family 
Educational Rights and Privacy Act (FERPA) regulations, to update, 
clarify, and improve the current regulations. The proposed regulations 
are also needed to implement statutory amendments to FERPA contained in 
the Uninterrupted Scholars Act of 2013 and the Healthy, Hunger-Free 
Kids Act of 2010, to reflect a change in the name of the office 
designated to administer FERPA, and to make changes related to the 
enforcement responsibilities of the office concerning FERPA.

Recently Completed Rulemakings

    Additionally, the Department has recently concluded a number of 
critical rulemakings, including Public Service Loan Forgiveness; 
Borrower Defense to Repayment; Improving Discharges for Total and 
Permanent Disabilities, Closed Schools, and False Certification; 
Determining the Amount of Federal Education Assistance Funds Received 
by Institutions of Higher Education (90/10); and Pell Grants for Prison 
Education Programs. For Public Service Loan Forgiveness, the Department 
streamlined the process for receiving loan forgiveness after 10 years 
of qualifying payments on qualifying loans while engaging in public 
service. For

[[Page 11016]]

Borrower Defense, the Secretary amended the regulations that specify 
the acts or omissions of an institution of higher education that a 
borrower may assert as a defense to repayment of a loan made under the 
Federal Direct Loan Program. In Improving Discharges for Total and 
Permanent Disabilities, Closed Schools, and False Certification, the 
Department improved areas where Congress has provided borrowers with 
relief or benefits related to Federal student loans. This includes 
authorities granted under the Higher Education Act (HEA) that allow the 
Department to cancel loans for borrowers who meet certain criteria, 
such as having a total and permanent disability, attending a school 
that closed, or having been falsely certified for a student loan. For 
these borrowers, the Secretary amended the regulations relating to 
borrower eligibility and streamlined application requirements and the 
application and certification processes. On the 90/10 rule, in response 
to changes to the HEA made by the American Rescue Plan Act of 2021, the 
Department amended provisions governing whether proprietary 
institutions meet requirements that institutions receive at least 10 
percent of their revenue from sources other than Federal education 
assistance funds. To increase access to educational opportunities, the 
Department also issued regulations that would guide correctional 
facilities and eligible institutions of higher education that seek to 
establish eligibility for the Pell Grant program for individuals who 
are incarcerated.

III. Principles for Regulating

    Over the next year, we may need to issue other regulations because 
of new legislation or programmatic changes. In doing so, we will follow 
the Principles for Regulating, which determine when and how we will 
regulate. Through consistent application of those principles, we have 
eliminated unnecessary regulations and identified situations in which 
major programs could be implemented without regulations or with limited 
regulatory action.
    In deciding when to regulate, we consider the following:
     Whether regulations are essential to promote quality and 
equality of opportunity in education.
     Whether a demonstrated problem cannot be resolved without 
regulation.
     Whether regulations are necessary to provide a legally 
binding interpretation to resolve ambiguity.
     Whether entities or situations subject to regulation are 
similar enough that a uniform approach through regulation would be 
meaningful and do more good than harm.
     Whether regulations are needed to protect the Federal 
interest, that is, to ensure that Federal funds are used for their 
intended purpose and to eliminate fraud, waste, and abuse.
    In deciding how to regulate, we are mindful of the following 
principles:
     Regulate no more than necessary.
     Minimize burden to the extent possible and promote 
multiple approaches to meeting statutory requirements if possible.
     Encourage coordination of federally funded activities with 
State and local reform activities.
     Ensure that the benefits justify the costs of regulating.
     To the extent possible, establish performance objectives 
rather than specify the behavior or manner of compliance a regulated 
entity must adopt.
     Encourage flexibility, to the extent possible and as 
needed to enable institutional forces to achieve desired results.

ED--OFFICE FOR CIVIL RIGHTS (OCR)

Proposed Rule Stage

43.  Nondiscrimination on the Basis of Sex in Athletics 
Education Programs or Activities Receiving Federal Financial Assistance 
[1870-AA19]

    Priority: Other Significant. Major status under 5 U.S.C. 801 is 
undetermined.
    Unfunded Mandates: Undetermined.
    Legal Authority: 20 U.S.C. 1681 et seq.
    CFR Citation: 34 CFR 106.
    Legal Deadline: None.
    Abstract: The Department plans to issue a final rule amending its 
regulations implementing Title IX of the Education Amendments of 1972, 
20 U.S.C. 1681 et seq., consistent with the priorities of the Biden-
Harris Administration. These priorities include those set forth in 
Executive Order 13988 on Preventing and Combating Discrimination on the 
Basis of Gender Identity or Sexual Orientation and Executive Order 
14021 on Guaranteeing an Educational Environment Free from 
Discrimination on the Basis of Sex, Including Sexual Orientation and 
Gender Identity.
    Statement of Need: This rulemaking is necessary to align the Title 
IX regulations to fully implement the statute.
    Summary of Legal Basis: We are conducting this rulemaking under 20 
U.S.C. 1681 et seq.
    Alternatives: We have limited information about the alternatives at 
this time.
    Anticipated Cost and Benefits: We have limited information about 
the costs and benefits at this time.
    Risks: We have limited information about the risks at this time.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   12/00/22
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Undetermined.
    Government Levels Affected: Undetermined.
    Federalism: Undetermined.
    Agency Contact: Alejandro Reyes, Department of Education, Office 
for Civil Rights, 400 Maryland Avenue SW, Room PCP-6125, Washington, DC 
20202, Phone: 202 245-7272, Email: [email protected].
    RIN: 1870-AA19

ED--OCR

Final Rule Stage

44. Nondiscrimination on the Basis of Sex in Education Programs or 
Activities Receiving Federal Financial Assistance [1870-AA16]

    Priority: Other Significant. Major status under 5 U.S.C. 801 is 
undetermined.
    Unfunded Mandates: Undetermined.
    Legal Authority: 20 U.S.C. 1681 et seq.
    CFR Citation: 34 CFR 106.
    Legal Deadline: None.
    Abstract: The Department plans to issue a final rule amending its 
regulations implementing Title IX of the Education Amendments of 1972, 
20 U.S.C. 1681 et seq., consistent with the priorities of the Biden-
Harris Administration. These priorities include those set forth in 
Executive Order 13988 on Preventing and Combating Discrimination on the 
Basis of Gender Identity or Sexual Orientation and Executive Order 
14021 on Guaranteeing an Educational Environment Free from 
Discrimination on the Basis of Sex, Including Sexual Orientation and 
Gender Identity. The proposed amendments include, among others, 
revisions to 34 CFR 106.2 (Definitions), 106.6 (Effect of other 
requirements and preservation of rights), 106.8 (Designation of 
coordinator, dissemination of policy, and adoption of grievance 
procedures), 106.10 (Scope), 106.11 (Application), 106.30 
(Definitions), 106.31 (Education programs or activities), 106.40 
(Parental,

[[Page 11017]]

family, or marital status; pregnancy or related conditions), 106.44 
(Action by a recipient to operate its education program or activity 
free from sex discrimination), 106.45 (Grievance procedures for the 
prompt and equitable resolution of complaints of sex discrimination), 
106.46 (Grievance procedures for the prompt and equitable resolution of 
complaints of sex-based harassment involving student complainants or 
student respondents at postsecondary institutions); 106.51 
(Employment), 106.57 (Parental, family, or marital status; pregnancy or 
related conditions), 106.60 (Pre-employment inquiries), and 106.71 
(Retaliation).
    Statement of Need: This rulemaking is necessary to align the Title 
IX regulations with the priorities of the Biden-Harris Administration, 
including those set forth in the Executive Order on Preventing and 
Combating Discrimination on the Basis of Gender Identity or Sexual 
Orientation (E.O. 13988) and the Executive Order on Guaranteeing an 
Educational Environment Free from Discrimination on the Basis of Sex, 
Including Sexual Orientation and Gender Identity (E.O. 14021).
    Summary of Legal Basis: We are conducting this rulemaking under 20 
U.S.C. 1681 et seq.
    Alternatives: This was discussed in the notice of proposed 
rulemaking (NPRM) and will be discussed in the final regulations.
    Anticipated Cost and Benefits: This was discussed in the notice of 
proposed rulemaking (NPRM) and will be discussed in the final 
regulations.
    Risks: This was discussed in the notice of proposed rulemaking 
(NPRM) and will be discussed in the final regulations.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   07/12/22  87 FR 41390
Final Action........................   05/00/23
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Small Entities Affected: No.
    Government Levels Affected: State.
    Federalism: This action may have federalism implications as defined 
in E.O. 13132.
    Agency Contact: Alejandro Reyes, Department of Education, Office 
for Civil Rights, 400 Maryland Avenue SW, PCP-6125, Washington, DC 
20202, Phone: 202 245-7705, Email: [email protected].
    RIN: 1870-AA16

ED--OFFICE OF POSTSECONDARY EDUCATION (OPE)

Proposed Rule Stage

45. Gainful Employment [1840-AD57]

    Priority: Economically Significant. Major under 5 U.S.C. 801.
    Unfunded Mandates: Undetermined.
    Legal Authority: 20 U.S.C. 1001; 20 U.S.C. 1002; 20 U.S.C. 1003; 20 
U.S.C. 1088; 20 U.S.C. 1091; 20 U.S.C. 1094; 20 U.S.C. 1099(b); 20 
U.S.C. 1099(c); 20 U.S.C. 1082; . . .
    CFR Citation: 34 CFR 668; 34 CFR 600.
    Legal Deadline: None.
    Abstract: The Secretary plans to propose to amend 34 CFR parts 668 
and 600 on institution and program eligibility under the HEA, including 
regulations that determine whether postsecondary educational programs 
prepare students for gainful employment in recognized occupations, and 
the conditions under which institutions and programs remain eligible 
for student financial assistance programs under Title IV of the HEA.
    Statement of Need: This rulemaking is necessary to determine 
whether postsecondary educational programs prepare students for gainful 
employment and the conditions under which institutions and programs 
remain eligible for student financial assistance programs under Title 
IV of the HEA.
    Summary of Legal Basis: We are conducting this rulemaking under the 
following authorities: 20 U.S.C. 1001; 20 U.S.C. 1002; 20 U.S.C. 1003; 
20 U.S.C. 1088; 20 U.S.C. 1091; 20 U.S.C. 1094; 20 U.S.C. 1099(b); 20 
U.S.C. 1099(c); and 20 U.S.C. 1082.
    Alternatives: We have limited information about the alternatives at 
this time.
    Anticipated Cost and Benefits: We have limited information about 
the anticipated costs and benefits at this time.
    Risks: We have limited information about the risks at this time.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Notice of Intent to Commence           05/26/21  86 FR 28299
 Negotiated Rulemaking.
NPRM................................   04/00/23
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Small Entities Affected: Businesses.
    Government Levels Affected: Undetermined.
    Federalism: Undetermined.
    Agency Contact: Gregory Martin, Department of Education, Office of 
Postsecondary Education, 400 Maryland Avenue SW, Room 2C136, 
Washington, DC 20202, Phone: 202 453-7535, Email: 
[email protected].
    RIN: 1840-AD57

ED--OPE

46.  Improving Income Driven Repayment [1840-AD81]

    Priority: Economically Significant. Major under 5 U.S.C. 801.
    Legal Authority: 20 U.S.C. 1070g; 20 U.S.C. 1087a, et seq.
    CFR Citation: 34 CFR 685.
    Legal Deadline: None.
    Abstract: The Secretary plans to propose amendments to the 
regulations governing income-contingent repayment plans by amending the 
Revised Pay as You Earn (REPAYE) repayment plan, and to restructure and 
rename the repayment plan regulations under the William D. Ford Federal 
Direct Loan (Direct Loan) Program, including combining the Income 
Contingent Repayment (ICR) and the Income-Based Repayment (IBR) plans 
under the umbrella term of Income-Driven Repayment (IDR) plans.
    Statement of Need: This rulemaking is necessary to make 
improvements to the income-driven repayment plans created under the ICR 
authority in Higher Education Act of 1965 that allows the Secretary to 
cap payments at a set share of a borrower's income.
    Summary of Legal Basis: 20 U.S.C. 1070g, 1087a, et seq., unless 
otherwise noted.
    Alternatives: We have limited information about the alternatives at 
this time.
    Anticipated Cost and Benefits: We have limited information about 
the anticipated costs and benefits at this time.
    Risks: We have limited information about the risks at this time.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Notice of Intent to Commence           05/26/21  86 FR 28299
 Negotiated Rulemaking.
NPRM................................   12/00/22
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Small Entities Affected: No.
    Government Levels Affected: None.
    Agency Contact: Tamy Abernathy, Department of Education, Office of 
Postsecondary Education, 400 Maryland Avenue SW, 2C-232, Washington, DC 
20202, Phone: 202 453-5970, Email: [email protected].

[[Page 11018]]

    RIN: 1840-AD81
BILLING CODE 4000-01-P

DEPARTMENT OF ENERGY

Statement of Regulatory and Deregulatory Priorities

    The Department of Energy (Department or DOE) makes vital 
contributions to the Nation's welfare through its activities focused on 
improving national security, energy supply, energy efficiency, 
environmental remediation, and energy research. The Department's 
mission is to:
     Promote dependable, affordable and environmentally sound 
production and distribution of energy;
     Advance energy efficiency and conservation;
     Provide responsible stewardship of the Nation's nuclear 
weapons;
     Provide a responsible resolution to the environmental 
legacy of nuclear weapons production; and
     Strengthen U.S. scientific discovery, economic 
competitiveness, and improve quality of life through innovations in 
science and technology.
    The Department's regulatory activities are essential to achieving 
its critical mission and to implementing the President's clean energy 
and climate initiatives. Among other things, the Regulatory Plan and 
the Unified Agenda contain the rulemakings the Department will be 
engaged in during the coming year to fulfill the Department's 
commitment to meeting deadlines for issuance of energy conservation 
standards and related test procedures. The Regulatory Plan and Unified 
Agenda also reflect the Department's continuing commitment to cut 
costs, reduce regulatory burden, and increase responsiveness to the 
public.

Energy Efficiency Program for Consumer Products and Commercial 
Equipment

    The Energy Policy and Conservation Act (EPCA) requires DOE to set 
appliance efficiency standards at levels that achieve the maximum 
improvement in energy efficiency that is technologically feasible and 
economically justified. The Department continues to follow its schedule 
for setting new appliance efficiency standards by both tackling its 
backlog of rulemakings with missed statutory deadlines and advancing 
rulemakings with upcoming statutory deadlines. In 2022, DOE has 
published 55 actions relating to energy conservation standards, 
including nine final actions; 45 actions relating to test procedures, 
including 18 final rules; and four actions related to coverage 
determinations, including three final rules. DOE tentatively plans to 
publish three additional actions relating to energy conservation 
standards and seven actions relating to test procedures by the end of 
the year. These rulemakings are expected to save American consumers 
billions of dollars in energy costs over a 30-year timeframe.
    The Department is highlighting one important energy conservation 
standard rule entitled ``Energy Conservation Standards for Residential 
Non-Weatherized Gas Furnaces and Mobile Home Gas Furnaces.'' For non-
weatherized gas furnaces and mobile home gas furnaces, DOE estimates 
that energy savings for active mode operation (in terms of annual fuel 
utilization efficiency (AFUE)) will be 5.48 quads over 30 years and 
that the net benefit to the Nation will be between $6.2 billion and 
$21.6 billion. DOE estimates that energy savings for standby mode and 
off mode operation will be 0.28 quads over 30 years and that the net 
benefit to the Nation will be between $1.1 billion and $3.4 billion.

Federal Agency Leadership in Climate Change

    Beyond the appliance program, DOE is supporting Federal agency 
leadership in climate change in various ways, including in its ``Clean 
Energy Rule for New Federal Buildings and Major Renovations'' (Clean 
Energy Rule), which implements a provision of the Energy Independence 
and Security Act of 2007 (EISA) that requires the Department to 
establish revised-performance standards for the construction of all new 
Federal buildings, including commercial buildings, multi-family high-
rise residential buildings, and low-rise residential buildings. 
Consistent with the requirements in EISA, this rule presents revised 
Federal building energy performance standards that would require 
reductions in Federal agencies' on-site use of fossil fuels (which 
include coal, petroleum, natural gas, oil shales, bitumens, tar sands, 
and heavy oils) consistent with the targets of EPCA and EISA, and 
provides processes by which agencies can petition DOE for the downward 
adjustment of these targets for buildings. For covered buildings for 
which design for construction or whole building renovation begins in 
fiscal year 2030 or beyond, the fossil fuel-generated energy 
consumption of the building must be zero for all building types and 
climate zones, based on the calculation established in the regulations.

Investing in Clean Energy Projects

    The ``Loan Guarantees for Clean Energy Projects'' interim final 
rule would amend DOE's regulations implementing the Title XVII loan 
guarantee program to incorporate new categories of eligible projects 
and other provisions of the Energy Act of 2020, the Infrastructure 
Investment Act of 2021, and the Inflation Reduction Act of 2022. The 
rule would also include other changes to the existing regulations based 
on experiences gained implementing the Title XVII program and on 
comments recently received from stakeholders in response to DOE's 
Request for Information. The rule would enable DOE's use of nearly $300 
billion of additional loan authority for a broad range of energy 
projects.

DOE--ENERGY EFFICIENCY AND RENEWABLE ENERGY (EE)

Proposed Rule Stage

47. Clean Energy Rule for New Federal Buildings and Major Renovations 
[1904-AB96]

    Priority: Economically Significant. Major under 5 U.S.C. 801.
    Legal Authority: 42 U.S.C. 6834(a)(3)(D)
    CFR Citation: 10 CFR 433; 10 CFR 435.
    Legal Deadline: Other, Statutory, Subject to the requirements in 42 
U.S.C. 6834(a)(3)(D).
    Abstract: This rulemaking implements provisions of the Energy 
Independence and Security Act of 2007 that require the U.S. Department 
of Energy (DOE) to establish revised-performance standards for the 
construction of all new Federal buildings, including commercial, multi-
family high-rise residential and low-rise residential buildings. This 
rulemaking will specifically address the reduction of fossil fuel-
generated energy consumption in new buildings and buildings undergoing 
major renovations, as well as how agencies may petition DOE for a 
downward adjustment of the requirements if they believe meeting 
required energy reduction levels would be technically impracticable. 
This effort was previously reported as the Fossil Fuel-Generated Energy 
Consumption Reduction for New Federal Buildings and Major Renovations 
of Federal Buildings rulemaking.
    Statement of Need: The Energy Independence and Security Act of 2007 
(EISA 2007) requires certain new

[[Page 11019]]

Federal buildings and Federal buildings undergoing major renovations to 
meet fossil fuel-generated consumption reduction targets based on 
fiscal year.
    Summary of Legal Basis: Section 433(a) of EISA 2007 2007 (Pub. L. 
110-140) amended section 305 of the Energy Conservation and Production 
Act (ECPA) and directed the DOE to establish regulations that require 
fossil fuel-generated energy consumption reductions for certain new 
Federal buildings and Federal buildings undergoing major renovations. 
(42 U.S.C. 6834(a)(3)(D)(i)) For these buildings, section 305 of ECPA, 
as amended by EISA 2007, mandates that the buildings be designed so 
that a building's fossil fuel-generated energy consumption is reduced 
as compared with such energy consumption by a similar building in 
fiscal year (FY) 2003 (as measured by Commercial Buildings Energy 
Consumption Survey (CBECS) or Residential Energy Consumption Survey 
(RECS) data from the DOE's Energy Information Administration (EIA)) by 
55 percent beginning in FY2010, 65 percent beginning in FY2015, 80 
percent beginning in FY2020, 90 percent beginning in FY2025, and 100 
percent beginning in FY2030. (42 U.S.C. 6834(a)(3)(D)(i)(I)).
    Alternatives: The statute requires DOE to establish regulations 
implementing the specific fossil fuel-generated energy consumption 
targets for certain new Federal buildings and Federal buildings 
undergoing major renovations. The targets may be adjusted with respect 
to a specific building upon petition from an agency, with agreement 
from the DOE Secretary. In implementing these regulations, DOE 
considers the technologies available to achieve the statutory targets 
and those relevant for petitions submitted by agencies.
    Anticipated Cost and Benefits: The cumulative net present value 
(NPV) of the proposed Clean Energy Rule compliant buildings ranges from 
-$16.0 Million (at a 7-percent discount rate) to -$85.3 Million (at a 
3-percent discount rate).DOE also analyzed an additional case where the 
future grid emission factors were assumed to follow a 95% reduction by 
2035 (95 by 2035) profile as defined in the National Renewable Energy 
Laboratory's (NREL) 2021 Standard Scenarios Report: A U.S. Electricity 
Sector Outlook. This case represents a change in national electricity 
generation which assumes national power sector CO\2\ emissions reach 
95% below 2005 levels by 2035 and are eliminated on a net basis by 
2050. The cumulative NPV of the proposed Clean Energy Rule compliant 
buildings in the 95 by 2035 case ranges from $104.6 Million (at a 7-
percent discount rate) to $83.4 Million (at a 3-percent discount rate).
    Risks: Optional field--no response.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   10/15/10  75 FR 63404
NPRM Comment Period End.............   12/14/10
Supplemental NPRM...................   10/14/14  79 FR 61693
Supplemental NPRM Comment Period End   12/15/14
Supplemental Notice of Proposed        12/00/22
 Rulemaking (NPRM).
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Government Levels Affected: Federal.
    URL For More Information: www.energy.gov/eere/femp/notices-and-rules.
    URL For Public Comments: www.regulations.gov.
    Agency Contact: Ashley Armstrong, Director Regulatory Buildings, 
EE-5B, Department of Energy, Energy Efficiency and Renewable Energy, 
Building Technologies Office, 1000 Independence Avenue SW, Washington, 
DC 20585, Phone: 202 586-6590, Email: [email protected].
    RIN: 1904-AB96

DOE--EE

Final Rule Stage

48. Energy Conservation Standards for Residential Non-Weatherized Gas 
Furnaces and Mobile Home Gas Furnaces [1904-AD20]

    Priority: Economically Significant. Major under 5 U.S.C. 801.
    Legal Authority: 42 U.S.C. 6295(f)(4)(C); 42 U.S.C. 6295(m)(1); 42 
U.S.C. 6295(gg)(3)
    CFR Citation: 10 CFR 429; 10 CFR 430.
    Legal Deadline: NPRM, Judicial, April 24, 2015, Final Rule, 
Judicial, the later date of April 24, 2016, or one year after the 
issuance of the proposed rule.
    Abstract: The Energy Policy and Conservation Act, as amended, 
(EPCA) prescribes energy conservation standards for various consumer 
products and certain commercial and industrial equipment, including 
residential furnaces. EPCA also requires the U.S. Department of Energy 
(DOE) to determine whether more-stringent amended standards would be 
technologically feasible and economically justified and would save a 
significant amount of energy. DOE proposes amended and new energy 
conservation standards for non-weatherized gas furnaces and mobile home 
gas furnaces pursuant to a court-ordered remand of DOE's 2011 
rulemaking for these products and other statutory requirements.
    Statement of Need: EPCA requires minimum energy efficiency 
standards for certain appliances and commercial equipment, including 
residential furnaces.
    Summary of Legal Basis: Title III of the Energy Policy and 
Conservation Act of 1975 (EPCA), Public Law 94-163 (42 U.S.C. 6291-
6309, as codified), established the Energy Conservation Program for 
Consumer Products Other Than Automobiles. Pursuant to EPCA, any new or 
amended energy conservation standard that the U.S. Department of Energy 
(DOE) prescribes for certain products, such as residential furnaces, 
shall be designed to achieve the maximum improvement in energy 
efficiency that is technologically feasible and economically justified 
(42 U.S.C. 6295(o)(2)(A)) and result in a significant conservation of 
energy (42 U.S.C. 6295(o)(3)(B)).
    Alternatives: The statute requires DOE to conduct rulemakings to 
review standards and to revise standards to achieve the maximum 
improvement in energy efficiency that the Secretary determines is 
technologically feasible and economically justified. In making this 
determination, DOE conducts a thorough analysis of the alternative 
standard levels, including the existing standard, based on the criteria 
specified in the statute.
    Anticipated Cost and Benefits: DOE finds that the benefits to the 
Nation of the proposed energy standards for Residential Non-Weatherized 
Gas Furnaces and Mobile Home Gas Furnaces (such as energy savings, 
consumer average lifecycle cost savings, an increase in national net 
present value, and emission reductions) outweigh the burdens (such as 
loss of industry net present value). For non-weatherized gas furnaces 
and mobile home gas furnaces, DOE estimates that energy savings for 
active mode operation (in terms of annual fuel utilization efficiency 
(AFUE)) will be 5.48 quads over 30 years and that the net benefit to 
the Nation will be between $6.2 billion and $21.6 billion. DOE 
estimates that energy savings for standby mode and off mode operation 
will be 0.28 quads over 30 years and that the net benefit to the Nation 
will be between $1.1 billion and $3.4 billion.

[[Page 11020]]

    Risks: Optional field--no response.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Notice of Public Meeting............   10/30/14  79 FR 64517
NPRM and Notice of Public Meeting...   03/12/15  80 FR 13120
NPRM Comment Period Extended........   05/20/15  80 FR 28851
NPRM Comment Period Extended End....   07/10/15
Notice of Data Availability (NODA)..   09/14/15  80 FR 55038
NODA Comment Period End.............   10/14/15
NODA Comment Period Reopened........   10/23/15  80 FR 64370
NODA Comment Period Reopened End....   11/06/15
Supplemental NPRM and Notice of        09/23/16  81 FR 65720
 Public Meeting.
Supplemental NPRM Comment Period End   11/22/16
SNPRM Comment Period Reopened.......   12/05/16  81 FR 87493
SNPRM Comment Period End............   01/06/17
Notice of NPRM Withdrawal...........   01/15/21  86 FR 3873
NPRM................................   07/07/22  87 FR 40590
Notification of data availability      08/30/22  87 FR 52861
 (NODA), public meeting, and
 extension of the comment period.
NPRM Comment Period End.............   10/06/22
Final Action........................   09/00/23
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Small Entities Affected: Businesses.
    Government Levels Affected: None.
    URL For More Information: www1.eere.energy.gov/buildings/appliance_standards/product.aspx/productid/72.
    URL For Public Comments: www.regulations.gov/#!docketDetail;D=EERE-
2014-BT-STD-0031.
    Agency Contact: Julia Hegarty, Department of Energy, 1000 
Independence Avenue SW, Washington, DC 20585, Phone: 240 597-6737, 
Email: [email protected].
    RIN: 1904-AD20

DOE--DEPARTMENTAL AND OTHERS (ENDEP)

Final Rule Stage

49.  Loan Guarantees for Clean Energy Projects [1901-AB59]

    Priority: Economically Significant. Major status under 5 U.S.C. 801 
is undetermined.
    Unfunded Mandates: Undetermined.
    Legal Authority: 42 U.S.C. 16511 et seq.
    CFR Citation: 10 CFR 609.
    Legal Deadline: None.
    Abstract: The Inflation Reduction Act (IRA) has added new 
categories of eligible projects to the U.S. Department of Energy (DOE) 
Loan Programs Office's program authorized by Title XVII of the Energy 
Policy Act of 2005, as amended (42 U.S.C. 16511 et seq.). This requires 
immediate and material changes to DOE's existing regulations (10 CFR 
part 609) implementing the Title XVII program for DOE to be able to 
accept applications and issue loan guarantees for those categories of 
projects. The loan authority and appropriations authorized under the 
IRA are available through September 30, 2026, making the implementation 
of the authority time-sensitive. The rule would also include changes to 
the existing regulations based on experience gained implementing the 
Title XVII loan guarantee program and to reflect amendments to Title 
XVII enacted by the Energy Policy Act of 2020 and the Infrastructure 
Investment and Jobs Act of 2021.
    Statement of Need: The existing regulations governing Title XVII do 
not contemplate certain categories of projects and terms applicable to 
Title XVII, as amended by recent legislation. As such, DOE must revise 
its regulations in order to effectuate the new categories of eligible 
projects and terms.
    Summary of Legal Basis: Title XVII of the Energy Policy Act of 
2005, Public Law 109-58 (42 U.S.C. 16511 et seq.) established a program 
for the Department of Energy to guarantee loans for innovative projects 
that avoid, reduce, or sequester air pollutants or anthropogenic 
emissions of greenhouse gases. Title XVII has since been amended, 
including most recently under the Consolidated Appropriations Act of 
2021 (Energy Act of 2020), Public Law 116-260, the Infrastructure 
Investment and Jobs Act of 2021, Public Law 117-158 (IIJA), and the 
Inflation Reduction Act of 2022, Public Law 117-169 (IRA).
    Alternatives: This rulemaking seeks to codify recent legislative 
changes to the Title XVII program and make changes to DOE's regulations 
to improve implementation of the program. DOE recently solicited input 
from stakeholders to understand how it could improve the Title XVII 
program.
    Anticipated Cost and Benefits: The Title XVII rule sets forth the 
policies and procedures DOE uses for the application process, which 
includes receiving, evaluating, and approving loan guarantees to 
support eligible projects under Title XVII. While the rule itself will 
not have a direct economic impact, it will enable DOE's use of nearly 
$300 billion of additional loan authority provided under the IIJA and 
IRA.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Interim Final Rule..................   02/00/23
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Undetermined.
    Government Levels Affected: Undetermined.
    Agency Contact: Rebecca Limmer, Chief Counsel, Department of 
Energy, 1000 Independence Avenue SW, Washington, DC 20585, Phone: 202 
586-1174, Email: [email protected].
    RIN: 1901-AB59
BILLING CODE 6450-01-P

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Statement of Regulatory Priorities for Fiscal Year 2023

    As the federal agency with principal responsibility for protecting 
the health of all Americans and for providing essential human services, 
the Department of Health and Human Services (HHS or the Department) 
implements programs that strengthen the health care system; advance 
scientific knowledge and innovation; and improve the health, safety, 
and wellbeing of the American people.
    The Department's Regulatory Plan for fiscal year (FY) 2023 is 
focused on expanding access to health care, tackling disparities and 
advancing equity, increasing the nation's public health preparedness, 
and supporting the wellbeing of families and communities. To highlight 
a few of these regulatory priorities:
     This Plan expands access to health care and strengthens 
behavioral health, with rules that expand evidence-based behavioral 
health treatment via telehealth and streamline enrollment and improve 
access to care for children and families through the Medicaid

[[Page 11021]]

program and the Children's Health Insurance Program (CHIP), among 
others.
     The Department is also taking action to advance equity in 
health and social outcomes, including through rules designed to prevent 
discrimination and protect every person's ability to equitably obtain 
health care and human services, regardless of where they live, who they 
are, or their background.
     Forthcoming rules would also increase the nation's public 
health preparedness, such as measures aimed at ensuring Americans are 
able to access safe produce and imported foods, and rules that would 
bolster the Department's ability to respond to the spread of COVID-19 
and prevent future public health threats.
     This Plan supports the wellbeing of families and 
communities by including rules that would strengthen services for older 
Americans to allow them to live in their communities, as well as ensure 
that children and youth receive the care and support they need to 
thrive.
    In short, the Department's Regulatory Plan reflects the Biden-
Harris Administration's commitment to continue building a better, 
healthier America, through rules designed to help protect the public 
health and to improve the health and wellbeing of every person touched 
by HHS programs.

I. Building and Expanding Access to Affordable Health Care

    The Biden-Harris Administration is committed to ensuring that high-
quality health care is accessible and affordable for every American. 
The Inflation Reduction Act of 2022 (IRA), signed by President Biden in 
August, lowers costs for American families by continuing increased 
premium tax credits for plans under the Affordable Care Act (ACA), 
allowing the federal government to negotiate prices for certain drugs 
under Medicare, and more. The Bipartisan Safer Communities Act of 2022, 
signed by President Biden in June, expands capacity and advances access 
to behavioral health treatment, particularly for children and youth. 
Additionally, President Biden's Executive Order on Continuing to 
Strengthen Americans' Access to Affordable, Quality Health Coverage 
(E.O. 14070) calls on federal agencies--including the Department--to 
continue to expand the availability of health care coverage, improve 
its quality, strengthen benefits, and help more Americans enroll.
    Charged with overseeing federal health programs such as Medicare, 
Medicaid, CHIP, and the ACA Marketplace, the Department plays a central 
role in the Administration's agenda to protect and strengthen access to 
health care. From day one of this Administration, the Department has 
worked closely with states to expand Medicaid to hundreds of thousands 
of newly eligible people and to allow Medicaid enrollees who are 
pregnant to keep their coverage for up to one year after pregnancy. The 
Department has also maximized opportunities to enroll a record number 
of people in ACA coverage and strengthened policies related to coverage 
and benefits in the ACA Marketplace. These actions, alongside others, 
have contributed to an all-time low uninsured rate among Americans.
    Over the next year, the Department will build upon its previous 
efforts by pursuing rules aimed at enhancing coverage and access to 
benefits in the ACA Marketplaces and the Medicaid, CHIP, and Medicare 
programs; expanding the accessibility and affordability of drugs and 
medical products; addressing behavioral health needs; and streamlining 
the secure exchange of health information.

a. Enhancing Coverage and Access in the ACA Marketplaces, Medicaid, 
CHIP, and Medicare

    The Department will take several regulatory actions in the next 
year to improve access to care for Americans in the ACA Marketplace, 
Medicaid, CHIP, and Medicare. For example, the Department expects to 
finalize a rule on eligibility and enrollment processes in Medicaid and 
CHIP that will streamline the application, eligibility determination, 
enrollment, and renewal processes for these programs and create new 
pathways to maximize enrollment and retention of eligible individuals.
    Additional rules would promote access to care in Medicaid and CHIP 
and raise standards for hospitals, providers, and other entities 
participating in Medicare and Medicaid. For example, the Department 
plans to issue a proposed rule that would establish cultural competency 
and person-centered care requirements for all provider and supplier 
types that participate in the Medicare and Medicaid programs.
    The HHS Regulatory Plan also includes regulations aimed at 
improving access to care for consumers in the ACA Marketplaces. For 
instance, the Department plans to propose a rule on provider 
nondiscrimination requirements for certain health plans and issuers. 
This rule would protect patients' access to care and promote 
competition by ensuring that plans do not engage in unlawful 
discrimination against health care providers. The Department will also 
work to ensure access to benefits and services afforded under the law. 
A critical part of this work will include amending regulations on 
contraceptive coverage which guarantee cost-free coverage to the 
consumer under the ACA. Finally, the Department will propose to amend 
regulations on short-term limited duration plans to better ensure 
access to comprehensive coverage for Americans, especially those with 
pre-existing conditions.
    In addition to the above, the Centers for Medicare & Medicaid 
Services (CMS) will issue several annual payment rules and notices over 
the next year that affect federal health programs, including Medicare 
and the ACA Marketplace. These rules, though they are not included in 
the HHS Regulatory Plan, will include policies that further the 
Secretary's priority of expanding access to affordable, high-quality 
health care.

b. Expanding the Accessibility and Affordability of Drugs and Medical 
Products

    Over the next year, the Department will continue expanding the 
accessibility and affordability of drugs and other medical products for 
Americans. For example, the Department expects to issue a final rule to 
set requirements for nonprescription drug products with an additional 
condition to ensure appropriate self-selection or appropriate actual 
use (or both) for consumers. This rule is expected to increase consumer 
access to nonprescription drugs, which could mean a reduction in under-
treatment of certain diseases and conditions. The Department also plans 
to propose updates to the Food and Drug Administration (FDA) biologics 
regulations to support competition and enhance consumer choice through 
changes that would prevent efforts to delay or block competition from 
biosimilars and interchangeable products.
    The Department is also working to implement the IRA through 
policies aimed at reducing the high cost of prescription drugs for 
people with Medicare. Furthermore, the Department is committed to 
making sure Medicare beneficiaries are able to access emerging 
technologies and will initiate notice and comment rulemaking in the 
coming months to explore policy options that would create an 
accelerated approval pathway. This pathway would build on prior 
initiatives, including coverage with evidence development.
    In addition, in November 2022, the Department issued a proposed 
rule on the Administrative Dispute Resolution

[[Page 11022]]

(ADR) process used to settle certain disputes among covered entities 
and manufacturers arising under the 340B Drug Pricing Program. This 
rule would establish new requirements and procedures for the Program's 
ADR process, making the process more equitable and accessible for 
participation by program participants, and supporting the Program's 
mission to expand access to health care for underserved communities.

c. Addressing Behavioral Health Needs

    The Secretary remains committed to expanding access to integrated 
and equitable behavioral health services, including by addressing the 
impacts of the COVID-19 pandemic on mental health and substance use, 
which have disproportionately affected young people and underserved 
communities. This commitment will guide the Department's planned 
regulatory activity for FY 2023, which includes several rules aimed at 
tackling mental health challenges and substance use disorders.
    For example, the HHS Regulatory Plan includes a proposed rule that 
is intended to make permanent certain telehealth flexibilities for 
substance use disorder treatments that were granted during the COVID-19 
public health emergency. This rule would allow certain providers to 
provide buprenorphine via telehealth, as well as provide extended take-
home doses of methadone to patients, when it is safe and appropriate to 
do so. Both changes are intended to increase access to comprehensive 
opioid use disorder treatment and may address barriers to treatment 
such as transportation, geographic proximity, employment, or other 
required activities of daily living.
    Working closely with the Departments of Labor and the Treasury, the 
Department will also issue a proposed rule to implement portions of the 
Mental Health Parity and Addiction Equity Act (MHPAEA) and the 
Consolidated Appropriations Act, 2021. The MHPAEA is a federal law that 
prevents group health plans and health insurance issuers that provide 
mental health or substance use disorder benefits from imposing less 
favorable benefit limitations on those benefits than on medical and 
surgical benefits. This rule would clarify group health plans and 
health insurance issuers' obligations under the MHPAEA and promote 
compliance with MHPAEA, among other improvements.
    In November 2022, the Department also announced a proposed rule on 
the confidentiality of substance use disorder patient records. 
Consistent with the CARES Act, this rule would align HHS regulations 
governing the disclosure and use of substance use disorder patient 
records (42 CFR part 2) with aspects of the HIPAA Privacy, Breach 
Notification, and Enforcement Rules; strengthen protections against 
uses and disclosures of patients' substance use disorder records for 
civil, criminal, administrative, and legislative proceedings; and 
require that a HIPAA Notice of Privacy Practices address privacy 
practices with respect to Part 2 records.

d. Streamlining the Secure Exchange of Health Information

    The secure exchange of health information and interoperability 
among health care providers and other entities improves patient care, 
promotes competition, reduces costs, and provides more accurate public 
health data.
    To help ensure greater interoperability and transparency, the HHS 
Regulatory Plan includes rules focused on addressing and preventing 
information blocking, consistent with the 21st Century Cures Act (Cures 
Act). For instance, the Department plans to finalize a rule that would, 
among other things, empower the HHS Office of the Inspector General 
(OIG) to investigate claims of information blocking and impose civil 
monetary penalties on health IT developers and health information 
networks where appropriate. Another complementary proposed rule would 
implement the Secretary's authority under the Cures Act to establish 
appropriate disincentives for health care providers found to have 
committed information blocking. The Department is also proposing a rule 
on the Electronic Health Record (EHR) Reporting Program condition and 
maintenance of certification requirements under the Office of the 
National Coordinator for Health Information Technology (ONC) Health IT 
Certification Program, which would include enhancements to support 
information sharing under the information blocking regulations.
    The Department is also advancing interoperability policies in the 
context of the federal health programs it administers and oversees. For 
example, the Department will propose rules to improve the electronic 
exchange of health care data and streamline processes related to prior 
authorization for Medicare Advantage (MA) organizations, Medicaid 
managed care plans, CHIP managed care entities, state Medicaid and CHIP 
fee-for-service (FFS) programs, and Qualified Health Plan (QHP) issuers 
on the Federally Facilitated Exchange (FFE). Similarly, the 
Department's upcoming proposed rule on strengthening and improving the 
Medicare Advantage and prescription drug programs will include 
provisions proposing to enhance interoperability within Medicare.

II. Tackling Disparities and Advancing Equity

    Equity is the focus of over a dozen Executive Orders issued by 
President Biden, and it remains a cornerstone of the Biden-Harris 
Administration's agenda. The Department recognizes that people of 
color, people with disabilities, lesbian, gay, bisexual, transgender, 
queer, and intersex (LGBTQI+) people, and other underserved groups in 
the U.S. have been systematically denied a full and fair opportunity to 
participate in economic, social, and civic life. Among its other 
manifestations, this history of inequality shows up as persistent 
disparities in health and social outcomes and in access to care.
    As the federal agency responsible for ensuring the health and 
wellbeing of Americans, the Department, under Secretary Becerra's 
leadership, is committed to tackling these entrenched inequities and 
their root causes throughout its programs and policies. The 
Department's regulatory priority of tackling disparities and advancing 
equity includes rules aimed at preventing and remedying discrimination; 
strengthening health and safety standards for consumer products that 
impact underserved communities; and promoting equity in federally 
supported health care services.
    In addition to the specific rulemakings identified in this section, 
HHS is committed to advancing equity in all aspects of the Department's 
work. Consistent with President Biden's Executive Order on Advancing 
Racial Equity and Support for Underserved Communities Through the 
Federal Government (E.O. 13985), the Department's efforts in this area 
include an ongoing assessment of whether underserved communities face 
barriers in accessing benefits and opportunities in HHS programs and 
whether policy changes are necessary to advance equity. This process 
continues to inform the Department's broader regulatory agenda.

a. Preventing and Remedying Discrimination

    The HHS Regulatory Plan includes actions to eliminate 
discrimination as a barrier for historically marginalized communities 
seeking access to HHS programs and activities. For instance, the 
Department plans to finalize its rule

[[Page 11023]]

on nondiscrimination in health programs and activities, which would 
amend the existing regulations implementing section 1557 of the ACA, 
ensuring that the regulations reflect the proper scope of the statute's 
protections. Because discrimination in the U.S. health care system is a 
driver of health disparities, the Section 1557 regulations present a 
key opportunity for the Department to promote equity and ensure 
protection of health care as a right.
    Additionally, the Department will issue a proposed rule addressing 
discrimination on the basis of disability in health and human services 
programs or activities. This rule would revise regulations under 
section 504 of the Rehabilitation Act of 1973 to address unlawful 
discrimination on the basis of disability in HHS-funded health and 
human services programs. Topics that HHS may cover include 
nondiscrimination in medical treatment, child welfare programs and 
services, value assessment methodologies, accessible medical equipment, 
information and communication technology, and other relevant health and 
human services activities.

b. Strengthening Health and Safety Standards for Consumer Products That 
Impact Underserved Communities

    To protect the public health and advance equity, the Department 
continues to pursue regulatory action with respect to consumer products 
that harm the health of underserved groups.
    Over the next year, the Department plans to finalize two rules that 
prohibit menthol as a characterizing flavor in cigarettes and prohibit 
all characterizing flavors (other than tobacco) in cigars. These and 
other potential future regulatory actions have the potential to 
significantly reduce disease and death from combusted tobacco product 
use, the leading cause of preventable death in the United States.
    The regulations are also expected to promote better health outcomes 
across population groups. Evidence shows that tobacco is 
disproportionately marketed to underserved communities and vulnerable 
populations--such as disproportionate storefront and outdoor marketing, 
as well as point-of-sale marketing, in Black, Hispanic, and low-income 
communities. The disparities in tobacco marketing and use shape 
disparities in tobacco-related disease and death. These planned 
regulatory actions by the Department on tobacco are expected not only 
to benefit the population as a whole, but, in doing so, also 
substantially decrease tobacco-related health disparities.

c. Promoting Equity in Federally Supported Health Care Services

    The Department continues to seek out opportunities to embed equity 
throughout HHS programs and policies, including in federally supported 
health care services. The World Trade Center (WTC) Health Program is a 
limited federal health program that provides no-cost medical monitoring 
and treatment for certified WTC-related health conditions to those 
directly affected by the 9/11 attacks. The Department plans to issue a 
proposed rule to add uterine cancer to the List of WTC-Related Health 
Conditions.Permitting the Program to pay for medically necessary 
treatment, this rule would advance health equity for those WTC Health 
Program members who are found to have WTC-related uterine cancer.

III. Increasing Public Health Preparedness

    Protecting the nation's public health is a primary responsibility 
of the Department. This responsibility includes ensuring that the right 
protections and infrastructure are in place to help the nation to 
respond to public health threats and outbreaks quickly and effectively, 
including COVID-19. It also includes ensuring healthy and safe food for 
every American through protections against foodborne illness in the 
food supply chain.
    In service of this regulatory priority, over the next year, the 
Department is pursuing rules that would bolster the nation's resilience 
to handle COVID-19 and future public health threats and improve 
Americans' access to safe and nutritious food.

a. Bolstering the Nation's Resilience To Handle COVID-19 and Future 
Public Health Threats

    The Department continues to play a central role in the Biden-Harris 
Administration's whole-of-government response to the COVID-19 pandemic. 
From ensuring access to COVID-19 testing, treatment, and vaccines, to 
bolstering the capacity of the health care system in a public health 
emergency, Secretary Becerra has leveraged the Department's full 
resources to pursue a comprehensive strategy to combat COVID-19.
    In the context of COVID-19 and other disease outbreaks, it is 
crucial for public health authorities to be able to identify and 
evaluate persons who may have been exposed to a communicable disease. 
Currently, on an interim basis, the Centers for Disease Control and 
Prevention (CDC) is authorized to require airlines to collect certain 
data regarding passengers and crew arriving from foreign countries for 
the purposes of health education, treatment, prophylaxis, or other 
appropriate public health interventions, including contact tracing and 
travel restrictions. The Department intends to finalize this regulation 
in FY 2023. This would allow the Department to continue to receive data 
in a timely manner and more effectively provide critical public health 
services in response to COVID-19 and other communicable diseases that 
may put Americans' health at risk.
    In addition to strengthening the public health system, the 
Department is continuing to address the need for flexibility in HHS 
programs to minimize disruptions and alleviate burdens that may be 
caused by COVID-19 or future emergencies. To that end, the Department 
also plans to finalize its rule allowing current grantees under the 
Administration for Native Americans (ANA) to request an emergency 
waiver for the non-federal share match. This update to ANA's regulation 
would provide a new provision for recipients to request an emergency 
waiver in the event of a natural or man-made emergency such as a public 
health pandemic.

b. Improving Access to Safe and Nutritious Food

    To help ensure healthy and safe food for every American, the HHS 
Regulatory Plan includes rules that improve the Department's ability to 
identify foodborne illnesses, prevent them from reoccurring, and remove 
unsafe products from the market. It also supports the goals of the 
White House Conference on Hunger, Nutrition, and Health, by advancing 
work to improve consumers' ability to access nutritious food to prevent 
disease and protect public health.
    For example, the Department will finalize a rule intended to 
improve the safety of produce by requiring farms to conduct 
comprehensive assessments of pre-harvest agricultural water that would 
help farms identify and mitigate hazards in water used to grow produce. 
Moreover, the Department is proposing a rule that would require 
importers of certain foods to certify, or otherwise provide appropriate 
assurances, that these imported foods comply with U.S. safety 
requirements. This rule would help prevent potentially harmful imported 
foods from reaching consumers and thereby improve the safety of the 
U.S. food supply. In November 2022, the Department finalized its rule 
establishing additional recordkeeping requirements for persons

[[Page 11024]]

who manufacture, process, pack, or hold foods identified on the Food 
Traceability List (FTL). This rule is intended to make it easier to 
rapidly and effectively track the movement of a food to prevent or 
mitigate a foodborne illness outbreak.
    In addition, the Department seeks to improve dietary patterns in 
the United States to help reduce the burden of diet-related chronic 
diseases. One way HHS is working towards creating a healthier food 
supply is by proposing a rule that would permit use of salt 
substitutes, rather than salt, to help reduce the amount of sodium in 
standardized foods.

IV. Supporting the Wellbeing of Families and Communities

    The Department strives to support the wellbeing of Americans by 
funding and providing access to a range of critical social services. 
Millions of people benefit from HHS programs that help older adults and 
people with disabilities participate fully in their communities, 
promote opportunity and economic security for families, help refugees 
and other eligible newcomers integrate and thrive, and provide care for 
unaccompanied children. The Secretary recognizes that these programs 
and forms of assistance are more important than ever due to the COVID-
19 pandemic and its economic consequences, which have had an outsized 
impact on people of color and other underserved communities.
    To sustain and strengthen these essential benefits and services, 
the Department is prioritizing regulations that would improve their 
quality and accessibility while reducing burdens and increasing the 
efficiency of service delivery. The Secretary's regulatory priority in 
this area includes rules aimed at strengthening high-quality services 
for older adults, expanding opportunities for children and youth to 
thrive, and providing pathways to economic success.

a. Strengthening High-Quality Services for Older Adults

    The HHS Regulatory Plan includes rules aimed at enhancing the 
ability of Administration for Community Living (ACL) programs to 
protect the rights and wellbeing of older adults. For instance, the 
Department plans to propose regulations for Adult Protective Services 
(APS) programs that will strengthen services for older adults and 
adults with disabilities that experience adult maltreatment. 
Additionally, the Department will propose changes to its Older 
Americans Act (OAA) regulations to support long-term care services, 
nutrition, caregiver supports, and more, for older adults. In both 
rulemakings, the Department plans to incorporate applicable elements 
E.O. 13985 and ensure access to services for individuals with the 
greatest social and economic need.
    Furthermore, consistent with the Biden-Harris Administration's 
Nursing Home Reform Action Plan, the Department's Regulatory Plan 
includes efforts to improve the safety and quality of care in the 
nation's nursing homes. For example, in the next year, the Department 
plans to issue proposed rules that are intended to institute minimum 
staffing standards in nursing homes, protect residents, and prevent 
fraud, waste, and abuse.

b. Expanding Opportunities for Children and Youth To Thrive

    The Department's mission to provide effective human services 
includes a focus on protecting the wellbeing of children and youth. 
This focus has special significance given the COVID-19 pandemic and its 
economic consequences, which have deeply affected the lives of children 
and youth--particularly Black, Latino, Indigenous, Native American, and 
other underserved youth with disproportionate involvement in the child 
welfare system. Several rules planned for FY 2023 are aimed at 
enhancing programs and protections for youth and families experiencing 
foster care, unaccompanied children in the Department's care, and 
individuals entitled to child support.
    As part of its focus on the foster care and the child welfare 
system, the Department will propose changes to the Adoption and Foster 
Care Analysis and Reporting System (AFCARS) regulations that would help 
the Department to administer foster care and adoption assistance 
programs more effectively and better serve children and families. This 
rule would require title IV-E agencies to collect and report for AFCARS 
additional information related to the Indian Child Welfare Act of 1978 
and the sexual orientation of youth in the reporting population and 
their foster parents, adoptive parents, and legal guardians. The 
Department will also propose a rule allowing licensing standards for 
relative or kinship foster family homes that are different from non-
relative or non-kinship homes. The proposed change would address 
barriers to licensing relatives and kin who can provide continuity and 
a safe and loving home for children when they cannot be with their 
parents. Additionally, the Department will issue a proposed rule to 
facilitate the provision of independent legal representation to a child 
who is a candidate for foster care, or in foster care, and to a parent 
preparing for participation in foster care legal proceedings. Improving 
access to independent legal representation may help prevent the removal 
of a child from the home or, for a child in foster care, achieve 
permanence faster.
    Moreover, the Department's commitment to children and youth 
includes rules intended to ensure the highest level of services and 
care for unaccompanied children in the Department's custody. For 
instance, the Department will propose a new rule to strengthen and 
codify protections and service provisions for children cared for by the 
Office of Refugee Resettlement's (ORR's) Unaccompanied Children 
Program. Furthermore, the Department will issue a proposed rule that 
would provide new regulations governing the federal licensing of ORR 
facilities, which may be used in certain situations when state 
governments do not provide state licensing for such facilities.
    Finally, the Department is taking action to protect the 
sustainability of tribal child support programs. The Department's 
forthcoming proposed rule on tribal child support programs would modify 
the non-federal share of the program expenditures requirement, 
including 90/10 and 80/20 cost sharing rates.

c. Providing Pathways to Economic Success

    In administering the Temporary Assistance for Needy Families (TANF) 
program, the Department works with states, territories, and tribes to 
help children and families achieve economic success. The COVID-19 
pandemic highlighted the importance of using federal investments and 
existing program flexibilities strategically to reduce family poverty 
and alleviate economic crises, especially for families of color and 
underserved communities. In the next year, the Department plans to 
issue a proposed rule to reform the TANF program to strengthen the 
safety net and work preparation program for families and individuals 
with the lowest income, change allowable uses of TANF funds to refocus 
on the intended purposes of TANF, improve work program effectiveness, 
and reduce administration burden. These changes are intended to improve 
the overall wellbeing of families while addressing inequities in 
program services and policies.


[[Page 11025]]



HHS--OFFICE OF THE INSPECTOR GENERAL (OIG)

Final Rule Stage

50. Amendments to Civil Monetary Penalty Law Regarding Grants, 
Contracts, and Information Blocking [0936-AA09]

    Priority: Other Significant.
    Legal Authority: 21st Century Cures Act; Pub. L. 114-255; secs. 
4004 and 5003; Bipartisan Budget Act of 2018 (BBA 2018), Pub. L. 115-
123. sec. 50412
    CFR Citation: 42 CFR 1003; 42 CFR 1005.
    Legal Deadline: None.
    Abstract: The final regulation modifies 42 CFR 1003 and 1005 by 
addressing three issues. First, the 21st Century Cures Act (Cures Act) 
provision that authorizes the Department of Health and Human Services 
(HHS) to impose civil monetary penalties, assessments, and exclusions 
upon individuals and entities that engage in fraud and other misconduct 
related to HHS grants, contracts, and other agreements. Second, the 
Cures Act information blocking provisions that authorize the Office of 
Inspector General to investigate claims of information blocking and 
provide HHS the authority to impose CMPs for information blocking. 
Third, the Bipartisan Budget Act of 2018 increases in penalty amounts 
in the Civil Monetary Penalties Law.
    Statement of Need: The 21st Century Cures Act (Cures Act) set forth 
new authorities which need to be added to HHS's existing civil monetary 
penalty authorities. This final rule seeks to add the new authorities 
to the existing civil monetary penalty regulations and to set forth the 
procedural and appeal rights for individuals and entities. The 
Bipartisan Budget Act of 2018 (BBA) amended the Civil Monetary 
Penalties Law (CMPL) to increase the amounts of certain civil monetary 
penalties which requires amending the existing regulations for 
conformity. The final rule seeks to ensure alignment between the 
increased civil monetary penalties in the statute and the civil 
monetary penalties set forth in the OIG's rules.
    Summary of Legal Basis:
    The legal authority for this regulatory action is found in: (1) 
section 1128A(a)-(b) of the Social Security Act, the Civil Monetary 
Penalties Law (42 U.S.C. 1320a-7a), which provides for civil monetary 
penalty amounts; (2) section 1128A(o)-(s) of the Social Security Act, 
which provides for civil monetary penalties for fraud and other 
misconduct related to grants, contracts, and other agreements; and (3) 
section 3022(b) of the Public Health Service Act (42 U.S.C. 300jj-52), 
which provides for investigation and enforcement of information 
blocking.
    Alternatives: The regulations incorporate the statutory changes to 
HHS's authority found in the Cures Act and the BBA. The alternative 
would be to rely solely on the statutory authority and not align the 
regulations accordingly. However, we concluded that the public benefit 
of providing clarity by placing the new civil monetary penalties and 
updated civil monetary penalty amounts within the existing regulatory 
framework outweighed any burdens of additional regulations promulgated.
    Anticipated Cost and Benefits: We believe that there are no 
significant costs associated with these proposed revisions that would 
impose any mandates on State, local, or Tribal governments or the 
private sector. The regulation will provide a disincentive for 
bottlenecks to the flow of health data that exist, in part, because 
parties are reticent to share data across the healthcare system or 
prefer not to do so. The final rule will help foster interoperability, 
thus improving care coordination, access to quality healthcare, and 
patients' access to their healthcare data.
    Risks: To be determined.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   04/24/20  85 FR 22979
NPRM Comment Period End.............   06/23/20
Final Action........................   03/00/23
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Small Entities Affected: No.
    Government Levels Affected: None.
    Agency Contact: Chris Hinkle, Senior Advisor, Department of Health 
and Human Services, Office of the Inspector General, 330 Independence 
Avenue SW, Washington, DC 20201, Phone: 202 891-6062, Email: 
[email protected].
    RIN: 0936-AA09

HHS--OFFICE FOR CIVIL RIGHTS (OCR)

Proposed Rule Stage

51. Rulemaking on Discrimination on the Basis of Disability in Health 
and Human Services Programs or Activities [0945-AA15]

    Priority: Economically Significant. Major under 5 U.S.C. 801.
    Legal Authority: sec. 504 of the Rehabilitation Act of 1973; 29 
U.S.C. 794
    CFR Citation: 45 CFR 84.
    Legal Deadline: None.
    Abstract: This proposed rule would revise regulations under section 
504 of the Rehabilitation Act of 1973 to address unlawful 
discrimination on the basis of disability in vital HHS-funded health 
and human services programs. Covered topics may include 
nondiscrimination in medical treatment, child welfare programs and 
activities, value assessment methods, accessible medical equipment, 
information and communication technology, and other relevant health and 
human services activities.
    Statement of Need: To robustly enforce the prohibition of 
discrimination on the basis of disability, OCR will update the section 
504 of the Rehabilitation Act regulations to clarify obligations and 
address issues that have emerged in our enforcement experience 
(including complaints OCR has received), case law, and statutory 
changes under the Americans with Disabilities Act and other relevant 
laws, in the forty-plus years since the regulation was promulgated. OCR 
has heard from complainants and many other stakeholders, as well as 
Federal partners, including the National Council on Disability, on the 
need for updated regulations in a number of important areas.
    Summary of Legal Basis: The current regulations have not been 
updated to be consistent with the Americans with Disabilities Act, the 
Americans with Disabilities Amendments Act, or the 1992 Amendments to 
the Rehabilitation Act, all of which made changes that should be 
reflected in the HHS section 504 regulations. Under Executive Order 
12250, the Department of Justice has provided a template for HHS to 
update this regulation.
    Alternatives: OCR considered issuing guidance, and/or investigating 
individual complaints and compliance reviews. However, we concluded 
that not taking regulatory action could result in continued 
discrimination, inequitable treatment and even untimely deaths of 
people with disabilities. OCR continues to receive complaints alleging 
serious acts of disability discrimination each year. While we continue 
to engage in enforcement, we believe that our enforcement and 
recipients' overall compliance with the law will be better supported by 
the presence of a clearly articulated regulatory framework than 
continuing the status quo. Continuing to conduct case-by-case 
investigations without a broader framework risks lack

[[Page 11026]]

of clarity on the part of providers and violations of section 504 that 
could have been avoided and may go unaddressed. By issuing a proposed 
rule, we are undertaking the most efficient and effective means of 
promoting compliance with section 504.
    Anticipated Cost and Benefits: The Department anticipates that this 
rulemaking will result in significant benefits, namely by providing 
clear guidance to the covered entity community regarding requirements 
to administer their health programs and activities in a non-
discriminatory manner. In turn, the Department anticipates cost savings 
as individuals with disabilities can access a range of health care 
services. The Department expects that the rule, when finalized, will 
generate some changes in action and behavior that may generate some 
costs. The rule will address a wide range of issues, with varying 
impacts and a comprehensive analysis is underway.
    Risks: To be determined.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   03/00/23
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Undetermined.
    Government Levels Affected: Undetermined.
    Agency Contact: Molly Burgdorf, Section Chief, Civil Rights 
Division, Department of Health and Human Services, Office for Civil 
Rights, 200 Independence Avenue SW, Washington, DC 20201, Phone: 800 
368-1019, TDD Phone: 800 537-7697, Email: [email protected].
    RIN: 0945-AA15

HHS--OCR

Final Rule Stage

52. Nondiscrimination in Health Programs And Activities [0945-AA17]

    Priority: Economically Significant. Major under 5 U.S.C. 801.
    Legal Authority: sec. 1557 of the Patient Protection and Affordable 
Care Act (42 U.S.C. 18116); 42 U.S.C. 1302; 42 U.S.C. 1395; 42 U.S.C. 
1395eee(f); 42 U.S.C. 1396u-4(f); 42 U.S.C. 2000d-1; 20 U.S.C. 1405; 29 
U.S.C. 794; 42 U.S.C. 290dd-2; 21 U.S.C. 1174; 42 U.S.C. 300gg to 
300gg-63; 42 U.S.C. 300gg-91; 42 U.S.C. 300gg-92; 42 U.S.C. 300gg-111 
to 300gg-139 as amended, sec. 3203; Pub. L. 116-136, 134 Stat. 281; 42 
U.S.C. 18021 to 18024; 42 U.S.C. 18031 to 18033; 42 U.S.C. 18041 to 
18042; 42 U.S.C. 18044; 42 U.S.C. 18051; 42 U.S.C. 18054; 42 U.S.C. 
18061; 42 U.S.C. 18063; 42 U.S.C. 18071; 42 U.S.C. 18081 to 18083; 26 
U.S.C. 36B
    CFR Citation: 42 CFR 438; 42 CFR 440; 42 CFR 457; 42 CFR 460; 45 
CFR 80; 45 CFR 84; 45 CFR 86; 45 CFR 91; 45 CFR 92; 45 CFR 147; 45 CFR 
155; 45 CFR 156; . . .
    Legal Deadline: None.
    Abstract: This rule will address changes to the 2020 Final Rule 
implementing section 1557 of the Patient Protection and Affordable Care 
Act (PPACA). Section 1557 of PPACA prohibits discrimination on the 
basis of race, color, national origin, sex, age, or disability under 
any health program or activity, any part of which is receiving Federal 
financial assistance, including credits, subsidies, or contracts of 
insurance, or under any program or activity that is administered by an 
Executive Agency, or any entity established under title l of the PPACA.
    Statement of Need: The Biden-Harris Administration has made 
advancing health equity and nondiscrimination in health care a 
cornerstone of its policy agenda. The current section 1557 implementing 
regulation significantly curtails the scope of application of section 
1557 protections and creates uncertainty and ambiguity as to what 
constitutes prohibited discrimination in covered health programs and 
activities. Issuance of a revised section 1557 implementing regulation 
is important because it would provide clear and concise regulations 
that are consistent with the statutory text and protect historically 
marginalized communities as they seek access to health programs and 
activities.
    Summary of Legal Basis: The Secretary of the Department is 
statutorily authorized to promulgate regulations to implement section 
1557. 42 U.S.C. 18116(c). The current section 1557 Final Rule is 
pending litigation.
    Alternatives: The Department has considered the alternative of 
maintaining the section 1557 implementing regulation in its current 
form; however, the Department believes it is appropriate to undertake 
rulemaking given the Administration's commitment to advancing equity 
and access to health care and in light of the issues raised in 
litigation challenges to the current rule.
    Anticipated Cost and Benefits: In enacting section 1557 of the ACA, 
Congress recognized the benefits of equal access to health services and 
health insurance that all individuals should have, regardless of their 
race, color, national origin, sex, age, or disability. The Department 
anticipates that this rulemaking will result in significant benefits 
that are difficult to quantify, namely by providing clear guidance to 
the covered entity community regarding requirements to administer their 
health programs and activities in a non-discriminatory manner. In turn, 
the Department anticipates cost savings as individuals are able to 
access a range of health care services that will result in decreased 
health disparities among historically marginalized groups and increased 
health benefits. The Department estimates annualized costs over a 5-
year time horizon of about $551 million or $560 million; however, it is 
important to recognize that this rule applies pre-existing 
nondiscrimination requirements in Federal civil rights laws to various 
entities, the great majority of which have been covered by these 
requirements for years.
    Risks: To be determined.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   08/04/22  87 FR 47751
NPRM Comment Period End.............   10/03/22  .......................
Final Action........................   03/00/23
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Government Levels Affected: Federal, Local, State.
    URL For More Information: https://www.hhs.gov/civil-rights/for-individuals/section-1557/index.html.
    URL For Public Comments: https://www.regulations.gov/document/HHS-OS-2022-0012-0001.
    Agency Contact: Dylan Nicole De Kervor, Senior Advisor to the 
Director, Department of Health and Human Services, Office for Civil 
Rights, 200 Independence Avenue SW, Washington, DC 20201, Phone: 202 
240-3110, Email: [email protected]">1557[email protected].
    Related RIN: Related to 0945-AA02, Related to 0945-AA11
    RIN: 0945-AA17


[[Page 11027]]



HHS--OFFICE OF THE NATIONAL COORDINATOR FOR HEALTH INFORMATION 
TECHNOLOGY (ONC)

Proposed Rule Stage

53. ONC Health IT Certification Program Updates, Health Information 
Network Attestation Process for the Trusted Exchange Framework and 
Common Agreement, and Enhancements To Support Information Sharing 
[0955-AA03]

    Priority: Other Significant. Major status under 5 U.S.C. 801 is 
undetermined.
    Legal Authority: 42 U.S.C. 300jj-11; 42 U.S.C. 300jj-14; 42 U.S.C. 
300jj-19a; 42 U.S.C. 300jj-52; 5 U.S.C. 552; Pub. L.114-255; Pub. L. 
116-260
    CFR Citation: 45 CFR 170; 45 CFR 171; 45 CFR 172.
    Legal Deadline: Final, Statutory, December 13, 2017, Conditions of 
certification and maintenance of certification. Final, Statutory, July 
24, 2019, Publish a list of the health information networks that have 
adopted the common agreement and are capable of trusted exchange 
pursuant to the common agreement.
    Abstract: The rulemaking implements certain provisions of the 21st 
Century Cures Act, including: the Electronic Health Record Reporting 
Program condition and maintenance of certification requirements under 
the ONC Health IT Certification Program; a process for health 
information networks that voluntarily adopt the Trusted Exchange 
Framework and Common Agreement to attest to such adoption of the 
framework and agreement; and enhancements to support information 
sharing under the information blocking regulations. The rulemaking 
would also include proposals for new standards and certification 
criteria under the Certification Program related to the United States 
Core Data for Interoperability, real-time benefit tools, electronic 
prior authorization, and potentially other revisions to the 
Certification Program.
    Statement of Need: The rulemaking would implement certain 
provisions of the 21st Century Cures Act, including: the Electronic 
Health Record (EHR) Reporting Program condition and maintenance of 
certification requirements under the (Certification Program); a process 
for health information networks that voluntarily adopt the Trusted 
Exchange Framework and Common Agreement to attest to such adoption of 
the framework and agreement; and enhancements to support information 
sharing under the information blocking regulations. The rulemaking 
would also include proposals for new standards and certification 
criteria under the Certification Program related to the United States 
Core Data for Interoperability, real-time benefit tools, and electronic 
prior authorization. These proposals would fulfill statutory 
requirements, provide transparency, advance interoperability, and 
support the access, exchange, and use of electronic health information. 
Transparency regarding health care information and activities as well 
as the interoperability and electronic exchange of health information 
are central to the efforts of the Department of Health and Human 
Services to enhance and protect the health and well-being of all 
Americans.
    Summary of Legal Basis: The provisions would be implemented under 
the authority of the Public Health Service Act, as amended by the 
HITECH Act and the 21st Century Cures Act.
    Alternatives: ONC will consider different options and measures to 
improve transparency, and the interoperability and access to electronic 
health information so that the benefits to providers, patients, and 
payers are maximized and the economic burden to health IT developers, 
providers, and other stakeholders is minimized.
    Anticipated Cost and Benefits: The majority of costs for this 
proposed rule would be incurred by health IT developers in terms of 
meeting new requirements and continual compliance with the EHR 
Reporting Program condition and maintenance of certification 
requirements. We also expect that implementation of new standards and 
information sharing requirements may also account for some costs. We 
expect that through implementation and compliance with the regulations, 
the market (particularly patients, payers, and providers) will benefit 
greatly from increased transparency, interoperability, and streamlined, 
lower cost access to electronic heath information.
    Risks: At this time, ONC has not been able to identify any 
substantial risks that would undermine likely proposals in the proposed 
rule. ONC will continue to consider and deliberate regarding any 
identified potential risks and will be sure to identify them for 
stakeholders and seek comment from stakeholders during the comment 
period for the proposed rule.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   12/00/22
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Small Entities Affected: Businesses.
    Government Levels Affected: Undetermined.
    Agency Contact: Michael Lipinski, Director, Regulatory & Policy 
Affairs Division, Department of Health and Human Services, Office of 
the National Coordinator for Health Information Technology, Mary E. 
Switzer Building, 330 C Street SW, Washington, DC 20201, Phone: 202 
690-7151, Email: [email protected].
    RIN: 0955-AA03

HHS--ONC

54.  Establishment of Disincentives for Health Care Providers 
Who Have Committed Information Blocking [0955-AA05]

    Priority: Other Significant. Major status under 5 U.S.C. 801 is 
undetermined.
    Legal Authority: 42 U.S.C. 300jj-52; 42 U.S.C. 1315a; 42 U.S.C. 
1395jjj; 42 U.S.C. 1395ww; 42 U.S.C. 1395f; 42 U.S.C. 1395w-4; 42 
U.S.C. 1395yy; 42 U.S.C. 1395rr; 42 U.S.C. 1395f; 42 U.S.C. 1395l; 42 
U.S.C. 195fff
    CFR Citation: 45 CFR 171; 42 CFR 495; 42 CFR 413; 42 CFR 41.
    Legal Deadline: None.
    Abstract: The rulemaking implements certain provisions of the 21st 
Century Cures Act to establish appropriate disincentives for health 
care providers determined by the Inspector General to have committed 
information blocking. Consistent with the 21st Century Cures Act, the 
rulemaking establishes a first set of disincentives using HHS 
authorities under applicable Federal law, including authorities 
delegated to the Centers for Medicare & Medicaid Services, and includes 
related policies necessary to implement these provisions.
    Statement of Need: The rulemaking would implement a provision of 
the 21st Century Cures Act which requires OIG to refer health care 
providers that OIG determines to have committed information blocking to 
the appropriate agency to be subject to appropriate disincentives using 
authorities under applicable Federal law, as the Secretary sets forth 
through notice and comment rulemaking. Release of the proposed rule is 
needed to implement this critical component of the Cures Act and ensure 
effective enforcement of information blocking rules.
    Summary of Legal Basis: The provisions would be implemented under 
the authority of the Public Health

[[Page 11028]]

Service Act, as amended by the 21st Century Cures Act.
    Alternatives: ONC will consider different available authorities 
under which appropriate disincentives could be established to minimize 
regulatory burden for health care providers.
    Anticipated Cost and Benefits: The costs of this proposed rule 
would be minimal. Investigated parties may incur some costs in response 
to an OIG investigation or enforcement action by an HHS agency, however 
this would depend on the frequency of prohibited conduct. The expected 
benefits of the regulation are deterring information blocking conduct 
that interferes with effective health information exchange and 
negatively impacts many important aspects of health care, including 
patient access, duplicative testing and costs, and the availability and 
quality of care.
    Risks: We anticipate that health care providers will express 
concern with the potential complexity of the approach (i.e., the 
application of a range of disincentives based on available authorities) 
as compared to a range of civil monetary penalties or fines. ONC will 
continue to consider additional potential risks, identify them for 
stakeholders, and seek comment from stakeholders during the comment 
period for the proposed rule.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   09/00/23  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Small Entities Affected: No.
    Government Levels Affected: None.
    Agency Contact: Alex Baker, Federal Policy Branch Chief, Department 
of Health and Human Services, Office of the National Coordinator for 
Health Information Technology, 330 C Street SW, 7th Fl., Washington, DC 
20201, Phone: 202 260-2048, Email: [email protected].
    RIN: 0955-AA05

HHS--ONC

55.  Patient Engagement, Information Sharing, and Public Health 
Interoperability [0955-AA06]

    Priority: Other Significant. Major status under 5 U.S.C. 801 is 
undetermined.
    Legal Authority: 42 U.S.C. 300jj-11; 42 U.S.C. 300jj-14; 42 U.S.C. 
300jj-19a; 42 U.S.C. 300jj-52; 5 U.S.C. 552; Pub. L., 114-255
    CFR Citation: 45 CFR 170; 45 CFR 171.
    Legal Deadline: None.
    Abstract: The rulemaking builds on policies adopted in the 21st 
Century Cures Act: Interoperability, Information Blocking, and the ONC 
Health IT Certification final rule (85 FR 25642) and included in the 
Health Information Technology: ONC Health IT Certification Program 
Updates, Health Information Network Attestation Process for the Trusted 
Exchange Framework and Common Agreement, and Enhancements to Support 
Information Sharing proposed rule (0955-AA03). The rulemaking advances 
electronic health information sharing through proposals for: standards 
adoption; the certification of health IT to support expanded uses of 
application programming interfaces (APIs), such as electronic prior 
authorization, patient engagement, and interoperable public health 
exchange; and supporting patient engagement and other information 
sharing principles under the information blocking regulations.
    Statement of Need: The rulemaking builds on policies adopted in the 
21st Century Cures Act: Interoperability, Information Blocking, and the 
ONC Health IT Certification final rule (85 FR 25642) and included in 
the Health Information Technology: ONC Health IT Certification Program 
Updates, Health Information Network Attestation Process for the Trusted 
Exchange Framework and Common Agreement, and Enhancements to Support 
Information Sharing proposed rule (0955-AA03). The rulemaking is needed 
to advance electronic health information sharing through proposals for: 
standards adoption; the certification of health IT to support expanded 
uses of application programming interfaces (APIs), such as electronic 
prior authorization, patient engagement, and interoperable public 
health exchange; and supporting patient engagement and other 
information sharing principles under the information blocking 
regulations.
    Summary of Legal Basis: The regulatory proposals would be 
implemented under the authority of the Public Health Service Act, as 
amended by the HITECH Act and the 21st Century Cures Act.
    Alternatives: ONC will consider different options to improve 
electronic health information interoperability and sharing so that the 
benefits to providers, patients, and payers are maximized and the 
economic burden to health IT developers, providers, and other 
stakeholders is minimized.
    Anticipated Cost and Benefits: The majority of costs for this 
proposed rule would be incurred by health IT developers in terms of 
meeting new requirements. We also expect that implementation of new 
standards for interoperability and information sharing requirements may 
account for some costs. We expect that through implementation and 
compliance with the regulations, the market (particularly patients, 
payers, and providers) will benefit greatly from improved 
interoperability and the access, exchange, and use of electronic heath 
information.
    Risks: At this time, ONC has not been able to identify any 
substantial risks that would undermine likely proposals in the proposed 
rule. ONC will continue to consider and deliberate regarding any 
potential risks and will be sure to identify them for stakeholders and 
seek comment from stakeholders during the comment period for the 
proposed rule.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   11/00/23
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Undetermined.
    Small Entities Affected: Businesses.
    Government Levels Affected: Undetermined.
    Agency Contact: Michael Lipinski, Director, Regulatory & Policy 
Affairs Division, Department of Health and Human Services, Office of 
the National Coordinator for Health Information Technology, Mary E. 
Switzer Building, 330 C Street SW, Washington, DC 20201, Phone: 202 
690-7151, Email: [email protected].
    RIN: 0955-AA06

HHS--SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES ADMINISTRATION (SAMHSA)

Proposed Rule Stage

56. Medications for the Treatment of Opioid Use Disorder [0930-AA39]

    Priority: Economically Significant. Major under 5 U.S.C. 801.
    Legal Authority: 21 U.S.C. 823(g)(1)
    CFR Citation: 42 CFR 8.
    Legal Deadline: None.
    Abstract: The Substance Abuse and Mental Health Services 
Administration (SAMHSA) will revise 42 CFR part 8 to make permanent 
some regulatory flexibilities for Opioid Treatment Programs (OTPs) 
granted under the COVID-19 Public Health Emergency (PHE), and to expand 
access to care for people with Opioid Use Disorder (OUD). Specifically, 
SAMHSA will propose making permanent those flexibilities pertaining to 
unsupervised

[[Page 11029]]

doses of methadone and also initiation of buprenorphine via 
telemedicine. To expand access to care, SAMHSA will also review 
admission criteria, particularly rules that may limit timely access to 
treatment in an OTP. To achieve this, sections of 42 CFR part 8 will 
require updating. SAMHSA's changes will impact roughly 1900 opioid 
treatment programs and state opioid treatment authorities.
    Statement of Need: These proposed changes will help facilitate 
access to Medications for Opioid Use Disorder (MOUD) in SAMHSA-
regulated opioid treatment programs (https://www.samhsa.gov/medication-assisted-treatment/become-accredited-opioid-treatment-program). 
Research and stakeholder feedback indicate that flexibilities granted 
under the COVID-19 PHE have been well received by treatment programs 
and patients. There are very few reports of diversion or overdose, and 
the flexibilities have been shown to facilitate patient engagement in 
activities, such as employment, that support recovery. Moreover, those 
with limited access to transportation benefit from these flexibilities 
since they are not required to attend the OTP as frequently. In this 
way, making permanent the methadone extended take home flexibility and 
buprenorphine initiation via telehealth flexibility will facilitate 
treatment engagement. To further support this and to help surmount 
increasing mortality and morbidity due to the growing fentanyl-driven 
overdose crisis, it is necessary to review OTP admission criteria. This 
will further expand access to care.
    Summary of Legal Basis: The current OTP flexibilities allow OTPs to 
operate in a manner that is otherwise inconsistent with existing OTP 
regulations, and therefore, a permanent extension of such exemptions 
would effectively revise the OTP regulations. If such action is pursued 
without rulemaking, it could be interpreted as inconsistent with 
SAMHSA's exemption authority under 42 CFR 8.11(h) and the 
Administrative Procedures Act, which requires agencies to go through 
notice and comment rulemaking before establishing legally binding 
rules. Therefore, incorporating the OTP flexibilities at issue into 42 
CFR part 8 through rulemaking is the optimal approach for making the 
OTP flexibilities permanent.
    Alternatives: Congressional action; allowing the flexibilities to 
lapse.
    Anticipated Cost and Benefits: This change will help facilitate 
access to opioid use disorder treatment in SAMHSA-regulated OTPs. 
Programs have already incorporated COVID-19 flexibilities into practice 
and have systems in place that support their delivery in a cost 
effective, safe, and patient centered manner. This proposed rule is not 
expected to impart a cost to patients. In fact, the proposed rule 
allows patients to more readily engage in employment and necessary 
daily activities. This supports patient workforce participation, income 
generation, and also recovery. Further to this, expanded access will 
potentially limit the long-term effects of opioid misuse among those 
seeking rapid access to treatment.
    Risks: Patients seeking extended take-home doses of methadone or 
who have been reviewed via telehealth for initiation of buprenorphine 
should still be required to have an in-person visit at the OTP at 
intermittent intervals. Without this provision, there is risk of 
patients receiving a lower standard of care and increased risk of 
diversion of medications.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   12/00/22
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Small Entities Affected: Businesses.
    Government Levels Affected: State.
    Agency Contact: Dr. Neeraj Gandotra, Chief Medical Officer, 
Department of Health and Human Services, Substance Abuse and Mental 
Health Services Administration, 5600 Fishers Lane, 18E67, Rockville, MD 
20857, Phone: 202 823-1816, Email: [email protected].
    RIN: 0930-AA39

HHS--CENTERS FOR DISEASE CONTROL AND PREVENTION (CDC)

Final Rule Stage

57. Control of Communicable Diseases; Foreign Quarantine [0920-AA75]

    Priority: Other Significant.
    Legal Authority: 42 U.S.C. 264; 42 U.S.C. 265
    CFR Citation: 42 CFR 71.
    Legal Deadline: None.
    Abstract: This rulemaking amends current regulation to enable CDC 
to require airlines to collect and provide to CDC certain data elements 
regarding passengers and crew arriving from foreign countries under 
certain circumstances.
    Statement of Need: In order to control the introduction, 
transmission, and spread of communicable diseases such as COVID-19 into 
the United States, the collection of traveler contact information helps 
ensure that CDC and state and local health authorities are able to 
identify and locate persons arriving in, or transiting through, the 
United States from a foreign country who may have been exposed to a 
communicable disease abroad.
    Summary of Legal Basis: The Public Health Service Act (42 U.S.C. 
264 and 268) authorizes the Secretary of the Department of Health and 
Human Services to make and enforce regulations necessary to prevent the 
introduction, transmission, or spread of communicable diseases from 
foreign countries into the United States, or from one State or 
possession into any other State or possession. Regulations that 
implement federal quarantine authority are currently promulgated in 42 
CFR parts 70 and 71. CDC's authority for collecting these data fields 
is contained in 42 CFR 71.4.
    Alternatives: The transmission of disease, as seen during the 
COVID-19 pandemic, has the potential to lead to thousands or millions 
of deaths in addition to the significant healthcare and economic costs. 
Follow-up with passengers arriving from foreign countries who may be 
infectious or exposed to a communicable disease is critical. The 
alternative to collecting traveler contact information before their 
flight is to collect the information from airlines following the 
passenger's flight. When this was done in the past, some airlines took 
several days to respond to a single request if the information was 
available. In addition, there is significant time and labor required 
for CDC to obtain additional information from federal databases and 
process the received information into a format suitable for 
distribution to state and local health authorities in the United 
States. As a result, obtaining contact information after a flight, 
assuming that information is available, can lead to a delay of several 
days before health authorities can start contacting potentially exposed 
travelers. This time delay allows for travelers to be lost to follow-up 
or become symptomatic or infectious. The time required and costs 
incurred under this alternative increase exponentially with multiple 
post-flight manifest requests to airlines.
    Anticipated Cost and Benefits: The annual, ongoing costs to collect 
traveler contact information, in the form of airline and travel agency 
staff time and passenger time, are estimated to be approximately $285 
million. This does not include the initial costs for updating IT 
systems and employee training, which have already been incurred. The 
costs to the government are minimal, as

[[Page 11030]]

the vast majority of passenger information that is being collected is 
transmitted to the government via established data systems that are 
already in use for other purposes.
    The benefits to this rulemaking include rapid follow-up by public 
health authorities with passengers who may be infectious or exposed to 
a communicable disease, resulting in less spread and transmission of 
disease into and throughout the United States, helping to prevent 
public health and economic costs. The availability of passenger contact 
data may be used by public health authorities to slow the introduction 
and transmission of novel infectious diseases, including new variants 
of the SARS-CoV-2 virus, which causes COVID-19 disease.
    Risks: The risk to not collecting this information is that CDC 
would have to revert back to previous ways of obtaining this 
information for public health follow up. Some of those methods were 
time intensive and resulted in delays in follow up.
    The risk, although minimal, in collecting this information is that 
airlines and international passengers often do not want to comply (or 
may not want to comply) with the requirement. To date, however, CDC has 
found instances of noncompliance have been very limited.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Interim Final Rule Effective........   02/07/20
Interim Final Rule..................   02/12/20  85 FR 7874
Interim Final Rule Comment Period      03/13/20
 End.
Final Action........................   11/00/23
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Small Entities Affected: Businesses.
    Government Levels Affected: None.
    International Impacts: This regulatory action will be likely to 
have international trade and investment effects, or otherwise be of 
international interest.
    Agency Contact: Ashley C. Altenburger JD, Public Health Analyst, 
Department of Health and Human Services, Centers for Disease Control 
and Prevention, 1600 Clifton Road NE, MS: H 16-4, Atlanta, GA 30307, 
Phone: 800 232-4636, Email: [email protected].
    RIN: 0920-AA75

HHS--CDC

58. World Trade Center Health Program; Addition of Uterine Cancer to 
the List of WTC-Related Health Conditions [0920-AA81]

    Priority: Other Significant.
    Legal Authority: Pub. L. 111-347; Pub. L. 114-113
    CFR Citation: 42 CFR 88.15.
    Legal Deadline: NPRM, Statutory, February 28, 2022.
    Authorizing statute requires publication of a rulemaking in the 
Federal Register not later than 90 days after receipt of advisory 
committee recommendation.
    Abstract: With this rulemaking, HHS/CDC proposes to add uterine 
cancer to the List of WTC-Related Health Conditions.
    Statement of Need: Uterine cancer is the only type of cancer not 
included on the List of WTC-Related Health Conditions (List) eligible 
for coverage by the WTC Health Program. Following requests from WTC 
responders and survivors, as well as a letter from five WTC Health 
Program Clinical Centers of Excellence requesting the addition of 
uterine cancer to the List, the Program reviewed the available 
scientific evidence of an association between uterine cancer and 9/11 
exposures in accordance with the WTC Health Program's Policy and 
Procedures for Adding Cancers to the List of WTC-Related Health 
Conditions. The disproportionately low representation of women in the 
most studied cohorts of exposed responders makes it unlikely that a 
definitive association between toxic exposure arising from the 
September 11, 2001, terrorist attacks and the occurrence of uterine 
cancer will be identified during the lifetimes of most WTC Health 
Program members.
    The Administrator of the WTC Health Program exercised discretion to 
seek a recommendation from the Program's Scientific/Technical Advisory 
Committee (STAC) and asked the STAC to review the available scientific 
evidence concerning potential associations between 9/11 exposures and 
uterine cancer. During public meetings, the STAC considered public 
comments and deliberated on whether there is a reasonable basis to 
recommend the addition of uterine cancer to the List, ultimately 
providing the Administrator with its recommendation and rationale for 
the addition. Based on the STAC's recommendation and the Program's 
evaluation of the available scientific literature, the Administrator 
determined that there is a sufficient evidentiary basis to propose the 
addition of uterine cancer to the List. This action will promote equity 
for Program members who are found to have WTC-related uterine cancer.
    Summary of Legal Basis: Title I of the James Zadroga 9/11 Health 
and Compensation Act of 2010 amended the Public Health Service (PHS) 
Act to establish the WTC Health Program within HHS. See 42 U.S.C. 300mm 
to 300mm61. The WTC Health Program provides medical monitoring and 
treatment benefits to eligible responders to the September 11, 2001, 
terrorist attacks in New York City, at the Pentagon, and in 
Shanksville, Pennsylvania (responders), and eligible survivors in the 
New York City disaster area (survivors). Treatment is available under 
the Program for specified health conditions included on the List. 
Section 3312(a)(6) of the PHS Act requires the Administrator of the WTC 
Health Program to conduct rulemaking to propose the addition of a 
health condition to the List codified in 42 CFR 88.15.
    Alternatives: If the WTC Health Program did not add uterine cancer 
to the List of WTC-Related Health Conditions, current and future WTC 
Health Program members who have or develop uterine cancer likely 
related to 9/11 exposures will not be eligible to receive treatment 
services from the Program.
    Anticipated Cost and Benefits: This final rulemaking is estimated 
to cost the WTC Health Program between $1,718,691 and $3,617,447 per 
annum for 2022-2025. Due to the implementation of provisions of the 
Patient Protection and Affordable Care Act and as required under the 
authorizing statute for the WTC Health Program, all of the members and 
future members are assumed to have or have access to medical insurance 
coverage other than through the WTC Health Program. Therefore, all 
treatment costs to be paid by the WTC Health Program are considered 
transfer payments. This final rulemaking will not impose costs on 
Program members or any other interested party.
    WTC Health Program members with certified WTC-related uterine 
cancer are expected to experience better treatment outcomes with 
Program physicians as compared to receiving care outside of the 
Program. Members may experience higher survival rates compared with 
those not enrolled and have improved access to timely care, which is 
associated with improved treatment outcomes.
    Risks: The WTC Health Program may be perceived as a policy decision 
as a result of this rulemaking because the

[[Page 11031]]

science informing proposed additions to the List is limited by 
incomplete information on 9/11 exposures, health outcomes, and the 
relationships they share. For example, the exposures experienced by the 
responders and survivors on and after September 11, 2001 were not 
measured and can only be estimated. Also, there are relatively few 
women in the 9/11-exposed populations; therefore, studies lack the 
statistical power needed to observe a causal association among women 
with a high degree of certainty. Given incomplete information, some may 
argue against the sufficiency of the science supporting the addition of 
uterine cancer to the List.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   05/10/22  87 FR 27961
NPRM Comment Period End.............   06/24/22  .......................
Final Action........................   01/00/23  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Small Entities Affected: No.
    Government Levels Affected: Federal.
    Agency Contact: Rachel Weiss, Public Health Analyst, Department of 
Health and Human Services, Centers for Disease Control and Prevention, 
1090 Tusculum Avenue, MS C-46, Cincinnati, OH 45226, Phone: 404 498-
2500, Email: [email protected].
    RIN: 0920-AA81

HHS--FOOD AND DRUG ADMINISTRATION (FDA)

Proposed Rule Stage

59. Biologics Regulation Modernization [0910-AI14]

    Priority: Other Significant.
    Legal Authority: 42 U.S.C. 262; 21 U.S.C. 301, et seq.
    CFR Citation: 21 CFR 601.
    Legal Deadline: None.
    Abstract: FDA's biologics regulations will be updated to clarify 
existing requirements and procedures related to Biologic License 
Applications and to promote the goals associated with FDA's 
implementation of the abbreviated licensure pathway created by the 
Biologics Price Competition and Innovation Act of 2009.
    Statement of Need: As biologics regulations were primarily drafted 
in the 1970s, before passage of the BPCI Act, the regulations need to 
be updated and modernized to account for the existence of biosimilar 
and interchangeable biological products. The intent of this rulemaking 
is to make high priority updates to FDA's biologics regulations with 
the goals of (1) providing enhanced clarity and regulatory certainty 
for manufacturers of both originator and biosimilar/interchangeable 
products and (2) helping prevent the gaming of FDA regulatory 
requirements to prevent or delay competition from biosimilars and 
interchangeable products.
    Summary of Legal Basis: FDA's authority for this rule derives from 
the biological product provisions in section 351 of the PHS Act (42 
U.S.C. 262), and the provisions of the Federal Food, Drug, and Cosmetic 
Act (FD&C Act) (21 U.S.C. 301, et seq.) applicable to biological 
products.
    Alternatives: FDA would continue to rely on guidance and one-on-one 
communications with sponsors through formal meetings and correspondence 
to provide clarity on existing requirements and procedures related to 
Biologic License Applications, increasing the risk of potential 
confusion and burden.
    Anticipated Cost and Benefits: This proposed rule would impose 
compliance costs on affected entities to read and understand the rule 
and to provide certain information relevant to the regulation. The 
provisions in this proposed rule would reduce regulatory uncertainty 
for manufacturers of originator and biosimilar and interchangeable 
products. This reduction of uncertainty may lead to time-savings to 
industry and cost-savings to government due to better organized and 
more complete BLAs and increased procedural clarity and predictability.
    Risks: None.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   10/00/23  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Undetermined.
    Government Levels Affected: None.
    Federalism: Undetermined.
    Agency Contact: Sandra Benton, Senior Policy Coordinator, 
Department of Health and Human Services, Food and Drug Administration, 
10903 New Hampshire Avenue, Building 22, Room 1132, Silver Spring, MD 
20993, Phone: 301 796-1042, Email: [email protected].
    RIN: 0910-AI14

HHS--FDA

60. Certifications Concerning Imported Foods [0910-AI66]

    Priority: Other Significant. Major under 5 U.S.C. 801.
    Unfunded Mandates: Undetermined.
    Legal Authority: 21 U.S.C. 381; 21 U.S.C. 371(b); 42 U.S.C. 243; 42 
U.S.C. 264; 42 U.S.C. 271; . . .
    CFR Citation: 21 CFR 1, Subpart F.
    Legal Deadline: None.
    Abstract: This regulation, if finalized, will help prevent 
potentially harmful imported foods from reaching consumers and thereby 
improve the safety of the U.S. food supply by allowing the agency to 
require, as a condition of importation of food with known safety risk, 
a certification or such other assurances as the Agency determines 
appropriate, that imported food complies with U.S food safety 
requirements.
    Statement of Need: Imported food is increasingly implicated in U.S. 
foodborne illness outbreaks. These illnesses emphasize the importance 
of ensuring imported food meets applicable requirements of the Act. 
Historically, FDA has relied on its staff to detect safety problems 
with imported food by intercepting and examining food products when 
they are offered for import into the United States or by performing 
inspections of foreign facilities that produce food for export to the 
United States. This rule, if finalized, would establish requirements 
for implementing import certification as a condition of granting 
admission to an article of food imported into the United States, 
pursuant to section 801(q) of the FD&C Act. We anticipate that this 
regulation, if finalized, will help prevent potentially harmful 
imported foods from reaching consumers and thereby improve the safety 
of the U.S. food supply.
    Summary of Legal Basis: Section 303 of FSMA, Authority to Require 
Import Certifications for Food, amended section 801 of the FD&C Act (21 
U.S.C. 381) to create a new subsection (q) entitled, Certifications 
Concerning Imported Foods. Section 801(q) gives FDA authority to 
require import certification based on the risk of the food. FDA also 
derives authority for these proposed requirements from section 701(b) 
of the FD&C Act (21 U.S.C. 371(b)), which authorizes the Secretaries of 
Treasury and Health and Human Services to jointly prescribe regulations 
for the efficient enforcement of section 801 of the FD&C Act. 
Additionally, sections 311, 361, and 368 of the Public Health Service 
Act (PHS Act) (42 U.S.C. 243, 264, and 271, respectively), which relate

[[Page 11032]]

to communicable disease, provide FDA with authority to make and enforce 
such regulations as in FDA's judgment are necessary to prevent the 
introduction, transmission, or spread of communicable diseases from 
foreign countries into the States or possessions, or from one State or 
possession into any other State or possession (see section 361(a) of 
the PHS Act) (42 U.S.C. 264(a)).
    Alternatives: None.
    Anticipated Cost and Benefits: The primary estimate for annualized 
costs is $74.3 million, including costs from third-party audits, 
foreign government inspections, and foreign government certification 
associated with complying with an import certification requirement.
    The primary estimate for annualized benefits is $109.7 million, 
including food safety benefits to consumers, cost savings from reduced 
transit and storage time, and cost savings from reduced food testing.
    Risks: During 1996-2014, 195 outbreaks with 10,685 associated 
illnesses were reported where the implicated food was imported into the 
U.S., representing an increasing percentage of reported outbreaks 
during that timeframe. These illnesses underscore the importance of 
ensuring imported food meets applicable requirements of the FD&C Act. 
This rule, if finalized, would implement a risk-based approach to 
requiring import certification for food as a condition of 
admissibility. FDA would obtain assurances that imported food meets 
applicable requirements of the FD&C Act and implementing regulations 
before the food is offered for import into the U.S. This rule is 
intended to protect public health by strengthening FDA's import 
oversight activities for foods and preventing unsafe foods from 
reaching domestic markets.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   04/00/23  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Small Entities Affected: Businesses.
    Government Levels Affected: Undetermined.
    International Impacts: This regulatory action will be likely to 
have international trade and investment effects, or otherwise be of 
international interest.
    Agency Contact: Peter Fox, Regulatory Counsel, Department of Health 
and Human Services, Food and Drug Administration, 12420 Parklawn Drive, 
ELEM, RM 41416, Rockville, MD 20857, Phone: 240 402-1857, Email: 
[email protected].
    RIN: 0910-AI66

HHS--FDA

61. Use of Salt Substitutes To Reduce the Sodium Content in 
Standardized Foods [0910-AI72]

    Priority: Other Significant. Major status under 5 U.S.C. 801 is 
undetermined.
    Legal Authority: 21 U.S.C. 321; 21 U.S.C. 331; 21 U.S.C. 336; 21 
U.S.C. 346; 21 U.S.C. 343; 21 U.S.C. 348; 21 U.S.C. 371; 21 U.S.C. 379e
    CFR Citation: 21 CFR 130; 21 CFR 131; 21 CFR 133; 21 CFR 136; 21 
CFR 155; . . .
    Legal Deadline: None.
    Abstract: The Food and Drug Administration (FDA) is proposing to 
amend its regulations to permit the use of salt substitutes in 
standardized foods in which salt (sodium chloride) is a required or 
optional ingredient. The proposed rule, if finalized, would support 
industry efforts to reduce sodium content in standardized foods and 
improve dietary patterns by helping to reduce consumer sodium 
consumption.
    Statement of Need: FDA seeks to improve dietary patterns in the 
United States to help reduce the burden of diet-related chronic 
diseases and advance health equity. We are committed to accomplishing 
this by, in part, creating a healthier food supply for all. One way FDA 
is working towards this goal is by helping to reduce sodium across the 
food supply.
    FDA is proposing to amend 80 standards of identity (SOI) that 
include salt as a required or optional ingredient to allow the use of 
salt substitutes. Salt substitutes are ingredients that can help to 
reduce sodium in the food supply. FDA is proposing to permit the use of 
salt substitutes to reduce the sodium content in standardized foods. 
Most SOI regulations that include salt as a required or optional 
ingredient do not allow the use of salt substitutes. Therefore, food 
manufacturers are currently precluded from using salt substitutes in 
the production of these standardized foods. The proposed rule does not 
identify specific salt substitutes, but rather, proposes a broad 
definition to provide flexibility and facilitate industry innovation.
    The proposed rule would permit the use of salt substitutes across 
80 SOI that require salt as an ingredient or provide for salt as an 
optional ingredient. In addition, the proposed rule would update the 
incorporation by reference (IBR) information of several SOI to refer to 
the most recent versions of the IBR materials and to provide up-to-date 
contact information for obtaining the IBR materials. The proposed rule 
would also make technical amendments to correct typographical errors in 
some SOI regulations.
    Summary of Legal Basis: FDA is issuing this proposed rule under 
sections 201, 401, 402, 409, and 701 of the Federal Food, Drug, and 
Cosmetic Act (FD&C Act) (21 U.S.C. 321, 341, 342, 348, 371). These 
sections authorize FDA to issue regulations establishing a reasonable 
definition and standard of identity to promote honesty and fair dealing 
in the interest of consumers; define food additives, provide 
authorizations and exemptions from regulation as a food additive, and 
allow the agency to issue regulations for the efficient enforcement of 
the FD&C Act.
    Alternatives: The rule is a voluntary or permitting rule with no 
regulatory costs. Therefore, we did not consider alternatives designed 
to reduce the regulatory impact.
    Anticipated Cost and Benefits: Voluntary or permitting rules 
generate potential for social benefits that depend on voluntary 
behavior for their realization. Being voluntary, they do not generate 
regulatory costs. Net social costs are possible if the newly allowed 
voluntary behavior generates net social costs, in which case we should 
not have permitted that behavior. In this case, we can identify only a 
potential social benefit. However, the size of any actually occurring 
benefit is unknown. Because we cannot rule out economic significance, 
we set the primary estimated annualized benefits at the minimum that 
would make the rule economically significant, which is $165 M. That 
social benefit is calculated net of the cost of the voluntary activity 
that generates those benefits. We set the uncertainty range to give 
that figure as the mean, so it runs from $0 to $330 M.
    Risks: There are no known risks.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   03/00/23  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Undetermined.
    Government Levels Affected: None.
    Agency Contact: Jeanmaire Hryshko, Lead Consumer Safety Officer, 
Department of Health and Human Services, Food and Drug Administration, 
Center for Food Safety and Applied Nutrition, 5001 Campus

[[Page 11033]]

Drive, HFS-265, College Park, MD 20740, Phone: 240 402-2371, Email: 
[email protected].
    RIN: 0910-AI72

HHS--FDA

62. Tobacco Product Standard for Nicotine Level of Certain Tobacco 
Products [0910-AI76]

    Priority: Economically Significant. Major status under 5 U.S.C. 801 
is undetermined.
    Unfunded Mandates: Undetermined.
    Legal Authority: 21 U.S.C. 387g
    CFR Citation: 21 CFR 1160.
    Legal Deadline: None.
    Abstract: The proposed rule is a tobacco product standard that 
would establish a maximum nicotine level in cigarettes and certain 
other finished tobacco products.
    Statement of Need: Each year, 480,000 people die prematurely from a 
smoking-attributed disease, making tobacco use the leading cause of 
preventable disease and death in the United States. Nearly all these 
adverse health effects are ultimately the result of addiction to the 
nicotine in combusted tobacco products, leading to repeated exposure to 
toxicants from those products. Nicotine is powerfully addictive. The 
U.S. Surgeon General has reported that 87 percent of adult smokers 
start smoking before age 18, and half of adult smokers become addicted 
before age 18. This proposed rule is a tobacco product standard that 
would establish a maximum nicotine level in cigarettes and certain 
other finished tobacco products. Because tobacco-related harms 
primarily result from addiction to products that repeatedly expose 
users to toxins, FDA would take this action to reduce addictiveness of 
certain tobacco products, thus giving addicted users a greater ability 
to quit. This product standard would also help to prevent experimenters 
(mainly youth) from initiating regular use, and, therefore, from 
becoming regular smokers. The proposed product standard is anticipated 
to benefit the population as a whole, while also advancing health 
equity by addressing disparities associated with cigarette smoking, 
dependence, and cessation.
    Summary of Legal Basis: Section 907 of the FD&C Act authorizes the 
adoption of tobacco product standards if the Secretary finds that a 
tobacco product standard is appropriate for the protection of public 
health, and includes authority related to provisions for nicotine 
yields in tobacco product standards.
    Alternatives: In addition to the costs and benefits of the product 
standard as proposed, FDA plans to assess the costs and benefits of a 
different effective date for the rule and the impact of including 
additional tobacco products in the product standard.
    Anticipated Cost and Benefits: The anticipated benefits of the 
product standard include benefits from reduced death and disease 
resulting from decreased tobacco use among adult consumers, reduced 
death and disease from secondhand smoke, and reduced death and disease 
among youth who are deterred from initiating under the product 
standard. The qualitative benefits of the proposed rule include impacts 
such as reduced illness and increased productivity for smokers and 
nonsmokers, as well as reduced smoking-related fires, cigarette litter, 
and other environmental impacts.
    The proposed rule is expected to generate compliance costs on 
affected entities, such as one-time costs to read and understand the 
rule and alter manufacturing and importing practices; and costs to some 
consumers, such as search and temporary withdrawal costs.
    Risks: None.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   10/00/23  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Undetermined.
    Government Levels Affected: Federal, Local, State, Tribal.
    Federalism: This action may have federalism implications as defined 
in E.O. 13132.
    Agency Contact: Courtney Smith, Senior Regulatory Counsel, 
Department of Health and Human Services, Food and Drug Administration, 
Center for Tobacco Products, Document Control Center Building 71, Room 
G335, 10903 New Hampshire Avenue, Silver Spring, MD 20993, Phone: 877 
287-1373, Fax: 877 287-1426, Email: [email protected].
    RIN: 0910-AI76

HHS--FDA

Final Rule Stage

63. Mammography Quality Standards Act [0910-AH04]

    Priority: Other Significant. Major under 5 U.S.C. 801.
    Legal Authority: 21 U.S.C. 360i; 21 U.S.C. 360nn; 21 U.S.C. 374(e); 
42 U.S.C. 263b
    CFR Citation: 21 CFR 900.
    Legal Deadline: None.
    Abstract: FDA is amending its regulations governing mammography. 
The amendments will update the regulations issued under the Mammography 
Quality Standards Act of 1992 (MQSA) and the Federal Food, Drug, and 
Cosmetic Act (FD&C Act). FDA is taking this action to address changes 
in mammography technology and mammography processes that have occurred 
since the regulations were published in 1997 and to address breast 
density reporting to patient and healthcare providers.
    Statement of Need: FDA is updating the mammography regulations that 
were issued under the Mammography Quality Standards Act of 1992 (MQSA) 
and the FD&C Act. FDA is taking this action to address changes in 
mammography technology and mammography processes.
    FDA is also updating to modernize the regulations by incorporating 
current science and mammography best practices, including addressing 
breast density reporting to patients and healthcare providers. These 
updates are intended to improve the delivery of mammography services.
    Summary of Legal Basis: The MQSA (Pub. L. 102-539) is codified 
under the Public Health Service (PHS) Act (42 U.S.C. 263b; section 354 
of the PHS Act). Under the MQSA, all mammography facilities, except 
facilities of the Department of Veterans Affairs, must be accredited by 
an approved accreditation body and certified by FDA (or an approved 
State certification agency) to provide mammography services (42 U.S.C. 
263b(b)(1), (d)(1)(iv)). FDA is amending the mammography regulations 
(set forth in part 900 (21 CFR part 900)) under section 354 of the PHS 
Act (42 U.S.C. 263b), and sections of the FD&C Act (sections 519, 537, 
and 704(e); 21 U.S.C. 360i, 360nn, and 374(e)).
    Alternatives: The Agency will consider different options so that 
the health benefits to patients are maximized and the economic burdens 
to mammography facilities are minimized.
    Anticipated Cost and Benefits: The benefits and costs associated 
with this final rule include qualitative benefits related to reduced 
mortality, morbidity and breast cancer treatment costs resulting from 
the breast density reporting requirements. Additional benefits that we 
are not able to quantify include improvements in the accuracy of 
mammography by improving quality control and strengthening the medical 
audit, and effects on morbidity.
    Risks: None.

[[Page 11034]]

    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   03/28/19  84 FR 11669
NPRM Comment Period End.............   06/26/19  .......................
Final Rule..........................   12/00/22  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Small Entities Affected: Businesses.
    Government Levels Affected: None.
    Agency Contact: Laurie Sternberg, Regulatory Counsel, Department of 
Health and Human Services, Food and Drug Administration, 10903 New 
Hampshire Avenue, Building 66, Room 5517, Silver Spring, MD 20993, 
Phone: 240 402-0425, Email: [email protected].
    RIN: 0910-AH04

HHS--FDA

64. Nonprescription Drug Product With an Additional Condition for 
Nonprescription Use [0910-AH62]

    Priority: Other Significant.
    Legal Authority: 21 U.S.C. 321; 21 U.S.C. 352; 21 U.S.C. 355; 21 
U.S.C. 371; 42 U.S.C. 262; 42 U.S.C. 264; . . .
    CFR Citation: 21 CFR 201.67; 21 CFR 314.56; 21 CFR 314.81; 21 CFR 
314.125; 21 CFR 314.127.
    Legal Deadline: None.
    Abstract: The final rule is intended to increase access to 
nonprescription drug products. The final rule would establish 
requirements for a drug product that could be marketed as a 
nonprescription drug product with an additional condition that an 
applicant must implement to ensure appropriate self-selection, 
appropriate actual use, or both by consumers.
    Statement of Need: Currently, nonprescription drug products are 
limited to drugs that can be labeled with sufficient information for 
consumers to appropriately self-select and use the drug product. For 
certain drug products, limitations of labeling present challenges for 
adequate communication of information needed for consumers to 
appropriately self-select or use the drug product without the 
supervision of a healthcare practitioner. FDA is finalizing regulations 
that would establish the requirements for a drug product that could be 
marketed as a nonprescription drug product with an additional condition 
that an applicant must implement to ensure appropriate self-selection, 
appropriate actual use or both by consumers.
    Summary of Legal Basis: FDA's revisions to the regulations 
regarding labeling and applications for nonprescription drug products 
labeling are authorized by the FD&C Act (21 U.S.C. 321 et seq.) and by 
the Public Health Service Act (42 U.S.C. 262 and 264).
    Alternatives: FDA evaluated various requirements for new drug 
applications to assess flexibility of nonprescription drug product 
design through drug labeling for appropriate self-selection and 
appropriate use.
    Anticipated Cost and Benefits: The benefits of the final rule would 
include increased consumer access to drug products and reduced access 
costs to these products as compared to their prescription alternatives. 
Benefits to industry would arise from the flexibility in drug product 
approval and the potential expansion of market revenue. Other benefits 
would include a reduction in repetitive meetings with industry and the 
Agency regarding this approval pathway. In addition, private and 
government-sponsored drug coverage plans may experience cost savings. 
Although applicants would incur the costs to develop and submit an 
application for a nonprescription drug with an ACNU, they would likely 
submit applications only when they expect that the profits from the 
approval would exceed the costs of the application. Lastly, we 
anticipate one-time costs of reading and understanding the rule that 
potential applicants would incur.
    Risks: None.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   06/28/22  87 FR 38313
NPRM Comment Period End.............   10/26/22  .......................
Final Rule..........................   10/00/23  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Small Entities Affected: Businesses.
    Government Levels Affected: None.
    Agency Contact: Chris Wheeler, Supervisory Project Manager, 
Department of Health and Human Services, Food and Drug Administration, 
10903 New Hampshire Avenue, Building 51, Room 3330, Silver Spring, MD 
20993, Phone: 301 796-0151, Email: [email protected].
    RIN: 0910-AH62

HHS--FDA

65. Tobacco Product Standard for Characterizing Flavors in Cigars 
[0910-AI28]

    Priority: Economically Significant. Major under 5 U.S.C. 801.
    Unfunded Mandates: This action may affect State, local or tribal 
governments and the private sector.
    Legal Authority: 21 U.S.C. 331; 21 U.S.C. 333; 21 U.S.C. 371(a); 21 
U.S.C. 387b and 387c; 21 U.S.C. 387f(d) and 387g; . . .
    CFR Citation: 21 CFR 1166.
    Legal Deadline: None.
    Abstract: This rule is a tobacco product standard that would 
prohibit characterizing flavors (other than tobacco) in all cigars. We 
are taking this action with the intention of reducing the tobacco-
related death and disease associated with cigar use. Evidence shows 
that flavored tobacco products appeal to youth and also shows that 
youth may be more likely to initiate tobacco use with such products. 
Characterizing flavors in cigars, such as strawberry, grape, orange, 
and cocoa, enhance taste and make these products easier to use. Over a 
half million youth in the United States use flavored cigars, placing 
these youth at risk for cigar-related death and disease.
    Statement of Need: The Federal Food, Drug, and Cosmetic Act (FD&C 
Act), as amended by the Family Smoking Prevention and Tobacco Control 
Act (Tobacco Control Act), authorizes FDA to adopt tobacco product 
standards under section 907 if the Secretary finds that a tobacco 
product standard is appropriate for the protection of the public 
health. This product standard will prohibit characterizing flavors 
(other than tobacco) in all cigars. Characterizing flavors in cigars, 
such as strawberry, grape, cocoa, and fruit punch, increase appeal and 
make the cigars easier to use, particularly among youth and young 
adults. This product standard will reduce the appeal of cigars, 
particularly to youth and young adults, and thereby decrease the 
likelihood of experimentation, development of nicotine dependence, and 
progression to regular use. This product standard will improve public 
health by increasing the likelihood of cessation among existing cigar 
smokers; this product standard will also improve health outcomes within 
groups that experience disproportionate levels of tobacco use, 
including certain vulnerable populations.
    Summary of Legal Basis: Section 907 of the FD&C Act authorizes the 
adoption of tobacco product standards if the Secretary finds that a 
tobacco product

[[Page 11035]]

standard is appropriate for the protection of public health. Section 
907 also authorizes FDA to include in a product standard a provision 
that restricts the sale and distribution of a tobacco product to the 
extent that it may be restricted by a regulation under section 906(d) 
of the FD&C Act. Section 906(d) of the FD&C Act authorizes the 
Secretary to issue regulations requiring restrictions on the sale and 
distribution of a tobacco product, including restrictions on the access 
to, and the advertising and promotion of, the tobacco product, if the 
Secretary determines that such regulation would be appropriate for the 
protection of the public health. Section 701(a) of the FD&C Act 
authorizes the promulgation of regulations for the efficient 
enforcement of the FD&C Act.
    Alternatives: In addition to the costs and benefits of the product 
standard, FDA will assess the costs and benefits of, among other 
things, a different effective date for the rule, and including pipe 
tobacco in the product standard.
    Anticipated Cost and Benefits: The anticipated benefits of the 
product standard include those coming from reduced death and disease 
that are the result of cigar use among adult cigar smokers, reduced 
death and disease from secondhand smoke, and reduced death and disease 
among youth who are deterred from initiating under the product 
standard.
    Risks: None.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
ANPRM...............................   03/21/18  83 FR 12294
ANPRM Comment Period End............   07/19/18  .......................
NPRM................................   05/04/22  87 FR 26396
NPRM Comment Period Extended........   06/21/22  87 FR 36786
NPRM Comment Period End.............   07/05/22  .......................
NPRM Comment Period Extended End....   08/02/22  .......................
Final Rule..........................   08/00/23  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Small Entities Affected: Businesses.
    Government Levels Affected: Federal, Local, State, Tribal.
    Federalism: This action may have federalism implications as defined 
in E.O. 13132.
    Agency Contact: Nathan Mease, Regulatory Counsel, Department of 
Health and Human Services, Food and Drug Administration, 10903 New 
Hampshire Avenue, Center for Tobacco Products, Document Control Center, 
Building 71, Room G335, Silver Spring, MD 20993, Phone: 877 287-1373, 
Email: [email protected].
    RIN: 0910-AI28

HHS--FDA

66. Standards for the Growing, Harvesting, Packing, and Holding of 
Produce for Human Consumption Relating to Agricultural Water [0910-
AI49]

    Priority: Other Significant.
    Legal Authority: 21 U.S.C. 321; 21 U.S.C. 331; 21 U.S.C. 342; 21 
U.S.C. 350h; 21 U.S.C. 371; 42 U.S.C. 243; 42 U.S.C. 264; 42 U.S.C. 
271; . . .
    CFR Citation: 21 CFR 112.
    Legal Deadline: None.
    Abstract: This rulemaking would revise certain requirements for 
agricultural water in the Standards for the Growing, Harvesting, 
Packing, and Holding of Produce for Human Consumption (produce safety) 
regulation for covered produce other than sprouts.
    Statement of Need: Agricultural water can be a major conduit of 
pathogens that can contaminate produce. Recent produce outbreaks 
potentially linked to agricultural water have emphasized the importance 
of ensuring that FDA's agricultural water standards are workable across 
the diversity of domestic and foreign farms and account for the variety 
of factors that impact water sources and uses. FDA plans to amend its 
produce safety regulation to address concerns about the practical 
challenges of implementing certain agricultural water requirements, 
while protecting the public health.
    Summary of Legal Basis: FDA's authority for issuing this rule is 
provided by sections 402, 419, and 701(a) of the Federal Food, Drug, 
and Cosmetic Act (FD&C Act) (21 U.S.C. 342, 350h, and 371(a)) and 
sections 311, 361, and 368 of the Public Health Service Act (PHS Act) 
(42 U.S.C. 243, 264, and 271).
    Specifically, this rulemaking would amend certain agricultural 
water requirements in the produce safety regulation, codified at 21 CFR 
part 112, and issued under the following authorities: Section 
419(c)(1)(A) of the FD&C Act (21 U.S.C. 350h(c)(1)(A)) authorizes FDA 
to establish science-based minimum standards for the safe production 
and harvesting of those types of fruits and vegetables that are raw 
agricultural commodities for which such standards minimize the risk of 
serious adverse health consequences or death. Section 419(c)(1)(B) of 
the FD&C Act (21 U.S.C. 350h(c)(1)(B)) further requires that these 
minimum standards provide sufficient flexibility to be practicable for 
all sizes and types of businesses. Section 402(a)(3) of the FD&C Act 
(21 U.S.C. 342(a)(3)) provides that a food is adulterated if it 
consists in whole or in part of any filthy, putrid, or decomposed 
substance, or if it is otherwise unfit for food. Section 402(a)(4) of 
the FD&C Act (21 U.S.C. 342(a)(4)) provides that a food is adulterated 
if it has been prepared, packed, or held under insanitary conditions 
whereby it may have become contaminated with filth, or whereby it may 
have been rendered injurious to health. Additionally, section 701(a) of 
the FD&C Act (21 U.S.C. 371(a)) grants the authority to promulgate 
regulations for the efficient enforcement of the FD&C Act. Sections 
311, 361, and 368 of the PHS Act (21 U.S.C. 243, 264, and 271), provide 
authority for FDA to issue regulations to prevent the spread of 
communicable diseases from one State to another.
    Alternatives: None.
    Anticipated Cost and Benefits: FDA anticipates costs associated 
with complying with the proposed water risk assessment provisions for 
non-sprout covered produce.
    This final rule would generate unquantified benefits stemming from 
increasing flexibility and addressing practical implementation 
challenges associated with certain agricultural water provisions in the 
produce safety regulation and quantified benefits resulting from fewer 
illnesses caused by pre-harvest agricultural water.
    Risks: In a 2019 Report, the Interagency Food Safety Analytics 
Collaboration (IFSAC) estimated that produce commodities cause 65 
percent of foodborne E. coli O157 illnesses and over 40 percent of 
foodborne Salmonella illnesses. Agricultural water can be a major 
conduit for produce contamination. This rule is intended to address the 
practical implementation challenges of certain agricultural water 
requirements, while protecting public health by setting forth standards 
to minimize the risk of serious adverse health consequences or death, 
including those reasonably necessary to prevent the introduction of 
known or reasonably foreseeable biological hazards into or onto 
produce, and provide reasonable assurances that the produce is not 
adulterated on account of those hazards.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   12/06/21  86 FR 69120

[[Page 11036]]

 
NPRM Comment Period End.............   04/05/22  .......................
Supplemental NPRM...................   07/19/22  87 FR 42973
Supplemental NPRM Comment Period End   09/19/22  .......................
Final Rule..........................   10/00/23  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Undetermined.
    Government Levels Affected: Undetermined.
    Agency Contact: Samir Assar, Supervisory Consumer Safety Officer, 
Department of Health and Human Services, Food and Drug Administration, 
Center for Food Safety and Applied Nutrition, Office of Food Safety, 
5001 Campus Drive, College Park, MD 20740, Phone: 240 402-1636, Email: 
[email protected].
    RIN: 0910-AI49

HHS--FDA

67. Tobacco Product Standard for Menthol in Cigarettes [0910-AI60]

    Priority: Economically Significant. Major under 5 U.S.C. 801.
    Unfunded Mandates: This action may affect State, local or tribal 
governments and the private sector.
    Legal Authority: 21 U.S.C. 387g; 21 U.S.C 371; 21 U.S.C 387f
    CFR Citation: Not Yet Determined.
    Legal Deadline: None.
    Abstract: This final rule is a tobacco product standard to prohibit 
the use of menthol as a characterizing flavor in cigarettes.
    Statement of Need: The Federal Food, Drug, and Cosmetic Act (FD&C 
Act), as amended by the Family Smoking Prevention and Tobacco Control 
Act (Tobacco Control Act), authorizes FDA to adopt tobacco product 
standards under section 907 if the Secretary finds that a tobacco 
product standard is appropriate for the protection of the public 
health. This product standard would prohibit menthol as a 
characterizing flavor in cigarettes. The standard would reduce the 
appeal of cigarettes, particularly to youth and young adults, and 
thereby decrease the likelihood that nonusers who would otherwise 
experiment with menthol cigarettes would progress to regular cigarette 
smoking. In addition, the tobacco product standard would improve the 
health and reduce the mortality risk of current menthol cigarette 
smokers by decreasing cigarette consumption and increasing the 
likelihood among current menthol cigarette smokers, the tobacco product 
standard is likely to improve the health of current menthol cigarette 
smokers by decreasing consumption and increasing the likelihood of 
cessation.
    Summary of Legal Basis: Section 907 of the FD&C Act authorizes the 
adoption of tobacco product standards if the Secretary finds that a 
tobacco product standard is appropriate for the protection of public 
health.
    Alternatives: In addition to the costs and benefits of the rule, 
FDA will assess the costs and benefits of extending the effective date 
of the rule, creating a process by which some products may apply for an 
exemption or variance from the product standard, and prohibiting 
menthol as an intentional additive in cigarette products rather than 
prohibiting menthol as a characterizing flavor.
    Anticipated Cost and Benefits: The rule is expected to generate 
compliance costs on affected entities, such as one-time costs to read 
and understand the rule and alter manufacturing/importing practices. 
The quantified benefits of the rule stem from improved health and 
diminished exposure to tobacco smoke for users of cigarettes from 
decreased experimentation, progression to regular use, and consumption 
of menthol cigarettes. The qualitative benefits of the rule include 
impacts such as reduced illness for smokers and non-smokers.
    Risks: None.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
ANPRM...............................   07/24/13  78 FR 44484
ANPRM Comment Period End............   09/23/13  .......................
NPRM................................   05/04/22  87 FR 26454
NPRM Comment Period Extended........   06/21/22  87 FR 36786
NPRM Comment Period End.............   07/05/22  .......................
NPRM Comment Period Extended End....   08/02/22  .......................
Final Rule..........................   08/00/23  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Small Entities Affected: Businesses.
    Government Levels Affected: Federal, Local, State, Tribal.
    Federalism: This action may have federalism implications as defined 
in E.O. 13132.
    Agency Contact: Beth Buckler, Senior Regulatory Counsel, Department 
of Health and Human Services, Food and Drug Administration, Center for 
Tobacco Products, 10903 New Hampshire Avenue, Document Control Center, 
Building 71, Room G335, Silver Spring, MD 20993, Phone: 877 287-1373, 
Email: [email protected].
    RIN: 0910-AI60

HHS--CENTERS FOR MEDICARE & MEDICAID SERVICES (CMS)

Proposed Rule Stage

68. Provider Nondiscrimination Requirements for Group Health Plans and 
Health Insurance Issuers in the Group and Individual Markets (CMS-9910) 
[0938-AU64]

    Priority: Other Significant. Major status under 5 U.S.C. 801 is 
undetermined.
    Legal Authority: Pub. L. 116-260, Division BB, title I; 42 U.S.C. 
300gg-5(a)
    CFR Citation: Not Yet Determined.
    Legal Deadline: NPRM, Statutory, January 1, 2022, Statutory 
Deadline for Issuing a Proposed Rule.
    Abstract: This proposed rule would implement section 108 of the No 
Surprises Act.
    Statement of Need: Not yet determined.
    Summary of Legal Basis: The Department of Health and Human Services 
regulations are adopted pursuant to the authority contained in sections 
2701 through 2763, 2791, 2792, 2794, 2799A-1 through 2799B-9 of the PHS 
Act (42 U.S.C. 300gg-63, 300gg-91, 300gg-92, 300gg-94, 300gg-139), as 
amended.
    Alternatives: Not yet determined.
    Anticipated Cost and Benefits: Not yet determined.
    Risks: Not yet determined.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   05/00/23  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Undetermined.
    Government Levels Affected: Federal, State.
    Federalism: Undetermined.
    Agency Contact: Lindsey Murtagh, Director, Market-Wide Regulation 
Division, Department of Health and Human Services, Centers for Medicare 
& Medicaid Services, Center for Consumer Information and Insurance 
Oversight, 7500 Security Boulevard, Baltimore, MD 21244, Phone: 301 
492-4106, Email: [email protected].
    RIN: 0938-AU64


[[Page 11037]]



HHS--CMS

69. Short-Term Limited Duration Insurance; Update (CMS-9904) [0938-
AU67]

    Priority: Economically Significant. Major under 5 U.S.C. 801.
    Legal Authority: Pub. L. 111-148, title I
    CFR Citation: 45 CFR 144; 45 CFR 146; 45 CFR 148.
    Legal Deadline: None.
    Abstract: This rule would propose amendments to the definition of 
`short-term, limited-duration insurance' under section 2791(b)(5) of 
the Public Health Service Act. The rule's proposals would be designed 
to ensure this type of coverage does not undermine the Affordable Care 
Act, including its protections for people with pre-existing conditions, 
the Health Insurance Exchanges, or the individual, small group, or 
large group markets for health insurance in the United States.
    Statement of Need: Not yet determined.
    Summary of Legal Basis: The Department of Health and Human Services 
regulations are adopted pursuant to the authority contained in sections 
2701 through 2763, 2791, 2792, 2794, 2799A-1 through 2799B-9 of the PHS 
Act (42 U.S.C. 300gg-300gg-63, 300gg-91, 300gg-92, 300gg-94, 300gg-
300gg-139), as amended.
    Alternatives: Not yet determined.
    Anticipated Cost and Benefits: Not yet determined.
    Risks: Not yet determined.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   04/00/23  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Government Levels Affected: Federal.
    Agency Contact: Lindsey Murtagh, Director, Market-Wide Regulation 
Division, Department of Health and Human Services, Centers for Medicare 
& Medicaid Services, Center for Consumer Information and Insurance 
Oversight, 7500 Security Boulevard, Baltimore, MD 21244, Phone: 301 
492-4106, Email: [email protected].
    RIN: 0938-AU67

HHS--CMS

70. Assuring Access to Medicaid Services (CMS-2442) [0938-AU68]

    Priority: Other Significant. Major status under 5 U.S.C. 801 is 
undetermined.
    Unfunded Mandates: Undetermined.
    Legal Authority: 42 U.S.C. 1302
    CFR Citation: 42 CFR 438; 42 CFR 447.
    Legal Deadline: None.
    Abstract: This rule proposes to address elements related to 
assuring access in Medicaid and/or the Children's Health Insurance 
Program (CHIP). These elements could include processes that support the 
implementation of a comprehensive access strategy as well as payment 
processes, such as those related to specific payment systems.
    Statement of Need: In order to assure equitable access to health 
care for all Medicaid and CHIP beneficiaries across all delivery 
systems, access regulations need to be multi-factorial and focus beyond 
payment rates. Barriers to accessing health care services can be as 
heterogeneous as Medicaid and CHIP populations which can be measured 
through provider availability and provider accessibility to realized or 
perceived access barriers which can be measured through utilization and 
satisfaction with services. CMS is developing a comprehensive access 
strategy that will address not only Fee-For-Service (FFS) payment, but 
also access in managed care and Home and Community-Based Services 
(HCBS).
    Summary of Legal Basis: There are no broad access requirements 
specified in the statute beyond payment: section 1902(a)(30)(A) of the 
Act requires states to ``assure that payments are consistent with 
efficiency, economy, and quality of care and are sufficient to enlist 
enough providers so that care and services are available under the plan 
at least to the extent that such care and services are available to the 
general population in the geographic area.''
    Alternatives: In developing the policies contained in this rule, we 
will consider numerous alternatives to the presented proposals, 
including maintaining existing requirements. These alternatives will be 
described in the rule.
    Anticipated Cost and Benefits: This proposed rule would be expected 
to result in potential costs for states to come into and remain in 
compliance. Estimates for associated costs are unknown at this time and 
may vary by state. Information about anticipated costs will be included 
in the proposed rule.
    Risks: Risks of the proposals in this rule are still under 
development and will be included in the published rule for comment.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   04/00/23  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Government Levels Affected: State.
    Federalism: Undetermined.
    Agency Contact: Karen Llanos, Director, Medicaid Innovation 
Accelerator Program and Strategy Support, Department of Health and 
Human Services, Centers for Medicare & Medicaid Services, Center for 
Medicaid and CHIP Services, MS: S2-04-28, 7500 Security Boulevard, 
Baltimore, MD 21244, Phone: 410 786-9071, Email: 
[email protected].
    RIN: 0938-AU68

HHS--CMS

71. Transitional Coverage for Emerging Technologies (CMS-3421) [0938-
AU86]

    Priority: Economically Significant. Major under 5 U.S.C. 801.
    Unfunded Mandates: Undetermined.
    Legal Authority: 42 U.S.C. 263a; 42 U.S.C. 405(a); 42 U.S.C. 1302; 
42 U.S.C. 1320b-12; . . .
    CFR Citation: 42 CFR 405.
    Legal Deadline: None.
    Abstract: This proposed rule would establish the criteria for an 
expedited coverage pathway to provide Medicare beneficiaries with 
faster access to innovative and beneficial technologies. This pathway 
would build off of prior initiatives, including coverage with evidence 
development. The proposed rule will meet the following principles 
previously published by CMS:
    (1) Manufacturers may enter the process on a voluntary basis. This 
process will be limited to medical devices that fall within the 
Medicare statute and that are relevant to the Medicare population.
    (2) CMS may conduct early evidence review (before the device 
secures FDA marking authorization) and discuss with the manufacturer 
the best Medicare coverage pathway, depending upon the strength of the 
evidence collected.
    (3) At the manufacturer's request, CMS may initiate the coverage 
process before FDA market authorization, which could require developing 
an additional evidence development plan and confirming that there are 
appropriate safeguards and protections for Medicare beneficiaries.
    (4) If CMS determines that further evidence development is the best 
coverage pathway, the agency would explore how to reduce the burden on 
manufactures, clinicians and patients

[[Page 11038]]

while maintaining rigorous evidence requirements.
    Statement of Need: This rule is necessary to codify the Coverage 
with Evidence Development (CED) coverage pathway in regulation and aims 
to incresase predictability, transparency, and timeliness of 
Transitional Coverage for Emerging Technologies (TCET).
    Summary of Legal Basis: This rule would be proposed under the 
authority of sections 1862(a)(1)(A) and 1862(a)(1)(E) of the Social 
Security Act.
    Alternatives: Not yet determined.
    Anticipated Cost and Benefits: Not yet determined.
    Risks: Not yet determined.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   04/00/23  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Small Entities Affected: Businesses, Governmental Jurisdictions.
    Government Levels Affected: Federal, State.
    Federalism: Undetermined.
    Agency Contact: Lori Ashby, Senior Technical Advisor, Department of 
Health and Human Services, Centers for Medicare & Medicaid Services, 
Center for Clinical Standards and Quality, MS: S3-02-01, 7500 Security 
Boulevard, Baltimore, MD 21244, Phone: 410 786-6322, Email: 
[email protected].
    RIN: 0938-AU86

HHS--CMS

72. Interoperability and Prior Authorization for MA Organizations, 
Medicaid and CHIP Managed Care and State Agencies, FFE QHP Issuers, 
MIPS Eligible Clinicians, Eligible Hospitals and CAHs (CMS-0057) [0938-
AU87]

    Priority: Economically Significant. Major under 5 U.S.C. 801.
    Legal Authority: 42 U.S.C. 1395hh
    CFR Citation: 42 CFR 422; 42 CFR 431; 42 CFR 435; 42 CFR 438; . . .
    Legal Deadline: None.
    Abstract: This proposed rule would place new requirements on 
Medicare Advantage (MA) organizations, Medicaid managed care plans, 
Children's Health Insurance Program (CHIP) managed care entities, state 
Medicaid and CHIP fee-for-service (FFS) programs, and Qualified Health 
Plan (QHP) issuers on the Federally-facilitated Exchanges (FFEs) to 
improve the electronic exchange of health care data and streamline 
processes related to prior authorization, while continuing CMS' drive 
toward interoperability, and reducing burden in the health care market. 
This proposed rule would also add a new measure for eligible hospitals 
and critical access hospitals under the Medicare Promoting 
Interoperability Program and for Merit-based Incentive Payment System 
(MIPS) eligible clinicians under the Promoting Interoperability 
performance category of MIPS. These policies taken together would play 
a key role in reducing overall payer and provider burden and improving 
patient access to health information.
    Statement of Need: The proposed changes further support CMS' 
efforts to improve the electronic exchange of healthcare data and 
streamline processes related to prior authorization, while continuing 
CMS' drive toward interoperability in the healthcare market. The 
proposals in this rule build on the foundation we laid out in the CMS 
Interoperability and Patient Access final rule to move the healthcare 
system toward increased interoperability and reduced burden by 
proposing to enhance the data sharing capabilities of impacted payers 
and providers through the use of innovative technologies. The proposals 
also empower patients by making health-related data more easily 
available through standards-based technology.
    Summary of Legal Basis: This rule addresses multiple sections of 
the Social Security Act, as well as Executive Order 13985, Advancing 
Racial Equity and Support for Underserved Communities Through the 
Federal Government.
    Alternatives: We carefully considered alternatives to the policies 
we are proposing in this rule and concluded that none of the 
alternatives would adequately or immediately begin to address the 
critical issues related to patient access to health information and 
interoperability or help to address the processes that contribute to 
payer, provider, and patient burden. Alternatives considered will be 
included in the proposed rule.
    Anticipated Cost and Benefits: We believe that the proposed 
policies, if finalized, would result in some financial burdens for 
impacted payers and providers. We have weighed these potential burdens 
against the potential benefits, and believe the potential benefits 
outweigh any potential costs. We anticipate the long-term savings to be 
significant. As we move toward publication, estimates of costs and 
benefits will be included in the proposed rule.
    Risks: Risks of the proposals in this rule are still under 
development and will be included in the published rule for comment.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   12/00/22  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Undetermined.
    Government Levels Affected: Federal, State.
    Agency Contact: Alexandra Mugge, Director & Deputy Chief Health 
Informatics Officer, Health Informatics and Interoperability Group, 
Department of Health and Human Services, Centers for Medicare & 
Medicaid Services, Office of Burden Reduction and Health Informatics, 
MS: C5-02-00, 7500 Security Boulevard, Baltimore, MD 21244, Phone: 410 
786-4457, Email: [email protected].
    RIN: 0938-AU87

HHS--CMS

73. Medicare and Medicaid Program Integrity (CMS-6084) [0938-AU90]

    Priority: Economically Significant. Major under 5 U.S.C. 801.
    Unfunded Mandates: Undetermined.
    Legal Authority: 42 U.S.C. 1302; 42 U.S.C. 1395hh
    CFR Citation: 42 CFR 400; 42 CFR 402; 42 CFR 405; 42 CFR 406; . . .
    Legal Deadline: None.
    Abstract: This proposed rule includes provisions that would promote 
payment accuracy and efficiency and help CMS identify and deter fraud, 
waste, and abuse in a timely, effective manner, enabling the Agency to 
protect the Medicare and Medicaid programs and the Children's Health 
Insurance Program (CHIP). This rule would implement portions of section 
6101(a) of the Patient Protection and Affordable Care Act (Affordable 
Care Act), which require the disclosure of certain ownership, 
managerial, and other information regarding Medicare skilled nursing 
facilities (SNFs) and Medicaid nursing facilities.
    Statement of Need: This rule is necessary to strengthen CMS's 
program integrity efforts across Medicare, Medicaid, and the CHIP and 
increase transparency and accountability.
    Summary of Legal Basis: The proposals included in this rule will 
address several sections of title XVIII of the Social Security Act.
    Alternatives: Alternatives considered will be described in the 
rule.
    Anticipated Cost and Benefits: As many of the provisions to be 
included in this rule are still under development, it is not possible 
at this time to provide cost and benefit estimates. As it is

[[Page 11039]]

developed further, such estimates will be included in the proposed 
rule.
    Risks: The proposed provisions included in this rule would address 
a number of program integrity vulnerabilities. Risks of the proposals 
are still under development and will be included in the rule.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   01/00/23  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Undetermined.
    Government Levels Affected: Federal, State.
    Federalism: Undetermined.
    Agency Contact: John Spiegel, Senior Advisor, Department of Health 
and Human Services, Centers for Medicare & Medicaid Services, Center 
for Program Integrity, MS: AR-19-15, 7500 Security Boulevard, 
Baltimore, MD 21244, Phone: 410 786-1909, Email: 
[email protected].
    RIN: 0938-AU90

HHS--CMS

74. Culturally Competent and Person-Centered Requirements To Increase 
Access to Care and Improve Quality for All (CMS-3418) [0938-AU91]

    Priority: Economically Significant. Major under 5 U.S.C. 801.
    Unfunded Mandates: Undetermined.
    Legal Authority: 42 U.S.C. 1821; 42 U.S.C 1832(a)(2)(F)(I); 42 
U.S.C. 1861(dd)(1); 42 U.S.C. 1905(a)
    CFR Citation: 42 CFR 403; 42 CFR 416; 42 CFR 418; 42 CFR 441; . . .
    Legal Deadline: None.
    Abstract: The proposed rule would establish culturally competent 
and person-centered requirements for all provider and supplier types 
that participate in Medicare and Medicaid programs. These requirements 
revise the Conditions of Participations/Conditions for Coverage (CoPss/
CfCs) pertaining to governance, patient/resident/client rights (such as 
nondiscrimination and accessibility), clinical quality standards, 
quality assessment and performance improvement, staff training, 
discharge planning, and care planning in an effort to increase quality 
and improve access to health care. These proposals also include 
additional requirements for transplant programs, organ procurement 
organizations, and end-stage renal disease facilities that would 
advance equity and reduce disparities in organ transplantation and 
organ donation.
    Statement of Need: This rule would advance health equity, increase 
access to care, improve quality of care, and reduce health disparities 
for all individuals. The proposals are in accordance with Executive 
Orders 13985, 13988, 13995, and 14301 on Advancing Racial Equity and 
Support for Underserved Communities through the Federal Government, 
Preventing and Combating Discrimination on the Basis of Gender Identity 
or Sexual Orientation, Ensuring an Equitable Pandemic Response and 
Recovery, and on Advancing Equity, Justice, and Opportunity for Asian 
Americans, Native Hawaiians, and Pacific Islanders, respectively. 
Despite the existence of Federal civil rights laws, disparities in care 
still persist. Revising the CoPs/CfCs by adding culturally competent 
and person-centered requirements will incentivize providers to address 
disparities that exist within their facilities by requiring specific 
actions or face a noncompliance determination that may affect their 
participation status in the Medicare and Medicaid programs. 
Discrimination, or even the fear of discriminatory behavior by 
healthcare providers, negatively impacts a patient's health and safety 
and health outcomes, and presents barriers to accessing quality health 
care. The establishment of culturally competent and person-centered 
requirements are a necessary step to protect an individual's health and 
safety. The provisions of this rule would help ensure that everyone has 
a fair and just opportunity to attain their optimal health regardless 
of race, ethnicity, disability, sexual orientation, gender identity, 
socioeconomic status, geography, preferred language, or other factors 
that affect access to care and health outcomes. Further, culturally 
competent and person-centered focused health and safety requirements 
could lead to improved access to care, improved quality of care, and 
better health outcomes for all.
    Summary of Legal Basis: The statutory authority to revise the 
health and safety standards for Medicare and Medicaid participating 
providers and suppliers is contained within Section 1102 (42 U.S.C. 
1302) of the Social Security Act. In addition, this rule revises the 
health and safety regulations to advance health equity and reduce 
disparities for all individuals in accordance with Executive Orders 
13985, 13988, 13995, and 14301 on Advancing Racial Equity and Support 
for Underserved Communities through the Federal Government, Preventing 
and Combating Discrimination on the Basis of Gender Identity or Sexual 
Orientation, Ensuring an Equitable Pandemic Response and Recovery, and 
on Advancing Equity, Justice, and Opportunity for Asian Americans, 
Native Hawaiians, and Pacific Islanders, respectively.
    Alternatives: In developing the policies contained in this rule, we 
considered numerous alternatives to the presented proposal. These 
alternatives will be included in the proposed rule.
    Anticipated Cost and Benefits: The provisions in this rule aim to 
advance health equity, increase access to care, improve quality of 
care, and reduce health disparities for all individuals. This 
regulation will ultimately remove barriers to access health care, 
ensure that all individuals have equitable care, and improve quality of 
care for all. As we move toward publication, estimates of the cost and 
benefits of these provisions will be included in the rule.
    Risks: This action furthers the goals of the Executive Orders on 
Advancing Racial Equity and Support for Underserved Communities Through 
the Federal Government (E.O. 13985), Executive Order on Preventing and 
Combating Discrimination on the Basis of Gender Identity or Sexual 
Orientation (E.O. 13988), Executive Order on Ensuring an Equitable 
Pandemic Response and Recovery (E.O. 13995), and Executive Order on 
Advancing Equity, Justice, and Opportunity for Asian Americans, Native 
Hawaiians, and Pacific Islanders (E.O. 14301). While there may be some 
risks associated with an increased burden on providers as a result of 
these regulations, we believe benefits related to addressing the 
challenges that historically underserved populations (those that have 
been subject to racism, discrimination, or systemic disadvantage) face 
when accessing and receiving care from a health care organization, 
would far outweigh any risks.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   03/00/23  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Government Levels Affected: Federal, State.
    Agency Contact: Alpha-Banu Wilson, Health Insurance Specialist, 
Department of Health and Human Services, Centers for Medicare & 
Medicaid Services, Center for Clinical Standards and Quality, MS: S3-
02-01, 7500 Security Boulevard, Baltimore, MD 21244, Phone: 410 786-
8687, Email: [email protected].
    RIN: 0938-AU91


[[Page 11040]]



HHS--CMS

75. Mental Health Parity and Addiction Equity Act and the Consolidated 
Appropriations Act, 2021 (CMS-9902) [0938-AU93]

    Priority: Other Significant.
    Legal Authority: Pub. L. 116-260, Division BB, title II; Pub. L. 
110-343, secs. 511 to 512
    CFR Citation: Not Yet Determined.
    Legal Deadline: None.
    Abstract: This rule would propose amendments to the final rules 
implementing the Mental Health Parity and Addiction Equity Act. The 
amendments would clarify plans' and issuers' obligations under the law, 
promote compliance with MHPAEA, and update requirements taking into 
account experience with MHPAEA in the years since the rules were 
finalized as well as amendments to the law recently enacted as part of 
the Consolidated Appropriations Act, 2021.
    Statement of Need: There have been a number of legislative 
enactments related to MHPAEA since issuance of the 2014 final rules, 
including the 21st Century Cures Act, the Support Act, and the 
Consolidated Appropriations Act, 2021. This rule would propose 
amendments to the final rules and incorporate examples and 
modifications to account for this legislation and previously issued 
guidance.
    Summary of Legal Basis: The Department of Health and Human Services 
regulations are adopted pursuant to the authority contained in sections 
2701 through 2763, 2791, 2792, 2794, 2799A-1 through 2799B-9 of the PHS 
Act (42 U.S.C. 300gg-63, 300gg-91, 300gg-92, 300gg-94, 300gg-139), as 
amended.
    Alternatives: Not yet determined.
    Anticipated Cost and Benefits: Not yet determined.
    Risks: Not yet determined.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   12/00/22  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Undetermined.
    Government Levels Affected: Federal, State.
    Federalism: This action may have federalism implications as defined 
in E.O. 13132.
    Agency Contact: Lindsey Murtagh, Director, Market-Wide Regulation 
Division, Department of Health and Human Services, Centers for Medicare 
& Medicaid Services, Center for Consumer Information and Insurance 
Oversight, 7500 Security Boulevard, Baltimore, MD 21244, Phone: 301 
492-4106, Email: [email protected].
    RIN: 0938-AU93

HHS--CMS

76. Coverage of Certain Preventive Services Under the Affordable Care 
Act (CMS-9903) [0938-AU94]

    Priority: Other Significant.
    Legal Authority: Pub. L. 111-148, sec. 1001
    CFR Citation: 45 CFR 147; 45 CFR 156.
    Legal Deadline: None.
    Abstract: This rule would propose amendments to the final rules 
regarding religious and moral exemptions and accommodations regarding 
coverage of certain preventive services under title I of the Patient 
Protection and Affordable Care Act.
    Statement of Need: Not yet determined.
    Summary of Legal Basis: The Department of Health and Human Services 
regulations are adopted pursuant to the authority contained in sections 
2701 through 2763, 2791, 2792, 2794, 2799A-1 through 2799B-9 of the PHS 
Act (42 U.S.C. 300gg-63, 300gg-91, 300gg-92, 300gg-94, 300gg-139), as 
amended.
    Alternatives: Not yet determined.
    Anticipated Cost and Benefits: Not yet determined.
    Risks: Not yet determined.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   12/00/22  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Government Levels Affected: Federal, Local, State.
    Agency Contact: Lindsey Murtagh, Director, Market-Wide Regulation 
Division, Department of Health and Human Services, Centers for Medicare 
& Medicaid Services, Center for Consumer Information and Insurance 
Oversight, 7500 Security Boulevard, Baltimore, MD 21244, Phone: 301 
492-4106, Email: [email protected].
    RIN: 0938-AU94

HHS--CMS

77. Contract Year 2024 Changes to the Medicare Advantage, Medicare 
Prescription Drug Benefit, Medicare Cost Plan Programs, Medicare 
Overpayment Provisions of the Affordable Care Act, and PACE (CMS-4201) 
[0938-AU96]

    Priority: Economically Significant. Major under 5 U.S.C. 801.
    Legal Authority: Pub. L. 115-271
    CFR Citation: 42 CFR 422; 42 CFR 423.
    Legal Deadline: None.
    Abstract: This proposed rule would implement changes to strengthen 
and improve the Medicare Advantage (Part C) and prescription drug (Part 
D) programs. It also proposes changes to the Medicare Cost Plan 
Program, Medicare Parts A, B, C, and D Overpayment Provisions of the 
Affordable Care Act, and Programs of All-Inclusive Care (PACE).
    Statement of Need: This rule is necessary to make revisions to the 
Medicare Advantage (Part C), Medicare Prescription Drug Benefit (Part 
D), and PACE regulations to implement changes related to Star Ratings, 
medication therapy management, marketing and communications, health 
equity, provider directories, prior authorization, passive enrollment, 
network adequacy, identification of overpayments, formulary changes, 
and other programmatic areas. This proposed rule would also codify 
regulations implementing Section 118 of the Consolidated Appropriations 
Act of 2021 and includes a large number of provisions that would codify 
existing sub-regulatory guidance in the Part C, Part D, and PACE 
programs. This proposed rule would also amend the existing regulations 
for Medicare Parts A, B, C, and D regarding the standard for an 
identified overpayment.
    Summary of Legal Basis: This rule addresses multiple sections of 
the Social Security Act, the Bipartisan Budget Act of 2018, the 
Substance Use-Disorder Prevention that Promotes Opioid Recovery and 
Treatment for Patients and Communities (SUPPORT) Act, and the 
Consolidated Appropriations Act of 2021.
    Alternatives: This rule implements provisions that require public 
notice and comment and are necessary for the upcoming contract year. We 
continue to explore alternatives as we develop the rule.
    Anticipated Cost and Benefits: As we move toward publication, 
estimates of costs and benefits will be included in the proposed rule.

[[Page 11041]]

    Risks: Risks of the proposals in this rule are still under 
development and will be included in the published rule for comment.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   12/00/22  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Undetermined.
    Government Levels Affected: None.
    Agency Contact: Christian Bauer, Director, Division of Part D 
Policy, Department of Health and Human Services, Centers for Medicare & 
Medicaid Services, Center for Medicare, MS: C1-26-16, 7500 Security 
Boulevard, Baltimore, MD 21244, Phone: 410 786-6043, Email: 
[email protected].
    Related RIN: Related to 0938-AV01
    RIN: 0938-AU96

HHS--CMS

78.  FY 2024 Skilled Nursing Facility (SNFs) Prospective 
Payment System and Consolidated Billing and Updates to the Value-Based 
Purchasing and Quality Reporting Programs (CMS-1779) [0938-AV02]

    Priority: Economically Significant. Major under 5 U.S.C. 801.
    Unfunded Mandates: Undetermined.
    Legal Authority: 42 U.S.C 1395hh; 42 U.S.C. 1302
    CFR Citation: 42 CFR 413.
    Legal Deadline: Final, Statutory, October 1, 2023, By statute, rule 
must be effective by October 1 annually.
    Abstract: This annual proposed rule would update the payment rates 
used under the prospective payment system for SNFs for fiscal year 
2024. The rule also includes proposals for the SNF Quality Reporting 
Program (QRP) and for the Skilled Nursing Facility Value-Based 
Purchasing (VBP) Program that will affect Medicare payment to SNFs. In 
addition, this rule also proposes to establish new minimum staffing 
requirements that facilities must meet to ensure safe and quality care.
    Statement of Need: This proposed rule would update the SNF 
prospective payment rates as required under the Social Security Act 
(the Act). The Act requires the Secretary to provide, before the August 
1 that precedes the start of each FY, the unadjusted Federal per diem 
rates, the case-mix classification system, and the factors to be 
applied in making the area wage adjustment.
    Summary of Legal Basis: In accordance with sections 
1888(e)(4)(E)(ii)(IV) and 1888(e)(5) of the Act, the Federal rates in 
this proposed rule would reflect an update to the rates that we 
published in the SNF PPS final rule for FY 2023. These changes would be 
applicable to services furnished on or after October 1, 2023.
    Alternatives: None. This is a statutory requirement.
    Anticipated Cost and Benefits: Total expenditures will be adjusted 
for FY 2024.
    Risks: None. The rule is necessary for SNF services to be paid 
appropriately.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   04/00/23  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Undetermined.
    Government Levels Affected: Undetermined.
    Federalism: Undetermined.
    Agency Contact: Tammy Luo, Health Insurance Specialist, Department 
of Health and Human Services, Centers for Medicare & Medicaid Services, 
Center for Medicare, MS: C5-06-17, 7500 Security Boulevard, Baltimore, 
MD 21244, Phone: 410 786-4325, Email: [email protected].
    RIN: 0938-AV02

HHS--CMS

Final Rule Stage

79. Streamlining the Medicaid and CHIP Application, Eligibility 
Determination, Enrollment, and Renewal Processes (CMS-2421) [0938-AU00]

    Priority: Economically Significant. Major under 5 U.S.C. 801.
    Legal Authority: 42 U.S.C. 1302
    CFR Citation: 42 CFR 431; 42 CFR 435; 42 CFR 457.
    Legal Deadline: None.
    Abstract: This final rule streamlines eligibility and enrollment 
processes for all Medicaid and Children's Health Insurance Program 
(CHIP) populations and creates new enrollment pathways to maximize 
enrollment and retention of eligible individuals.
    Statement of Need: Since the implementation of the Affordable Care 
Act (ACA), CMS has made improvements in streamlining the Medicaid and 
CHIP application, eligibility determination, enrollment, and renewal 
processes. Simplifying enrollment in Medicaid and CHIP coverage is a 
foundational step in efforts to address health disparities for low-
income individuals. However, gaps remain in States' ability to 
seamlessly process beneficiaries' eligibility and enrollment in order 
to maximize coverage. This rule will provide States with the tools they 
need to reduce unnecessary barriers to enrollment in Medicaid and CHIP 
and to keep eligible beneficiaries covered.
    Summary of Legal Basis: This rule responds to the January 28, 2021, 
Executive Order on Strengthening Medicaid and the Affordable Care Act. 
It addresses components of title XIX and title XXI of the Social 
Security Act and several sections of the Patient Protection and 
Affordable Care Act (Pub. L. 111-148) and the Health Care and Education 
Reconciliation Act of 2010 (Pub. L. 111-152), which amended and revised 
several provisions of the Patient Protection and Affordable Care Act.
    Alternatives: In developing the policies contained in this rule, we 
considered numerous alternatives to the presented proposals, including 
maintaining existing requirements. These alternatives will be described 
in the rule.
    Anticipated Cost and Benefits: The provisions in this rule will 
streamline Medicaid and CHIP enrollment processes and ensure that 
eligible beneficiaries can maintain coverage. While states and the 
Federal Government may incur some initial costs to implement these 
changes, this rule aims to reduce administrative barriers to 
enrollment, which is expected to reduce administrative costs over time. 
The provisions in this rule are designed to increase access to 
affordable health coverage, and we believe that the benefits will 
justify any costs. Additionally, through clear and consistent 
requirements for the timely renewal of eligibility for all 
beneficiaries, this rule promotes program integrity, thereby protecting 
taxpayer funds at both the state and federal levels. As we move toward 
publication, estimates of the cost and benefits of these provisions 
will be included in the rule.
    Risks: We anticipate that the provisions of this rule will further 
the administration's goal of strengthening Medicaid and making high-
quality health care accessible and affordable for every American. At 
the same time, through clear and consistent requirements for conducting 
regular renewals of eligibility, acting on changes reported by 
beneficiaries and maintaining thorough recordkeeping on these 
activities, this rule will reduce the risk of improper payments.
    Timetable:

[[Page 11042]]



------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   09/07/22  87 FR 54760
NPRM Comment Period End.............   11/07/22  .......................
Final Action........................   11/00/23  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Government Levels Affected: Local, State.
    Agency Contact: Sarah Delone, Deputy Director, Children and Adults 
Health Programs Group, Department of Health and Human Services, Centers 
for Medicare & Medicaid Services, Center for Medicaid and CHIP 
Services, MS: S2-01-16, 7500 Security Boulevard, Baltimore, MD 21244, 
Phone: 410 786-5647, Email: [email protected].
    RIN: 0938-AU00

HHS--ADMINISTRATION FOR CHILDREN AND FAMILIES (ACF)

    Proposed Rule Stage

80. Foster Care Legal Representation [0970-AC89]

    Priority: Economically Significant. Major under 5 U.S.C. 801.
    Legal Authority: sec. 474(a)(3) of the Social Security Act; sec. 
1102 of the Social Security Act
    CFR Citation: 45 CFR 1356.60(c).
    Legal Deadline: None.
    Abstract: This regulation proposes to allow a title IV-E agency to 
claim Federal financial participation for the administrative cost of 
providing independent legal representation to a child who is either a 
candidate for foster care or in foster care, and his/her parent to 
prepare for and participate in judicial determinations in foster care 
and other related civil legal proceedings.
    Statement of Need: Allowing title IV-E agencies to claim Federal 
reimbursement for independent legal representation in legal proceedings 
that are necessary to carry out the requirements in the agency's title 
IV-E plan, including civil proceedings, may help prevent the need to 
remove a child from the home or, for a child in foster care, achieve 
permanency faster. Research demonstrates that some of the circumstances 
bringing families into contact with the child welfare system (poverty, 
educational neglect, inadequate housing, failure to provide adequate 
nutrition, and failure to safeguard mental health due to domestic 
violence) can be addressed before a child enters foster care by 
providing legal representation early in foster care legal proceedings 
and in civil legal matters. When children are removed from the home, 
studies show having access to legal representation for civil legal 
issues earlier in a case can improve the rate of reunification, nearly 
double the speed to legal guardianship or adoption, and result in more 
permanent outcomes for children and families.
    Summary of Legal Basis: Section 474(a)(3) of the Act authorizes 
Federal reimbursement for title IV-E administrative costs, which are 
defined as costs found necessary by the Secretary for the provision of 
child placement services and for the proper and efficient 
administration of the State [title IV-E] plan. Section 1102 of the Act 
authorizes the Secretary to publish regulations, not inconsistent with 
the Act, as may be necessary for the efficient administration of the 
functions with which the Secretary is responsible under the Act.
    Alternatives: If this NPRM is not published, agencies may only 
continue to claim FFP for administrative costs of independent legal 
representation provided by attorneys representing children in title IV-
E foster care, children who are candidates for title IV-E foster care, 
and the child's parents in all stages of foster care legal proceedings, 
but not in other civil proceedings (See Child Welfare Policy Manual 
(CWPM) 8.1B #30, 31 and 32).
    Anticipated Cost and Benefits: This final rule impacts state and 
tribal title IV-E (child welfare) agencies. ACF estimates that the 
proposed regulatory change would cost the federal government $2,731 
billion in FFP over 10 years. This proposal does not impose a burden or 
cost on the title IV-E agency. The title IV-E agency has discretion to 
provide allowable independent legal representation to families.
    Risks: None.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   01/00/23  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Small Entities Affected: No.
    Government Levels Affected: None.
    Agency Contact: Kathleen McHugh, Director, Division of Policy, 
Children's Bureau, ACYF/ACF/HHS, Department of Health and Human 
Services, Administration for Children and Families, 330 C Street SW, 
Room 3411, Washington, DC 20201, Phone: 202 401-5789, Fax: 202 205-
8221, Email: [email protected].
    RIN: 0970-AC89

HHS--ACF

81. Separate Licensing Standards for Relative or Kinship Foster Family 
Homes [0970-AC91]

    Priority: Other Significant.
    Legal Authority: 42 U.S.C. 620 et seq.; 42 U.S.C. 670 et seq.; 42 
U.S.C. 1302
    CFR Citation: 45 CFR 1355.20.
    Legal Deadline: None.
    Abstract: This regulation proposes to allow title IV-E agencies to 
adopt separate licensing standards for relative or kinship foster 
family homes.
    Statement of Need: Currently, the regulation provides that in order 
to claim title IV-E, all foster family homes must meet the same 
licensing standards, regardless of whether the foster family home is a 
relative or non-relative placement. This Notice of Proposed Rulemaking 
(NPRM) allows a title IV-E agency to adopt licensing or approval 
standards for all relative foster family homes that are different from 
the licensing standards used for non-related foster family homes.
    Summary of Legal Basis: This NPRM is published under the authority 
granted to the Secretary of Health and Human Services by section 1102 
of the Social Security Act (Act), 42 U.S.C. 1302. Section 1102 of the 
Act authorizes the Secretary to publish regulations, not inconsistent 
with the Act, as may be necessary for the efficient administration of 
the functions for which the Secretary is responsible pursuant to the 
Act. Section 472 of the Act authorizes federal reimbursement for a FCMP 
for an otherwise eligible child when the child is placed in a fully 
licensed or approved foster family home.
    Alternatives: There are no satisfactory alternatives to publishing 
this NPRM. This change cannot be made in sub-regulatory guidance.
    Anticipated Cost and Benefits: This NPRM impacts state and tribal 
title IV-E agencies and does not impose a burden. The title IV-E agency 
has discretion to develop separate licensing standards for relatives 
and non-relatives and if they do so, they may claim title IV-E funding. 
ACF estimates that the proposed regulatory change would cost the 
Federal Government $3.085 billion in title IV-E foster care federal 
financial participation over 10 years.
    Risks: None.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   01/00/23  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.

[[Page 11043]]

    Small Entities Affected: No.
    Government Levels Affected: None.
    Agency Contact: Kathleen McHugh, Director, Division of Policy, 
Children's Bureau, ACYF/ACF/HHS, Department of Health and Human 
Services, Administration for Children and Families, 330 C Street SW, 
Room 3411, Washington, DC 20201, Phone: 202 401-5789, Fax: 202 205-
8221, Email: [email protected].
    RIN: 0970-AC91

HHS--ACF

82. Unaccompanied Children Program Foundational Rule [0970-AC93]

    Priority: Other Significant.
    Legal Authority: sec. 462 of the Homeland Security Act (6 U.S.C. 
279)
    CFR Citation: 45 CFR 410.
    Legal Deadline: None.
    Abstract: This rule would establish the regulatory framework for a 
variety of activities currently conducted by the Office of Refugee 
Resettlement's Unaccompanied Children (UC) Program. The rule would 
target activities currently mandated under the Flores Settlement 
Agreement (FSA), and it would further strengthen and codify additional 
protections and service provisions for unaccompanied children.
    Statement of Need: Historically, the UC Program has operated 
largely without authorizing regulations enacted under the 
Administrative Procedures Act or subject to notice-and-comment 
rulemaking. Instead, virtually all ORR policies and procedures are 
contained in an ORR Policy Guide, and more recently, official ORR Field 
Guidance.
    The UC Program is currently subject to the FSA, a consent decree 
which was first agreed to on January 28, 1997, in the United States 
District Court for the Central District of California. The court 
continues to supervise the agreement, which, based on a subsequent 
amendment, cannot terminate until 45 days after the agency publishes 
rules implementing the agreement.
    At this time, ORR seeks to promulgate a new UC Program Foundational 
Rule, which will govern ORR activities that are currently governed by 
the FSA along with the federal statutes concerning the UC program, and 
address additional areas not contemplated in 1997 when the FSA was 
instituted.
    It is important to note that this rule will codify new and vital 
protections for all children in ORR care, most of which currently are 
only provided in ORR policies and procedures. Upon promulgation of the 
final UC Program Foundational Rule, ORR will seek to terminate the FSA. 
The long-term goal is for ORR to codify FSA requirements and provide 
programmatic enhancements that will result in better and more durable 
protections for all children in ORR care, including greater 
transparency of ORR policies.
    Summary of Legal Basis: ORR has broad statutory authority 
concerning the care and custody of UC through the Homeland Security Act 
of 2002 (HSA), 6 U.S.C. 279, and the William Wilberforce Trafficking 
Victims Protection Reauthorization Act of 2008 (TVPRA), 8 U.S.C. 1232.
    Alternatives: The agency could choose to not issue regulations and 
continue to be governed by the FSA. However, as noted above, although 
the FSA provides important protections, it was never intended to 
permanently govern the program, and regulations are needed to codify 
enhancements that will result in better and more durable protections 
for all children in ORR care.
    Anticipated Cost and Benefits: ORR anticipates new costs associated 
with this rule particularly those associated with staffing increases 
(e.g., related to administrative hearings as part of due process 
protections) and will work to estimate the costs based on updated 
staffing requirements, costs associated with promulgation of the 
federal rule, and any other associated costs.
    Risks: No programmatic risks are anticipated.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   05/00/23  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Undetermined.
    Small Entities Affected: Businesses, Organizations.
    Government Levels Affected: None.
    Agency Contact: Toby Biswas, Senior Supervisory Policy Counsel, 
Department of Health and Human Services, Administration for Children 
and Families, 330 C Street SW, Washington, DC 20201, Phone: 202 555-
4440, Email: [email protected].
    RIN: 0970-AC93

HHS--ACF

83. Federal Licensing of Office of Refugee Resettlement Facilities 
[0970-AC94]

    Priority: Other Significant.
    Legal Authority: sec. 462 of the Homeland Security Act (6 U.S.C. 
279)
    CFR Citation: 45 CFR 412.
    Legal Deadline: None.
    Abstract: This rule would provide the regulatory framework for new 
Federal licensing of shelter care providers for unaccompanied children. 
This framework would be used when State governments do not provide 
State licensing for such providers under certain circumstances. The new 
office created to manage the Federal licensing will be proposed to be 
located within the Administration for Children and Families, but not 
within the Office of Refugee Resettlement.
    Statement of Need: ORR's Unaccompanied Children (UC) Program is 
responsible for the administration of childcare shelters that provide 
care to UC arriving in the United States, prior to being placed with 
vetted sponsors. As of December 2021, ORR supports over 250 licensed 
care provider shelters in 25 states under approximately 150 separate 
grants between ORR and its network of care providers.
    In addition, the Flores Settlement Agreement (FSA) generally 
requires that UC be placed in a state-licensed shelters subject to 
certain exceptions and expresses a specific preference for placements 
in geographic locations in which a majority of children are 
apprehended. Critically, none of ORR's authorizing statutes mandate 
placement in state-licensed shelters.
    ORR has cultivated a large network of state-licensed shelters and 
developed close, cooperative relationships with many of the partner 
states that oversee and enforce their own licensing processes for ORR 
care providers. Accordingly, ORR has not attempted to fulfill all of 
the functions of, nor provide the services typically performed by, 
state agencies involved in the licensure and oversight of child care 
facilities with respect to compliance with state licensing 
requirements, such as conducting facility inspections, facilitating and 
processing background checks, and investigating child abuse/neglect 
allegations.
    Recent actions by Texas and Florida to restrict or exempt from 
state licensure of ORR UC care provider facilities have required ORR to 
re-evaluate how to continue providing care for UC consistent with the 
FSA's expectation that children be placed in state-licensed shelters in 
those states, which represent a significant proportion of ORR's overall 
UC bed space. ACF has determined that the HSA's and TVPRA's broad grant 
of authority to ORR to manage the care and custody of UC authorizes the 
Department of Health and Human Services (HHS) to federally license 
shelters that house UC where states abdicate their traditional 
licensing responsibilities. This authority has been further delegated 
to ACF. ACF believes this change is necessary because

[[Page 11044]]

additional states have recently taken steps to sever ORR grantees' 
access to state licensure through executive action. ACF has determined 
that implementing federal licensure in these states can substantively 
address concerns underlying the FSA's requirement that UC shelters be 
state licensed (e.g. establishment and monitoring of facility standards 
not addressed by ORR policies, by authorities that are independent of 
ORR).
    To continue serving UC and maintain quality of care in states that 
have restricted the availability of licensure to UC care providers, ORR 
has determined that the most effective response is for HHS, through 
ACF, to develop federal licensing standards for its care provider 
facilities under certain circumstances.
    ORR will propose that this function be carried out by the proposed 
Office of Residential Licensure for Unaccompanied Children (ORLUC), to 
sit within ACF but independent of ORR. That office would oversee the 
issuance of licensing standards, implement monitoring, and oversee 
associated processes including federal license revocations.
    Summary of Legal Basis: ORR has broad statutory authority 
concerning the care and custody of UC through the Homeland Security Act 
of 2002 (HSA), 6 U.S.C. 279, and the William Wilberforce Trafficking 
Victims Protection Reauthorization Act of 2008 (TVPRA), 8 U.S.C. 1232.
    Alternatives: If this rule is not issued, ACF will lack the legal 
authority to issue licenses and enforce licensing requirements in 
states that have acted to restrict the availability of licensure to 
organizations funded by ORR to carry out the UC program. This would 
limit ACF's ability to ensure the safety and well-being of children in 
its care, and to comply with the intent of the FSA.
    Anticipated Cost and Benefits: The proposed regulations would 
result in costs to federal licensees, prospective federal licensees, 
ORR, and to ACF in implementing the proposed federal licensure program. 
Based on ACF's analysis, costs associated with the proposed regulations 
range from approximately $153 to $220 per licensee for submitting 
licensure applications and corrective action plans, as necessary. In 
addition, ACF conducted a regulatory impact analysis to assess costs 
associated with other requirements in the proposed rule such as 
updating policy and/or training staff, hiring additional staff, and 
implementing facility changes. At this time, ACF lacks the ability to 
estimate the potential costs specific to potentially affected care 
providers, especially with regard to changes to facilities. Therefore, 
ACF is required to make assumptions general to all prospective federal 
licensees in implementing any necessary changes. On average, ACF 
estimates that updates to affected facility policies or staff training 
will cost licensees between $17.32 and $34.68 per childcare worker. 
Should a federal licensee need to hire additional staff in order to 
come into compliance with federal licensure standards, ACF estimates 
the average cost to be $36,361 per year per worker.
    The proposed rule would also result in associated federal costs of 
the establishment and operation of ORLUC. Based on ACF's analysis, the 
federal costs associated with the proposed regulations would be 
approximately $6.4 million in the first fiscal year once they are 
finalized. ACF also notes that many potential federal licensees 
discussed in this proposed rule are ACF grantees and the costs of 
maintaining compliance with licensing requirements are allowable costs 
to grant awards under the Basic Considerations for cost provisions at 
45 CFR part 75, sections 403 through 405, if that the costs are 
reasonable, necessary, ordinary, treated consistently, and are 
allocable to the award. Additional costs associated with the policies 
discussed in this proposed rule that were not budgeted, and cannot be 
absorbed within existing budgets, would be allowable for the grant 
recipient to submit a request for supplemental funds to cover the 
costs, and may therefore result in additional federal costs.
    Risks: No programmatic risks are anticipated.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   05/00/23  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Undetermined.
    Small Entities Affected: Businesses, Organizations.
    Government Levels Affected: None.
    Agency Contact: Toby Biswas, Senior Supervisory Policy Counsel, 
Department of Health and Human Services, Administration for Children 
and Families, 330 C Street SW, Washington, DC 20201, Phone: 202 555-
4440, Email: [email protected].
    RIN: 0970-AC94

HHS--ACF

84.  Strengthening TANF as a Safety Net and Work Program [0970-
AC97]

    Priority: Other Significant.
    Legal Authority: 42 U.S.C. 609
    CFR Citation: 45 CFR 260.
    Legal Deadline: None.
    Abstract: This rule would strengthen the Temporary Assistance for 
Needy Families (TANF) program as a safety net and a work preparation 
program, make changes to allowable uses of TANF funds, improve work 
program effectiveness, and reduce administrative burden. The rule 
responds to the President's Executive Order on Advancing Racial Equity 
and Support for Underserved Communities Through the Federal Government, 
as well as the Biden-Harris Administration's priority to build a bridge 
towards economic recovery. The rule aims to increase support for 
families with the greatest needs and the services most integral to the 
safety net, including cash assistance, and help to reduce racial 
inequities across states. Additionally, the rule aims to help states to 
tailor effective workforce services to the needs of each family and 
reduce administrative burden.
    Statement of Need: In fiscal year (FY) 2020, combined federal TANF 
and state maintenance-of-effort (MOE) expenditures and transfers 
totaled $31.6 billion. Of that amount only 22 percent was spent on 
basic assistance, compared to 71 percent in FY 1997. As a result, TANF 
currently serves less than 25 percent of eligible families across the 
country, as compared to 1997 when TANF served almost 70 percent of 
eligible families. States in which the lowest proportion of families in 
poverty receive cash benefits also have proportionally larger shares of 
Black and Latinx children. The rule aims to address these shortcomings 
and would align with the Administration's efforts to address equity, 
focus on upstream preventions, and increase opportunities for economic 
mobility for low-income families. The NPRM may consider changes around 
use of funds, eligible families, state MOE spending, and work 
flexibilities.
    Summary of Legal Basis: The proposed regulations will relate to 
allowable spending, eligible work activities and penalties, and 
administrative simplification. The NPRM would be issued under the 
Secretary's authority to issue regulations where Congress has charged 
the Department with enforcing penalties, 42 U.S.C. 609.
    Alternatives: Without these regulatory changes around allowable 
uses of funds, states will continue to underinvest in services most 
integral to the safety net, including cash assistance, and supports for 
families with the greatest needs. Without regulatory changes to improve 
work program effectiveness, states will

[[Page 11045]]

have less flexibility to tailor employment and training services to the 
needs of each family. Lastly, in the absence of these regulatory 
changes, states will not experience any relief in their administrative 
burden to operate the TANF program.
    Anticipated Cost and Benefits: This NPRM imposes no costs on the 
federal government nor does it change overall funding amounts or 
spending requirements for states, territories, and tribes, as TANF is a 
fixed block grant. We anticipate a benefit in the transfer of funding 
toward critical supports to families experiencing economic hardships.
    Risks: While we expect more low-income families to receive TANF 
benefits and receive more effective work-related services, this action 
may result in states having to increase their own spending to fund 
activities previously funded by federal TANF dollars or previously 
counted as state MOE spending.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   04/00/23  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Small Entities Affected: No.
    Government Levels Affected: None.
    Agency Contact: Deborah List, Associate Deputy Director, Office of 
Family Assistance, Department of Health and Human Services, 
Administration for Children and Families, 330 C Street SW, Washington, 
DC 20201, Phone: 202 401-5488, Email: [email protected].
    RIN: 0970-AC97

HHS--ACF

85.  Adoption and Foster Care Analysis and Reporting System 
(AFCARS) [0970-AC98]

    Priority: Other Significant. Major status under 5 U.S.C. 801 is 
undetermined.
    Legal Authority: 42 U.S.C. 679
    CFR Citation: 45 CFR 1355.41 et seq.
    Legal Deadline: None.
    Abstract: To ensure equitable treatment of all children and youth 
in child welfare, including Native American and LGBTQ+ children and 
youth, this rule will propose to require title IV-E agencies to collect 
and report for AFCARS additional information related to youth, foster 
parents, adoptive parents, and legal guardians. AFCARS data is used for 
planning, technical assistance, discretionary service grants, and 
research and evaluation, all with the goal of reducing entry into and 
improving outcomes of children in foster care.
    Statement of Need: This NPRM is consistent with the 
Administration's priority of advancing equity for those historically 
underserved and adversely affected by persistent poverty and 
inequality. Native and LGBTQI+ children are over-represented 
populations in the child welfare system; however, the experiences of 
LGBTQI+ children in foster care and Native children are not fully 
captured in current child welfare data systems. As such, adding sexual 
orientation and ICWA data elements removed from the 2020 rule would 
make the experiences of these children more visible and may provide 
better insight into the trajectory of LGBTQI+ and Native children in 
foster care. It will also provide avenues for collaboration between 
states and tribes, in areas such as technical assistance, training and 
resource allocation that would be informed by the additional ICWA data 
elements. We anticipate that this is a critical step in addressing the 
needs of this population, and also will assist title IV-E agencies in 
recruiting and training foster care providers in meeting the needs of 
these youth. We will also consider potentially adding other elements 
that were removed by a May 2020 AFCARS Final Rule, such as health and 
education data.
    Summary of Legal Basis: AFCARS is authorized by section 479 of the 
Social Security Act (the Act), which mandates that the Department of 
Health and Human Services (HHS) regulate a data collection system for 
national adoption and foster care data. Section 474(f) of the Act 
requires HHS to impose penalties for non-compliant AFCARS data. Section 
1102 of the Act authorizes the Secretary to publish regulations, not 
inconsistent with the Act, as may be necessary for the efficient 
administration of the functions with which the Secretary is responsible 
under the Act.
    Alternatives: If this NPRM is not published, title IV-E agencies 
are required to report to AFCARS (beginning 10/1/22 under the 2020 
final rule) related to ICWA: the child's tribal membership and name of 
Tribe; tribal membership for the child's the parents, foster parents, 
adoptive parents, and legal guardians; whether the state made inquiries 
if the child is an Indian child as defined in ICWA; whether ICWA 
applies for the child and if yes, the date that the state was notified 
by the Indian tribe or state or tribal court that ICWA applies; and 
whether the child's tribe(s) was sent legal notice. Title IV-E agencies 
are not required to report on sexual orientation in AFCARS currently.
    Anticipated Cost and Benefits: There will be new state/tribe and 
federal costs associated with requiring title IV-E agencies to report 
additional AFCARS data elements, and the cost is contingent on the 
scope of the NPRM.
    Risks: None.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   06/00/23  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Small Entities Affected: No.
    Government Levels Affected: Local, State.
    Agency Contact: Kathleen McHugh, Director, Division of Policy, 
Children's Bureau, ACYF/ACF/HHS, Department of Health and Human 
Services, Administration for Children and Families, 330 C Street SW, 
Room 3411, Washington, DC 20201, Phone: 202 401-5789, Fax: 202 205-
8221, Email: [email protected].
    RIN: 0970-AC98

HHS--ACF

86.  Modification of the Tribal Non-Federal Share Requirement 
[0970-AC99]

    Priority: Other Significant.
    Legal Authority: 42 U.S.C. 1302; 42 U.S.C. 655(f)
    CFR Citation: 45 CFR 309; 45 CFR 310.
    Legal Deadline: None.
    Abstract: This rule would modify the non-Federal share of program 
expenditures requirement, including the 90/10 and 80/20 cost sharing 
rates, for Tribal child support enforcement programs.
    Statement of Need: The requirement to provide the non-Federal share 
of program expenditures has been a longstanding issue for Tribal child 
support enforcement programs. It limits growth, causes disruptions, and 
creates instability. Modifying the non-Federal share requirement 
prevents existing Tribal child support enforcement programs from 
closing. It implements guidance provided by the Secretary that the 
match rate would be revised if it were disruptive and imposed hardship 
(see 65 Fed Reg. at 50823). It also removes a major barrier that 
hinders prospective Tribes and Tribal organizations from administering 
a Tribal child support enforcement program. Most importantly, it 
ensures the opportunity for Tribal families to

[[Page 11046]]

receive child support services that reflect and affirm their Tribal 
cultures and traditions, promote parental responsibility, create 
financial stability, and lift Tribal families out of poverty. In FY 
2020, Tribal child support enforcement programs collected $58 million 
in child support payments and 96 percent went to families.
    Summary of Legal Basis: Section 455(f) of the Social Security Act 
(the Act) requires the Secretary to issue regulations governing the 
grants to Tribes and Tribal organizations operating child support 
enforcement programs. Additionally, section 1102 of the Act authorizes 
the Secretary to publish regulations, not inconsistent with the Act, as 
may be necessary for the efficient administration of the functions with 
which the Secretary is responsible under the Act.
    Alternatives: If the NPRM is not published, many Tribal child 
support enforcement programs will continue to reduce services, delay 
filling vacancies, forgo system upgrades, and operate at a limited 
capacity so that they can meet the non-Federal share of program 
expenditures. Some Tribal child support enforcement programs will 
continue to face the danger of closing and may eventually be forced to 
close. Additionally, many prospective Tribes and Tribal organizations 
will be unable to apply for funding to operate a Tribal child support 
enforcement program due to the non-Federal share requirement.
    Anticipated Cost and Benefits: ACF estimates that a modification to 
the regulation will result in increased costs to the Federal government 
but will also result in additional tribal child support programs added 
to serve children and families.
    Risks: None.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   05/00/23  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Small Entities Affected: No.
    Government Levels Affected: None.
    Agency Contact: Chad Sawyer, Senior Policy Specialist, Department 
of Health and Human Services, Administration for Children and Families, 
330 C Street SW, Washington, DC 20201, Phone: 202 774-2323, Email: 
[email protected].
    RIN: 0970-AC99

HHS--ACF

Final Rule Stage

87. ANA Non-Federal Share Emergency Waivers [0970-AC88]

    Priority: Other Significant.
     Unfunded Mandates: Undetermined.
    Legal Authority: 42 U.S.C. 2991b
    CFR Citation: 45 CFR 1336.
    Legal Deadline: None.
    Abstract: This regulation proposes to streamline the process for 
Administration for Native Americans (ANA) grant program applicants to 
request a waiver for non-federal share for the 20 percent match 
required by statute for ANA grants. The regulation will also propose 
the ability for current grantees to request an emergency waiver for the 
non-federal share match.
    Statement of Need: The Native American Programs Act of 1974 (NAPA), 
as amended, requires projects awarded funding through sections 803, 
804, and 805 provide a 20 percent match of the total cost of the 
project, unless a waiver is obtained through objective criteria as 
outlined in ANA's regulations. The current regulations outline the 
requirements and criteria for applicants to request a waiver for non-
federal share (NFS) at 45 CFR part 1336.50 at the time of application 
for a new or continuation award. The COVID-19 pandemic had a 
detrimental impact on the economies and financial resources of ANA's 
Native American recipients, most of whom had to close their borders to 
protect their citizens. Many tribal enterprises were forced to close, 
and tourism revenues became non-existent. Partnerships and vendors were 
no longer able to contribute previously committed resources for NFS. 
During this time, many recipients grew concerned that they would be 
unable to fully meet their NFS of their grant award. ANA explored the 
possibility of providing emergency NFS waivers to ANA grantees. 
Unfortunately, ANA learned that it does not currently have the 
authority to issue emergency NFS waivers, as neither emergency waiver 
authority nor a process to approve such requests exists in ANA's 
regulations. Current regulations require waiver requests to be 
submitted at the time of application or during the non-competitive 
continuation process. This request to update ANA's regulation would 
provide a new provision for recipients to request an emergency NFS 
waiver in the event of a natural or man-made emergency such as a public 
health pandemic.
    Summary of Legal Basis: The Native American Programs Act of 1974 
(NAPA), as amended, requires projects awarded funding through sections 
803, 804, and 805 provide a 20 percent match of the cost of the 
project, unless a waiver is obtained through objective criteria as 
outlined in ANA's regulations. Current regulations outline the 
requirements and criteria to request a waiver at 45 CFR part 1336.50 at 
the time of application for a new or continuation award. However, there 
is no existing regulations or criteria to provide an emergency waiver 
for NFS to recipients experience a natural or man-made disaster or 
public health emergency such as COVID-19.
    Alternatives: The alternative would be to not offer the emergency 
waiver.
    Anticipated Cost and Benefits: There are no known costs to the 
program by issuing this rule. This final rule is responsive to the 
President's Executive Order 13995 (Ensuring an Equitable Pandemic 
Response and Recovery) and Executive Order 14002 (Economic Relief 
Related to the COVID-19 Pandemic), as well as responsive to the needs 
of Native American communities. Existing regulations state that ANA 
must determine that approval of an NFS waiver will not prevent the 
award of other grants at levels it believes are desirable for the 
purposes of the program. Approval of this emergency waiver regulation 
will also decrease the potential audit findings of entities not meeting 
the required NFS. In addition, it reduces further harm to recipients 
that are impacted by an emergency situation, which caused unforeseen 
and additional financial hardships.
    Risks: There are no known risks to the program by issuing this 
rule.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   12/07/21  86 FR 69215
NPRM Comment Period End.............   02/07/22  .......................
Final Action........................   04/00/23  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Small Entities Affected: No.
    Government Levels Affected: None.
    Agency Contact: Mirtha Beadle, Senior Policy Advisor, Department of 
Health and Human Services, Administration for Children and Families, 
330 C Street SW, Washington, DC 20201, Phone: 202 401-6506, Email: 
[email protected].
    RIN: 0970-AC88


[[Page 11047]]



HHS--ADMINISTRATION FOR COMMUNITY LIVING (ACL)

Proposed Rule Stage

88. Older Americans Act, Titles III, VI, and VII [0985-AA17]

    Priority: Other Significant.
    Legal Authority: 42 U.S.C. 3001 et seq.
    CFR Citation: 45 CFR 1321 to 1324.
    Legal Deadline: None.
    Abstract: The proposed rule would amend the regulations 
implementing programs under the Older Americans Act (OAA) (42 U.S.C. 
3001 et seq.): 45 CFR part 1321 (Grants to State and Community Programs 
on Aging); 45 CFR part 1322 (Grants to Indian Tribes for Support and 
Nutrition Services); 45 CFR part 1323 (Grants for Supportive and 
Nutritional Services to Older Hawaiian Natives); and 45 CFR part 1324 
(Allotments for Vulnerable Elder Rights Protection Activities, 
including Subpart A State Long-Term Care Ombudsman Program). The 
proposed rule would make revisions to these regulations to align with 
the OAA as reauthorized in 2020. Current OAA regulations are more than 
30 years old (issued in 1988), other than portions of 45 CFR part 1321 
and 1324 regarding the State Long-Term Care Ombudsman Program, which 
were issued in 2015.
    Statement of Need: The proposed rule would make important revisions 
to these regulations following the reauthorization of the Act in 2020. 
The majority of the current regulations associated with this Act are 
more than 30 years old, so updates to these regulations will allow for 
an overall alignment of regulations with current statutory language, 
related regulatory language and circumstances in the field. These 
regulations also provide an important opportunity to advance equity in 
the OAA programs as envisioned by the statute and consistent with 
current executive orders.
    Summary of Legal Basis: Development, promulgation and 
implementation of regulations for OAA programs have been and will be 
carried out consistently with the statute. This particular regulatory 
action is not required by the reauthorization of the statute or court 
order.
    Alternatives: ACL considers sub-regulatory guidance, information 
and education outreach, and voluntary approaches as alternatives to 
regulatory action. None of these alternatives are the appropriate 
option for promulgating and administering the provisions that will be 
included in the regulations consistent with statute. Economic 
incentives and instruments are not an option.
    Anticipated Cost and Benefits: To be determined. A regulatory 
impact analysis is concurrently underway.
    Risks: These regulations would update past and establish new 
regulatory provisions consistent with the reauthorization of the OAA in 
2020. Promulgating this NPRM and obtaining public feedback in order to 
issue a new final rule will result in decreased risk for administering 
agencies at the federal, state and local level in ensuring the 
administration of the OAA programs consistent with the statute, and in 
also supporting the statute's purpose of reducing the risk of injury, 
disease, disability and institutional placement of older adults.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Request for Information (RFI).......   05/06/22  87 FR 27160
Request for Information Comment        06/06/22
 Period End.
NPRM................................   06/00/23
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Small Entities Affected: No.
    Government Levels Affected: Local, State, Tribal.
    Agency Contact: Richard Nicholls, Chief of Staff and Executive 
Secretary, Department of Health and Human Services, Administration for 
Community Living, 330 C Street SW, Room 1004B, Washington, DC 20201, 
Phone: 202 795-7415, Fax: 202 205-0399, Email: 
[email protected].
    RIN: 0985-AA17

HHS--ACL

89.  Adult Protective Services Functions and Grant Programs 
[0985-AA18]

    Priority: Other Significant.
    Legal Authority: Elder Justice Act (SSA sec. 2042. [42 U.S.C. 
1397m-1] (a) Secretarial Responsibilities)
    CFR Citation: Not Yet Determined.
    Legal Deadline: None.
    Abstract: The proposed rule would create federal regulations for 
Adult Protective Services (APS) programs as authorized by the Elder 
Justice Act. APS programs were originally recognized by federal law in 
1975 under title XX of the Social Security Act via the Social Services 
Block Grant (SSBG). States have wide discretion whether to allocate any 
funding to APS via the SSBG program, and there are no regulations 
pertaining to APS under SSBG. Since 1975, all 50 states, the District 
of Columbia, and four territories have developed APS programs in 
accordance with local needs, structures, and laws. Historic investments 
through the Coronavirus Relief and Response Supplemental Appropriations 
Act (CRRSA) and the American Rescue Plan Act (ARPA) provided the very 
first funding for APS program formula funding to states as authorized 
by the Elder Justice Act (EJA). These regulations would promote an 
effective APS response across the country so that all older adults and 
adults with disabilities, regardless of the state or jurisdiction in 
which they live, have similar protections and service delivery from APS 
systems.
    Statement of Need: The proposed rule would create federal 
regulations for Adult Protective Services (APS) programs as authorized 
by the Elder Justice Act (EJA). These regulations are critical in 
establish consistent national requirements and standards for EJA APS 
program formula funding to states.
    Summary of Legal Basis: Development, promulgation and 
implementation of this regulation will be carried out consistently with 
the statute; however, this regulatory action is not required by the 
statute or a court order.
    Alternatives: ACL considers sub-regulatory guidance, information 
and education outreach, and voluntary approaches as alternatives to 
regulatory action. Prior to the availability of appropriations for 
formula funding for this program ACL utilized guidance and voluntary 
approach for the establishment of a national data system and in 
supporting the establishment and dissemination of program best 
practices. However, now that federal funding is available to all states 
and territories, none of these alternatives are the appropriate option 
for promulgating and administering the provisions that will be included 
in the regulations consistent with statute. Economic incentives and 
instruments are not an option.
    Anticipated Cost and Benefits: To be determined. A regulatory 
impact analysis is concurrently underway.
    Risks: These regulations would establish first ever regulations for 
APS programs consistent with the Elder Justice Act passed in 2010. 
Promulgating this NPRM and obtaining public feedback in order to issue 
a new final rule will result in decreased risk for administering 
agencies at the federal, state and local level in ensuring the 
administration of appropriations for APS programs consistent with the 
statute, and in also supporting the

[[Page 11048]]

statute's programmatic purpose of detecting, preventing and reducing 
the abuse, neglect and exploitation of adults, including older adults.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   06/00/23
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Small Entities Affected: No.
    Government Levels Affected: State.
    Agency Contact: Richard Nicholls, Chief of Staff and Executive 
Secretary, Department of Health and Human Services, Administration for 
Community Living, 330 C Street SW, Room 1004B, Washington, DC 20201, 
Phone: 202 795-7415, Fax: 202 205-0399, Email: 
[email protected].
    RIN: 0985-AA18
BILLING CODE 4150-03-P

DEPARTMENT OF HOMELAND SECURITY (DHS)

Fall 2022 Statement of Regulatory Priorities

    The Department of Homeland Security (DHS or Department) was 
established in 2003 pursuant to the Homeland Security Act of 2002, 
Public Law 107-296. The DHS mission statement provides the following: 
``With honor and integrity, we will safeguard the American people, our 
homeland, and our values.''
    DHS was created in the aftermath of the horrific attacks of 9/11, 
and its distinctive mission is defined by those words. The phrase 
``homeland security'' refers to the security of the American people, 
the homeland (understood in the broadest sense), and the nation's 
defining values. A central part of the mission of protecting ``our 
values'' includes fidelity to law and the rule of law, reflected above 
all in the Constitution of the United States, and also in statutes 
enacted by Congress, including the Administrative Procedure Act. That 
commitment is also associated with a commitment to individual dignity. 
Among other things, the attacks of 9/11 were attacks on that value as 
well.
    The regulatory priorities of DHS are founded an insistence on the 
rule of law--and also on a belief that individual dignity, symbolized 
and made real by the opening words of the Constitution (``We the 
People''), the separation of powers, and the Bill of Rights (including 
the Due Process Clause), helps to define our mission.
    Fulfilling that mission requires the dedication of more than 
240,000 employees in jobs that range from aviation and border security 
to emergency response, from cybersecurity analyst to chemical facility 
inspector, from the economist seeking to identify the consequences of 
our actions to the scientist and policy analyst seeking to make the 
nation more resilient against flooding, drought, extreme heat, and 
wildfires. Our duties are wide-ranging, but our goal is clear: keep 
America safe.
    There are six overarching homeland security missions that make up 
DHS's strategic plan: (1) Counter terrorism and homeland security 
threats; (2) secure U.S. borders and approaches; (3) secure cyberspace 
and critical infrastructure; (4) preserve and uphold the Nation's 
prosperity and economic security; (5) strengthen preparedness and 
resilience (including resilience from risks actually or potentially 
aggravated by climate change); and (6) champion the DHS workforce and 
strengthen the Department. See also 6 U.S.C. 111(b)(1) (identifying the 
primary mission of the Department).
    In promoting these goals, we attempt to evaluate our practices by 
reference to evidence and data, and to improve them in real time. We 
also attempt to deliver our multiple services in a way that, at once, 
protects the American people and does not impose excessive or 
unjustified barriers and burdens on those who use them.
    In achieving those goals, we are committed to public participation 
and to listening carefully to the American people (and to noncitizens 
as well). We are continually strengthening our partnerships with 
communities, first responders, law enforcement, and Government 
agencies--at the Federal, State, local, tribal, and international 
levels. We are accelerating the deployment of science, technology, and 
innovation in order to make America more secure against risks old and 
new--and to perform our services better. We are becoming leaner, 
smarter, and more efficient, ensuring that every security resource is 
used as effectively as possible. We are reducing administrative burdens 
and simplifying our processes. For a further discussion of our mission, 
see the DHS website at https://www.dhs.gov/mission.
    The regulations we have summarized below in the Department's Fall 
2022 regulatory plan and agenda support the Department's mission. We 
are committed to continuing evaluation of our regulations, consistent 
with Executive Order 13563, and Executive Order 13707, and in a way 
that improves them over time. These regulations will improve the 
Department's ability to accomplish its mission. Also, these regulations 
address legislative initiatives such as the ones found in the 
Implementing Recommendations of the 9/11 Commission Act of 2007 (9/11 
Act) and the FAA Extension, Safety, and Security Act of 2016.
    We emphasize here our commitments (1) To fidelity to law; (2) to 
treating people with dignity and respect; (3) to increasing national 
resilience against multiple risks and hazards, including those actually 
or potentially associated with climate change; (4) to modernization of 
existing requirements; and (5) to reducing unjustified barriers and 
burdens, including administrative burdens.
    DHS strives for organizational excellence and uses a centralized 
and unified approach to managing its regulatory resources. The Office 
of the General Counsel manages the Department's regulatory program, 
including the agenda and regulatory plan. In addition, DHS senior 
leadership reviews each significant regulatory project in order to 
ensure that the project fosters and supports the Department's mission.
    The Department is committed to ensuring that all of its regulatory 
initiatives are aligned with its guiding principles to remain faithful 
to law, protect civil rights and civil liberties, integrate our 
actions, listen to those affected by our actions, build coalitions and 
partnerships, develop human resources, innovate, and be accountable to 
the American public.
    DHS is strongly committed to the principles described in Executive 
Orders 13563 and 12866 (as amended). Both Executive Orders direct 
agencies to assess the costs and benefits of available regulatory 
alternatives and, if regulation is necessary, to select regulatory 
approaches that maximize net benefits. Executive Order 13563 emphasizes 
the importance of quantifying both costs and benefits, of reducing 
costs, of harmonizing rules, and of promoting flexibility. Executive 
Order 13563 explicitly draws attention to human dignity and to equity.
    Finally, the Department values public involvement in the 
development of its regulatory plan, agenda, and regulations. It is 
particularly concerned with the impact its regulations have on small 
businesses and startups, consistent with its commitment to promoting 
economic growth. DHS is also concerned to ensure that its regulations 
are equitable, and that they do not have unintended or adverse effects 
on (for example) women,

[[Page 11049]]

disabled people, people of color, or the elderly. Its general effort to 
modernize regulations, and to remove unjustified barriers and burdens, 
is meant in part to avoid harmful effects on small businesses, 
startups, and disadvantaged groups of multiple sorts. DHS and its 
components continue to emphasize the use of plain language in our 
regulatory documents to promote a better understanding of regulations 
and to promote increased public participation in the Department's 
regulations. We want our regulations to be transparent and 
``navigable,'' so that people are aware of how to comply with them (and 
in a position to suggest improvements).
    The Fall 2022 regulatory plan for DHS includes regulations from 
multiple DHS components, including the Federal Emergency Management 
Agency (FEMA), U.S. Citizenship and Immigration Services (USCIS), the 
U.S. Coast Guard (the Coast Guard), U.S. Customs and Border Protection 
(CBP), Transportation Security Administration (TSA), U.S. Immigration 
and Customs Enforcement (ICE), and the Cybersecurity and Infrastructure 
Security Agency (CISA). We next describe the regulations that comprise 
the DHS fall 2022 regulatory plan.

Federal Emergency Management Agency

    The Federal Emergency Management Agency (FEMA) is the government 
agency responsible for helping people before, during, and after 
disasters. FEMA supports the people and communities of our Nation by 
providing experience, perspective, and resources in emergency 
management. FEMA is particularly focused on national resilience in the 
face of the risks of flooding, drought, extreme heat, and wildfire; it 
is acutely aware that these risks, and others, are actually or 
potentially aggravated by climate change. FEMA seeks to ensure, to the 
extent possible, that changing weather conditions do not mean a more 
vulnerable nation. FEMA is also focused on individual equity, and it is 
aware that administrative burdens and undue complexity might produce 
inequitable results in practice.
    Consistent with President Biden's Executive Order on Climate 
Related Financial Risk (Executive Order 14030), FEMA will propose a 
regulation titled National Flood Insurance Program: Standard Flood 
Insurance Policy, Homeowner Flood Form. The National Flood Insurance 
Program (NFIP), established pursuant to the National Flood Insurance 
Act of 1968, is a voluntary program in which participating communities 
adopt and enforce a set of minimum floodplain management requirements 
to reduce future flood damages. Property owners in participating 
communities are eligible to purchase NFIP flood insurance. This 
proposed rule would revise the Standard Flood Insurance Policy by 
adding a new Homeowner Flood Form and five accompanying endorsements. 
The new Homeowner Flood Form would replace the Dwelling Form as a 
source of coverage for homeowners of one-to-four family residences. 
Together, the new Form and endorsements would more closely align with 
property and casualty homeowners' insurance and provide increased 
options and coverage in a more user-friendly and comprehensible format.
    FEMA will also propose a regulation titled Individual Assistance 
Program Equity to further align with Executive Order 13985, Advancing 
Racial Equity and Support for Underserved Communities Through the 
Federal Government. FEMA will propose to amend its Individual 
Assistance (IA) regulations to increase equity and ease of entry to the 
IA Program. To provide a full opportunity for underserved communities 
to participate in the program, FEMA will propose to amend application 
of ``safe, sanitary, and functional'' for the Individuals and 
Households Program Home Repair assistance; re-evaluate the requirement 
to apply for a Small Business Administration loan prior to receipt of 
certain types of Other Needs Assistance; add eligibility criteria for 
its Serious Needs and Displacement Assistance; amend its requirements 
for Continued Temporary Housing Assistance; re-evaluate its approach to 
insurance proceeds; and amend its appeals process. FEMA will also 
propose revisions to reflect changes to statutory authority that have 
not yet been implemented in regulation, to include provisions for 
utility and security deposit payments, lease and repair of multi-family 
rental housing, child care assistance, maximum assistance limits, and 
waiver authority. Finally, FEMA will propose allowing self-employed 
individuals to receive assistance for essential tools under Other Needs 
Assistance, allowing certain home repair accessibility-related items, 
and allowing the reopening of the registration period when the 
President adds new counties to the major disaster declaration.
    In addition, FEMA will propose a regulation titled Update of FEMA's 
Public Assistance Regulations. FEMA proposes to revise its Public 
Assistance program regulations to reflect current statutory authorities 
and implement program improvements. The proposed rule would incorporate 
changes brought about by amendments to the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act. FEMA is also proposing 
clarifications and corrections to improve the efficiency and 
consistency of the Public Assistance program.
    Additionally, FEMA will propose a regulation titled Updates to 
Floodplain Management and Protection of Wetlands Regulations consistent 
with President Biden's Executive Order on Climate Related Financial 
Risk (Executive Order 14030). FEMA proposes to amend its existing 
regulations to incorporate amendments that have been made to Executive 
Order 11988 and the Federal Flood Risk Management Standard (FFRMS). The 
FFRMS is a flexible framework allowing agencies to choose among three 
approaches to define the floodplain and corresponding flood elevation 
requirements for federally funded projects. Existing regulations 
describe FEMA's process for determining whether the proposed location 
for an action falls within a floodplain and how to complete the action 
in the floodplain, in light of the risk of flooding. The proposed rule 
would change how FEMA defines a floodplain with respect to certain 
actions. Additionally, under the proposed rule, FEMA would use natural 
systems, ecosystem process, and nature-based approaches, where 
practicable, when developing alternatives to locating the proposed 
action in the floodplain.
    Finally, FEMA continues to engage with the public related to its 
floodplain management standards. On October 12, 2021, FEMA issued a 
Request for Information to receive the public's input on revising the 
NFIP's floodplain management standards for land management and use 
regulations to better align with the current understanding of flood 
risk and flood risk reduction approaches. FEMA's authority under the 
National Flood Insurance Act requires the agency to, from time to time, 
develop comprehensive criteria designed to encourage the adoption of 
adequate State and local measures. The agency is reviewing potential 
actions to better align the NFIP minimum floodplain management 
standards with FEMA's current understanding of flood risk, flood 
insurance premium rates, and risk reduction approaches to make 
communities safer, stronger, and more resilient to increased flooding. 
FEMA is considering revisions to the minimum standards to better 
protect people and property in a nuanced manner that balances community 
needs with the

[[Page 11050]]

national scope of the NFIP while also incorporating opportunities for 
improving resilience in communities that have been historically 
underserved. FEMA is also considering revisions to the minimum 
standards that would advance the conservation of threatened and 
endangered species and their habitat. In response to a separate Request 
for Information, FEMA is also reviewing ways to further promote 
enhanced resilience efforts through the Community Rating System.

United States Citizenship and Immigration Services

    U.S. Citizenship and Immigration Services (USCIS) is the government 
agency that administers the nation's lawful immigration system, 
safeguarding its integrity and promise by efficiently and fairly 
adjudicating requests for immigration benefits with integrity and 
respect for all we serve. To the extent permitted by law, USCIS is 
committed to meeting the economic needs of U.S. employers, reducing 
unnecessary barriers to legal immigration, increasing access to legally 
authorized immigration benefits, and reinvigorating the size and scope 
of humanitarian relief. In the coming year, USCIS intends to pursue 
several regulatory actions that support these goals while balancing 
this work with our fiscal stability goals.
    Employment Issues, Economic Needs, and Lawful Pathways. USCIS is 
focused on promulgating policies that are responsive to the needs of 
the U.S. economy and U.S. employers, while providing lawful pathways to 
work in the United States and also protecting the rights of both U.S. 
and noncitizen workers. USCIS will propose a rule to modernize and 
reform the H-2A and H-2B programs. The proposed rule will incorporate 
necessary program efficiencies and meet the legitimate needs of U.S. 
employers; it will include provisions designed to protect against the 
exploitation or other abuse of H-2A and H-2B workers. (Modernization 
and Reform of the H-2 Programs.)
    Improvements to the Overall Immigration System. USCIS will propose 
adjustments to certain immigration and naturalization benefit request 
fees (after performing the required biennial fee review) to ensure that 
fees recover full costs borne by USCIS. In doing so, USCIS will adhere 
to the ideals of removing unjustified barriers and promoting access to 
the immigration system (to promote, among other things, economic needs 
and economic growth); improving and expanding naturalization 
processing; and implementing the administration's humanitarian 
priorities. (USCIS Fee Schedule and Changes to Certain Other 
Immigration Benefit Request Requirements.) In addition, USCIS plans to 
take steps to reform the regulations governing the adjustment of status 
to lawful permanent residence to improve the efficiency and 
administration of that program. USCIS will propose a rule that updates 
outdated regulations, reduces the potential for visa retrogression, and 
promotes the efficient use of immediately available immigrant visas. 
(Improving the Regulations Governing the Adjustment of Status to Lawful 
Permanent Residence and Related Immigration Benefits.) Lastly, USCIS 
will propose a rule to clarify and update eligibility requirements 
governing citizenship and naturalization. (Citizenship and 
Naturalization and Other Related Flexibilities.)
    Humanitarian Relief. USCIS will propose reforms to the U 
nonimmigrant visa classification. The U nonimmigrant status is for 
noncitizen victims of certain qualifying criminal activities, and their 
eligible family members, who have been, are, or are likely to be 
helpful in the investigation or prosecution of those crimes. To 
streamline the procedures and enhance operational efficiency, USCIS 
will propose a rule to update eligibility, procedural and filing 
requirements governing U nonimmigrant status, and adjustment of status 
for those nonimmigrants. (Victims of Qualifying Criminal Activities; 
Eligibility Requirements for U Nonimmigrant Status and Adjustment of 
Status). In addition, USCIS will propose a rule to update the 
regulations governing self-petitions in cases where the noncitizen has 
been subjected to battery or extreme cruelty by their U.S. citizen 
spouse, parent, son, or daughter, or lawful permanent resident spouse 
or parent. USCIS will also propose to update the regulations to align 
with statutory updates made as a result of subsequent reauthorizations 
of the Violence Against Women Act. (Relief Under the Violence Against 
Women Act of 1994 and Subsequent Legislation.)
    Asylum Reforms. USCIS is focused on pursuing regulations to 
strengthen, rebuild, and (where appropriate) streamline the asylum 
system, consistent with law and mission imperatives. For example, USCIS 
and DOJ will take steps to remove regulatory provisions that are 
currently enjoined (Bars to Asylum Eligibility and Related Procedures), 
propose updates to clarify eligibility for asylum and withholding of 
removal (Particular Social Group and Related Definitions and 
Interpretations for Asylum and Withholding of Removal), and propose 
modifications or withdrawal of other asylum-related regulatory 
provisions (Security Bars and Processing).

United States Coast Guard

    The Coast Guard is a military, multi-mission, maritime service of 
the United States and the only military organization within DHS. It is 
the principal Federal agency responsible for maritime safety, security, 
and stewardship in U.S. ports and waterways.
    Effective governance in the maritime domain hinges upon an 
integrated approach to safety, security, and stewardship. The Coast 
Guard's policies and capabilities are integrated and interdependent, 
delivering results through a network of enduring partnerships with 
maritime stakeholders. Consistent standards of universal application 
and enforcement, which encourage safe, efficient, and responsible 
maritime commerce, are vital to the success of the maritime industry. 
The Coast Guard's ability to field versatile capabilities and highly 
trained personnel is one of the U.S. Government's most significant and 
important strengths in the maritime environment.
    America is a maritime nation, and our security, resilience, and 
economic prosperity are intrinsically linked to the oceans. Safety, 
efficient waterways, and freedom of transit on the high seas are 
essential to our well-being. The Coast Guard is leaning forward, poised 
to meet the demands of the modern maritime environment. The Coast Guard 
creates value for the public through solid prevention and response 
efforts. Activities involving oversight and regulation, enforcement, 
maritime presence, and public and private partnership foster increased 
maritime safety, security, and stewardship.
    The statutory responsibilities of the Coast Guard include ensuring 
marine safety and security, preserving maritime mobility, protecting 
the marine environment, enforcing U.S. laws and international treaties, 
and performing search and rescue. The Coast Guard supports the 
Department's overarching goals of mobilizing and organizing our Nation 
to secure the homeland from terrorist attacks, natural disasters, and 
other emergencies. These goals include protection against the risks 
associated with climate change, and the Coast Guard seeks to obtain 
scientific information to assist in that task, while also acting to 
promote resilience and adaptation.
    The Coast Guard highlights the following regulatory actions:

[[Page 11051]]

    Cybersecurity in the Marine Transportation System. The Coast Guard 
is proposing to update its maritime security regulations by adding 
cybersecurity requirements to existing regulations. This proposed 
rulemaking is part of an ongoing effort to address emerging 
cybersecurity risks and threats to maritime security by including 
additional security requirements to safeguard the marine transportation 
system.
    Shipping Safety Fairways Along the Atlantic Coast. The Coast Guard 
published an ANPRM on June 19, 2020. The Coast Guard is reviewing 
comments to help develop a proposed rule that would establish shipping 
safety fairways along the Atlantic Coast of the United States. Fairways 
are marked routes for vessel traffic. They facilitate the direct and 
unobstructed transit of ships. The proposed fairways will be based on 
studies about vessel traffic along the Atlantic Coast. The Coast Guard 
is taking this action to ensure that obstruction-free routes are 
preserved to and from U.S. ports and along the Atlantic coast and to 
reduce the risk of collisions, allisions and grounding, as well as 
alleviate the chance of increased time and expenses in transit.
    MARPOL Annex VI; Prevention of Air Pollution From Ships. The Coast 
Guard is proposing regulations to carry out the provisions of Annex VI 
of the MARPOL Protocol, which is focused on the prevention of air 
pollution from ships. The Act to Prevent Pollution from Ships has 
already given direct effect to most provisions of Annex VI, and the 
Coast Guard and the Environmental Protection Agency have carried out 
some Annex VI provisions through previous rulemakings. This proposed 
rulemaking would fill gaps in the existing framework for carrying out 
the provisions of Annex VI. Chapter 4 of Annex VI contains shipboard 
energy efficiency measures that include short-term measures reducing 
carbon emissions linked to climate change. This proposed rulemaking 
would apply to U.S.-flagged ships. It would also apply to foreign-
flagged ships operating either in U.S. navigable waters or in the U.S. 
Exclusive Economic Zone.

United States Customs and Border Protection

    Customs and Border Protection (CBP) is the Federal agency 
principally responsible for the security of our nation's borders, both 
at and between the ports of entry into the United States. CBP must 
accomplish its border security and enforcement mission without stifling 
the flow of legitimate trade and travel. The primary mission of CBP is 
its homeland security mission, that is, to prevent terrorists and 
terrorist weapons from entering the United States. An important aspect 
of this mission involves improving security at our borders and ports of 
entry, but it also means extending our zone of security beyond our 
physical borders.
    CBP is also responsible for administering laws concerning the 
importation of goods into the United States and enforcing the laws 
concerning the entry of persons into the United States. This includes 
regulating and facilitating international trade; collecting import 
duties; enforcing U.S. trade, immigration and other laws of the United 
States at our borders; inspecting imports; overseeing the activities of 
persons and businesses engaged in importing; enforcing the laws 
concerning smuggling and trafficking in contraband; apprehending 
individuals attempting to enter the United States illegally; protecting 
our agriculture and economic interests from harmful pests and diseases; 
servicing all people, vehicles, and cargo entering the United States; 
maintaining export controls; and protecting U.S. businesses from theft 
of their intellectual property.
    In carrying out its mission, CBP's goal is to facilitate the 
processing of legitimate trade and travel efficiently without 
compromising security. Consistent with its primary mission of homeland 
security, CBP intends to issue several regulations that are intended to 
improve security at our borders and ports of entry. During the upcoming 
year, CBP will also work on various projects to streamline CBP 
processing, reduce duplicative processes, reduce various burdens on the 
public, and automate various paper forms. CBP highlights one those 
projects below.
    Advance Passenger Information System: Electronic Validation of 
Travel Documents. CBP intends to amend current Advance Passenger 
Information System (APIS) regulations to incorporate additional carrier 
requirements that would further enable CBP to determine whether each 
passenger is traveling with valid, authentic travel documents prior to 
the passenger boarding the aircraft. The proposed regulation would 
require commercial air carriers to receive a second message from CBP 
that would state whether CBP matched the travel documents of each 
passenger to a valid, authentic travel document recorded in CBP's 
databases. The proposed regulation would also require air carriers to 
transmit additional data elements regarding contact information through 
APIS for all commercial aircraft passengers arriving in the United 
States to support border operations and national security. CBP expects 
that the collection of these elements would enable CBP to further 
support the Center for Disease Control and Prevention's mission in 
monitoring and tracing the contacts for persons involved in health 
incidents. This action will result in time savings to passengers and 
cost savings to CBP, carriers, and the public.
    In addition to the regulations that CBP issues to promote DHS's 
mission, CBP issues regulations related to the mission of the 
Department of the Treasury. Under section 403(1) of the Homeland 
Security Act of 2002, the former-U.S. Customs Service, including 
functions of the Secretary of the Treasury relating thereto, 
transferred to the Secretary of Homeland Security. As part of the 
initial organization of DHS, the Customs Service inspection and trade 
functions were combined with the immigration and agricultural 
inspection functions and the Border Patrol and transferred into CBP. 
The Department of the Treasury retained certain regulatory authority of 
the U.S. Customs Service relating to customs revenue function. In the 
coming year, CBP expects to continue to issue regulatory documents that 
will facilitate legitimate trade and implement trade benefit programs. 
For a discussion of CBP regulations regarding the customs revenue 
function, see the regulatory plan of the Department of the Treasury.

Transportation Security Administration

    The Transportation Security Administration (TSA) protects the 
Nation's transportation systems to ensure freedom of movement for 
people and commerce. TSA applies an intelligence-driven, risk-based 
approach to all aspects of its mission. This approach results in layers 
of security to mitigate risks effectively and efficiently. In the 
coming fiscal year, TSA is prioritizing the following actions that are 
required to meet statutory mandates or that are necessary for national 
security.
    Enhancing Surface Cyber Risk Management. TSA intends to issue a 
rulemaking that will permanently codify critical cybersecurity 
requirements for pipeline and rail modes of transportation. On January 
28, 2021, the President issued the National Security Memorandum on 
Improving Cybersecurity for Critical Infrastructure Controls Systems. 
Consistent with this priority of the Administration and in response to 
the ongoing cybersecurity threat to surface transportation systems, TSA 
issued security directives to owners and operators of TSA-designated 
critical pipeline systems and facilities,

[[Page 11052]]

and higher-risk rail operations (freight, passenger, and mass transit) 
to implement several urgently needed protections against cyber 
intrusions. Through these directives, TSA has imposed measures to 
report cybersecurity incidents; designate a cybersecurity coordinator; 
review current cybersecurity measures; identify and report any gaps and 
related remediation measures to address cyber-related risks; implement 
specific mitigation measures to protect against cyber-attacks; develop 
and implement a cybersecurity incident response plan; and develop an 
assessment program to proactively address and audit cybersecurity 
measures. TSA is committed to enhancing and sustaining cybersecurity 
for all modes of transportation and intends to issue a rulemaking that 
may codify these and other requirements.
    Vetting of Certain Surface Transportation Employees. Consistent 
with the Implementing Recommendations of the 9/11 Commission Act of 
2007, TSA will propose a rule requiring security threat assessments for 
security coordinators and other frontline employees of certain public 
transportation agencies (including rail mass transit and bus systems), 
railroads (freight and passenger), and over-the-road bus owner/
operators. The NPRM will also propose provisions to implement TSA's 
statutory requirement to recover its cost of vetting through user fees. 
While many stakeholders conduct background checks on their employees, 
their actions are limited based upon the data they can access. Through 
this rule, TSA will be able to conduct a more thorough check against 
terrorist watch-lists of individuals in security-sensitive positions.
    Flight Training Security Program. TSA published an interim final 
rule in 2004 related to flight schools. The IFR requires flight schools 
to notify TSA when noncitizens, and other individuals designated by 
TSA, apply for flight training or recurrent training. TSA subsequently 
issued exemptions and interpretations in response to comments on the 
IFR and questions raised during operation of the program since 2004. 
TSA published a notice reopening the comment period on May 18, 2018. 
Based on the comments and questions received, TSA is finalizing the 
rule with modifications that may include changing the frequency of 
security threat assessments from a high-frequency event-based interval 
to a time-based interval, clarify the definitions and other provisions 
of the rule, and enable industry to use TSA-provided electronic 
recordkeeping systems for all documents required to demonstrate 
compliance with the rule. These and other changes would provide 
significant cost-savings to the industry and individuals seeking flight 
training while also enhancing security.
    Amending Vetting Requirements for Employees With Access to a 
Security Identification Display Area. The FAA Extension, Safety, and 
Security Act of 2016 mandates that TSA consider modifications to the 
list of disqualifying criminal offenses and criteria, develop a waiver 
process for approving the issuance of credentials for unescorted 
access, and propose an extension of the look back period for 
disqualifying crimes. Based on these requirements, and current 
intelligence pertaining to the ``insider threat,'' TSA will propose a 
rule to revise current vetting requirements to enhance eligibility 
requirements and disqualifying criminal offenses for individuals 
seeking or having unescorted access to any Security Identification 
Display Area of an airport.

United States Immigration and Customs Enforcement

    U.S. Immigration and Customs Enforcement (ICE) is the principal 
criminal investigative arm of DHS and one of the three Department 
components charged with the criminal and civil enforcement of the 
Nation's immigration laws. Its primary mission is to protect national 
security, public safety, and the integrity of our borders through the 
criminal and civil enforcement of Federal law governing border control, 
customs, trade, and immigration. During the coming fiscal year, ICE 
will focus rulemaking efforts on regulations pertaining to processing 
improvements, including the rules mentioned below.
    Immigration Bond Notifications and Electronic Service. ICE is 
revising regulations that authorize the means to serve decisions and 
other notices in-person or by mail, to include electronic and other 
means of service. This rule is consistent with Executive Order 14058, 
which directs agencies to take actions that improve service delivery 
and customer experience by decreasing administrative burdens, enhancing 
transparency, and improving the efficiency and effectiveness of 
government. Current regulations limit ICE to serve documents in-person, 
or by certified, registered, or ordinary mail, which is time consuming, 
inefficient, and unreliable. This interim final rule would enable ICE 
to issue and serve certain notices, decisions, and other documents 
electronically to noncitizens, parties, attorneys, or other persons of 
interest who voluntarily opt-in to be served electronically. The intent 
is to improve convenience, transparency, and provide quicker 
information and communication to both the public and the government.
    Optional Alternative to the Physical Examination Associated With 
Employment Eligibility Verification (Form I-9). In August of 2022, ICE 
published a proposed rule that would revise employment eligibility 
verification regulations to allow the Secretary to authorize 
alternative document examination procedures in certain circumstances or 
with respect to certain employer. As explained in the rule, future 
exercises of such authority may reduce burdens on employers and 
employees while maintaining the integrity of the employment 
verification process. DHS will complete this rulemaking following 
review of public comments received. This rulemaking is consistent with 
Executive Order 14058, which directs agencies to take actions that 
improve service delivery and customer experience by decreasing 
administrative burdens, enhancing transparency, and improving the 
efficiency and effectiveness of government.

Cybersecurity and Infrastructure Security Agency

    The Cybersecurity and Infrastructure Security Agency (CISA) is 
responsible for leading the national effort to develop cybersecurity 
and critical infrastructure security programs, operations, and 
associated policy to enhance the security and resilience of physical 
and cyber infrastructure.
    Ammonium Nitrate Security Program. This rule implements a 2007 
amendment to the Homeland Security Act. The amendment requires DHS to 
``regulate the sale and transfer of ammonium nitrate facility . . . to 
prevent the misappropriation or use of ammonium nitrate in an act of 
terrorism.'' CISA published an Notice of Proposed Rulemaking in 2011. 
CISA is planning to issue a Supplemental Notice of Proposed Rulemaking.
    Chemical Facility Anti-Terrorism Standards (CFATS). This rule would 
update CFATS' Risk Based Performance Standards to enhance cybersecurity 
requirements, modify the counting rules associated with release-
flammable chemicals, remove release-explosive chemicals, and adjust the 
Screening Threshold Quantities of Appendix A to account for the updated 
risk analysis methodology. CISA previously invited public comment on an 
Advance Notice of Proposed Rulemaking (ANPRM)

[[Page 11053]]

during August 2014 for potential revisions to the CFATS regulations. 
The ANPRM provided an opportunity for the public to provide 
recommendations for possible program changes. In June 2020, CISA 
published for public comment a retrospective analysis of the CFATS 
program. And in January 2021, CISA invited additional public comment 
through an ANPRM concerning the removal of certain explosive chemicals 
from CFATS. CISA intends to address many of the subjects raised in both 
ANPRMs and the retrospective analysis in this regulatory action, 
including potential updates to CFATS cybersecurity requirements and 
Appendix A to the CFATS regulations. CISA is planning to issue a notice 
of proposed rulemaking.
    A more detailed description of the priority regulations that 
comprise the DHS regulatory plan follows

DHS--U.S. CITIZENSHIP AND IMMIGRATION SERVICES (USCIS)

Proposed Rule Stage

90. Victims of Qualifying Criminal Activities; Eligibility Requirements 
for U Nonimmigrant Status and Adjustment of Status [1615-AA67]

    Priority: Other Significant.
    Legal Authority: 5 U.S.C. 552; 5 U.S.C. 552a; 8 U.S.C. 1101; 8 
U.S.C. 1101 (note); 8 U.S.C. 1102; Pub. L. 113-4
    CFR Citation: 8 CFR 214; 8 CFR 274a; 8 CFR 103; 8 CFR 299.
    Legal Deadline: None.
    Abstract: This proposed rule would clarify and update eligibility, 
procedural, and filing requirements for U nonimmigrant status (commonly 
known as the ``U'' visa) and adjustment of status for U nonimmigrants. 
U nonimmigrant status is for noncitizen victims of certain qualifying 
criminal activities who have been, are being, or are likely to be 
helpful in the investigation or prosecution of those crimes and 
eligible family members. There is a statutory limit of 10,000 U visas 
per year for principal petitioners. DHS published an interim final rule 
in 2007 (72 FR 53013) to establish the procedures to be followed in 
order to petition the U nonimmigrant status and published an interim 
final rule in 2008 (73 FR 75540) to establish the procedures for 
applying for adjustment of status as a U nonimmigrant, and this rule 
would address relevant comments and stakeholder feedback received since 
publication of those interim final rules, as well as update the 
regulations for changes in legislation.
    Statement of Need: This regulation is necessary to allow noncitizen 
victims of certain crimes to petition for U nonimmigrant status and to 
adjust status to that of a lawful permanent resident. The U 
classification is for noncitizen victims of certain qualifying criminal 
activities who have been, are being, or are likely to be helpful in the 
investigation or prosecution of those crimes. This rule would address 
the eligibility requirements that must be met for classification as a U 
nonimmigrant and implements statutory amendments to these requirements, 
streamlines the procedures to petition for U nonimmigrant status, 
provides evidentiary guidance to assist in the petition process, and 
clarifies adjustment of status requirements.
    Summary of Legal Basis: This regulation is necessary to allow 
noncitizen victims of certain crimes to petition for U nonimmigrant 
status and to adjust status to that of a lawful permanent resident. The 
U classification is for noncitizen victims of certain qualifying 
criminal activities who have been, are, or are likely to be helpful in 
the investigation or prosecution of those crimes. This rule would 
address the eligibility requirements that must be met for 
classification as a U nonimmigrant and implements statutory amendments 
to these requirements, streamlines the procedures to petition for U 
nonimmigrant status, provides evidentiary guidance to assist in the 
petition process, and clarifies adjustment of status requirements.
    Anticipated Cost and Benefits: DHS is currently considering the 
specific cost and benefit impacts of the proposed provisions.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Interim Final Rule..................   09/17/07  72 FR 53013
Interim Final Rule Effective........   10/17/07
Interim Final Rule Comment Period      11/17/07
 End.
NPRM................................   07/00/23
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Small Entities Affected: No.
    Government Levels Affected: Federal, Local, State.
    Additional Information: Transferred from RIN 1115-AG39.
    URL For More Information: www.regulations.gov.
    URL For Public Comments: www.regulations.gov.
    Agency Contact: Rena Cutlip-Mason, Chief, Division of Humanitarian 
Affairs, OP&S, Department of Homeland Security, U.S. Citizenship and 
Immigration Services, 5900 Capital Gateway Drive, Camp Springs, MD 
20746, Phone: 240 721-3000.
    RIN: 1615-AA67

DHS--USCIS

91. Improving the Regulations Governing the Adjustment of Status to 
Lawful Permanent Residence and Related Immigration Benefits [1615-AC22]

    Priority: Other Significant. Major status under 5 U.S.C. 801 is 
undetermined.
    Unfunded Mandates: Undetermined.
    Legal Authority: 8 U.S.C. 1101; 8 U.S.C. 1103(a); 8 U.S.C. 1153 to 
1155; 8 U.S.C 1160; 8 U.S.C 1254a; 8 U.S.C. 1255 and 1324a; . . .
    CFR Citation: 8 CFR 204.5; 8 CFR 204.12; 8 CFR 205.1; 8 CFR 209.1; 
8 CFR 209.2; 8 CFR 244.15; 8 CFR 245.1; 8 CFR 245.2; 8 CFR 245.5; 8 CFR 
245.11; 8 CFR 245.15; 8 CFR 245.18; 8 CFR 249.2; 8 CFR 264.2; 8 CFR 
274a.12; . . .
    Legal Deadline: None.
    Abstract: The Department of Homeland Security (DHS) proposes to 
amend its regulations governing adjustment of status to lawful 
permanent residence in the United States. The proposed changes include 
permitting concurrent filing of a visa petition and the application for 
adjustment of status for the employment-based 4th preference (certain 
special immigrants) category, including religious workers; permitting 
the transfer of underlying basis of a pending adjustment of status 
application; amending the definition relating to ineligibilities under 
section 245(c) of the INA; changing the age calculation under the Child 
Status Protection Act; and authorizing employment authorization for 
certain derivative beneficiaries waiting for immigrant visa 
availability when they present compelling circumstances. DHS also 
proposes to amend the regulations relating to temporary protected 
status and travel authorization and the impact on the adjustment of 
status eligibility. The intent of these proposed changes is to reduce 
processing times, improve the quality of inventory data provided to 
partner agencies, reduce the potential for visa retrogression, and 
promote the efficient use of immediately available immigrant visas.
    Statement of Need: This rulemaking is necessary to address outdated 
regulations and to improve the efficiency and the administration of the 
adjustment of status of immigrants to

[[Page 11054]]

lawful permanent residence in the United States, improve the quality of 
inventory data that DHS provides to agencies, reduce the potential for 
visa retrogression, and promote the efficient use of immediately 
available immigrant visas. This proposed rule would revise travel 
authorization regulations for temporary protected status beneficiaries 
and clarify the impact on adjustment of status eligibility. This rule 
also changes eligibility requirements for certain classifications for 
what constitutes compelling circumstances for employment authorization.
    Anticipated Cost and Benefits: DHS is currently considering the 
specific cost and benefit impacts of the proposed provisions.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   07/00/23
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Undetermined.
    Government Levels Affected: Undetermined.
    Federalism: Undetermined.
    Agency Contact: Mark Phillips, Residence and Naturalization 
Division Chief, Department of Homeland Security, U.S. Citizenship and 
Immigration Services, Office of Policy and Strategy, 5900 Capital 
Gateway Drive, Suite 4S190, Camp Springs, MD 20588-0009, Phone: 240 
721-3000.
    RIN: 1615-AC22

DHS--USCIS

92. Particular Social Group and Related Definitions and Interpretations 
for Asylum and Withholding of Removal [1615-AC65]

    Priority: Other Significant. Major status under 5 U.S.C. 801 is 
undetermined.
    Unfunded Mandates: Undetermined.
    Legal Authority: 8 U.S.C. 1101(a)(42); 8 U.S.C. 1158; 8 U.S.C. 
1225; 8 U.S.C. 1231 and 1231 (note); E.O. 14010; 86 FR 8267 (Feb. 2, 
2021)
    CFR Citation: 8 CFR 2; 8 CFR 208; 8 CFR 1208.
    Legal Deadline: None.
    Abstract: This rule proposes to amend Department of Homeland 
Security (DHS) and Department of Justice (DOJ) (collectively, ``the 
Departments'') regulations that govern eligibility for asylum and 
withholding of removal. The amendments focus on portions of the 
regulations that deal with the definitions of membership in a 
particular social group and the interpretation of various other 
elements of eligibility for asylum, including some that are often 
determinative in particular social group claims, such as the 
requirements for failure of State protection, and determinations about 
whether persecution is on account of a protected ground. The rule will 
also propose to modify or rescind portions of the Procedures for Asylum 
and Withholding of Removal; Credible Fear and Reasonable Fear Review 
final rule (RINs 1125-AA94 and 1615-AC42). This rule is consistent with 
Executive Order 14010 of February 2, 2021, which directs the 
Departments to promulgate joint regulations, consistent with applicable 
law, addressing the circumstances in which a person should be 
considered a member of a particular social group.
    Statement of Need: The Departments propose this rule to clarify 
standards governing numerous elements of eligibility for asylum, 
withholding of removal under section 241(b)(3) of the Immigration and 
Nationality Act, and protection from removal under the regulations that 
implement U.S. obligations in immigration cases under Article 3 of the 
Convention Against Torture and Other Cruel, Inhuman or Degrading 
Treatment or Punishment. The rule proposes to rescind certain 
provisions of the Procedures for Asylum and Withholding of Removal; 
Credible Fear and Reasonable Fear Review final rule, which had 
addressed many of the same issues. See 85 FR 80274. The previous rule 
was the subject of multiple suits challenging the rule on numerous 
procedural and substantive grounds, and was preliminarily enjoined 
before it became effective. Pangea Legal Servs. v. U.S. Dep't of 
Homeland Sec., 512 F. Supp. 3d 966, 977 (N.D. Cal. 2021). In some 
circumstances the Departments have decided to republish changes made in 
the Global Asylum Rule without amendment. The purpose of doing so is to 
remedy any alleged procedural deficiencies with the enactment of those 
provisions. In other instances, the Departments now propose different 
provisions with the goal of adopting clearer and simpler analyses that 
would reduce burdens on adjudicators and applicants, and result in more 
consistent and accurate adjudications. The Departments believe that the 
existing standards governing these issues have become confusing, overly 
complex, and subject to inconsistent interpretations among adjudicators 
and across federal circuit courts on numerous issues. The Departments 
propose this rule to rectify these problems.
    Anticipated Cost and Benefits: DHS is currently considering the 
specific cost and benefit impacts of the proposed provisions.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   03/00/23
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Small Entities Affected: No.
    Government Levels Affected: Undetermined.
    Federalism: Undetermined.
    International Impacts: This regulatory action will be likely to 
have international trade and investment effects, or otherwise be of 
international interest.
    Agency Contact: Rena Cutlip-Mason, Chief, Division of Humanitarian 
Affairs, OP&S, Department of Homeland Security, U.S. Citizenship and 
Immigration Services, 5900 Capital Gateway Drive, Camp Springs, MD 
20746, Phone: 240 721-3000.
    Related RIN: Related to 1615-AC42, Related to 1125-AB13, Related to 
1125-AA94
    RIN: 1615-AC65

DHS--USCIS

93. U.S. Citizenship and Immigration Services Fee Schedule and Changes 
to Certain Other Immigration Benefit Request Requirements [1615-AC68]

    Priority: Economically Significant. Major under 5 U.S.C. 801.
    Legal Authority: 8 U.S.C. 1356(m), (n)
    CFR Citation: 8 CFR 103; 8 CFR 106.
    Legal Deadline: None.
    Abstract: DHS will propose to adjust the fees charged by U.S. 
Citizenship and Immigration Services (USCIS) for immigration and 
naturalization benefit requests. On August 3, 2020, DHS adjusted the 
fees USCIS charges for immigration and naturalization benefit requests, 
imposed new fees, revised certain fee waiver and exemption policies, 
and changed certain application requirements via the rule ``USCIS Fee 
Schedule & Changes to Certain Other Immigration Benefit Request 
Requirements.'' DHS has been preliminarily enjoined from implementing 
that rule by court order. This rule would rescind and replace the 
changes made by the August 3, 2020, rule and establish new USCIS fees 
to recover USCIS operating costs.
    Statement of Need: USCIS projects that its costs of providing 
immigration adjudication and naturalization services will exceed the 
financial resources

[[Page 11055]]

available to it under its existing fee structure. DHS proposes to 
adjust the USCIS fee structure to ensure that USCIS recovers the costs 
of meeting its operational requirements.
    The CFO Act requires each agency's chief financial officer to 
``review, on a biennial basis, the fees, royalties, rents, and other 
charges imposed by the agency for services and things of value it 
provides, and make recommendations on revising those charges to reflect 
costs incurred by it in providing those services and things of value.''
    Summary of Legal Basis: INA 286(m) and (n), 8 U.S.C. 1356(m) and 
(n), authorize the Attorney General and Secretary of Homeland Security 
to recover the full cost of providing immigration adjudication and 
naturalization services by establishing and collecting fees deposited 
into the Immigration Examinations Fee Account.
    Anticipated Cost and Benefits: DHS is currently considering the 
specific cost and benefit impacts of the proposed provisions.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   12/00/22
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Small Entities Affected: Businesses, Governmental Jurisdictions, 
Organizations.
    Government Levels Affected: None.
    Agency Contact: Kika Scott, Chief Financial Officer, Department of 
Homeland Security, U.S. Citizenship and Immigration Services, 5900 
Capital Gateway Drive, Suite 4S190, Camp Springs, MD 20588-0009, Phone: 
240 721-3000.
    RIN: 1615-AC68

DHS--USCIS

94. Bars to Asylum Eligibility and Related Procedures [1615-AC69]

    Priority: Other Significant. Major status under 5 U.S.C. 801 is 
undetermined.
    Legal Authority: Homeland Security Act of 2002, Pub. L. 107-296, 
116 Stat. 2135, sec. 1102, as amended; 8 U.S.C. 1103(a)(1); 8 U.S.C. 
1103(a)(3); 8 U.S.C. 1103(g); 8 U.S.C. 1225(b); 8 U.S.C. 1231(b)(3) and 
1231 (note); 8 U.S.C. 1158
    CFR Citation: 8 CFR 208; 8 CFR 235; 8 CFR 1003; 8 CFR 1208; 8 CFR 
1235.
    Legal Deadline: None.
    Abstract: In 2020, the Department of Homeland Security and 
Department of Justice (collectively, the Departments) published final 
rules amending their respective regulations governing bars to asylum 
eligibility and procedures, including the Procedures for Asylum and 
Bars to Asylum Eligibility (RINs 1125-AA87 and 1615-AC41), 85 FR 67202 
(Oct. 21, 2020), and Asylum Eligibility and Procedural Modifications 
(RINs 1125-AA91 and 1615-AC44), 85 FR 82260 (Dec. 17, 2020), final 
rules. The Departments will propose to modify or rescind the regulatory 
changes promulgated in these two final rules consistent with Executive 
Order 14010 (Feb. 2, 2021).
    Statement of Need: The Departments are reviewing these regulations 
in light of the issuance of Executive Order 14010 and Executive Order 
14012. This rule is needed to restore and strengthen the asylum system 
and to address inconsistencies with the goals and principles outlined 
in Executive Order 14010 and Executive Order 14012.
    Anticipated Cost and Benefits: The Departments are currently 
considering the specific cost and benefit impacts of the proposed 
provisions.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   05/00/23
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Government Levels Affected: None.
    Agency Contact: Rena Cutlip-Mason, Chief, Division of Humanitarian 
Affairs, OP&S, Department of Homeland Security, U.S. Citizenship and 
Immigration Services, 5900 Capital Gateway Drive, Camp Springs, MD 
20746, Phone: 240 721-3000.
    Related RIN: Related to 1125-AA87, Split from 1615-AC41, Related to 
1125-AA91, Related to 1615-AC44, Related to 1125-AB12
    RIN: 1615-AC69

DHS--USCIS

95. Modernization and Reform of the H-2 Programs [1615-AC76]

    Priority: Other Significant. Major status under 5 U.S.C. 801 is 
undetermined.
    Unfunded Mandates: Undetermined.
    Legal Authority: 8 U.S.C. 1103(a)(3); 8 U.S.C. 
1001(a)(15)(H)(ii)(a) and (b); 8 U.S.C. 1184(a), (c) and (g)
    CFR Citation: 8 CFR 214; 8 CFR 274a.
    Legal Deadline: None.
    Abstract: DHS plans to issue a notice of proposed rulemaking that 
will modernize and reform the H-2A and H-2B nonimmigrant worker 
programs. DHS will propose to incorporate policies that produce program 
efficiencies, address current aspects of the program that may 
unintentionally result in exploitation or other abuse of persons 
seeking to come to this country as H-2A and H-2B workers, build upon 
existing protections against prohibited payments or other assessment of 
fees and/or salary deductions by H-2A and H-2B workers in connection 
with recruitment and/or employment, and otherwise add protections for 
workers. This rule would not revise the temporary labor certification 
process or the regulations contained in 20 CFR part 655 or 29 CFR part 
501 and 503.
    Statement of Need: This rulemaking is needed to enhance protections 
for workers and better ensure the integrity of the H-2A and H-2B 
programs. In addition, this proposed rule is necessary to improve H-2 
program efficiencies and remove certain barriers to program access.
    Summary of Legal Basis: The Immigration and Nationality Act (INA) 
charges the Secretary of Homeland Security with the administration and 
enforcement of the immigration laws and provides that the Secretary 
shall establish such regulations and perform such other acts as he 
deems necessary for carrying out his authority under the INA. See INA 
section 103(a)(1),(3), 8 U.S.C. 1103(a)(1), (3). In addition, the 
Homeland Security Act of 2002, also charges the Secretary with 
establishing and administering rules governing the granting of visas or 
other forms of permission to enter the United States to individuals who 
are not a citizen, or an alien lawfully admitted for permanent 
residence in the United States. See Public Law 107-296, 116 Stat. 2135, 
6 U.S.C. 202(4). With respect to nonimmigrants in particular, the INA 
provides that the admission to the United States of any alien as a 
nonimmigrant shall be for such time and under such conditions as the 
Secretary may by regulations prescribe. See INA section 214(a)(1), 8 
U.S.C. 1184(a)(1). The INA also tasks DHS with approving petitions 
filed by the importing employers of nonimmigrants, including those in 
the H nonimmigrant visa classification, before a nonimmigrant visa may 
be granted. See INA section 214(c)(1), 8 U.S.C. 1184(c)(1).
    Anticipated Cost and Benefits: DHS is currently considering the 
specific cost and benefit impacts of the proposed provisions.
    Timetable:

[[Page 11056]]



------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   09/00/23
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Undetermined.
    Government Levels Affected: Undetermined.
    Federalism: Undetermined.
    Agency Contact: Charles Nimick, Chief, Business and Foreign Workers 
Division, Office of Policy and Strategy, Department of Homeland 
Security, U.S. Citizenship and Immigration Services, 5900 Capital 
Gateway Drive, Suite 4S190, Camp Springs, MD 20588-0009, Phone: 240 
721-3000.
    RIN: 1615-AC76

DHS--USCIS

96.  Citizenship and Naturalization and Other Related 
Flexibilities [1615-AC80]

    Priority: Other Significant. Major status under 5 U.S.C. 801 is 
undetermined.
    Unfunded Mandates: Undetermined.
    Legal Authority: sec. 102 of the Homeland Security Act of 2002; 6 
U.S.C. 112(a)(3); 8 U.S.C. 1101; 8 U.S.C. 1103; 8 U.S.C. 1151; 8 U.S.C. 
1153; 8 U.S.C. 1154; 8 U.S.C. 1159; 8 U.S.C. 1182; 8 U.S.C. 1255; 8 
U.S.C. 1401; 8 U.S.C. 1409; 8 U.S.C. 1421; 8 U.S.C. 1423; 8 U.S.C. 
1427; 8 U.S.C. 1429 to 1431; 8 U.S.C. 1433; 8 U.S.C. 1435; 8 U.S.C. 
1438 to 1440; 8 U.S.C. 1443; 8 U.S.C. 1445 to 1449; 8 U.S.C. 1452; 8 
U.S.C. 1454; 8 U.S.C. 1481
    CFR Citation: 8 CFR 1.2; 8 CFR 103; 8 CFR 106; 8 CFR 204; 8 CFR 
209; 8 CFR 245; 8 CFR 300; 8 CFR 306; 8 CFR 312; 8 CFR 316; 8 CFR 318; 
8 CFR 319; 8 CFR 320; 8 CFR 322; 8 CFR 324; 8 CFR 329; 8 CFR 333; 8 CFR 
334; 8 CFR 335; 8 CFR 336; 8 CFR 337; 8 CFR 338; 8 CFR 339; 8 CFR 341; 
8 CFR 343a; 8 CFR 349; . . .
    Legal Deadline: None.
    Abstract: The Department of Homeland Security (DHS) will propose to 
amend its regulations governing citizenship and naturalization. This 
includes clarifying the testing requirements, updating eligibility 
requirements, and proposing amendments to clarify definitions. DHS will 
also propose removing certain outdated provisions and amending other 
provisions to align with current statutory framework, such as updating 
the adoption-related regulatory provisions consistent with the 
Intercountry Adoption Universal Accreditation Act of 2012.
    Statement of Need: These proposed changes, some of which were 
requested by the public, are needed to improve the efficiency, 
effectiveness, accessibility, uniformity, and consistency of 
adjudications.
    Anticipated Cost and Benefits: DHS is currently considering the 
specific cost and benefit impacts of the proposed provisions.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   07/00/23
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Undetermined.
    Government Levels Affected: Undetermined.
    Federalism: Undetermined.
    Agency Contact: Mark Phillips, Residence and Naturalization 
Division Chief, Department of Homeland Security, U.S. Citizenship and 
Immigration Services, Office of Policy and Strategy, 5900 Capital 
Gateway Drive, Suite 4S190, Camp Springs, MD 20588-0009, Phone: 240 
721-3000.
    RIN: 1615-AC80

DHS--USCIS

97.  Relief Under the Violence Against Women Act of 1994 and 
Subsequent Legislation [1615-AC81]

    Priority: Other Significant. Major status under 5 U.S.C. 801 is 
undetermined.
    Unfunded Mandates: Undetermined.
    Legal Authority: 8.U.S.C. 1103; 8 U.S.C. 1154; 8 U.S.C. 1155; 8 
U.S.C. 1182; 8 U.S.C. 1183a; 8 U.S.C. 1186; 8 U.S.C. 1324a; 8 U.S.C. 
1225; 8 U.S.C. 1255; . . .
    CFR Citation: 8 CFR 103; 8 CFR 204; 8 CFR 205; 8 CFR 213a; 8 CFR 
216; 8 CFR 245; 8 CFR 274a; . . .
    Legal Deadline: None.
    Abstract: This proposed rule would amend regulations governing 
self-petitions for immigrant classification and related relief 
available to certain spouses, children, and parents who have been 
subjected to battery or extreme cruelty by their U.S. citizen spouses, 
parents, sons, or daughters, or lawful permanent resident spouses or 
parents. DHS also proposes to amend regulations governing petitions to 
remove conditions on permanent residence in which conditional permanent 
residents (CPR) request a waiver of the joint filing requirement due to 
battery or extreme cruelty by their U.S. citizen or lawful permanent 
resident (LPR) spouses or parents.
    Statement of Need: The Violence Against Women Act of 1994 (VAWA) 
provides noncitizens who have been abused by their U.S. citizen or 
lawful permanent resident relative the ability to independently 
petition for themselves for immigrant classification without the 
abuser's knowledge, consent, or participation in the immigration 
process. Current VAWA regulations, which were codified to implement the 
Immigration Act of 1990 and the Violence Against Women Act of 1994, 
were published in the Federal Register on May 16, 1991, and March 26, 
1996. Subsequently, Congress has reauthorized VAWA through the Victims 
of Trafficking and Violence Protection Act of 2000, the Violence 
Against Women and Department of Justice Reauthorization Act of 2005 and 
the Violence Against Women and Department of Justice Reauthorization 
Act of 2005 Technical Amendments, and the Violence Against Women 
Reauthorization Act of 2013. This rule is necessary to update USCIS 
regulations to comport with these subsequent reauthorizations of VAWA. 
The amendments contained in this proposed rule would reflect the 
subsequent legislative enactments and incorporate current USCIS policy.
    Anticipated Cost and Benefits: DHS is currently considering the 
specific cost and benefit impacts of the proposed provisions.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   09/00/23
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Undetermined.
    Government Levels Affected: Undetermined.
    Federalism: Undetermined.
    Agency Contact: Rena Cutlip-Mason, Chief, Division of Humanitarian 
Affairs, OP&S, Department of Homeland Security, U.S. Citizenship and 
Immigration Services, 5900 Capital Gateway Drive, Camp Springs, MD 
20746, Phone: 240 721-3000.
    RIN: 1615-AC81

DHS--USCIS

Final Rule Stage

98. Security Bars and Processing [1615-AC57]

    Priority: Other Significant.
    Legal Authority: Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996 (``IIRIRA''), Pub. L. 104-208, 110 Stat. 
3009, sec. 604(a) (codified at INA 208(b)(2)(C), 8 U.S.C. 
1158(b)(2)(C)); INA 241(b)(3)(B), 8 U.S.C. 1231(b)(3)(B); Foreign 
Affairs

[[Page 11057]]

Reform and Restructuring Act (``FARRA''), Pub. L. 105-277, 112 Stat. 
2681-822, sec. 2242 (1998); INA 235(b), 8 U.S.C. 1225(b)
    CFR Citation: 8 CFR 208; 8 CFR 1208.
    Legal Deadline: None.
    Abstract: On December 23, 2020, DHS and the DOJ (collectively, the 
Departments) published a final rule to clarify that the danger to the 
security of the United States statutory bar to eligibility for asylum 
and withholding of removal encompasses certain emergency public health 
concerns and make certain other changes. As of December 28, 2021, the 
rule's effective date was delayed to December 31, 2022. The Departments 
plan to further delay the effective date and to propose modification or 
withdrawal of the December 23, 2020, rule.
    Statement of Need: The Departments are reviewing and reconsidering 
whether the Security Bars and Processing final rule is consistent with 
the goals of ensuring the safe and orderly reception and processing of 
asylum seekers consistent with public health and safety, with the 
additional context of the complex relationship between the Procedures 
for Asylum and Withholding of Removal; Credible Fear and Reasonable 
Fear Review final rule (RINs 1125-AA94 and 1615-AC42) and the Security 
Bars rule. The Departments are reevaluating whether the Security Bars 
rule provides the most appropriate and effective framework for 
achieving its goals of mitigating the spread of communicable diseases, 
including COVID-19, among certain noncitizens in the credible fear 
screening process, as well as DHS personnel and the public. Based on 
such reconsideration, the Departments will publish rules to delay the 
effective date of the Security Bars rule and propose to modify or 
withdraw the Security Bars rule.
    Anticipated Cost and Benefits: DHS is currently considering the 
specific cost and benefit impacts of the proposed provisions.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   07/09/20  85 FR 41201
NPRM Comment Period End.............   08/10/20
Final Action........................   12/23/20  85 FR 84160
Final Action Effective..............   01/22/21
Final Rule; Delay of Effective Date.   01/25/21  86 FR 6847
Final Rule; Effective Date Delayed     03/22/21
 Until.
Interim Final Rule; Delay of           03/22/21  86 FR 15069
 Effective Date.
Interim Final Rule Comment Period      04/21/21
 End.
Interim Final Rule Effective Date      12/31/21
 Delayed Until.
Interim Final Rule; Delay of           12/28/21  86 FR 73615
 Effective Date.
Interim Final Rule Comment Period      02/28/22
 End.
Interim Final Rule Effective Date      12/31/22
 Delayed Until.
NPRM................................   02/00/23
Interim Final Rule; Delay of           12/00/22
 Effective Date.
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Government Levels Affected: None.
    URL For More Information: www.regulations.gov.
    URL For Public Comments: www.regulations.gov.
    Agency Contact: Ashley Caudill-Mirillo, Acting Asylum Division, 
Office of Refugee, Asylum, and International Operations, Department of 
Homeland Security, U.S. Citizenship and Immigration Services, 5900 
Capital Gateway Drive, Camp Springs, MD 20746, Phone: 240 721-3000.
    Related RIN: Related to 1125-AB08, Related to 1615-AC69
    RIN: 1615-AC57

DHS--U.S. COAST GUARD (USCG)

Proposed Rule Stage

99. Cybersecurity in the Marine Transportation System [1625-AC77]

    Priority: Other Significant. Major status under 5 U.S.C. 801 is 
undetermined.
    Legal Authority: 46 U.S.C. 70101; 46 U.S.C. 70102; 46 U.S.C. 70104; 
46 U.S.C. 70124; . . .
    CFR Citation: 33 CFR 101; . . .
    Legal Deadline: None.
    Abstract: The Coast Guard proposes to update its maritime security 
regulations by adding cybersecurity requirements to existing Maritime 
Security regulations in 33 CFR part 101 et seq. This proposed 
rulemaking is part of an ongoing effort to address emerging 
cybersecurity risks and threats to maritime security by including 
additional security requirements to safeguard the marine transportation 
system.
    Statement of Need: The purpose of this rulemaking is to set minimum 
cybersecurity requirements for vessels and facilities to safeguard the 
Marine Transportation System (MTS) from cybersecurity vulnerabilities.
    Summary of Legal Basis: The Coast Guard exercises the Maritime 
Transportation Security Act of 2002 (MTSA) authorities of Chapter 701 
of Title 46 of the U.S. Code. This includes the authority to promulgate 
Chapter 701 regulations under 46 U.S.C. 70124. This statute provides 
that the DHS Secretary may issue regulations necessary to implement 
Chapter 701 of Title 46.
    Anticipated Cost and Benefits: The regulatory analysis for the 
proposed rule is still being developed.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   06/00/23
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Undetermined.
    Government Levels Affected: Undetermined.
    Agency Contact: Frank Strom, Chief, Systems Engineering Division 
(CG-ENG-3), Department of Homeland Security, U.S. Coast Guard, Office 
of Design and Engineering Standards, 2703 Martin Luther King Jr. Avenue 
SE, STOP 7509, Washington, DC 20593-7509, Phone: 202 372-1375, Email: 
[email protected].
    RIN: 1625-AC77

DHS--USCG

100. MARPOL Annex VI; Prevention of Air Pollution From Ships [1625-
AC78]

    Priority: Other Significant.
    Legal Authority: 33 U.S.C. 1903
    CFR Citation: 33 CFR 151.
    Legal Deadline: None.
    Abstract: The Coast Guard is proposing regulations to carry out the 
provisions of Annex VI of the MARPOL Protocol, which is focused on the 
prevention of air pollution from ships. The Act to Prevent Pollution 
from Ships has already given direct effect to most provisions of Annex 
VI, and the Coast Guard and the Environmental Protection Agency have 
carried out some Annex VI provisions through previous rulemakings. This 
proposed rule would fill gaps in the existing framework for carrying 
out the provisions of Annex VI. Chapter 4 of Annex VI contains 
shipboard energy efficiency measures that include short-term measures 
reducing carbon emissions linked to climate change and supports 
Administration goals outlined in Executive Order 14008 titled Tackling 
the Climate Crisis at Home and Abroad. This proposed rule would apply 
to U.S.-flagged ships. It would also apply to

[[Page 11058]]

foreign-flagged ships operating either in U.S. navigable waters or in 
the U.S. Exclusive Economic Zone.
    Statement of Need: The Coast Guard is proposing regulations to 
carry out the provisions of Annex VI of the MARPOL Protocol, which is 
focused on the prevention of air pollution from ships. The Act to 
Prevent Pollution from Ships has already given direct effect to most 
provisions of Annex VI, and the Coast Guard and the Environmental 
Protection Agency have carried out some Annex VI provisions through 
previous rulemakings. This proposed rule would fill gaps in the 
existing framework for carrying out the provisions of Annex VI and 
explain how the United States has chosen to carry out certain 
discretionary aspects of Annex VI. This proposed rule would apply to 
U.S.-flagged ships. And it would also apply to foreign-flagged ships 
operating in U.S. navigable waters or in the U.S. Exclusive Economic 
Zone.
    Summary of Legal Basis: Section 4 of the Act to Prevent Pollution 
from Ships (Pub. L. 96-478, Oct. 21, 1980, 94 Stat 2297), as reflected 
in 33 U.S.C. 1903, directs the Secretary of Homeland Security to 
prescribe any necessary or desired regulations to carry out the 
provisions of the MARPOL Protocol. The ``MARPOL Protocol'' is defined 
in 33 U.S.C. 1901 and includes Annex VI of the International Convention 
for the Prevention of Pollution from Ships, 1973.
    Anticipated Cost and Benefits: USCG anticipates the costs for the 
proposed rule to come primarily from additional labor for 5 
requirements including overseeing surveys; developing and maintaining a 
fuel-switching procedure; recording various data during each fuel 
switching; developing and managing a Volatile organic compounds (VOC) 
management plan; crew member to calculate and report the attained 
Energy Efficient Design Index (EEDI) of the vessel, and crew member to 
develop and maintain the Ship Energy Efficiency Management Plan 
(SEEMP). USCG expects the proposed rule to have unquantified benefits 
from reduction in fatalities and injuries due to pollutant in engine 
emissions, and also reduced risk of retaliation due to breaching 
international agreement.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   10/00/23
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Government Levels Affected: None.
    Federalism: Undetermined.
    Agency Contact: Frank Strom, Chief, Systems Engineering Division 
(CG-ENG-3), Department of Homeland Security, U.S. Coast Guard, Office 
of Design and Engineering Standards, 2703 Martin Luther King Jr. Avenue 
SE, STOP 7509, Washington, DC 20593-7509, Phone: 202 372-1375, Email: 
[email protected].
    RIN: 1625-AC78

DHS--U.S. CUSTOMS AND BORDER PROTECTION (USCBP)

Proposed Rule Stage

101. Advance Passenger Information System: Electronic Validation of 
Travel Documents [1651-AB43]

    Priority: Other Significant.
    Legal Authority: 49 U.S.C. 44909; 8 U.S.C. 1221
    CFR Citation: 19 CFR 122.
    Legal Deadline: None.
    Abstract: U.S. Customs and Border Protection (CBP) regulations 
require commercial air carriers to electronically transmit passenger 
information to CBP's Advance Passenger Information System (APIS) prior 
to an aircraft's arrival in or departure from the United States. CBP 
proposes to amend these regulations to incorporate additional carrier 
requirements that will enable CBP to validate each passenger's travel 
documents prior to the passenger boarding the aircraft. This proposed 
rule would also require air carriers to transmit additional data 
elements through APIS for all commercial aircraft passengers arriving 
in the United States in order to support border operations and national 
security. The collection of additional data elements will support the 
efforts of the Centers for Disease Control, within the Department of 
Health and Human Services, to monitor and contact-trace health 
incidents. This rule is consistent with Executive Order 14058, which 
directs agencies to take actions that improve service delivery and 
customer experience by decreasing administrative burdens, enhancing 
transparency, and improving the efficiency and effectiveness of 
government.
    Statement of Need: Current regulations require U.S. citizens and 
foreign travelers entering and leaving the United States via air travel 
to submit travel documents containing biographical information, such as 
a passenger's name and date of birth. For security purposes, CBP 
compares the information on passengers' documents to various databases 
and the terrorist watch list through APIS. While in the case of 
security threats CBP may require an air carrier to deny boarding to the 
passenger. CBP recommends that air carriers deny boarding to those 
likely to be deemed inadmissible upon arrival in the United States. To 
further improve CBP's vetting processes with respect to identifying and 
preventing passengers with fraudulent or improper documents from 
traveling to or leaving the United States, CBP proposes to require 
carriers to receive from CBP a message that would state whether CBP 
matched the travel documents of each passenger to a valid, authentic 
travel document prior to departure to the United States from a foreign 
port or place or departure from the United States. The proposed rule 
also would require carriers to submit passenger contact information 
while in the United States to CBP through APIS. Submission of such 
information would enable CBP to identify and interdict individuals 
posing a risk to border, national, and aviation safety and security 
more quickly. Collecting these additional data elements would also 
enable CBP to further assist CDC to monitor and trace the contacts of 
those involved in serious public health incidents upon CDC request. 
Additionally, the proposed rule would allow carriers to include the 
aircraft tail number in their electronic messages to CBP and make 
technical changes to conform with current practice.
    Anticipated Cost and Benefits: The proposed rule would result in 
costs to CBP, air carriers, and passengers for additional time spent 
coordinating to resolve a passenger's status should there be a security 
issue upon checking in for a flight. In addition, CBP will incur costs 
for technological improvements to its systems. CBP, air carriers, and 
passengers would benefit from reduced passenger processing times during 
customs screening. Unquantified benefits would result from greater 
efficiency in passenger processing pre-flight, improved national 
security, and fewer penalties for air carriers following entry denial 
of a passenger.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   12/00/22
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Government Levels Affected: None.
    Agency Contact: Robert Neumann, Program Manager, Office of Field 
Operations, Department of Homeland Security, U.S. Customs and Border 
Protection, 1300 Pennsylvania Avenue NW, Washington, DC 20229, Phone: 
202 412-2788, Email: [email protected].

[[Page 11059]]

    RIN: 1651-AB43

DHS--TRANSPORTATION SECURITY ADMINISTRATION (TSA)

Prerule Stage

102. Enhancing Surface Cyber Risk Management [1652-AA74]

    Priority: Other Significant.
    Legal Authority: 49 U.S.C. 114
    CFR Citation: 49 CFR 1570.
    Legal Deadline: None.
    Abstract: On July 28, 2021, the President issued the National 
Security Memorandum on Improving Cybersecurity for Critical 
Infrastructure Control Systems. In response to the ongoing threat to 
pipeline systems, TSA used its authority under 49 U.S.C. 114 to issue 
emergency security directives to owners and operators of TSA-designated 
critical pipelines that transport hazardous liquids and natural gas to 
implement a number of urgently needed protections against cyber 
intrusions. TSA also issued security directives in the freight, 
passenger, and transit-rail sectors under the same statutory authority. 
TSA is committed to enhancing and sustaining industry's resilience to 
cybersecurity attacks. TSA intends to issue a rulemaking that will 
permanently codify critical cybersecurity requirements for pipeline and 
rail modes.
    Statement of Need: This rulemaking is necessary to address the 
ongoing cybersecurity threat to U.S. transportation modes.
    Anticipated Cost and Benefits: TSA is in the process of determining 
the costs and benefits of this rulemaking.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
ANPRM...............................   11/30/22  87 FR 73527
ANPRM Comment Period End............   01/17/23
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Undetermined.
    Government Levels Affected: Undetermined.
    Agency Contact: Victor Parker, Chief, Policy Development Section, 
Surface Division, Department of Homeland Security, Transportation 
Security Administration, Policy, Plans and Engagement, 6595 Springfield 
Center Drive, Springfield, VA 20598-6028, Phone: 571 227-3664, Email: 
[email protected].
    James Ruger, Chief Economist, Economic Analysis Branch-Coordination 
& Analysis Division, Department of Homeland Security, Transportation 
Security Administration, Policy, Plans, and Engagement, 6595 
Springfield Center Drive, Springfield, VA 20598-6028, Phone: 571 227-
5519, Email: [email protected].
    David Kasminoff, Senior Counsel, Regulations and Security 
Standards, Department of Homeland Security, Transportation Security 
Administration, Chief Counsel's Office, 6595 Springfield Center Drive, 
Springfield, VA 20598-6002, Phone: 571 227-3583, Email: 
[email protected].
    RIN: 1652-AA74

DHS--TSA

Proposed Rule Stage

103. Vetting of Certain Surface Transportation Employees [1652-AA69]

    Priority: Other Significant. Major status under 5 U.S.C. 801 is 
undetermined.
    Unfunded Mandates: Undetermined.
    Legal Authority: 49 U.S.C. 114; Public Law 108-90, sec. 520; Pub. 
L. 110-53, secs. 1411, 1414, 1512, 1520, 1522, and 1531
    CFR Citation: Not Yet Determined.
    Legal Deadline: Other, Statutory, August 3, 2008, Background and 
immigration status check for all public transportation frontline 
employees is due no later than 12 months after date of enactment. 
Sections 1411 and 1520 of Public Law 110-53, Implementing 
Recommendations of the 9/11 Commission Act of 2007 (9/11 Act), (121 
Stat. 266, Aug. 3, 2007), require background checks of frontline public 
transportation and railroad employees not later than one year from the 
date of enactment. Requirement will be met through regulatory action.
    Abstract: The 9/11 Act requires vetting of certain railroad, public 
transportation, and over-the-road bus employees. Also, 6 U.S.C. 469 
requires TSA to collect fees to recover the costs of the vetting 
services. Through this rulemaking, the Transportation Security 
Administration (TSA) intends to propose the standards and procedures to 
conduct the required vetting and recover costs. This regulation is 
related to 1652-AA55, Security Training for Surface Transportation 
Employees.
    Statement of Need: Employee vetting is an important and effective 
tool for averting or mitigating potential attacks by those with 
malicious intent who may target surface transportation and plan or 
perpetrate actions that may cause significant injuries, loss of life, 
or economic disruption.
    Anticipated Cost and Benefits: The vetting of freight rail, public 
transportation, and over-the-road bus employees covered under the rule 
will result in costs to TSA and to industry. TSA is proposing to 
establish fees to recover vetting costs. TSA also anticipates ancillary 
costs (e.g., updating contact information, compliance inspections) 
associated with compliance with the rule. Anticipated benefits include 
reducing security risks by identifying and/or mitigating potential 
insider threats through vetting.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   12/00/22
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Undetermined.
    Small Entities Affected: Businesses.
    Government Levels Affected: Local.
    URL For More Information: www.regulations.gov.
    URL For Public Comments: www.regulations.gov.
    Agency Contact: Victor Parker, Chief, Policy Development Section, 
Surface Division, Department of Homeland Security, Transportation 
Security Administration, Policy, Plans and Engagement, 6595 Springfield 
Center Drive, Springfield, VA 20398-6028, Phone: 571 227-3664, Email: 
[email protected].
    James Ruger, Chief Economist, Economic Analysis Branch-Coordination 
& Analysis Division, Department of Homeland Security, Transportation 
Security Administration, Policy, Plans, and Engagement, 6595 
Springfield Center Drive, Springfield, VA 20598-6028, Phone: 571 227-
5519, Email: [email protected].
    Christine Beyer, Senior Counsel, Regulations and Security 
Standards, Department of Homeland Security, Transportation Security 
Administration, Chief Counsel's Office, 6595 Springfield Center Drive, 
Springfield, VA 20598-6002, Phone: 571 227-3653, Email: 
[email protected].
    Related RIN: Related to 1652-AA55, Related to 1652-AA56
    RIN: 1652-AA69

DHS--TSA

104. Amending Vetting Requirements for Employees With Access to a 
Security Identification Display Area (SIDA) [1652-AA70]

    Priority: Other Significant. Major status under 5 U.S.C. 801 is 
undetermined.
    Unfunded Mandates: Undetermined.
    Legal Authority: Pub. L. 114-190, sec. 3405

[[Page 11060]]

    CFR Citation: 49 CFR 1542.209; 49 CFR 1544.229.
    Legal Deadline: Final, Statutory, January 11, 2017, Rule for 
individuals with unescorted access to any Security Identification 
Display Area (SIDA) due 180 days after date of enactment. Section 3405 
of title III of the FAA Extension, Safety, and Security Act of 2016 
(FESSA) Extension, Public Law 114-190 (130 Stat. 615, July 15, 2016), 
requires the Transportation Security Administration (TSA) to revise the 
regulations issued under 49 U.S.C. 44936 within 180 days after the date 
of enactment.
    Abstract: As required by the FESSA, TSA will propose a rule to 
revise its regulations, reflecting current knowledge of insider threat 
and intelligence, to enhance the eligibility requirements and 
disqualifying criminal offenses for individuals seeking or having 
unescorted access to any SIDA of an airport. Consistent with the 
statutory mandate, TSA will consider adding to the list of 
disqualifying criminal offenses and criteria, develop an appeal and 
waiver process for the issuance of credentials for unescorted access, 
and propose an extension of the lookback period for disqualifying 
crimes. As part of TSA's reevaluation of the eligibility and redress 
standards for aviation workers required by the Act, TSA is also 
reevaluating the current vetting process to minimize any security risks 
that may exist.
    Statement of Need: Employee vetting is an important and effective 
tool for averting or mitigating potential attacks by those with 
malicious intent who wish to target aviation and plan or perpetrate 
actions that may cause significant injuries, loss of life, or economic 
disruption. Enhancing eligibility standards for airport workers will 
improve transportation and national security.
    Anticipated Cost and Benefits: TSA anticipates costs associated 
with implementing and administering revised aspects of aviation vetting 
including potential changes to the list of disqualifying criminal 
offenses, the lookback period for convictions, and new waiver 
eligibility. Anticipated benefits include reducing security risks 
through enhanced vetting of aviation workers while also providing 
greater flexibility and access through waivers as well as increased 
efficiencies of the vetting process.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   11/00/23
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Small Entities Affected: Businesses.
    Government Levels Affected: Undetermined.
    Federalism: Undetermined.
    Agency Contact: Kevin Knott, Branch Manager, Airports Policy 
Branch-Aviation Division, Department of Homeland Security, 
Transportation Security Administration, Policy, Plans, and Engagement, 
6595 Springfield Center Drive, Springfield, VA 20598-6028, Phone: 571 
227-4370, Email: [email protected].
    James Ruger, Chief Economist, Economic Analysis Branch-Coordination 
& Analysis Division, Department of Homeland Security, Transportation 
Security Administration, Policy, Plans, and Engagement, 6595 
Springfield Center Drive, Springfield, VA 20598-6028, Phone: 571 227-
5519, Email: [email protected].
    Christine Beyer, Senior Counsel, Regulations and Security 
Standards, Department of Homeland Security, Transportation Security 
Administration, Chief Counsel's Office, 6595 Springfield Center Drive, 
Springfield, VA 20598-6002, Phone: 571 227-3653, Email: 
[email protected].
    Related RIN: Related to 1652-AA11
    RIN: 1652-AA70

DHS--TSA

Final Rule Stage

105. Flight Training Security Program [1652-AA35]

    Priority: Other Significant.
    Legal Authority: 6 U.S.C. 469(b); 49 U.S.C. 114; 49 U.S.C. 44939; 
49 U.S.C. 46105
    CFR Citation: 49 CFR 1552.
    Legal Deadline: Final, Statutory, February 10, 2004, sec. 612(a) of 
Vision 100 requires the Transportation Security Administration (TSA) to 
issue an interim final rule within 60 days of enactment of Vision 100. 
Requires TSA to establish a process to implement the requirements of 
section 612(a) of Vision 100-Century of Aviation Reauthorization Act 
(Pub. L. 108-176, 117 Stat. 2490, Dec. 12, 2003) (Vision 100 Act), 
including the fee provisions, not later than 60 days after the 
enactment of the Act.
    Abstract: An Interim Final Rule (IFR) published and effective on 
September 20, 2004, transferred responsibility for the vetting of 
flight school candidates from the Department of Justice to TSA, with 
certain modifications to the program, as required by the Vision 100 
Act. This IFR applied to training providers and to individuals who 
apply for or receive flight training. Flight schools are required to 
notify TSA when non-U.S. citizens, non-U.S. nationals, and other 
individuals designated by TSA, apply for flight training or recurrent 
flight training. TSA issued exemptions and interpretations in response 
to comments on the IFR and questions raised during operation of the 
program since 2004. TSA published a notice reopening the comment period 
on May 18, 2018. Based on the comments and questions received, TSA is 
finalizing the rule and considering modifications that would change the 
frequency of security threat assessments from a high-frequency event-
based interval to a time-based interval, clarify the definitions and 
other provisions of the rule, and enable industry to use TSA-provided 
electronic recordkeeping systems for all documents required to 
demonstrate compliance with the rule.
    Statement of Need: In the years since TSA published the IFR, 
members of the aviation industry, the public, and Federal oversight 
organizations have identified areas where the Flight Training Security 
Program (formerly the Alien Flight Student Program) could be improved. 
TSA's internal procedures and processes for vetting applicants also 
have advanced through technology and other enhancements. Publishing a 
final rule that addresses external recommendations and aligns with 
modern TSA vetting practices would streamline the Flight Training 
Security Program application, vetting, and recordkeeping process for 
all parties involved.
    Anticipated Cost and Benefits: TSA is considering revising the 
requirements of the Flight Training Security Program to reduce costs 
and industry burden. One action TSA is considering is an electronic 
recordkeeping platform where all flight training providers would upload 
certain information to a TSA-managed website (https://fts.tsa.dhs.gov/
). Also at industry's request, TSA is considering changing the interval 
for a Security Threat Assessment of each non-U.S. citizen and non-U.S. 
national flight student, by eliminating the requirement for a Security 
Threat Assessment for each separate training event. This change would 
result in an annual savings, although there may be additional start-up 
and record retention costs for the agency as a result of this revision. 
The change in the interval of the Security Threat Assessment would 
result in immediate cost savings to flight providers and students who 
are neither U.S. citizens nor U.S. nationals without compromising the 
security process.

[[Page 11061]]

    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Interim Final Rule; Request for        09/20/04  69 FR 56324
 Comments.
Interim Final Rule Effective........   09/20/04  .......................
Interim Final Rule; Comment Period     10/20/04  .......................
 End.
Notice-Information Collection; 60-     11/26/04  69 FR 68952
 Day Renewal.
Notice-Information Collection; 30-     03/30/05  70 FR 16298
 Day Renewal.
Notice-Information Collection; 60-     06/06/08  73 FR 32346
 Day Renewal.
Notice-Information Collection; 30-     08/13/08  73 FR 47203
 Day Renewal.
Notice-Alien Flight Student Program    04/13/09  74 FR 16880
 Recurrent Training Fees.
Notice-Information Collection; 60-     09/21/11  76 FR 58531
 Day Renewal.
Notice-Information Collection; 30-     01/31/12  77 FR 4822
 Day Renewal.
Notice-Information Collection; 60-     03/10/15  80 FR 12647
 Day Renewal.
Notice-Information Collection; 30-     06/18/15  80 FR 34927
 Day Renewal.
IFR; Comment Period Reopened........   05/18/18  83 FR 23238
IFR; Comment Period Reopened End....   06/18/18  .......................
Notice-Information Collection; 60-     07/06/18  83 FR 31561
 Day Renewal.
Notice-Information Collection; 30-     10/31/18  83 FR 54761
 Day Renewal.
Final Rule..........................   03/00/23  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Government Levels Affected: None.
    URL For More Information: www.regulations.gov.
    URL For Public Comments: www.regulations.gov.
    Agency Contact: Stephanie Hamilton, Manager, Vetting Programs 
Branch, Department of Homeland Security, Transportation Security 
Administration, Enrollment Services & Vetting Programs, 6595 
Springfield Center Drive, Springfield, VA 20598-6010, Phone: 571 227-
2851, Email: [email protected].
    James Ruger, Chief Economist, Economic Analysis Branch-Coordination 
& Analysis Division, Department of Homeland Security, Transportation 
Security Administration, Policy, Plans, and Engagement, 6595 
Springfield Center Drive, Springfield, VA 20598-6028, Phone: 571 227-
5519, Email: [email protected].
    David Ross, Attorney-Advisor, Regulations and Security Standards, 
Department of Homeland Security, Transportation Security 
Administration, Chief Counsel's Office, 6595 Springfield Center Drive, 
Springfield, VA 20598-6002, Phone: 571 227-2465, Email: 
[email protected].
    Related RIN: Related to 1652-AA61
    RIN: 1652-AA35

DHS--U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT (USICE)

Final Rule Stage

106. Immigration Bond Notifications and Electronic Service [1653-AA85]

    Priority: Other Significant. Major status under 5 U.S.C. 801 is 
undetermined.
    Legal Authority: Government Paperwork Elimination Act, 44 U.S.C. 
3504 note; Electronic Signatures in Global and National Commerce Act, 
15 U.S.C. 7001 to 7031; 8 U.S.C. 1103(a)(3)
    CFR Citation: 8 CFR 103.
    Legal Deadline: None.
    Abstract: DHS is revising regulations that authorize the means to 
serve decisions and other notices in-person or by mail, to include 
electronic and other means of service. This rule is consistent with 
Executive Order 14058, which directs agencies to take actions that 
improve service delivery and customer experience by decreasing 
administrative burdens, enhancing transparency, and improving the 
efficiency and effectiveness of government. Current regulations limit 
ICE, a component of DHS, to serve documents in-person, or by certified, 
registered, or ordinary mail, which is time consuming, inefficient, and 
unreliable.
    This interim final rule would enable ICE to issue and serve certain 
notices, decisions, and other documents electronically to noncitizens, 
parties, attorneys, or other persons of interest who voluntarily opt-in 
to be served electronically. The intent is to improve convenience, 
transparency, and provide quicker information and communication to both 
the public and the government. This interim final rule would also 
permit ICE to issue bond-related notifications to obligors 
electronically for immigration bonds.The ICE transition to electronic 
notifications for bond-related documents is part of an electronic bonds 
system ICE developed to simplify the posting of bonds.
    Statement of Need: This interim final rule is needed for ICE to 
begin transforming from a paper environment to electronic or other 
means to streamline processes and increase efficiency.
    Anticipated Cost and Benefits: ICE is in the process of assessing 
the anticipated impacts of this rule. This interim final rule is 
expected to result in cost-savings and benefits to both the government 
and private parties due to the optional electronic servicing of bond-
related notifications, including expedited delivery, improved 
reliability, and other modernization features. It may impose nominal 
use and familiarization costs to those who elect to create accounts and 
use the system.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Interim Final Rule..................   10/00/23  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Undetermined.
    Government Levels Affected: None.
    Agency Contact: Sharon Hageman, Deputy Assistant Director, 
Department of Homeland Security, U.S. Immigration and Customs 
Enforcement, 500 12th Street SW, Mail Stop 5006, Washington, DC 20536, 
Phone: 202 732-6960, Email: [email protected].
    RIN: 1653-AA85

DHS--USICE

107. Optional Alternative to the Physical Examination Associated With 
Employment Eligibility Verification (Form I-9) [1653-AA86]

    Priority: Other Significant.
    Legal Authority: 8 U.S.C. 1101, 1103
    CFR Citation: 8 CFR 274a.
    Legal Deadline: None.
    Abstract: On August 18, 2022, DHS published a proposed rule that 
would revise employment eligibility verification regulations to allow 
the Secretary to authorize alternative document examination procedures 
in certain circumstances or with respect to certain employers. DHS 
explained that future exercises of such authority may reduce burdens on 
employers and employees while maintaining the integrity of the 
employment verification process. DHS will complete this rulemaking 
following review of public comments received. This rulemaking is 
consistent with Executive Order 14058, which directs agencies to take 
actions that improve service delivery and customer experience by 
decreasing administrative burdens, enhancing transparency, and 
improving the

[[Page 11062]]

efficiency and effectiveness of government.
    Statement of Need: DHS is exploring alternative options for 
examining employees' identity and employment authorization documents 
because of lessons learned during the COVID-19 pandemic, and because 
more employers are adopting telework and remote work arrangements as a 
result of advances in technology and new work arrangements where more 
employees work without physically reporting to a company location on a 
regular basis.
    Anticipated Cost and Benefits: DHS proposed allowing the Secretary 
to authorize alternative options for document examination procedures 
with respect to some or all employers when they are hired, have their 
employment authorization reverified, or rehired, as part of a pilot 
program, or as a temporary measure to address a public health emergency 
declared by the Secretary of Health and Human Services or a national 
emergency declared by the President. The rule does not itself implement 
an alternative procedure to physical examination, therefore DHS is 
unable to fully quantify the potential impacts due to a lack of 
information about the specifics of a possible future alternative 
procedure. DHS proposed changes to the Form I-9, Employment Eligibility 
Verification, and its accompanying instructions that would allow 
employers to indicate that alternative procedures were used (should 
such alternative procedures be authorized in the future). These changes 
would increase the time for employers to complete the form.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   08/18/22  87 FR 50786
NPRM Comment Period End.............   10/17/22  .......................
Final Rule..........................   05/00/23  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Government Levels Affected: None.
    URL For More Information: http://www.regulations.gov.
    URL For Public Comments: http://www.regulations.gov.
    Agency Contact: Sharon Hageman, Deputy Assistant Director, 
Department of Homeland Security, U.S. Immigration and Customs 
Enforcement, 500 12th Street SW, Mail Stop 5006, Washington, DC 20536, 
Phone: 202 732-6960, Email: [email protected].
    RIN: 1653-AA86

DHS--FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA)

Proposed Rule Stage

108. National Flood Insurance Program: Standard Flood Insurance Policy, 
Homeowner Flood Form [1660-AB06]

    Priority: Economically Significant. Major under 5 U.S.C. 801.
    Legal Authority: 42 U.S.C. 4001 et seq.
    CFR Citation: 44 CFR 61.
    Legal Deadline: None.
    Abstract: The National Flood Insurance Program (NFIP), established 
pursuant to the National Flood Insurance Act of 1968, is a voluntary 
program in which participating communities adopt and enforce a set of 
minimum floodplain management requirements to reduce future flood 
damages. Property owners in participating communities are eligible to 
purchase NFIP flood insurance. This proposed rule would revise the 
Standard Flood Insurance Policy by adding a new Homeowner Flood Form 
and five accompanying endorsements.
    The new Homeowner Flood Form would replace the Dwelling Form as a 
source of coverage for homeowners of one-to-four family residences. 
Together, the new Form and endorsements would more closely align with 
property and casualty homeowners' insurance and provide increased 
options and coverage in a more user-friendly and comprehensible format.
    Statement of Need: The National Flood Insurance Act requires FEMA 
to provide by regulation the general terms and conditions of 
insurability applicable to properties eligible for flood insurance 
coverage. 42 U.S.C. 4013(a). To comply with this requirement, FEMA 
adopts the Standard Flood Insurance Policy (SFIP) in regulation, which 
sets out the terms and conditions of insurance. See 44 CFR part 61, 
Appendix A. FEMA must use the SFIP for all flood insurance policies 
sold through the NFIP. See 44 CFR 61.13.
    The SFIP is a single-peril (flood) policy that pays for direct 
physical damage to insured property. There are currently three forms of 
the SFIP: the Dwelling Form, the General Property Form, and the 
Residential Condominium Building Association Policy (RCBAP) Form. The 
Dwelling Form insures a one-to-four family residential building or a 
single-family dwelling unit in a condominium building. See 44 CFR part 
61, Appendix A(1). Policies under the Dwelling Form offer coverage for 
building property, up to $250,000, and personal property up to 
$100,000. The General Property Form ensures a five-or-more family 
residential building or a non-residential building. See 44 CFR part 61, 
Appendix A(2). The General Property Form offers coverage for building 
and contents up to $500,000 each. The RCBAP Form insures residential 
condominium association buildings and offers building coverage up to 
$250,000 multiplied by the number of units and contents coverage up to 
$100,000 per building. See 44 CFR part 61, appendix A(3). RCBAP 
contents coverage insures property owned by the insured condominium 
association. Individual unit owners must purchase their own Dwelling 
Form policy in order to insure their own contents.
    FEMA last substantively revised the SFIP in 2000. See 65 FR 60758 
(Oct. 12, 2000). In 2020, FEMA published a final rule that made non-
substantive clarifying and plain language improvements to the SFIP. See 
85 FR 43946 (July 20, 2020). However, many policyholders, agents, and 
adjusters continue to find the SFIP difficult to read and interpret 
compared to other, more modern, property and casualty insurance 
products found in the private market. Accordingly, FEMA proposes to 
adopt a new Homeowner Flood Form.
    The new Homeowner Flood Form, which FEMA proposes to add to its 
regulations at 44 CFR 61 appendix A(4), would protect property owners 
in a one-to-four family residence. Upon adoption, the Homeowner Flood 
Form would replace the Dwelling Form as a source of coverage for this 
class of residential properties. FEMA would continue to use the 
Dwelling Form to insure landlords, renters, and owners of mobile homes, 
travel trailers, and condominium units. Compared to the current 
Dwelling Form, the new Homeowner Flood Form would clarify coverage and 
more clearly highlight conditions, limitations, and exclusions in 
coverage as well as add and modify coverages and coverage options. FEMA 
also proposes adding to its regulations five endorsements to accompany 
the new Form: Increased Cost of Compliance Coverage, Actual Cash Value 
Loss Settlement, Temporary Housing Expense, Basement Coverage, and 
Builder's Risk. These endorsements, which FEMA proposes to codify at 44 
CFR 61 appendices A(101)-(105), respectively, would give policyholders 
the option of amending the Homeowner Flood Form to modify coverage with 
a commensurate adjustment to premiums charged. Together, the Homeowner 
Flood Form and accompanying endorsements would increase options

[[Page 11063]]

and coverage for owners of one-to-four family residences.
    FEMA intends that this new Form will be more user-friendly and 
comprehensible. As a result, the new Homeowner Flood Form and its 
accompanying endorsements would provide a more personalized, 
customizable product than the NFIP has offered during its 50 years. In 
addition to aligning with property and casualty homeowners' insurance, 
the result would increase consumer choice and simplify coverage.
    Anticipated Cost and Benefits: FEMA estimates that this rulemaking 
would result in an increase in transfer payments from policyholders to 
FEMA and insurance providers in the form of flood insurance premiums, 
and from FEMA to policyholders in the form of claims payments. 
Additionally, this rulemaking would result in benefits to 
policyholders, insurance providers, and FEMA, mostly through cost 
savings due to increased clarity and fulfillment of customer 
expectations through expanded coverage options. It would also help the 
NFIP better signal risk through premiums, reduce the need for Federal 
assistance, and increase resilience by enhancing mitigation efforts. 
Lastly, FEMA, States, and insurance providers will incur costs for 
implementation and familiarization of the rule.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   12/00/22  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Government Levels Affected: Federal.
    Agency Contact: Christine Merk, Lead Management and Program 
Analyst, Department of Homeland Security, Federal Emergency Management 
Agency, Insurance Analytics and Policy Branch, 400 C Street SW, 
Washington, DC 20472, Phone: 202 735-6324, Email: 
[email protected].
    RIN: 1660-AB06

DHS--FEMA

109. Individual Assistance Program Equity [1660-AB07]

    Priority: Economically Significant. Major under 5 U.S.C. 801.
    Legal Authority: 42 U.S.C. 5155; 42 U.S.C. 5174; 42 U.S.C. 5189a
    CFR Citation: 44 CFR 206.101; 44 CFR 206.110 to 206.115; 44 CFR 
206.117 to 206.119; 44 CFR 206.191.
    Legal Deadline: None.
    Abstract: The Federal Emergency Management Agency (FEMA) proposes 
to amend its Individual Assistance (IA) regulations to increase equity 
and ease of entry to the IA Program. To provide a full opportunity for 
underserved communities to participate in the Program, FEMA proposes to 
amend application of `safe, sanitary, and functional' for the 
Individuals and Households Program (IHP) Home Repair assistance; re-
evaluate the requirement to apply for a Small Business Administration 
loan prior to receipt of certain types of Other Needs Assistance (ONA); 
add eligibility criteria for its Serious Needs & Displacement 
Assistance; amend its requirements for Continued Temporary Housing 
Assistance; re-evaluate its approach to insurance proceeds; and amend 
its appeals process. FEMA also proposes revisions to reflect changes to 
statutory authority that have not yet been implemented in regulation, 
to include provisions for utility and security deposit payments, lease 
and repair of multi-family rental housing, child care assistance, 
maximum assistance limits, and waiver authority. Finally, FEMA proposes 
allowing self-employed individuals to receive assistance for essential 
tools under ONA, allowing certain home repair accessibility-related 
items, and allowing the reopening of the registration period when the 
President adds new counties to the major disaster declaration.
    Statement of Need: FEMA's Individuals and Households Program (IHP) 
regulations have not had a major review and update since section 206 of 
the Disaster Mitigation Act of 2000 replaced the Individual and Family 
Grant Assistance Program with the current IHP. Some minor changes to 
Repair Assistance were completed in 2013, but Congress has passed 
multiple other laws that have superseded portions of the regulations 
and created other programs or forms of assistance with no supporting 
regulations. FEMA proposes an update to the IHP regulations now to 
bring them up to date and address other lessons learned through the 
course of implementing the IHP in disasters much larger than any 
previously addressed at the time the regulations were first developed.
    Anticipated Cost and Benefits: FEMA estimates that this rulemaking 
would result in an increase in transfer payments from FEMA and States 
in the form of disaster assistance to individuals and households. It 
would also result in additional costs to States for familiarization of 
the rule and to FEMA and applicants for paperwork burden. The proposed 
rule would ensure disaster assistance is more equitably distributed and 
assist applicants to more quickly and fully recover from disasters by 
expanding eligibility for, and access to, certain types of assistance. 
Lastly, the rulemaking would improve clarity and align FEMA regulations 
with statutory changes improving the efficiency and the consistency of 
IHP assistance.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   02/00/23  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Government Levels Affected: Federal, Local, State.
    Agency Contact: Kristina McAlister, Supervisory Emergency 
Management Specialist (Recovery), Department of Homeland Security, 
Federal Emergency Management Agency, Individual Assistance Division 
Recovery Directorate, 500 C Street SW, Washington, DC 20472, Phone: 202 
604-8007, Email: [email protected].
    RIN: 1660-AB07

DHS--FEMA

110. Update of FEMA's Public Assistance Regulations [1660-AB09]

    Priority: Other Significant.
    Legal Authority: 42 U.S.C. 5121 to 5207
    CFR Citation: 44 CFR 206.
    Legal Deadline: None.
    Abstract: The Federal Emergency Management Agency (FEMA) proposes 
to revise its Public Assistance (PA) program regulations to reflect 
current statutory authorities and implement program improvements. The 
proposed rule would incorporate changes brought about by amendments to 
the Robert T. Stafford Disaster Relief and Emergency Assistance Act. 
FEMA is also proposing clarifications and corrections to improve the 
efficiency and consistency of the Public Assistance program.
    Statement of Need: The Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (Stafford Act), Public Law 100-707, 102 Stat. 
4689, authorizes the President to provide Federal assistance when the 
severity and magnitude of an incident or threatened incident, exceeds 
the affected State, local, Indian Tribal, and Territorial government's 
(SLTT's) capabilities to effectively respond or recover. 42 U.S.C. 5170 
and 5191. If the President declares an emergency or major disaster 
authorizing the Public Assistance

[[Page 11064]]

program, FEMA may award Public Assistance grants to assist SLTTs and 
certain private nonprofit (PNP) organizations so communities can 
quickly respond to and recover from the major disaster or emergency.
    FEMA proposes to amend its Public Assistance and Community Disaster 
Loan program regulations to incorporate statutory changes that have 
amended sections of the Stafford Act relating to Public Assistance and 
Community Disaster Loans and to improve program administration. These 
include the Post-Katrina Emergency Management Reform Act of 2006 
(PKEMRA), Public Law 109-295, 120 Stat. 1394, the Security and 
Accountability for Every Port Act of 2006 (SAFE Port Act), Public Law 
109-347, 120 Stat. 1884, the Pets Evacuation and Transportation 
Standards Act of 2006 (PETS Act), Public Law 109-308, 120 Stat. 1725, 
the Sandy Recovery Improvement Act of 2013 (SRIA), Public Law 113-2, 
127 Stat. 39, the Emergency Information Improvement Act of 2015, Public 
Law 114-111, 129 Stat. 2240, the Bipartisan Budget Act of 2018, Public 
Law 115-123, 132 Stat. 64, and the FAA Reauthorization Act of 2018, 
Division D, Disaster Recovery Reform Act of 2018 (DRRA), Public Law 
115-254, 132 Stat. 3438. FEMA also proposes to implement program 
improvements and make clarifications and corrections to existing 
regulations.
    Anticipated Cost and Benefits: FEMA estimates that this rulemaking 
would result in benefits to SLTTs and FEMA from improving clarity and 
aligning FEMA regulations with statutory changes and current practices. 
Such increased clarity and understanding would improve the efficiency 
and the consistency of FEMA's PA programs. Additionally, proposed 
improvements to State/Tribal administrative plans would better position 
SLTTs to respond to and to recover from emergencies and disasters. 
Lastly, FEMA estimates increases in costs for SLTTs due to additional 
paperwork burden and familiarization of the rule.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   03/00/23  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Government Levels Affected: Federal, Local, State, Tribal.
    Agency Contact: Ana Montero, Public Assistance Division Recovery 
Directorate, Department of Homeland Security, Federal Emergency 
Management Agency, 500 C Street SW, Washington, DC 20472-3100, Phone: 
202 646-3834, Email: [email protected].
    RIN: 1660-AB09

DHS--FEMA

111. Updates to Floodplain Management and Protection of Wetlands 
Regulations [1660-AB12]

    Priority: Other Significant.
    Legal Authority: 6 U.S.C. 101 et seq.; 42 U.S.C. 4001 et seq.; 42 
U.S.C. 4321 et seq.; E.O. 11988 of May 24, 1977, 42 FR 26951, 3 CFR, 
1977 Comp., p. 117; E.O. 11990 of May 24, 1977, 42 FR 26961, 3 CFR, 
1977 Comp., p. 121; E.O. 13690, 80 FR 6425; E.O. 14030, 86 FR 27967
    CFR Citation: 44 CFR 9.
    Legal Deadline: None.
    Abstract: Consistent with President Biden's Executive Order on 
Climate Related Financial Risk (E.O. 14030), the Federal Emergency 
Management Agency (FEMA) proposes to amend its regulations at 44 CFR 
part 9 Floodplain Management and Protection of Wetlands to incorporate 
amendments to Executive Order 11988 and the Federal Flood Risk 
Management Standard (FFRMS). The FFRMS is a flexible framework allowing 
agencies to choose among three approaches to define the floodplain and 
corresponding flood elevation requirements for federally funded 
projects. 44 CFR part 9 describes FEMA's process under Executive Order 
11988 for determining whether the proposed location for an action falls 
within a floodplain and how to complete the action in the floodplain, 
in light of the risk of flooding. The proposed rule would change how 
FEMA defines a floodplain with respect to certain actions. 
Additionally, under the proposed rule, FEMA would use natural systems, 
ecosystem process, and nature-based approaches, where practicable, when 
developing alternatives to locating the proposed action in the 
floodplain.
    Statement of Need: The United States is experiencing increased 
flooding and flood risk from changing conditions. The Federal Emergency 
Management Agency (FEMA) has not made significant updates to its 
regulations governing floodplain management to reflect the challenges 
faced because of increased flooding and changing conditions since 
initial publication in 1980. As a result, FEMA is now proposing to 
amend 44 CFR part 9, Floodplain Management and Protection of Wetlands, 
to implement the Federal Flood Risk Management Standard (FFRMS) and 
update the agency's 8-step process. The FFRMS is a flood resilience 
standard that is required for federally funded projects and provides a 
flexible framework to increase resilience against flooding and help 
preserve the natural values of floodplains and wetlands. A floodplain 
is any land area that is subject to flooding and refers to geographic 
features with undefined boundaries. 44 CFR part 9 describes the 8-step 
process FEMA uses to determine whether a proposed action would be 
located within or affect a floodplain, and if so, whether and how to 
continue with or modify the proposed action. Executive Order 11988, as 
amended, and the FFRMS changed the Executive Branch-wide guidance for 
defining the floodplain with respect to federally funded projects 
(i.e., actions involving the use of Federal funds for new construction, 
substantial improvement, or to address substantial damage to a 
structure or facility). This proposed rule would ensure that actions 
subject to the FFRMS are designed to be resilient to both current and 
future flood risks to minimize the impact of floods on human health, 
safety, and welfare and to protect Federal investments by reducing the 
risk of flood loss.
    Anticipated Cost and Benefits: FEMA estimates that this rulemaking 
would result in benefits to grant recipients (States, Local, Tribes, 
Territories, and Individuals) and to FEMA, mostly through the reduction 
in damage to properties and contents from future floods, potential 
lives saved, public health and safety benefits, reduced recovery time 
from floods, and increased community resilience to flooding. FEMA 
estimates project cost increases for FEMA and grant recipients due to 
increased elevation or floodproofing requirements of the proposed rule.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   03/00/23  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Government Levels Affected: Federal, Local, State, Tribal.
    Agency Contact: Portia Ross, Office of Environmental and Historic 
Preservation, Department of Homeland Security, Federal Emergency 
Management Agency, 400 C Street SW, Washington, DC 20472, Phone: 202 
646-2741, Email: [email protected].
    RIN: 1660-AB12


[[Page 11065]]



DHS--FEMA

Long-Term Actions

112. National Flood Insurance Program's Floodplain Management Standards 
for Land Management & Use, & an Assessment of the Program's Impact on 
Threatened and Endangered Species & Their Habitats [1660-AB11]

    Priority: Other Significant.
    Legal Authority: 42 U.S.C. 4001 et seq.
    CFR Citation: 44 CFR 59 to 60.
    Legal Deadline: None.
    Abstract: The Federal Emergency Management Agency (FEMA) issued a 
Request for Information to receive the public's input on revisions to 
the National Flood Insurance Program's (NFIP) floodplain management 
standards for land management and use regulations. FEMA's authority 
under the National Flood Insurance Act requires the agency to, from 
time to time, develop comprehensive criteria designed to encourage the 
adoption of adequate State and local measures. The agency is reviewing 
potential actions to better align the NFIP minimum floodplain 
management standards with our current understanding of flood risk, 
flood insurance premium rates, and risk reduction approaches to make 
communities safer, stronger, and more resilient to increased flooding. 
FEMA is considering revisions to the minimum standards to better 
protect people and property in a nuanced manner that balances community 
needs with the national scope of the NFIP while also incorporating 
opportunities for improving resilience in communities that have been 
historically underserved. The agency is also reviewing ways to further 
promote enhanced resilience efforts through the Community Rating System 
and to strengthen NFIP compliance with Section 7 of the Endangered 
Species Act.
    Statement of Need: FEMA issued this Request for Information to seek 
information from the public on the agency's current floodplain 
management standards to ensure the agency receives public input to 
inform any action to revise the NFIP minimum floodplain management 
standards.
    FEMA is also re-evaluating the implementation of the NFIP under the 
Endangered Species Act at the national level. FEMA is reviewing 
potential actions based on the comments received on this Request for 
Information to better align the NFIP minimum floodplain management 
standards with our current understanding of flood risk, flood insurance 
premium rates, and risk reduction approaches to make communities safer, 
stronger, and more resilient to increased flooding.
    Anticipated Cost and Benefits: FEMA is currently considering the 
cost and benefit impacts of potential proposed actions.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Request for Information.............   10/12/21  86 FR 56713
Announcement of Public Meetings.....   10/28/21  86 FR 59745
Announcement of Additional Public      11/22/21  86 FR 66329
 Meeting; Extension of Comment
 Period.
Request for Information Comment        01/27/22
 Period End..
                                     -----------------------------------
Next Action Undetermined............           To Be Determined
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Government Levels Affected: None.
    Additional Information: Docket ID FEMA-2021-0024.
    URL For More Information: http://www.regulations.gov.
    URL For Public Comments: http://www.regulations.gov.
    Agency Contact: Rachel Sears, Federal Insurance and Mitigation 
Administration, Department of Homeland Security, Federal Emergency 
Management Agency, 400 C Street SW, Washington, DC 20472, Phone: 202 
646-2977, Email: [email protected].
    RIN: 1660-AB11

DHS--CYBERSECURITY AND INFRASTRUCTURE SECURITY AGENCY (CISA)

Proposed Rule Stage

113. Ammonium Nitrate Security Program [1670-AA00]

    Priority: Other Significant. Major under 5 U.S.C. 801.
    Unfunded Mandates: This action may affect the private sector under 
Public Law 104-4.
    Legal Authority: 6 U.S.C. 488 et seq.
    CFR Citation: 6 CFR 31.
    Legal Deadline: NPRM, Statutory, May 26, 2008, Publication of 
Notice of Proposed Rulemaking. Final, Statutory, December 26, 2008, 
Publication of Final Rule.
    Abstract: The Cybersecurity and Infrastructure Security Agency 
(CISA) is proposing a rulemaking to implement the December 2007 
amendment to the Homeland Security Act titled ``Secure Handling of 
Ammonium Nitrate.'' This amendment requires the Department of Homeland 
Security to ``regulate the sale and transfer of ammonium nitrate by an 
ammonium nitrate facility . . . to prevent the misappropriation or use 
of ammonium nitrate in an act of terrorism.'' CISA previously issued a 
Notice of Proposed Rulemaking (NPRM) on August 3, 2011. CISA is 
planning to issue a Supplemental Notice of Proposed Rulemaking (SNPRM).
    Statement of Need: A Federal regulation governing the sale and 
transfer of ammonium nitrate is statutorily mandated. The statute 
requires that purchasers of ammonium nitrate and owners of ammonium 
nitrate facilities register with the Department of Homeland Security 
and be vetted against the Terrorist Screening Database. The statute 
further requires that information about transactions of ammonium 
nitrate be recorded and kept. Given the widespread use of ammonium 
nitrate in many sectors of the economy, including industrial, 
agricultural, and consumer uses, the Department is exploring ways to 
reduce the threat of terrorism posed by ammonium nitrate while 
remaining sensitive to the impacts on the supply chain and legitimate 
users.
    Summary of Legal Basis: This regulation is statutorily mandated by 
6 U.S.C. 488 et seq.
    Anticipated Cost and Benefits: In the 2011 NPRM, CISA estimated 
cost of this proposed rule would range from $300 million to $1,041 
million over 10 years at a 7 percent discount rate. In the intervening 
years, CISA has adjusted its approach to this rulemaking and has made 
significant changes to the way we estimate the costs associated with 
this SNPRM. At this time CISA is still developing the cost estimates 
for and substantive contents of this SNPRM.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
ANPRM...............................   10/29/08  73 FR 64280
ANPRM Correction....................   11/05/08  73 FR 65783
ANPRM Comment Period End............   12/29/08
NPRM................................   08/03/11  76 FR 46908
Notice of Public Meetings...........   10/07/11  76 FR 62311
Notice of Public Meetings...........   11/14/11  76 FR 70366
NPRM Comment Period End.............   12/01/11
Notice of Availability..............   06/03/19  84 FR 25495
Notice of Availability Comment         09/03/19
 Period End.

[[Page 11066]]

 
Supplemental NPRM...................   09/00/23
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Small Entities Affected: Businesses.
    Government Levels Affected: Federal, Local, State.
    Federalism: This action may have federalism implications as defined 
in E.O. 13132.
    URL For More Information: www.regulations.gov.
    URL For Public Comments: www.regulations.gov.
    Agency Contact: Ryan Donaghy, Deputy Branch Chief for Chemical 
Security Policy, Rulemaking, and Engagement, Department of Homeland 
Security, Cybersecurity and Infrastructure Security Agency, 245 Murray 
Lane SW, Mail Stop 0610, Arlington, VA 20528, Phone: 571 532-4127, 
Email: [email protected].
    Related RIN: Previously reported as 1601-AA52
    RIN: 1670-AA00

DHS--CISA

114. Chemical Facility Anti-Terrorism Standards (CFATS) [1670-AA01]

    Priority: Other Significant.
    Legal Authority: 6 U.S.C. 621 to 629
    CFR Citation: 6 CFR 27.
    Legal Deadline: None.
    Abstract: The Cybersecurity and Infrastructure Security Agency 
(CISA) previously invited public comment on an Advance Notice of 
Proposed Rulemaking (ANPRM) during August 2014 for potential revisions 
to the Chemical Facility Anti-Terrorism Standards (CFATS) regulations. 
The ANPRM provided an opportunity for the public to provide 
recommendations for possible program changes. In June 2020, CISA 
published for public comment a retrospective analysis of the CFATS 
program. And in January 2021, CISA invited additional public comment 
through an ANPRM concerning the removal of certain explosive chemicals 
from CFATS. CISA intends to address many of the subjects raised in both 
ANPRMs and the retrospective analysis in this regulatory action, 
including potential updates to CFATS cybersecurity requirements and 
Appendix A to the CFATS regulations.
    Statement of Need: The Chemical Facility Anti-Terrorism Standards 
(CFATS) program regulates facilities possessing large quantities of 
dangerous chemicals. The particular chemicals listed and threshold 
quantities were established in 2007, and were based on EPA's threshold 
quantities for Hazardous Substances published under its Release 
Management Program. In the 15 years since implementation of the 
program, CISA has gained extensive experience in analyzing chemical 
holdings and determining which facilities should be classified as high-
risk and subject to further regulation. Given its experience, CISA has 
determined that it should adjust its list of regulated chemicals, 
threshold quantities, and counting methods to better reflect the 
security issues implicated by these chemicals. Additionally, CISA 
believes that the CFATS security performance guidelines, first issued 
in 2009, should be updated to better reflect lessons learned over the 
past decade, including substantially updating the guidelines for 
cybersecurity performance metrics.
    Summary of Legal Basis: This regulation is authorized pursuant to 6 
U.S.C. 621 et seq.
    Alternatives: CISA considered an alternative version of this NPRM 
where we updated only the performance guidance but not the chemical 
listings. Additionally, we considered an alternative version where 
changes to certain toxic chemical listings were omitted.
    Anticipated Cost and Benefits: CISA is developing the cost and 
benefits estimates for this rulemaking.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
ANPRM...............................   08/18/14  79 FR 48693
ANPRM Comment Period End............   10/17/14
ANPRM...............................   01/06/21  86 FR 495
Announcement of Availability;          06/22/20  85 FR 37393
 Retrospective Analysis.
Announcement of Availability;          09/21/20
 Retrospective Analysis Comment
 Period End.
NPRM................................   05/00/23
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Small Entities Affected: Businesses.
    Government Levels Affected: Federal, Local, State.
    URL For More Information: www.regulations.gov.
    URL For Public Comments: www.regulations.gov.
    Agency Contact: Ryan Donaghy, Deputy Branch Chief for Chemical 
Security Policy, Rulemaking, and Engagement, Department of Homeland 
Security, Cybersecurity and Infrastructure Security Agency, 245 Murray 
Lane SW, Mail Stop 0610, Arlington, VA 20528, Phone: 571 532-4127, 
Email: [email protected].
    Related RIN: Previously reported as 1601-AA69, Merged with 1670-
AA03
    RIN: 1670-AA01
BILLING CODE 9110-9B-P

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Statement of Regulatory Priorities for Fiscal Year 2023

Introduction

    The Regulatory Plan for the Department of Housing and Urban 
Development (HUD) for Fiscal Year (FY) 2023 highlights two of the most 
significant regulations and policy initiatives that HUD seeks to 
complete during the upcoming fiscal year. As the Federal agency that 
serves as the nation's housing agency, HUD is committed to addressing 
the housing needs of all Americans by creating strong, sustainable, 
inclusive communities, and quality affordable homes for all. As a 
result, HUD plays a significant role in the lives of families and in 
communities throughout America.
    HUD is currently working to strengthen the housing market to 
bolster the economy and protect consumers; meet the need for quality 
affordable rental homes; utilize housing as a platform for improving 
quality of life; build inclusive and sustainable communities free from 
discrimination and transform the way HUD does business. Under the 
leadership of Secretary Marcia L. Fudge, HUD is dedicated to 
implementing the Administration's priorities by setting forth 
initiatives related to recovery from the COVID-19 pandemic, providing 
economic relief to those HUD serves, advancing racial equity and civil 
rights, and tackling the climate emergency.
    The rules highlighted in HUD's regulatory plan for FY 2023 reflect 
HUD's efforts to continue its work in building strong and sustainable 
communities, addressing the housing needs of all Americans, and 
providing for equal access to housing opportunities. Additionally, HUD 
notes that its Fall 2022 Semiannual Regulatory Agenda includes 
additional rules that advance the Administration's priorities, 
including rules to advance racial equity and civil rights and rules to 
provide economic relief to homeowners and renters.

[[Page 11067]]

Floodplain Management and Protection of Wetlands; Minimum Property 
Standards for Flood Hazard Exposure; Building to the Federal Flood Risk 
Management Standard

    On January 20, 2021, President Biden issued Executive Order 13990, 
``Protecting Public Health and the Environment and Restoring Science to 
Tackle the Climate Crisis,'' which declared the Administration's policy 
to bolster resilience to the impacts of climate change, and which 
directed all executive department and agencies to immediately commence 
work to confront the climate crisis. Executive Order 14008, ``Tackling 
the Climate Crisis at Home and Abroad,'' signed on January 27, 2021, 
noted that it is the Administration's policy to increase resilience to 
the impacts of climate change. HUD's proposed rule titled ``Floodplain 
Management and Protection of Wetlands; Minimum Property Standards for 
Flood Hazard Exposure; Building to the Federal Flood Risk Management 
Standard'' would improve the resilience of HUD-assisted or financed 
projects to the effects of climate change and natural disasters,
    This proposed rule would revise HUD's regulations governing 
floodplain management and the protection of wetlands to implement the 
Federal Flood Risk Management Standard (FFRMS), in accordance with 
Executive Order 13690 (Establishing a Federal Flood Risk Management 
Standard and a Process for Further Soliciting and Considering 
Stakeholder Input) (2015) and provide for greater flexibility in the 
use of HUD assistance in floodways under certain circumstances. Among 
other revisions, the rule would provide a process for determining the 
FFRMS Floodplain that would establish a preference for the climate-
informed science approach (CISA), and it would revise HUD's floodplain 
and wetland regulations to streamline them, improve overall clarity, 
and modernize standards.

Aggregate Costs and Benefits

    Executive Order 12866, as amended, requires the agency to provide 
its best estimate of the combined aggregate costs and benefits of all 
regulations included in the agency's Regulatory Plan that will be 
pursued in FY 2022. HUD expects that the neither the total economic 
costs nor the total efficiency gains will exceed $100 million. 
Elevating HUD-assisted structures located in and around the FFRMS 
floodplain will lessen damage caused by flooding and avoid relocation 
costs to tenants associated with temporary moves when HUD-assisted 
structures sustain flood damage and are temporarily uninhabitable. 
These benefits, which are realized throughout the life of HUD-assisted 
structures, are offset by the one-time increase in construction costs, 
borne only at the time of construction.

Statement of Need

    The rule is part of HUD's commitment under HUD's 2021 Climate 
Action Plan. HUD committed to completing rulemaking to update 24 CFR 
part 55 of its regulations and implement FFRMS as a key component of 
its plan to increase climate resilience and climate justice across the 
Department, noting that low-income families and communities of color 
are disproportionately impacted by climate change. Additionally, HUD 
notes that affordable housing is increasingly at risk from both extreme 
weather events and sea-level rise, and that coastal communities are 
especially at risk.
    HUD's existing regulations currently rely on Flood Insurance Rate 
Maps, which are critical resources when assessing flood risk, but are 
not intended to reflect changes in future flood risk influenced by a 
changing climate. This rule would ensure that HUD projects are designed 
with a more complete picture of a proposed project site's flood risk 
over time. Building to the standards discussed in this proposed rule 
would increase resiliency, reduce the risk of flood loss, minimize the 
impact of floods on human safety, health, and welfare, and promote 
sound, sustainable, long-term planning informed by a more accurate 
evaluation of risk that takes into account possible sea level rise and 
increased development associated with population growth.
    Alternatives: An alternative to promulgating this rule would be to 
maintain HUD's existing regulations governing floodplain management and 
the protection of wetlands. However, doing so would ignore the threats 
that increasing flood risks pose to life and taxpayer-funded property. 
Additionally, HUD would not be in compliance with Executive Order 13960 
and implementing guidance if HUD did not revise its regulations. Other 
alternatives include higher additional elevation standards for HUD 
projects without using a CISA approach. HUD prefers the CISA approach 
because it provides a forward-looking assessment of flood risk based on 
likely or potential climate change scenarios, regional climate factors, 
and an advanced scientific understanding of these effects.
    Risks: This rule could increase construction costs for HUD projects 
where it leads to additional elevation requirements, thereby increasing 
the cost of constructing affordable housing. However, these costs are 
offset by the decreased damage caused by flooding a project will endure 
throughout its lifetime, and the avoidance of relocation costs when 
HUD-assisted structures sustain flood damage.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Proposed Rule.......................   12/00/22
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Small Entities Affected: No.
    Government Levels Affected: None.
    Federalism Affected: No.
    Energy Affected: No.
    International Impacts: No.

Violence Against Women Act Reauthorization Act of 2022 (VAWA 2022)

    Through this proposed rule, HUD would amend its VAWA regulations to 
implement the requirements of the Violence Against Women Act (``VAWA'') 
as reauthorized on March 15, 2022, under the Violence Against Women Act 
Reauthorization Act of 2022 (``VAWA 2022''). These revisions will 
assist in ensuring that survivors of domestic violence, dating 
violence, sexual assault, and stalking (``survivors'') can access and 
maintain affordable housing as well as homeless assistance services. 
Specifically, HUD is focused on protecting survivors' housing rights, 
enforcing VAWA's requirements and protections, and providing access to 
safe, stable, and affordable housing for survivors.
    This proposed rule will seek to ensure that HUD's regulatory 
definitions account for the changes to VAWA's statutory definitions and 
are interpreted broadly enough to include the additional acts referred 
to in the VAWA 2022 reauthorization. For example, VAWA 2022 expands the 
definition of ``domestic violence'' by, in part, adding (as well as 
separately defining) the concepts of ``economic abuse'' and 
``technological abuse''. Additionally, following the direction provided 
in VAWA 2022, this proposed rule will establish VAWA compliance review 
processes for VAWA-covered HUD programs (``covered housing programs''), 
and further address VAWA standards of compliance and standards of 
corrective actions, where compliance standards have not been met. VAWA 
2022 also establishes substantive rights and protections for survivors, 
including anti-retaliation and anti-coercion

[[Page 11068]]

requirements, and protections for individuals against being penalized 
for seeking emergency assistance or for criminal activity where they 
are a victim or otherwise not at fault. HUD has existing enforcement 
mechanisms that have been used to enforce VAWA rights and protections, 
but this proposed rule would provide HUD and survivors with direct 
enforcement authority of VAWA's housing rights.

Aggregate Costs and Benefits

    Executive Order 12866, as amended, requires the agency to provide 
its best estimate of the combined aggregate costs and benefits of all 
regulations included in the agency's Regulatory Plan that will be 
pursued in FY 2022. HUD expects that the neither the total economic 
costs nor the total efficiency gains will exceed $100 million. Unlike 
HUD's VAWA 2013 final rule that was published in 2016 (``VAWA 2013 
rule''), which had costs that were ``primarily paperwork costs,'' this 
rulemaking has fewer paperwork costs. The benefits of HUD's rulemaking 
include codifying in regulation the protections that VAWA 2022 provides 
to applicants and tenants of covered housing programs; strengthening 
the rights of survivors accessing and living in covered housing 
programs, including existing emergency transfer rights and new rights 
against retaliation and prohibition and the right to report crime from 
one's home; and improving and streamlining HUD's VAWA compliance 
monitoring and review processes. HUD grantees are already familiar with 
HUD's VAWA regulations as instituted by the 2016 final rule; this 
proposed rule will largely build on that regulatory framework and 
related forms and documents. HUD is also planning to publish a notice 
in the Federal Register in the Fall of 2022 that will provide initial 
guidance on VAWA 2022, its impact on VAWA-covered HUD programs, and 
HUD's planned implementation actions. HUD believes that grantees' prior 
experience with HUD's implementation of other VAWA reauthorization 
legislation and HUD's advanced notice will reduce costs by helping 
grantees to understand the new protections and requirements ahead of 
rulemaking.

Statement of Need

    The rule is needed to conform HUD regulations with statutory 
standards and amendments, and to ensure consistency in application and 
enforcement of VAWA protections and requirements across HUD's covered 
housing programs. This proposed rule would consider HUD's VAWA 2013 
rule published on November 16, 2016, and improve upon its framework and 
impose less regulatory burden.
    Alternatives: HUD has no alternative to implementing the provisions 
of VAWA 2022. VAWA 2022 requires stakeholder consultation and 
rulemaking to establish VAWA compliance review processes, and to 
incorporate this process into existing compliance review processes, 
where possible. Therefore, HUD does not have the discretion to choose 
an alternative to rulemaking for compliance review processes. HUD has 
also determined that rulemaking is needed to implement new and revised 
statutory protections and requirements. Furthermore, prior VAWA 
reauthorizations were implemented through rulemaking.
    Risks: Previous and unfinished implementations of prior VAWA 
reauthorizations have resulted in challenges for grantees. HUD must 
seek to complete implementation of VAWA 2013, the Justice for All 
Reauthorization Act of 2016's amendments to VAWA's lease bifurcation 
provisions, and VAWA 2022, to fully implement changes to VAWA and 
clarify which requirements and changes HUD grantees are expected to 
comply with, and when those requirements and changes go into effect.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Proposed Rule.......................   10/00/23
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Small Entities Affected: No.
    Government Levels Affected: No.
    Federalism Affected: No.
    Energy Affected: No.
    International Impacts: No.

HUD--OFFICE OF THE SECRETARY (HUDSEC)

Proposed Rule Stage

115. Violence Against Women Act Reauthorization Act of 2022: Compliance 
in HUD Housing Programs (FR-6319) [2501-AE05]

    Priority: Other Significant.
    Legal Authority: 42 U.S.C. 1437a,c,d,f; 42 U.S.C. 1437n; 42 U.S.C. 
3535(d); sec. 327, Pub. L. 109-115,119; Stat 2936; 42 U.S.C. 14043e et; 
sec. 601, Pub. L. 11304, 127 Stat 101; Pub. L. 117-103
    CFR Citation: 24 CFR 5, 92, 93, 200, 247, 574, 576 578; 24 CFR 880, 
882, 883, 884, 886, 891; 24 CFR 905, 960, 966, 982, 983.
    Legal Deadline: None.
    Abstract: This proposed rule would amend HUD's regulations to fully 
implement the requirements of the Violence Against Women Act (VAWA) as 
reauthorized on March 15, 2022, under the Violence Against Women Act 
Reauthorization Act of 2022 (VAWA 2022). VAWA 2022 in part requires 
that HUD issue regulations to define standards of compliance for 
covered housing programs, address prohibitions on retaliation, and 
update certain definitions. HUD will also consider other revisions to 
update its VAWA regulations.
    Statement of Need: The rule is needed to conform HUD regulations 
with statutory standards and amendments, and to ensure consistency in 
application and enforcement of VAWA protections and requirements across 
HUD's covered housing programs. This proposed rule would consider HUD's 
VAWA 2013 rule published on November 16, 2016, and improve upon its 
framework and impose less regulatory burden.
    Summary of Legal Basis: These regulatory revisions would implement 
the requirements of the Violence Against Women Act (VAWA) as 
reauthorized on March 15, 2022, under the Violence Against Women Act 
Reauthorization Act of 2022 (VAWA 2022).
    Alternatives: HUD has no alternative to implementing the provisions 
of VAWA 2022. VAWA 2022 requires stakeholder consultation and 
rulemaking to establish VAWA compliance review processes, and to 
incorporate this process into existing compliance review processes, 
where possible. Therefore, HUD does not have the discretion to choose 
an alternative to rulemaking for compliance review processes. HUD has 
also determined that rulemaking is needed to implement new and revised 
statutory protections and requirements. Furthermore, prior VAWA 
reauthorizations were implemented through rulemaking.
    Anticipated Cost and Benefits: Executive Order 12866, as amended, 
requires the agency to provide its best estimate of the combined 
aggregate costs and benefits of all regulations included in the 
agency's Regulatory Plan that will be pursued in FY 2022. HUD expects 
that the neither the total economic costs nor the total efficiency 
gains will exceed $100 million. Unlike HUD's VAWA 2013 final rule that 
was published in 2016 (VAWA 2013 rule), which had costs that were 
primarily paperwork costs, this rulemaking has fewer paperwork costs. 
The benefits of HUD's rulemaking include codifying in regulation the 
protections that VAWA 2022 provides to applicants and tenants of 
covered housing programs; strengthening the rights of survivors

[[Page 11069]]

accessing and living in covered housing programs, including existing 
emergency transfer rights and new rights against retaliation and 
prohibition and the right to report crime from one's home; and 
improving and streamlining HUD's VAWA compliance monitoring and review 
processes. HUD grantees are already familiar with HUD's VAWA 
regulations as instituted by the 2016 final rule; this proposed rule 
will largely build on that regulatory framework and related forms and 
documents. HUD is also planning to publish a notice in the Federal 
Register in the Fall of 2022 that will provide initial guidance on VAWA 
2022, its impact on VAWA-covered HUD programs, and HUD's planned 
implementation actions. HUD believes that grantees' prior experience 
with HUD's implementation of other VAWA reauthorization legislation and 
HUD's advanced notice will reduce costs by helping grantees to 
understand the new protections and requirements ahead of rulemaking.
    Risks: Previous and unfinished implementations of prior VAWA 
reauthorizations have resulted in challenges for grantees. HUD must 
seek to complete implementation of VAWA 2013, the Justice for All 
Reauthorization Act of 2016's amendments to VAWA's lease bifurcation 
provisions, and VAWA 2022, to fully implement changes to VAWA and 
clarify which requirements and changes HUD grantees are expected to 
comply with, and when those requirements and changes go into effect.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   10/00/23
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Small Entities Affected: No.
    Government Levels Affected: Local, State.
    Agency Contact: Karlo Ng, Director on Gender-based Violence 
Prevention and Equity, Department of Housing and Urban Development, 
Office of the Secretary, 451 Seventh Street SW, Washington, DC 20410, 
Phone: 202 288-1850.
    RIN: 2501-AE05

HUD--OFFICE OF COMMUNITY PLANNING AND DEVELOPMENT (CPD)

Proposed Rule Stage

116. Floodplain Management and Protection of Wetlands (FR-6272) [2506-
AC54]

    Priority: Other Significant.
    Legal Authority: 42 U.S.C. 3535(d); E.O. 11990; E.O. 11988; E.O. 
13690
    CFR Citation: 24 CFR 50; 24 CFR 55; 24 CFR 58; 24 CFR 200.
    Legal Deadline: None.
    Abstract: This proposed rule would revise HUD's regulations 
governing floodplain management and the protection of wetlands to 
implement the Federal Flood Risk Management Standard (FFRMS), in 
accordance with Executive Order 13690 (Establishing a Federal Flood 
Risk Management Standard and a Process for Further Soliciting and 
Considering Stakeholder Input), improve the resilience of HUD-assisted 
or financed projects to the effects of climate change and natural 
disasters, and provide for greater flexibility in the use of HUD 
assistance in floodways under certain circumstances. This rule would 
also revise HUD's floodplain and wetland regulations to streamline 
them, improve overall clarity, and modernize standards.
    Statement of Need: The rule is part of HUD's commitment under HUD's 
2021 Climate Action Plan. HUD committed to completing rulemaking to 
update 24 CFR part 55 of its regulations and implement FFRMS as a key 
component of its plan to increase climate resilience and climate 
justice across the Department, noting that low-income families and 
communities of color are disproportionately impacted by climate change. 
Additionally, HUD notes that affordable housing is increasingly at risk 
from both extreme weather events and sea-level rise, and that coastal 
communities are especially at risk.
    HUD's existing regulations currently rely on Flood Insurance Rate 
Maps, which are critical resources when assessing flood risk, but are 
not intended to reflect changes in future flood risk influenced by a 
changing climate. This rule would ensure that HUD projects are designed 
with a more complete picture of a proposed project site's flood risk 
over time. Building to the standards discussed in this proposed rule 
would increase resiliency, reduce the risk of flood loss, minimize the 
impact of floods on human safety, health, and welfare, and promote 
sound, sustainable, long-term planning informed by a more accurate 
evaluation of risk that takes into account possible sea level rise and 
increased development associated with population growth.
    Summary of Legal Basis: These regulatory revisions would implement 
the Federal Flood Risk Management Standard (FFRMS), in accordance with 
Executive Order (E.O.) 13690 (Establishing a Federal Flood Risk 
Management Standard and a Process for Further Soliciting and 
Considering Stakeholder Input) (2015).
    Alternatives: An alternative to promulgating this rule would be to 
maintain HUD's existing regulations governing floodplain management and 
the protection of wetlands. However, doing so would ignore the threats 
that increasing flood risks pose to life and taxpayer-funded property. 
Additionally, HUD would not be in compliance with Executive Order 13960 
and implementing guidance if HUD did not revise its regulations. Other 
alternatives include higher additional elevation standards for HUD 
projects without using a CISA approach. HUD prefers the CISA approach 
because it provides a forward-looking assessment of flood risk based on 
likely or potential climate change scenarios, regional climate factors, 
and an advanced scientific understanding of these effects.
    Anticipated Cost and Benefits: Executive Order 12866, as amended, 
requires the agency to provide its best estimate of the combined 
aggregate costs and benefits of all regulations included in the 
agency's Regulatory Plan that will be pursued in FY 2022. HUD expects 
that the neither the total economic costs nor the total efficiency 
gains will exceed $100 million. Elevating HUD-assisted structures 
located in and around the FFRMS floodplain will lessen damage caused by 
flooding and avoid relocation costs to tenants associated with 
temporary moves when HUD-assisted structures sustain flood damage and 
are temporarily uninhabitable. These benefits, which are realized 
throughout the life of HUD-assisted structures, are offset by the one-
time increase in construction costs, borne only at the time of 
construction.
    Risks: This rule could increase construction costs for HUD projects 
where it leads to additional elevation requirements, thereby increasing 
the cost of constructing affordable housing. However, these costs are 
offset by the decreased damage caused by flooding a project will endure 
throughout its lifetime, and the avoidance of relocation costs when 
HUD-assisted structures sustain flood damage.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   12/00/22
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Small Entities Affected: No.
    Government Levels Affected: None.
    Agency Contact: Kristin L. Fontenot, Director, Office of 
Environment and

[[Page 11070]]

Energy, Department of Housing and Urban Development, Office of 
Community Planning and Development, 451 Seventh Street SW, Washington, 
DC 20410, Phone: 202 402-7077.
    RIN: 2506-AC54
BILLING CODE 4210-67-P

UNITED STATES DEPARTMENT OF THE INTERIOR

Fall 2022 Regulatory Plan

Introduction

    The U.S. Department of the Interior (Department) is the principal 
steward of our Nation's public lands and resources, including many of 
our cultural treasures. The Department serves as trustee to Native 
Americans, Alaska Natives, and Federally Recognized Tribes and is 
responsible for our ongoing relationships with the Island Territories 
under U.S. jurisdiction and the freely associated States. Among the 
Department's many responsibilities is managing more than 500 million 
surface acres of Federal land, which constitutes approximately 20 
percent of the Nation's land area, as well as approximately 700 million 
subsurface acres of Federal mineral estate, and more than 2.5 billion 
acres of submerged lands on the Outer Continental Shelf (OCS).
    In addition, the Department protects and recovers endangered 
species; protects natural, historic, and cultural resources; provides 
scientific and other information about those resources; and manages 
water projects that are an essential lifeline and economic engine for 
many communities.
    Hundreds of millions of people visit Department-managed lands each 
year to take advantage of a wide range of recreational pursuits--
including camping, hiking, hunting, fishing and various other forms of 
outdoor recreation--and to learn about our Nation's history. Each of 
these activities supports local communities and their economies. The 
Department also provides access to Federal lands and offshore areas for 
the development of energy, minerals, and other natural resources that 
generate billions of dollars in revenue.
    In short, the Department plays a central role in how the United 
States stewards its public lands, ensures environmental protections, 
pursues environmental justice, honors the nation-to-nation relationship 
with Tribes and the special relationships with other Indigenous people 
and the insular areas.

Regulatory and Deregulatory Priorities

    To help advance the Secretary of the Interior's (Secretary) 
commitment to honoring the Nation's trust responsibilities and to 
conserve and manage the Nation's natural resources and cultural 
heritage, the Department's regulatory and deregulatory priorities in 
the coming year will focus on:
     Tackling the Climate Crisis, Strengthening Climate 
Resiliency, and Facilitating the Transition to Renewable Energy;
     Upholding Trust Responsibilities to Federally-Recognized 
American Indian and Alaska Native Tribes, Restoring Tribal Lands, and 
Protecting Natural and Cultural Resources, Advancing Equity and 
Supporting Underserved Communities; and
     Investing in Healthy Lands, Waters and Local Economies and 
Strengthening Conservation of the Nation's Lands, Waters and Wildlife.

Tackling the Climate Crisis, Strengthening Climate Resiliency, and 
Facilitating the Transition to Renewable Energy

    The Biden-Harris administration remains committed to combatting 
climate change and reducing greenhouse gas emissions while improving 
public health, protecting the environment, and ensuring access to clean 
air and water. Under this administration, the Department has been a key 
leader in tackling the climate crises. Pursuant to Executive Order 
(E.O.) 13990 ``Protecting Public Health and the Environment and 
Restoring Science to Tackle the Climate Crisis,'' (signed on Jan. 20, 
2021) and E.O. 14008, ``Tackling the Climate Crisis at Home and 
Abroad,'' (signed January 27, 2021), the Department has advanced 
multiple policy and regulatory efforts to reduce climate pollution; 
improve and increase adaptation and resilience to the impacts of 
drought, wildfire, and extreme weather; address current and historic 
environmental injustice; protect public health; and conserve 
Department-managed lands and waters.
    The historic Infrastructure Investment and Jobs Act of 2021 (BIL) 
and the Inflation Reduction Act (IRA), which President Biden signed 
respectively on November 15, 2021, and August 16, 2022, will enable 
transformational outcomes on these clean energy and resilience 
priorities while driving the creation of good-paying union jobs. In 
referring to the BIL Secretary Haaland said, ``The infrastructure law 
invests in areas where we, working closely together, have a chance to 
make a better future for the people we serve in the areas of wildfire, 
drought, legacy pollution clean-up, and restoration of the outdoors 
that we all love.''
    In accordance with E.O.s 13990 and 14008, as well as E.O. 14052, 
``Implementation of the Infrastructure Investment and Jobs Act,'' 
(signed on Nov. 15, 2021), several bureaus within the Department are 
pursuing regulatory actions to implement these administration 
priorities, including steps to increase renewable energy production by 
improving siting and permitting processes on public lands and in 
offshore waters.
    The Department is committed to fully facilitating the development 
of renewable energy on public lands and waters, as well as supporting 
tribal and territorial efforts to develop renewable energy, including 
deploying 30 gigawatts (GW) of offshore wind by 2030 and 25GW of 
onshore renewable energy by 2025. The Department will meet these 
ambitious goals while also ensuring appropriate protection of public 
lands, waters, and biodiversity and creating good jobs. As Secretary 
Haaland has stated, ``The Department of the Interior continues to make 
significant progress in our efforts to spur a clean energy revolution, 
strengthen and decarbonize the nation's economy, and help communities 
transition to a clean energy future.''
    As part of these ongoing efforts, the Bureau of Ocean Energy 
Management's (BOEM) most important regulatory initiative is focused on 
expanding offshore wind energy's role in strengthening U.S. energy 
security and independence, creating jobs, providing benefits to local 
communities, and further developing the U.S. economy. The BOEM's 
renewable energy program has matured over the past 10 years, a time in 
which BOEM has conducted numerous auctions and issued and managed 
multiple commercial leases. Based on this experience, BOEM has 
identified multiple opportunities to update its regulations to better 
facilitate the development of renewable energy resources and to promote 
U.S. energy independence. In FY 2023, BOEM will propose a rule, the 
``Renewable Energy Modernization Rule'' (1010-AE04). This rule would 
substantially update existing renewable energy regulations to more 
efficiently facilitate responsible development of renewable energy 
resources on the Outer Continental Shelf (OCS) and strengthen U.S. 
energy independence. The rule also aims to significantly reduce costs 
to developers for expanding renewable energy development in an 
environmentally sound manner.

[[Page 11071]]

    Similarly, the Bureau of Land Management (BLM) plans to update its 
regulations for onshore rights-of-way, leasing, and operations related 
to all activities associated with renewable energy and transmission 
lines with a proposed rule, ``Rights-of-way, Leasing and Operations for 
Renewable Energy and Transmission Lines'' (1004-AE78). This rule aims 
to improve permitting activities and processes to facilitate increased 
renewable energy production on public lands.
    To advance the deployment of clean energy infrastructure while also 
meeting obligations to conserve habitats and wildlife, the Department 
will improve permitting frameworks for bird conservation. On September 
30, 2022 (87 FR 59598), the U.S. Fish and Wildlife Service (FWS) 
proposed the ``Eagle Permits; Incidental Take'' rule (108-BE70) to 
revise the regulations authorizing eagle incidental take and eagle nest 
take permits to increase the efficiency and effectiveness of 
permitting, facilitate and improve compliance, and increase the 
conservation benefit for eagles. The FWS will also propose a rule, the 
``Migratory Bird Permits; Authorizing the Incidental Take of Migratory 
Birds'' (1018-BF71), to clarify the MBTA's prohibitions on taking and 
killing migratory birds and consider establishing a straight-forward 
process to secure authorizations for otherwise prohibited take of 
migratory birds.
    The BIL enables the Department to establish important regulations 
governing carbon transportation and storage on the OCS. The orderly 
implementation of negative emissions technologies, such as carbon 
capture, utilization, and storage, is necessary to reduce hard-to-abate 
emissions from the industrial sector, which emits nearly 25 percent of 
all carbon dioxide released into the atmosphere in the United States. 
In implementing the BIL the Bureau of Safety and Environmental 
Enforcement (BSEE) and BOEM are drafting a joint proposed rule that 
would address the transportation and geologic sequestration aspects of 
carbon capture utilization and storage development on the OCS, 
including leasing, geological, and geophysical exploration for 
appropriate storage reservoirs; environmental plans and mitigations; 
facility and infrastructure design and installation; injection 
operations; long-term site stewardship (i.e., monitoring and response); 
financial assurance; and safety.
    The Department is also committed to modernizing its oversight of 
oil and gas leasing and development to help address the climate and 
biodiversity crises and to advance environmental justice. In November 
2021, the Department released its report on federal oil and gas leasing 
and permitting practices, following a review of onshore and offshore 
oil and gas programs called for in E.O. 14008. The report identified 
significant reforms needed to ensure the programs provide a fair return 
to taxpayers, discourage speculation, hold operators responsible for 
remediation, and more fully include communities and Tribal, state, and 
local governments in decision-making. As Secretary Haaland stated about 
the report, ``Our nation faces a profound climate crisis that is 
impacting every American. The Interior Department has an obligation to 
responsibly manage our public lands and waters--providing a fair return 
to the taxpayer and mitigating worsening climate impacts--while staying 
steadfast in the pursuit of environmental justice.''
    In the coming year, the Department will pursue regulations to 
implement important reforms, including the report's recommendations and 
reforms included in the IRA regarding oil and gas resources on public 
lands. For example, BLM will propose rules to ensure the responsible 
development of oil and gas on public lands, including ``Waste 
Prevention, Production Subject to Royalties, and Resource Conservation 
43 CFR parts 3160 and 3170'' (1004-AE79), known as the Waste Prevention 
Rule, and ``Revision of Existing Regulations Pertaining to Oil and Gas 
Leases and Leasing Process 43 CFR parts 3100 and 3400'' (1004-AE80), 
known as the Oil and Gas Leasing Rule. The Waste Prevention Rule would 
prevent waste of federal resources with an additional benefit of 
reducing methane emissions in the oil and gas sector. The Oil and Gas 
Leasing Rule would incorporate many urgent fiscal and programmatic 
reforms included in the report and IRA, such as updating BLM's process 
for leasing to ensure the protection and proper stewardship of the 
public lands, including potential climate and other impacts associated 
with oil and gas leasing activities.

Upholding Trust Responsibilities to Federally Recognized American 
Indian and Alaska Native Tribes Restoring Tribal Lands, and Protecting 
Natural and Cultural Resources

    Among the Department's most important responsibilities is its 
commitment to honor the nation-to-nation relationship between the 
Federal Government and Tribes. Secretary Haaland is strongly committed 
to strengthening how the Department carries out its trust 
responsibilities and to increasing economic development opportunities 
for Tribes and other historically underserved communities.
    To advance the Department's trust responsibilities, the Bureau of 
Indian Affairs (BIA) has identified opportunities, following 
consultation and in close collaboration with Tribal governments, to 
promote Tribal economic growth and development. For example, BIA is 
working to remove barriers to the development of renewable energy and 
other resources in Indian country.
    In consultation with Tribes, BIA engaged in efforts to update and 
improve its regulations governing how it manages land held in trust or 
in restricted status for Tribes and individual Indians. These efforts 
included improving the consultation process, identifying best 
practices, and strengthening relationships with Tribal governments. The 
BIA also launched a broader review to determine whether any regulatory 
reforms are needed to facilitate restoration of Tribal lands and 
safeguard natural and cultural resources. As a result of these 
consultations and this review, BIA is preparing a proposed rule, 
``Agricultural Leasing of Indian Land,'' which would revise the 
regulations governing leases of Indian land for agricultural purposes 
found at 25 CFR part 162 (1076-AF66). This proposed rule would 
streamline how leases are obtained and increase the agricultural usage 
of Indian land.
    The Department is also committed to improving regulations meant to 
protect sacred and cultural resources. To this end, the Assistant 
Secretary for Indian Affairs and the Assistant Secretary for Fish and 
Wildlife and Parks are working with the National Park Service (NPS) to 
consult with Tribes on updates to regulations implementing the Native 
American Graves and Repatriation Act (NAGPRA), 43 CFR part 10 (1024-
AE19). This proposed rule, the ``Native American Graves Protection and 
Repatriation Act Systematic Process for Disposition and Repatriation of 
Native American Human Remains, Funerary Objects, Sacred Objects, and 
Objects of Cultural Patrimony,'' which published on October 18, 2022 
(87 FR 63202), would provide a systematic process for the disposition 
and repatriation of Native American human remains, funerary objects, 
sacred objects, and objects of cultural patrimony. The updates are 
intended to simplify and improve the regulatory process for 
repatriation, rectify provisions in the current regulations that 
inhibit and effectively prevent respectful repatriation, and remove the 
burden on Indian Tribes and Native Hawaiian

[[Page 11072]]

organizations to initiate the process and add a requirement for museums 
and Federal agencies to complete the process.
    On November 15, 2021, Secretary Haaland signed joint SO 3403, 
``Joint Secretarial Order on Fulfilling the Trust Responsibility to 
Indian Tribes in the Stewardship of Federal Lands and Waters,'' with 
the Secretary of Agriculture to ensure that the Department of the 
Interior, the Department of Agriculture, and their component Bureaus 
and Offices are managing Federal lands and waters in a manner that 
seeks to protect the treaty, religious, subsistence, and cultural 
interests of federally recognized Indian Tribes, including the Native 
Hawaiian community; that such management is consistent with the nation-
to-nation relationship between the United States and federally 
recognized Indian Tribes; and, that such management fulfills the United 
States' unique trust obligation to federally recognized Indian Tribes 
and their citizens.

Advancing Equity and Supporting Underserved Communities

    The Biden-Harris administration and Secretary Haaland recognize and 
support the goals of advancing equity and addressing the needs of 
underserved communities. In January 2021, the President signed E.O. 
13985, ``Advancing Racial Equity and Support for Underserved 
Communities Through the Federal Government.'' This E.O. directs all 
Federal agencies to pursue a comprehensive approach to advancing equity 
for all, including people of color and others who have been 
historically underserved, marginalized, and adversely affected by 
persistent poverty and inequality. On February 17, 2022, Secretary 
Haaland issued SO 3406, ``Establishment of a Diversity, Equity, 
Inclusion and Accessibility Council.'' This council is working to 
identify policies and/or revisions to existing policies or practices 
that are needed, and make recommendations on how diversity, equity, 
inclusion and accessibility may be prioritized in policymaking and 
budget processes and decisions in accordance with the E.O.s related to 
equity. In response to E.O. 13985 and the SO 3406, the Department 
issued its Equity Action Plan on April 14, 2022. The Equity Action Plan 
is a key part of the Department's efforts to implement E.O. 13985, 
which calls on Federal agencies to advance equity by identifying and 
addressing barriers to equal opportunity that underserved communities 
may face as a result of Government policies and programs. Highlighting 
the importance of this initiative, Secretary Haaland said, ``We must 
continue to proactively ensure that historically underrepresented 
communities benefit from our efforts to address the climate crisis and 
make our nation's public lands and waters accessible and welcoming to 
everyone.''
    In FY 2023, the Department will undertake a number of regulatory 
actions that will assist people who reside in underserved communities.
    In support of SO 3406 and the Equity Action Plan, the Department 
published a final rule on April 8, 2022 (87 FR 20761), ``Acquisition 
Regulations; Buy Indian Act; Procedures for Contracting'' (RIN 1090-
AB21). This final rule better implements the Buy Indian Act, which 
provides the Department with authority to set aside procurement 
contracts for Indian-owned and controlled businesses. These revisions 
will eliminate barriers that inhibit Indian Economic Enterprises (IEEs) 
from competing on certain construction contracts, expand IEEs' ability 
to subcontract construction work consistent with other socio-economic 
set-aside programs, and give greater preference to IEEs when a 
deviation from the Buy Indian Act is necessary, among other updates.
    The BLM (1004-AE60), FWS (1018-BD78), and NPS (1024-AE75) are 
proposing right-of-way (ROW) rules that would streamline and improve 
efficiencies in the permitting process for electric transmission, 
distribution facilities, and broadband facilities. These rules should 
result in increased services, such as broadband connectivity, with 
resulting benefits to underserved communities and visitors to 
Departmental lands and promote good governance. These proposed rules 
are expected to publish in FY 2023 as well as implement several 
provisions of the BIL.

Investing in Healthy Lands, Waters and Local Economies and 
Strengthening Conservation of the Nation's Lands, Waters and Wildlife

    The Department's regulatory agenda will continue to advance the 
goals of investing in healthy lands, waters, and local economies across 
the country. These regulatory efforts, which are consistent with the 
Biden-Harris administration's America the Beautiful initiative as well 
as the BIL and IRA which provide the Department with historic 
resilience and restoration investments, include expanding opportunities 
for outdoor recreation, such as hunting and fishing, for all Americans; 
enhancing conservation stewardship; and improving the management of 
species and their habitat.
    Per section 2 of E.O. 13990 and the ``Fact Sheet: List of Agency 
Actions for Review,'' the Departments of Commerce and the Interior 
(Departments) initiated a review of the August 27, 2019, final rule, 
``Endangered and Threatened Wildlife and Plants; Regulations for 
Listing Endangered and Threatened Species and Designating Critical 
Habitat,'' (1018-BF95) (84 FR 45020) that revised the regulations for 
adding and removing species from the Lists of Endangered and Threatened 
Wildlife and Plants and the procedures for designating critical 
habitat. On July 5, 2022, the 2019 rule was vacated and remanded by the 
U.S. District Court for the Northern District of California. In 
response to the court order, the Departments will propose a new 
rulemaking for FY 2023.
    Also, per section 2 of E.O. 13990 and the ``Fact Sheet: List of 
Agency Actions for Review,'' the Departments initiated a review of the 
August 27, 2019, final rule, ``Endangered and Threatened Wildlife and 
Plants; Regulations for Interagency Cooperation,'' (1018-BC87) (84 FR 
44976) that revised portions of the regulations that implement section 
7 of the ESA, as amended. On July 5, 2022, the 2019 rule was vacated 
and remanded by the U.S. District Court for the Northern District of 
California. In response to the court order, the Departments will 
propose a new rulemaking for FY 2023.
    Under section 4(d) of the Endangered Species Act (ESA), FWS plans 
to promulgate several species-specific rules to protect threatened 
species. Of particular note, the FWS issued a proposed rule on November 
17, 2022, (87 FR 68975) that would revise the rule for the African 
elephant (Loxodonta africana) promulgated under section 4(d) of the 
ESA. The proposed rule intends to increase domestic protection for 
African elephants in light of the recent rise in global trade of live 
African elephants from range countries by establishing ESA permit 
requirements and enhancement standards for trade in live African 
elephants. This rulemaking action would also clarify the existing 
enhancement requirement during our evaluation of the application for a 
permit to import African elephant sport-hunted trophies and incorporate 
a Party's designation under the Convention on International Trade in 
Endangered Species of Wild Fauna and Flora (CITES) National Legislation 
Project into the decision-making process for the import of live African 
elephants, African elephant sport-hunted trophies,

[[Page 11073]]

and African elephant parts and products other than ivory.
    The NPS is also pursuing several regulatory actions under the 
Department's direction and in accordance with these goals. These 
regulatory actions would authorize recreational activities, such as 
off-road vehicle use, personal watercraft and bicycling, within 
appropriate, designated areas of certain National Park System units. 
These regulations would promote appropriate visitor use while 
supporting long-term preservation of park resources and quality visitor 
experiences.
    The Biden-Harris administration and Secretary Haaland are strongly 
committed to strengthening conservation and improving conservation 
partnerships. Through this regulatory plan, the Department affirms the 
importance of the Endangered Species Act (ESA) in providing a broad and 
flexible framework to facilitate conservation with a variety of 
stakeholders. The Department, through FWS, is committed to working with 
diverse Federal, Tribal, State, and industry partners not only to 
protect and recover America's imperiled wildlife, but to ensure the ESA 
is helping meet 21st century challenges.
    In Fiscal Year (FY) 2022, FWS reviewed several ESA rules that were 
finalized prior to January 20, 2021, to continue improving 
implementation of the ESA so that it is clearly and consistently 
applied, helps recover listed species, and provides the maximum degree 
of certainty possible to all parties. As a result of that review, FWS 
finalized two critically important ESA rules. The FWS and the National 
Marine Fisheries Service (NMFS) finalized the rule, ``Regulations for 
Listing Endangered and Threatened Species and Designating Critical 
Habitat,'' which published on June 24, 2022 (87 FR 37757), removing the 
regulatory definition of ``habitat.'' The FWS also finalized the rule, 
``Endangered and Threatened Wildlife and Plants; Regulations for 
Designating Critical Habitat,'' which published on July 21, 2022 (87 FR 
43433). This rule sets forth the process for excluding areas of 
critical habitat under section 4(b)(2) of the ESA, which mandates 
consideration of the impacts of designating critical habitat and 
permits exclusions of particular areas following a discretionary 
exclusion analysis.
    FWS published a final rule on September 16, 2022 (87 FR 57838), 
``2022-2023 Station-Specific Hunting and Sport Fishing Regulations,'' 
(1018-BF66) and opened, for the first time, two National Wildlife 
Refuges (NWRs) that are currently closed to hunting and sport fishing. 
In addition, FWS opened or expanded hunting or sport fishing at 16 
other NWRs and added pertinent station-specific regulations for other 
NWRs that pertain to migratory game bird hunting, upland game hunting, 
big game hunting, or sport fishing for the 2022-2023 season. The FWS 
also changed existing station-specific regulations to reduce regulatory 
burden on the public and increase access for hunters and anglers on FWS 
lands and waters.

Bureaus and Offices Within the Department of the Interior

    The following is an overview of some of the major regulatory and 
deregulatory priorities of the Department's Bureaus and Offices.

Bureau of Indian Affairs

    The BIA enhances the quality of life, promotes economic 
opportunity, and protects and improves the trust assets of 
approximately 1.9 million American Indians, Indian Tribes, and Alaska 
Natives. The BIA maintains a government-to-government relationship with 
the 574 Federally Recognized Indian Tribes. The BIA also administers 
and manages 55 million acres of surface land and 57 million acres of 
subsurface minerals held in trust by the United States for American 
Indians and Indian Tribes.
Regulatory and Deregulatory Actions
Elections of Officers of the Osage Minerals Council (1076-AF58)
    BIA finalized revisions to its regulations governing elections of 
the Osage Nation (86 FR 54364, October 1, 2021). These revisions update 
and limit the Secretary's role to the task of compiling a list of 
voters for Osage Minerals Council elections. These changes reaffirm the 
inherent sovereign rights of the Osage Nation to determine its 
membership and form of government.
    In the coming year, BIA will prioritize the following rulemakings:
Procedures for Federal Acknowledgment of Indian Tribes (1076-AF67)
    This rule will update the regulations in response to recent Federal 
court decisions to address whether previously denied petitioners for 
Federal acknowledgment may petition again.
Appeals From Administrative Actions (1076-AF64)
    This rule would clarify the processes for appeals of actions taken 
by officials in the Office of the Assistant Secretary--Indian Affairs, 
BIA, Bureau of Indian Education, and Office of the Special Trustee for 
American Indians (collectively, Indian Affairs). The rule would advance 
the purposes of E.O. 14058 to effectively reduce administrative 
burdens, simplify both public-facing and internal processes to improve 
efficiency, and empower the Federal workforce to solve problems. The 
rule would streamline the process for appeals of Tribal government 
representative decisions, to ensure the continued government-to-
government relations with the appropriate Tribal leadership is not 
unduly interrupted.
Mining of the Osage Mineral Estate for Oil and Gas (1076-AF59)
    The regulations in 25 CFR part 226 would be revised to allow BIA to 
strengthen management of the Osage Mineral Estate by updating bonding, 
royalty payment and reporting, production valuation and measurement, 
site security, and operational requirements to address the changes in 
technology and industry standards that have occurred in the 48 years 
since the regulations were last revised and ensure consistency with 
Departmental regulations governing oil and gas development throughout 
the rest of Indian country.
Land Acquisitions (1076-AF71)
    This rule would advance the purposes of E.O. 13985 and address the 
Department's jurisdiction to acquire land in trust for certain Tribes, 
streamline acquisitions on existing reservations, clarify Tribal 
jurisdiction, and promote Tribal conservation of lands.
Class III Tribal State Gaming Compact Process (1076-AF68)
    This rule would provide States and Tribes with a better 
understanding of how the Department reviews their compacts by codifying 
longstanding Departmental policy and interpretations of existing case 
law.
Self-Governance PROGRESS Act Regulations (1076-AF62)
    This rule would implement the requirements of the Practical Reforms 
& Other Goals to Reinforce the Effectiveness of Self Governance & Self 
Determination for Indian Tribes Act (PROGRESS Act) requiring updates to 
BIA's regulations governing Tribal self-governance. The PROGRESS Act 
amends subchapter I of the Indian Self-Determination and Education 
Assistance Act (ISDEAA), 25 U.S.C. 5301 et seq., which addresses Indian 
self-determination, and subchapter IV of

[[Page 11074]]

the ISDEAA which addresses the Department's Tribal Self-Governance 
Program. The PROGRESS Act calls for a negotiated rulemaking committee 
to be established under 5 U.S.C. 565, with membership consisting only 
of representatives of Federal and Tribal governments, with the Office 
of Self-Governance serving as the lead agency for the Department. The 
PROGRESS Act also authorizes the Secretary to adapt negotiated 
rulemaking procedures to the unique context of self-governance and the 
government-to-government relationship between the United States and 
Indian Tribes.
Agricultural Leasing of Indian Land (1076-AF66)
    This rule would update provisions addressing leasing of trust or 
restricted land (Indian land) for agricultural purposes to reflect 
updates that have been made to business and residential leasing 
provisions and address outdated provisions.

Bureau of Land Management

    The BLM manages more than 245 million acres of public land, known 
as the National System of Public Lands, primarily located in 12 Western 
States, including Alaska. The BLM also administers 700 million acres of 
sub-surface mineral estate throughout the Nation. The agency's mission 
is to sustain the health, diversity, and productivity of America's 
public lands for the use and enjoyment of present and future 
generations.
Regulatory and Deregulatory Actions
    In the coming year, the BLM will prioritize the following 
rulemaking actions:
Livestock Grazing (1004-AE82)
    This proposed rule would revise BLM's grazing regulations to 
improve resource management and increase efficiency by streamlining and 
clarifying grazing processes and improving coordination among Federal, 
State, and local government entities. The proposed rule would revise 
the regulations at 43 CFR parts 4100, 1600, and 1500. These revisions 
and additions would help provide the public and land managers with 
accurate and reliable information regarding grazing administration on 
public lands.
Update of the Communications Uses Program, Right-of-Way Cost Recovery 
Fee Schedules and Section 512 of FLPMA for Rights-of-Way (1004-AE60)
    The BLM will propose amendments to its existing ROW regulations to 
streamline and improve efficiencies in the communications uses program, 
update the cost recovery fee schedules for ROW work activities, and 
include provisions governing the development and approval of operating 
plans and agreements for ROWs for electric transmission and 
distribution facilities. Communications uses, such as broadband, are a 
subset of ROW activities authorized under the Federal Land Policy and 
Management Act of 1976 (FLPMA), as amended. Cost recovery fees apply to 
most ROW activities authorized under either FLPMA or the Mineral 
Leasing Act of 1920, as amended. This proposed rule would also 
implement vegetation management requirements included in the 
Consolidated Appropriations Act, 2018 (codified at 43 U.S.C. 1772) to 
address fire risk from and to powerline ROWs on public lands and 
national forests. The regulatory amendments would also codify statutory 
requirements regarding review and approval of utilities maintenance 
plans, liability limitations, and definitions of hazard trees and 
emergency conditions.
Bonding (1004-AE68)
    This proposed rule would update the bonding procedures for ROWs on 
BLM-managed public land to make them clearer and easier to understand, 
which would facilitate efficient bond calculations.
Rights-of-Way, Leasing and Operations for Renewable Energy and 
Transmission Lines 43 CFR Parts 2800, 2880, 3200 (1004-AE78)
    This proposed rule, which published on November 7, 2022 (87 FR 
67306) would revise BLM's regulations for ROWs, leasing, and operations 
related to all activities associated with renewable energy and 
transmission lines. The Energy Act of 2020 and E.O. 14008 prioritize 
the Department's need to improve permitting activities and processes to 
facilitate increased renewable energy production on public lands.
Waste Prevention, Production Subject to Royalties, and Resource 
Conservation 43 CFR Parts 3160 and 3170 (1004-AE79)
    This proposed rule which published on November 30, 2022, (87 FR 
73588) would update BLM's regulations governing the waste of natural 
gas through venting, flaring, and leaks on onshore Federal and Indian 
oil and gas leases. The proposed rule would address the priorities 
associated with E.O. 14008. In addition, in accordance with E.O. 13990, 
this proposed rule would reduce methane emissions in the oil and gas 
sector and mitigate impacts of climate change.
Revision of Existing Regulations Pertaining to Oil and Gas Leases and 
Leasing Process 43 CFR Parts 3100 and 3400 (1004-AE80)
    This proposed rule would revise BLM's oil and gas regulations to 
update the fees, rents, royalties, and bonding requirements related to 
oil and gas leasing, development, and production. The proposed rule 
would also update BLM's process for leasing to ensure the protection 
and proper stewardship of the public lands, including potential climate 
and other impacts associated with oil and gas activities. This rule 
would implement provisions of the IRA regarding oil and gas resources 
on public lands.
Revision of Existing Regulations Retaining to Leasing and Operations of 
Geothermal 43 CFR Part 3200 (1004-AE84)
    This proposed rule would update and codify BLM's Geothermal 
Resource Orders into regulation, including common geothermal standard 
practices, and inspection requirements and procedures.
Protection, Management, and Control of Wild Horses and Burros 43 CFR 
Part 4700 (1004-AE83)
    This proposed rule would address wild horse and burro management 
challenges by adding regulatory tools that better reflect BLM's current 
statutory authorities. For example, the existing regulations do not 
address certain management authorities that Congress has provided since 
1986 to control wild horse and burro populations, such as the BLM's 
authority to sell excess wild horses and burros. Updating the 
regulations would also facilitate management strategies and priorities 
that were not utilized when the regulations were originally 
promulgated, such as the application of fertility control vaccines, 
managing for nonreproducing herds, and feeding and caring for unsold 
and unadopted animals at off-range corrals and pastures. The proposed 
rule would also clarify ambiguities and management limitations in the 
existing regulations.
Revisions to the Oil and Gas Site Security, Oil Measurement, and Gas 
Measurement Regulations (1004-AE87)
    This rule would update BLM's existing rules governing site security 
and measurement of oil and gas from onshore Federal and Indian oil and 
gas leases. Since BLM adopted the existing rules in November 2016, the 
agency has

[[Page 11075]]

encountered significant challenges in implementing them. This 
regulatory action would rectify gaps and inconsistencies in the current 
regulations and improve measurement accuracy, verifiability, and 
accountability on Federal and Indian minerals.
Wildfire Prevention (1004-AE88)
    This rule would revise BLM's fire-trespass and cost recovery 
regulations. The changes would help prevent wildfires by creating a 
more effective deterrent to human-caused wildfires and unauthorized 
burning of public lands and make it easier for the agency to recover 
damages from wildfires.
Closure and Restriction Orders (1004-AE89)
    This proposed rule would help BLM to better protect persons, 
property, and public lands and resources by allowing the agency to 
close or restrict the use of public lands in a timelier manner. The 
rule would also make BLM's regulations more consistent with other 
Federal land management agencies' closure and restriction authorities.
Sustained Yield and Land Health (1004-AE92)
    The BLM is drafting a rule to clarify and support the principles of 
multiple use and sustained yield in the management of the public lands 
pursuant to FLPMA and other relevant authorities. This proposed rule 
rests within 43 CFR 6000 and would provide an overarching framework 
governing multiple resource areas to ensure land health and sustained 
yield. This rule would affirm the important role of restoration and 
conservation actions in building and maintaining sustainable land 
management practices to ensure healthy and productive ecosystems for 
current and future generations.

Bureau of Ocean Energy Management

    The mission of BOEM is to manage development of U.S. OCS energy and 
mineral resources in an environmentally and economically responsible 
way. In accordance with its statutory mandate under Outer Continental 
Shelf Lands Act (OCSLA), BOEM is committed to implementing its dual 
mission of promoting the expeditious and orderly development of the 
Nation's energy resources while simultaneously protecting the marine, 
human, and coastal environment of the OCS State submerged lands and the 
coastal communities. Consistent with the policy outlined by the 
administration in E.O. 14008, BOEM is reevaluating its programs related 
to the offshore development of energy and mineral resources. The BOEM 
is working with the Department to review options for expanding 
renewable energy production while evaluating alternatives to better 
protect the lands, waters, and biodiversity of species located within 
the U.S. exclusive economic zone.
Regulatory and Deregulatory Actions
    In the coming year, BOEM will prioritize the following rulemaking 
actions:
Renewable Energy Modernization Rule (1010-AE04)
    The BOEM will propose a rule that would update existing renewable 
energy regulations to help facilitate the timely and responsible 
development of renewable energy resources on the OCS and promote U.S. 
energy independence. This proposed rule contains reforms identified by 
BOEM and recommended by industry, including proposals for incremental 
funding of decommissioning accounts; more flexible geophysical and 
geotechnical survey submission requirements; streamlined approval of 
meteorological buoys; revised project verification procedures; and 
greater clarity regarding safety requirements. This rule advances the 
administration's energy policies in a safe and environmentally sound 
manner that provides a fair return to the American taxpayer while also.
Bureau of Ocean Energy Management, and Bureau of Safety and 
Environmental Enforcement Renewable Energy Split Final Rule (1082-AA03)
    The Department updated the Departmental Manual, which transferred 
the safety, environmental enforcement, and compliance functions 
relevant to renewable energy activities on the OCS from BOEM to BSEE. 
BSEE and BOEM will amend their respective regulations to reflect the 
split of functions between the two Bureaus.
Risk Management and Financial Assurance for OCS Lease and Grant 
Obligations (1010-AE14)
    The BOEM has reconsidered the financial assurance policies 
expressed in the joint proposed rule (85 FR 65904) issued with BSEE 
(1082-AA02) and has determined that it would be appropriate to issue a 
new proposed rule that will better protect the American taxpayers from 
shouldering liability for the decommissioning of offshore oil and gas 
facilities. The proposed rule would ensure that facilities no longer 
needed for oil or gas exploration, or development are shut down in a 
safe and environmentally responsible manner. The proposed rule would 
modify the evaluation criteria for determining whether oil, gas and 
sulfur lessees, right-of-use and easement grant holders, and pipeline 
ROW grant holders may be required to provide bonds or other financial 
assurance, above the regulatorily prescribed amounts for base bonds, to 
ensure compliance with their OCS obligations.
Carbon Sequestration (1082-AA04)
    In accordance with the BIL, BOEM and BSEE are jointly proposing to 
establish regulations governing carbon transportation and storage on 
the OCS. Carbon capture, utilization, transport and storage (CCUTS) 
technologies are necessary to reduce hard-to-abate emissions from the 
industrial sector, which emits nearly 25 percent of all carbon dioxide 
released into the atmosphere in the United States. The CCUTS is likely 
needed to achieve mid-century climate goals and has the potential to 
drive regional economic development, technological innovation, and 
high-wage employment.
Protection of Marine Archaeological Resources (1010-AE11)
    The BOEM is tasked to consider the effects of its undertakings on 
significant cultural resources. Title 36 section 800.4(b)(1) 
(Protection of Historic Properties) of the Code of Federal Regulations 
requires that ``the agency official shall make a reasonable and good 
faith effort to carry out appropriate identification efforts, which may 
include background research, consultation, oral history interviews, 
sample field investigation, and field survey.'' The BOEM would propose 
a rule that would revise when lessees and operators would need to 
conduct archaeological surveys. It would clarify when operators would 
submit an archaeological report with their applications and clarify the 
source and extent of the data utilized.

Bureau of Safety and Environmental Enforcement

    The BSEE's mission is to promote safety, protect the environment, 
and conserve resources offshore through vigorous regulatory oversight 
and enforcement. The BSEE is the lead Federal agency charged with 
improving safety and ensuring environmental protection related to 
conventional and renewable energy activities on the U.S. OCS.
Regulatory and Deregulatory Actions
    In the coming year, BSEE will prioritize the following rulemaking 
actions:

[[Page 11076]]

Oil-Spill Response Requirements for Facilities Located Seaward of the 
Coast Line Proposed Rule (1014-AA44)
    The oil spill response requirements regulations found in 30 CFR 
part 254 were last updated over 20 years ago (62 FR 13996, Mar. 25, 
1997). This proposed rule would update existing regulations to 
incorporate the latest advancements in spill response and preparedness 
policies and technologies, as well as lessons learned and 
recommendations from reports related to the Deepwater Horizon explosion 
and subsequent oil spill.
Revisions to Subpart J--Pipelines and Pipeline Rights-of-Way Proposed 
Rule (1014-AA45)
    This proposed rule would revise specific provisions of the current 
pipelines and pipeline ROW regulations under 30 CFR 250 subpart J to 
update those regulations to align with current technology and state-of-
the-art safety equipment and procedures, primarily through the 
incorporation of industry standards.
Outer Continental Shelf Lands Act; Operating in High-Pressure and/or 
High-Temperature (HPHT) Environments (1014-AA49)
    Currently, BSEE has no regulations specific to high pressure and/or 
high temperature (HPHT) projects, requiring it to issue multiple 
guidance documents clarifying the specific HPHT information prospective 
operators should submit to BSEE to support the Bureau's programmatic 
reviews and approvals of such projects. This final rule will formally 
codify BSEE's existing process for reviewing and approving projects in 
HPHT environments.
Oil and Gas and Sulfur Operations in the Outer Continental Shelf-
Blowout Preventer Systems and Well Control Revisions (RIN
    This rulemaking would revise BSEE regulations published in the 2019 
final rule ``Oil and Gas and Sulfur Operations in the Outer Continental 
Shelf Blowout Preventer Systems and Well Control Revisions,'' 84 FR 
21908 (May 15, 2019), for drilling, workover, completion, and 
decommissioning operations.
Revisions to Decommissioning Requirements on the OCS (1014-AA53)
    This proposed rule would address issues relating to: (1) idle iron 
by adding a definition of this term to clarify that it applies to idle 
wells and structures on active leases; (2) abandonment in place of 
subsea infrastructure by adding regulations addressing when BSEE may 
approve decommissioning-in-place instead of removal of certain subsea 
equipment; and (3) other operational considerations.
Risk Management, Financial Assurance and Loss Prevention--
Decommissioning Activities and Obligations (1082-AA02)
    On October 12, 2020, BOEM and BSEE published the joint proposed 
rule in the Federal Register (85 FR 65904). The BSEE will continue to 
pursue this rulemaking as a BSEE-only final rule to revise policies and 
procedures concerning compliance with decommissioning obligations for 
OCS oil and gas. The final rule will clarify and streamline specific 
regulatory requirements associated with the operational and procedural 
aspects of applicable decommissioning responsibilities of OCS lessees 
and grant holders. The BOEM will continue to evaluate and develop a 
comprehensive set of regulations to manage the risks and financial 
obligations associated with industry activities on the OCS and pursue 
these actions in a separate rulemaking under RIN 1010-AE14.
Bureau of Ocean Energy Management, and Bureau of Safety and 
Environmental Enforcement Renewable Energy Split Final Rule (1082-AA03)
    The BOEM currently has authority over all renewable energy 
activities on the OCS under regulations at 30 CFR part 585. The BOEM 
and BSEE are in the process of amending various chapters in the 
Departmental Manual to transfer the safety, environmental enforcement, 
and compliance functions relevant to renewable energy activities from 
BOEM to BSEE. Consistent with that effort, BSEE and BOEM will amend 
their respective regulations to reflect the split of functions between 
the two Bureaus.

Office of the Chief Information Officer

    The Office of the Chief Information Officer (OCIO) provides 
leadership to the Department and its Bureaus in all areas of 
information management and technology (IT). To successfully serve the 
Department's multiple missions, the OCIO applies modern IT tools, 
approaches, systems, and products. Effective and innovative use of 
technology and information resources enables transparency and 
accessibility of information and services to the public.
    In 2022, OCIO finalized the following rules:
Insider Threat Program System of Records (1090-AB15)
    This final rule, which published on February 15, 2022 (87 FR 8427), 
revised the Department's Privacy Act regulations at 43 CFR 2.254 to 
claim Privacy Act exemptions for certain records in the DOI-50, Insider 
Threat Program, system of records from one or more provisions of the 
Privacy Act pursuant to 5 U.S.C. 552a(j) and (k), because of criminal, 
civil, and administrative law enforcement requirements.
Social Security Number Fraud Prevention Act of 2017 Implementation 
(1090-AB24)
    This direct final rule, which published on July 14, 2022 (87 FR 
42097), amends 43 CFR part 2 to add subpart M to implement the Social 
Security Number Fraud Prevention Act of 2017, which directs Federal 
agencies to issue regulations that prohibit the inclusion of an 
individual's Social Security number (SSN) on any document sent through 
the mail unless the Secretary deems it necessary. The regulations also 
include requirements for protecting documents with SSNs sent through 
postal mail.
    For the coming year, OCIO will prioritize the following rules:
Network Security System of Records (1090-AB14)
    This rule would revise the Department's Privacy Act regulations at 
43 CFR 2.254 to claim Privacy Act exemptions for certain records in the 
DOI-49, Network Security, system of records from one or more provisions 
of the Privacy Act pursuant to 5 U.S.C. 552a(j) and (k), because of 
criminal, civil, and administrative law enforcement requirements.
Personnel Security Files System of Records (1090-AB16)
    This rule would revise the Department's Privacy Act regulations at 
43 CFR 2.254 to claim Privacy Act exemptions for certain records in the 
DOI-45, Personnel Security Files, system of records from one or more 
provisions of the Privacy Act pursuant to 5 U.S.C. 552a(k), because of 
criminal, civil, and administrative law enforcement requirements.

Office of Acquisition and Property Management

    The Office of Acquisition and Property Management (PAM) coordinates 
Department-wide implementation of Federal policy and regulations for 
acquisition, including real, personal, and museum property. The PAM 
also directs activities in other essential areas including motor 
vehicle fleet management, space management, energy efficiency, water 
conservation,

[[Page 11077]]

renewable energy programs, and capital planning for real and personal 
property assets.
    For the coming year, PAM will prioritize the following rules:
Department of the Interior Acquisition Regulation, Governance Titles 
(1090-AB25)
    The PAM proposes changes to the Department of the Interior 
Acquisition Regulation to update its nomenclature to align with recent 
changes to agency procurement governance. The senior GS-1102 
contracting subject matter expert in a Department Bureau or Office has 
been designated as the Head of the Contracting Activity (formerly 
designated as the Bureau Procurement Chief). The Senior Executive who 
is accountable for the contracting activity has been designated as the 
Bureau Procurement Executive (this position was formerly designated as 
the Head of the Contracting Activity). These amendments enable 
acquisition programs to more efficiently meet the Department's mission 
needs and comply with all applicable law and regulations.

Office of Hearings and Appeals

    The Office of Hearings and Appeals (OHA) exercises the delegated 
authority of the Secretary to conduct hearings and decide appeals from 
decisions made by the Bureaus and Offices of the Department. The OHA 
provides an impartial forum for parties who are affected by the 
decisions of the Department's Bureaus and Offices to obtain independent 
review of those decisions. The OHA also handles the probating of Indian 
trust estates, ensuring that individual Indian interests in allotted 
lands, their proceeds, and other trust assets are conveyed to the 
decedents' rightful heirs and beneficiaries.
Updates to American Indian Probate Regulations (1094-AA55)
    On December 2021, OHA published this final rule (86 FR 72068) that 
makes regulatory changes relating to efficiency and streamlining of 
probate processes. This rule ensures that the Department meets its 
trust obligations and helps achieve the American Indian Probate Reform 
Act/statutory goal of reducing fractionalization of trust property 
interests.
    For the coming year, OHA will prioritize the following regulatory 
action:
Practices Before the Department of Interior (1094-AA56)
    This direct final rule will amend existing regulations to keep up 
to date office addresses for hearings and appeals purposes, to allow 
the OHA Director to issue interim orders in emergency circumstances, 
and to allow the OHA Director to issue standing orders that will 
improve OHA's service to the public and the parties by modernizing its 
processes.
Office of Hearings and Appeals (OHA) Rule (1094-AA57)
    This proposed rule will update outdated provisions, make process 
improvements, and provide a more modernized hearings and appeals 
process for proceedings before OHA. This is a comprehensive proposal to 
provide a more efficient process for OHA and the parties who appear 
before it, including external stakeholders and Departmental bureaus. 
The rule will build upon the Direct Final Rule to incorporate a new 
electronic filing and docket management system into OHA's processes and 
will update a number of other procedural rules. Included in this 
proposed rule are comprehensive changes to special rules for the 
Interior Board of Land Appeals, Departmental Cases Hearings Division, 
and the Director's office. Other provisions address specific needs of 
the Interior Board of Indian Appeals and the Probate Hearings Division.

Office of Natural Resources Revenue

    The Office of Natural Resources Revenue (ONRR) is responsible for 
collecting, accounting for, and disbursing revenues from Federal 
offshore energy and mineral leases and from onshore mineral leases on 
Federal and Indian lands. The ONRR operates nationwide and is primarily 
responsible for the timely and accurate collection, distribution, and 
accounting of revenues associated with mineral and energy production.
    ONRR completed the following rulemakings:
ONRR 2020 Valuation Reform and Civil Penalty Rule: Final Withdrawal 
Rule (1012-AA27)
    ONRR published a final rule on September 30, 2021, withdrawing the 
ONRR 2020 Valuation Reform and Civil Penalty Rule. The final rule 
became effective on November 1, 2021.
ONRR 2020 Valuation Reform and Civil Penalty Rule: Final Withdrawal 
Rule (1012-AA27)
    On September 20, 2021, ONRR published a final rule withdrawing the 
ONRR 2020 Valuation Reform and Civil Penalty Rule. The final rule 
became effective on November 1, 2021 (86 FR 54045).
    In the coming year, ONRR will prioritize the following rulemaking 
actions:
Electronic Provision of Records During an Audit (1012-AA32)
    The ONRR will publish a proposed rule to amend its regulations to 
allow ONRR and other authorized Departmental representatives the option 
to require that an auditee use electronic means to provide records 
requested during an audit of natural resources revenue reporting and 
payment.
ONRR Designation Form for Payment Responsibility (1012-AA33)
    The ONRR will publish a proposed rule to amend its regulations and 
revise its form for designating a designee for a Federal oil and gas 
lease. This action opens a 60-day comment period to allow interested 
parties to comment on the proposed rule and its information collection 
requirements.
Partial Repeal of Consolidated Federal Oil & Gas and Federal & Indian 
Coal Reform Final Rule (1012-AA34)
    The ONRR is reissuing certain regulations for the valuation of 
Federal and Indian coal to implement a court order that vacates the 
coal valuation portions of a 2016 rule. These republished regulations 
implement the court's order by recodifying the regulations that were in 
effect prior to the vacated 2016 rule.

Office of Surface Mining Reclamation and Enforcement

    The Office of Surface Mining Reclamation and Enforcement (OSMRE) 
was created by the Surface Mining Control and Reclamation Act of 1977 
(SMCRA). The OSMRE works with States and Tribes to ensure that citizens 
and the environment are protected during coal mining and that the land 
is restored to beneficial use when mining is finished. The OSMRE and 
its partners are also responsible for reclaiming and restoring lands 
and water degraded by mining operations before 1977. The OSMRE focuses 
on overseeing the State programs and developing new tools to help the 
States and Tribes get the job done.
    The OSMRE also works with colleges and universities and other State 
and Federal agencies to further the science of reclaiming mined lands 
and protecting the environment, including initiatives to promote 
planting more trees and restoring much-needed wildlife habitat.

[[Page 11078]]

Regulatory and Deregulatory Actions
    OSMRE completed the following rulemaking:
    On August 24, 2022, OSMRE published its Abandoned Mine Land (AML) 
Fee Renewal final rule (87 FR 51904), making amendments to its 
regulations governing the AML Fund to be consistent with the BIL, which 
included the Abandoned Mine Land Reclamation Amendments of 2021. The 
final rule reflects the extension of OSMRE's statutory authority to 
collect reclamation fees for an additional 13 years, the 20 percent 
reduction in fee rates, and a change to maintain the existing the grant 
distribution formula for eligible States and Tribes.
    For coming year, OSMRE will prioritize the following regulatory 
actions:
Ten Day Notices (1029-AC81)
    This rule would amend OSMRE's regulations on the ten-day notices 
rule that went into effect on December 24, 2020. The proposed rule 
would also amend the existing rules about when OSMRE sends ten-day 
notices to State regulatory authorities regarding possible SMCRA 
violations.
Emergency Preparedness for Impoundments (1029-AC82)
    This rule would incorporate certain aspects of the Federal 
Guidelines for Dam Safety (FGDS) into OSMRE's existing regulations. 
These regulations relate to emergency preparedness for impoundments and 
propose to incorporate the FGDS Emergency Action Plans (EAP) and After-
Action Reports (AAR). The proposed rule may result in revisions to 
OSMRE's regulations at 30 CFR 701.5, 780.25, 784.16, 816.49, 817.49, 
816.84, and 817.84. Also, OSMRE may add new provisions to the 
regulations to explain the EAP and AAR requirements and align the 
classification of impoundments with industry and other Government 
agency standards.

U.S. Fish and Wildlife Service

    The mission of FWS is to work with others to conserve, protect, and 
enhance fish, wildlife, and plants and their habitats for the 
continuing benefit of the American people. The FWS provides 
opportunities for Americans to enjoy the outdoors and our shared 
natural heritage. The FWS also promotes and encourages the pursuit of 
recreational activities such as hunting and fishing and wildlife 
observation.
    The FWS manages a network of 568 NWRs, with at least 1 refuge in 
each U.S. State and Territory, and with more than 100 refuges close to 
major urban centers. The Refuge System plays an essential role in 
providing outdoor recreation opportunities to the American public. In 
2020, more than 61 million visitors went to refuges to hunt, fish, 
observe or photograph wildlife, or participate in environmental 
education or interpretation.
    The FWS fulfills its responsibilities through a diverse array of 
programs that:
     Protect and recover endangered and threatened species;
     Monitor and manage migratory birds;
     Restore nationally significant fisheries;
     Enforce Federal wildlife laws and regulate international 
trade;
     Conserve and restore wildlife habitat such as wetlands;
     Manage and distribute over a billion dollars each year to 
States, Territories, and Tribes for fish and wildlife conservation;
     Help foreign governments conserve wildlife through 
international conservation efforts; and
     Fulfill our Federal Tribal trust responsibility.
Regulatory and Deregulatory Actions
    FWS completed the following rulemakings:
Endangered and Threatened Wildlife and Plants; Revised Designation of 
Critical Habitat for the Northern Spotted Owl (1018-BF01)
    This final rule, which published on November 10, 2021 (86 FR 
62606), withdrew and revised the final rule published on January 15, 
2021 (86 FR 4820) to redesignate critical habitat for the northern 
spotted owl (Strix occidentalis caurina) under the ESA. After a review 
of the best available scientific and commercial information, FWS 
withdrew the 2021 final rule that would have excluded approximately 3.4 
million acres (1.4 million hectares) of designated critical habitat for 
the northern spotted owl. Instead, on August 11, 2020 (85 FR 48487), 
the FWS proposed exclusions under section 4(b)(2) of the ESA and then 
finalized revisions to the species' designated critical habitat by 
excluding approximately 204,294 acres (82,675 hectares) in Oregon.
Endangered and Threatened Wildlife and Plants; Revision of the 
Regulations for Listing Endangered and Threatened Species and 
Designation of Critical Habitat (1018-BE69)
    On June 24, 2022 (87 FR 37757), FWS and the NMFS rescinded the 
final rule titled, ``Endangered and Threatened Wildlife and Plants; 
Regulations for Listing Endangered and Threatened Species and 
Designating Critical Habitat'' (87 FR 37757, December 1, 2020). The 
2022 final rule removed the regulatory definition of ``habitat'' 
established by the 2020 rule.
Endangered and Threatened Wildlife and Plan; Revision of the 
Regulations for Designating Critical Habitat (1018-BD84)
    On July 21, 2022, FWS published the final rule, ``Endangered and 
Threatened Wildlife and Plants; Regulations for Designating Critical 
Habitat'' (87 FR 43433). The final rule rescinded the rule, 
``Endangered and Threatened Wildlife and Plants; Regulations for 
Designating Critical Habitat,'' that published on December 18, 2020, 
(85 FR 82376) and became effective January 19, 2021. The rule set forth 
new regulations addressing how we exclude areas of critical habitat 
under section 4(b)(2) of the ESA, outlining when and how FWS will 
undertake an exclusion analysis. The 2022 rule removed the regulations 
established by the 2020 rule.
Regulations Governing Take of Migratory Birds (1018-BD76)
    On January 7, 2021, FWS published a final rule defining the scope 
of the Migratory Bird Treaty Act (MBTA) as it applies to conduct 
resulting in the injury or death of migratory birds protected by the 
MBTA (86 FR 1134). On October 4, 2021, FWS published a final rule 
revoking the January 7, 2021, rule (86 FR 54642). The effect of this 
rule is a return to implementing the MBTA as prohibiting incidental 
take and applying enforcement discretion, consistent with judicial 
precedent.
Revision of Regulations Implementing the Convention on International 
Trade in Endangered Species of Wild Fauna and Flora (CITES); Updates 
Following the Eighteenth Meeting of the Conference of the Parties 
(CoP18) to CITES (1018-BF14)
    On February 23, 2022, FWS published a final rule, ``Implementing 
the Convention on International Trade in Endangered Species of Wild 
Fauna and Flora (CITES); Updates Following the Eighteenth Meeting of 
the Conference of the Parties (CoP18) to CITES,'' (87 FR 10073).
    The final rule revised regulations that implement CITES by 
incorporating certain non-controversial provisions adopted at the 16th 
through 18th meetings of the Conference of the Parties (CoP16-CoP18) to 
CITES and clarifying and updating certain other provisions. These 
changes bring U.S. regulations in line with certain revisions adopted 
at the three most recent

[[Page 11079]]

meetings of the CoP, which took place in March 2013 (CoP16), September-
October 2016 (CoP17), and August 2019 (CoP18). The revised regulations 
also enable FWS to more effectively promote species conservation, help 
us continue to fulfill our responsibilities under the Treaty, and help 
those affected by CITES to understand how to conduct lawful 
international trade.
2022-2023 Station-Specific Hunting and Sport Fishing Regulations (1018-
BF09)
    This rule made additions and revisions to station-specific 
regulations and expanded hunting and sport fishing opportunities for 
the 2022-23 hunting and sport fishing season. This action is part of an 
annual update for the national wildlife refuge system and the national 
fish hatchery system that ensures adequate public notice of openings 
and changes. These changes and openings enhance conservation 
stewardship and outdoor recreation and improve the management of game 
species and their habitat. The FWS operates hunting and sport fishing 
programs on refuges to implement Congressional directives to facilitate 
compatible priority wildlife-dependent recreational opportunities. 
Although hatcheries are not part of the national wildlife refuge 
system, by regulation, the administrative provisions of refuge 
regulations are applied to national fish hatchery areas.
    In the coming year, FWS will prioritize the following rulemaking 
actions:
Regulations Under the Endangered Species Act
    The FWS will promulgate multiple regulatory actions under the ESA 
to prevent the extinction of and facilitate the recovery of both 
domestic and foreign animal and plant species. Accordingly, FWS will 
add species to, remove species from, and reclassify species on the 
Lists of Endangered and Threatened Wildlife and Plants and designate 
critical habitat for certain listed species, in accordance with the 
National Listing Workplan (Workplan). The Workplan enables FWS to 
prioritize workloads based on the needs of candidate and petitioned 
species, while providing greater clarity and predictability about the 
timing of listing determinations to State wildlife agencies, nonprofit 
organizations, and other stakeholders and partners. The Workplan 
represents the conservation priorities of FWS based on its review of 
scientific information. The goal is to encourage proactive conservation 
so that Federal protections are not needed in the first place.
    The FWS also plans to promulgate several species-specific rules to 
protect threatened species under section 4(d) of the ESA.
Endangered and Threatened Wildlife and Plants; Regulations for Listing 
Endangered and Threatened Species and Designating Critical Habitat 
(1018-BF95)
    Per section 2 of E.O. 13990 and the ``Fact Sheet: List of Agency 
Actions for Review,'' the Departments of Commerce and the Interior 
(Departments) initiated a review of the August 27, 2019, final rule (84 
FR 45020) that revised the regulations for adding and removing species 
from the Lists of Endangered and Threatened Wildlife and Plants and the 
procedures for designating critical habitat. On July 5, 2022, the 2019 
rule was vacated and remanded by the U.S. District Court for the 
Northern District of California. In response to the court order, the 
Departments will propose a new rulemaking.
Endangered and Threatened Wildlife and Plants; Interagency Cooperation 
(1018-BF96)
    Per section 2 of E.O. 13990 and the ``Fact Sheet: List of Agency 
Actions for Review,'' the Departments initiated a review of the August 
27, 2019, final rule (84 FR 44976) that revised portions of the 
regulations that implement section 7 of the ESA, as amended. On July 5, 
2022, the 2019 rule was vacated and remanded by the U.S. District Court 
for the Northern District of California. In response to the court 
order, the Departments will propose a new rulemaking.
Regulations Under the Migratory Bird Treaty Act and the Bald and Golden 
Eagle Protection Act: Migratory Bird Permits; Authorizing the 
Incidental Take of Migratory Birds (1018-BF71)
    This proposed rulemaking action would amend FWS regulations by 
providing definitions to terms used in the MBTA, as amended. This 
proposed rule would clarify that the MBTA's prohibitions on taking and 
killing migratory birds includes foreseeable, direct taking and killing 
that is incidental to other activities. The proposed rule would also 
establish authorizations for otherwise prohibited take of migratory 
birds.
Eagle Permits; Incidental Take (1018-BE70)
    FWS published this proposed rule on September 30, 2022 (87 FR 
59598). This proposed rule seeks public and regulated-community input 
on potential approaches for further expediting and simplifying the 
permit process authorizing incidental take of eagles. The proposed rule 
would revise the regulations authorizing eagle incidental take and 
eagle nest take permits to increase the efficiency and effectiveness of 
permitting, facilitate and improve compliance, and increase the 
conservation benefit for eagles. The proposed rule would create general 
eagle permits for certain activities under prescribed conditions in 
addition to specific eagle permits authorized under current 
regulations.
Possession of Migratory Bird Feathers (1018-BB88)
    This proposed rule will seek public comments on: (1) authorized 
possession of naturally molted migratory bird feathers, including those 
from bald eagles and golden eagles; (2) collection, possession, and use 
of migratory birds by enrolled members of federally recognized Tribes; 
and (3) administrative changes to the current 50 CFR 22.60, Eagle 
Indian Religious Permits.

National Park Service

    The NPS preserves the natural and cultural resources and values 
within 423 units of the National Park System encompassing more than 85 
million acres of lands and waters for the enjoyment, education, and 
inspiration of this and future generations. The NPS also cooperates 
with partners to extend the benefits of resource conservation and 
outdoor recreation throughout the United States and the world.
Regulatory and Deregulatory Actions
    NPS completed the following rulemakings:
Colonial National Historical Park; Vessels and Commercial Passenger-
Carrying Motor Vehicles (1024-AE39)
    This final rule published, which published on December 15, 2021 (86 
FR 71148), amended the special regulations for Colonial National 
Historical Park. The rule removed a regulation that prevents the 
Superintendent from designating sites within the park for launching and 
landing private vessels and removed outdated permit and fee 
requirements for commercial passenger-carrying vehicles.
Pictured Rocks National Lakeshore; Snowmobiles (1024-AE53)
    This final rule, which published on February 1, 2022, (87 FR 5402), 
clarified where snowmobiles may be used within the boundaries of the 
Lakeshore by replacing general language allowing snowmobiles on 
unplowed roads and

[[Page 11080]]

the shoulders of plowed roads with a comprehensive list of designated 
snowmobile routes.
Saint Croix National Scenic Riverway; Bicycling (1024-AE64)
    This final rule, which published on February 17, 2022, allows the 
use of bicycles on approximately 0.25 miles of new trail in Saint Croix 
National Scenic Riverway.
Curation of Federally Owned and Administered Archeological Collections 
(1024-AE58)
    This final rule, which published on April 15, 2022 (87 FR 22447), 
amends the regulations for the curation of Federally owned and 
administered archeological collections to establish definitions, 
standards, and procedures to dispose of particular material remains 
that are determined to be of insufficient archaeological interest. This 
rule promotes more efficient and effective curation of these 
archeological collections.
    In FY 2023, NPS will prioritize the following rulemaking actions:
Native American Graves Protection and Repatriation Act Systematic 
Process for Disposition and Repatriation of Native American Human 
Remains, Funerary Objects, Sacred Objects, and Objects of Cultural 
Patrimony (1024-AE19)
    This rule which published on October 18, 2022 (87 FR 63202), would 
revise the NAGPRA implementing regulations. The rule would eliminate 
ambiguities, correct inaccuracies, simplify excessively burdensome and 
complicated requirements, clarify timelines, and remove offensive 
terminology in the existing regulations that have inhibited the 
respectful repatriation of most Native American human remains. This 
rule would simplify and improve the regulatory process for repatriation 
and thereby advance the goals of racial justice, equity, and inclusion.
Alaska; Hunting and Trapping in National Preserves (1024-AE70)
    This rule would amend NPS regulations for sport hunting and 
trapping in national preserves in Alaska. This rule would prohibit 
certain harvest practices, including bear baiting; and prohibit 
predator control or predator reduction on national preserves.

Bureau of Reclamation

    The Bureau of Reclamation's (Reclamation) mission is to manage, 
develop, and protect water and related resources in an environmentally 
and economically sound manner in the interest of the American public. 
To accomplish this mission, Reclamation employs management, 
engineering, and science to achieve effective and environmentally 
sensitive solutions.
    Reclamation's projects provide irrigation water service; municipal 
and industrial water supply; hydroelectric power generation; water 
quality improvement; groundwater management; fish and wildlife 
enhancement; outdoor recreation; flood control; navigation; river 
regulation and control; system optimization; and related uses. In 
addition, Reclamation continues to provide increased security at its 
facilities.
Regulatory and Deregulatory Actions
    In FY 2023, Reclamation will prioritize the following rulemaking 
action:
Public Conduct on Bureau of Reclamation Facilities, Lands and 
Waterbodies (1006-AA58)
    This proposed update to an existing rule would revise existing 
definitions for the use of aircraft; the possession of firearms, update 
regulations on camping, swimming, and winter recreation for the wide 
range of circumstances found across Reclamation; and would clarify the 
permitting of memorials and reburials on Reclamation lands.

Departmental

Paleontological Resources Preservation (1093-AA25)
    In FY 2022, the Department published a final rule on August 2, 
2022, (87 FR 47296) that addresses the management, collection, and 
curation of paleontological resources on or from Federal lands 
administered by the Department using scientific principles and 
expertise, including collection in accordance with permits; curation in 
an approved repository; and maintenance of confidentiality of specific 
locality data.

DOI--BUREAU OF LAND MANAGEMENT (BLM)

Final Rule Stage

117.  Onshore Oil and Gas Operations-Annual Civil Penalties 
Inflation Adjustments [1004-AE91]

    Priority: Other Significant.
    Legal Authority: Pub. L. 114-74, sec. 701
    CFR Citation: 43 CFR part 3160.
    Legal Deadline: Final, Statutory, January 15, 2023, Required by the 
Federal Civil Penalties Inflation Adjustment Act Improvements Act of 
2015.
    By statute, the rule must publish by January 15th each year.
    Abstract: This rule adjusts the level of civil monetary penalties 
contained in the Bureau of Land Management's (BLM) regulations 
governing onshore oil and gas operations and coal trespass as required 
by the Federal Civil Penalties Inflation Adjustment Act Improvements 
Act of 2015 (Act). The penalty adjustments made by this final rule 
constitute the 2023 annual inflation adjustments, accounting for 1 year 
of inflation spanning the period from October 2021 through October 
2022. The adjustments made by this final rule constitute the annual 
inflation adjustments contemplated by the Act.
    Statement of Need: This rule adjusts the level of civil monetary 
penalties contained in the Bureau of Land Management's (BLM) 
regulations governing onshore oil and gas operations and coal trespass 
as required by the Federal Civil Penalties Inflation Adjustment Act 
Improvements Act of 2015 (Act). The penalty adjustments made by this 
final rule constitute the 2023 annual inflation adjustments, accounting 
for 1 year of inflation spanning the period from October 2021 through 
October 2022. The adjustments made by this final rule constitute the 
annual inflation adjustments contemplated by the Act.
    Summary of Legal Basis: This action is mandated by the Federal 
Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (Pub. 
L. 114-74, sec. 701).
    Alternatives: N/A.
    Anticipated Cost and Benefits: TBD.
    Risks: None.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Final Action........................   01/00/23
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Small Entities Affected: No.
    Government Levels Affected: None.
    Agency Contact: Sheila Mallory, Acting Division Chief, Fluid 
Minerals Division, Department of the Interior, Bureau of Land 
Management, 20 M Street SE, Washington, DC 20003, Phone: 775 287-3293, 
Email: [email protected].
    Related RIN: Previously reported as 1004-AE77
    RIN: 1004-AE91
BILLING CODE 4334-63-P


[[Page 11081]]



DEPARTMENT OF JUSTICE (DOJ)--FALL 2022

Statement of Regulatory Priorities

    The mission of the Department of Justice is to uphold the rule of 
law, to keep our country safe, and to protect civil rights. In carrying 
out this mission, the Department is guided by the core values of 
integrity, fairness, and commitment to promoting the impartial 
administration of justice--including for those in historically 
underserved, vulnerable, or marginalized communities. Consistent with 
its mission and values, the Department is prioritizing activities that 
protect the public against foreign and domestic threats, strengthen 
enforcement of civil rights laws, defend against domestic and 
international terrorism, combat gun violence, prevent and control 
crime, and reform criminal justice systems. Because the Department of 
Justice is primarily a law enforcement agency, not a regulatory agency, 
it carries out its principal investigative, prosecutorial, and other 
enforcement activities through means other than the regulatory process.
    Regulatory action is, however, a significant aspect of the law 
enforcement mission of the Department. The regulatory priorities of the 
Department include initiatives in the areas of criminal justice reform, 
immigration, and gun violence reduction, and are effectuated through 
rulemaking by the various components of the Department. These 
initiatives, as well as others important to components' accomplishing 
key law enforcement priorities, are summarized below.

Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF)

    ATF issues regulations to enforce and implement federal laws 
relating to the manufacture, importation, sale, and other commerce in 
firearms and explosives. Such regulations are designed to promote the 
ATF mission to curb illegal traffic in, and criminal use of, firearms 
and explosives, to assist state, local, Tribal, territorial, and other 
federal law enforcement agencies in reducing violent crime.
    ATF will continue, as a priority during fiscal year 2022, to seek 
modifications to its regulations governing commerce in firearms and 
explosives in furtherance of these important goals.
    The Department has proposed to amend ATF's regulations to set forth 
factors considered when evaluating firearms with an attached 
stabilizing brace to determine whether they are considered firearms 
under the National Firearms Act and/or the Gun Control Act (RIN 1140-
AA55). ATF also has begun a rulemaking process that amends 27 CFR part 
447 to update the terminology in ATF's import control regulations based 
on similar terminology amendments made by the Department of State on 
the U.S. Munitions List in the International Traffic in Arms 
Regulations, and the Department of Commerce on the Commerce Control 
List in the Export Administration Regulations (RIN 1140-AA49).

Bureau of Prisons (BOP)

    BOP issues regulations to enforce and implement federal laws 
relating to its mission: to protect public safety by ensuring that 
federal offenders serve their sentences of imprisonment in facilities 
under conditions that are safe, humane, cost-efficient, and 
appropriately secure, and to provide rehabilitative and reentry 
programming to ensure their successful return to their communities.
    BOP continues to sustain its Incident Action Plan, developed in 
response to 2020 pandemic conditions, to facilitate continuity of 
operations, supplies, inmate movement, visitation, staff training, and 
official staff travel. As pandemic conditions continue to evolve, so do 
elements of BOP's Incident Action Plan. BOP also relies upon guidance 
from the World Health Organization (WHO), the Centers for Disease 
Control and Prevention, the Office of Personnel Management, DOJ, and 
the Office of the Vice President. BOP's Health Services of Division 
closely monitors the spread of monkeypox, and is prepared to respond, 
accordingly.
    The First Step Act (FSA) of 2018, Public Law 115-391, 132 Stat. 
5194 (2018) brings a host of regulatory changes for BOP. The BOP has 
enacted regulations for eligible inmates to earn FSA Time Credits 
towards prerelease custody or early transfer to supervised release. 
Inmates earn FSA Time Credits for successfully completing approved 
Evidence-Based Recidivism Reduction Programs or Productive Activities 
assigned to each inmate based on the inmate's risk and needs 
assessment. BOP will also finalize regulations implementing additional 
legislative changes enacted in the FSA to broaden the Good Conduct Time 
Credit system, revise inmate disciplinary regulations, and set aside 
inmate pay for prerelease purposes. BOP will also finalize a rule to 
clarify that the Director has authority to allow prisoners placed in 
home confinement under the CARES Act to remain in home confinement 
after the expiration of the covered emergency period (RIN 1120-AB79).
    The Bureau is actively pursuing proposed rules to update the inmate 
disciplinary code, inmate legal activities rules, and inmate financial 
responsibility program procedures. Final rules are soon to be issued to 
grant District of Columbia inmates good conduct time credits for 
educational programs, update technical sections of tort claims and 
administrative procedures programs, clarify use of force policy for 
less-than-lethal munitions to align with Executive Order 14074, and 
provide for more rapid infectious disease testing for new inmates.

Civil Rights Division (CRT)

    CRT works to uphold the civil and constitutional rights of all 
persons in the United States, particularly some of the most vulnerable 
members of our society. Consistent with this mission, CRT plans to 
engage in five separate rulemakings on disability rights.
    First, CRT plans to propose technical standards for public 
entities' websites under title II of the Americans with Disabilities 
Act (ADA) to help public entities meet their existing ADA obligations 
to ensure their websites are accessible to people with disabilities 
(RIN 1190-AA79). Second, CRT plans to amend the current DOJ regulation 
under section 504 of the Rehabilitation Act of 1973, which prohibits 
discrimination based on disability in programs and activities conducted 
by an executive agency, to bring it up to date (RIN 1190-AA73). Third, 
CRT will propose standards that address the accessibility of medical 
diagnostic equipment under titles II and III of the ADA (RIN 1190-
AA78). Fourth, CRT intends to propose requirements for pedestrian 
facilities in the public right-of-way, such as sidewalks and 
crosswalks, covered by subtitle A of title II of the ADA that are 
consistent with the Access Board's minimum Accessibility Guidelines for 
Pedestrian Facilities in the Public Right-of-Way to help public 
entities meet their existing ADA obligations to make those facilities 
accessible (RIN 1190-AA77). Last, CRT plans to publish an advance 
notice of proposed rulemaking seeking public input on possible 
revisions to its ADA regulations to ensure the accessibility of 
equipment and furniture in public entities' and public accommodations' 
programs and services (RIN 1190-AA76).

Drug Enforcement Administration (DEA)

    DEA is the agency primarily responsible for coordinating the drug 
law enforcement activities of the United

[[Page 11082]]

States and also assisting in the implementation of the President's 
National Drug Control Strategy. DEA implements and enforces titles II 
and III of the Comprehensive Drug Abuse Prevention and Control Act of 
1970 and the Controlled Substances Import and Export Act (21 U.S.C. 
801-971), as amended, collectively referred to as the Controlled 
Substances Act (CSA).
    DEA's mission is to enforce the controlled substances laws and 
regulations of the United States and bring to the criminal and civil 
justice system those organizations and individuals involved in the 
growing, manufacture, or distribution of controlled substances and 
listed chemicals appearing in or destined for illicit traffic in the 
United States. The CSA and its implementing regulations are designed to 
prevent, detect, and eliminate the diversion of controlled substances 
and listed chemicals into the illicit market while providing for the 
legitimate medical, scientific, research, and industrial needs of the 
United States.
    Pursuant to its statutory authority, DEA intends to continue with 
the following priority regulations that appeared on the Fall 2021 
Unified Agenda:
    A regulation that allows practitioners, subject to certain 
limitations, to supply up to a three--day supply of buprenorphine or 
other medications for maintenance and detoxification treatment of 
opioid use disorder, as instructed by Congress in Public Law 116-215 
(RIN-1117-AB73).
    Additionally, DEA anticipates publishing a proposed rule that 
promulgates changes which would enable data-waived registrants to 
prescribe Buprenorphine under limited circumstances to patients with 
substance use disorder by utilizing audio-only telecommunication 
systems (RIN 1117-AB78).
    DEA also proposes the following priority actions to the Fall 2022 
Unified Agenda: DEA intends to publish a proposed regulation that will 
authorize the issuance of registrations for telemedicine, and to 
prescribe the limited circumstances in which they may be obtained and 
used (RIN 1117-AB40).
    DEA also intends to publish a proposed regulation to amend the 
reporting requirements found at 21 CFR 1310.05(b)(2) mandating 
notification to DEA of domestic transactions involving tableting and 
encapsulating machines 15-days before the seller ships the machine. The 
draft regulation also proposes to amend the definitions of a 
``tableting machine'' and an ``encapsulating machine'' to include 
``parts thereof.'' Finally, the draft regulation seeks to modernize 
customer verification requirements for transactions and proposes 
modifications to DEA Form 452 to improve tracking of transactions of 
tableting and encapsulating machines (RIN 1117-AB80).

Executive Office for Immigration Review (EOIR)

    EOIR's primary mission is to adjudicate immigration cases by 
fairly, expeditiously, and uniformly interpreting and administering the 
nation's immigration laws. Under delegated authority from the Attorney 
General, EOIR conducts immigration court proceedings, appellate 
reviews, and administrative hearings relating to immigration-related 
employment practices. Immigration judges in EOIR's Office of the Chief 
Immigration Judge adjudicate cases to determine whether noncitizens 
should be ordered removed from the United States or should be granted 
some form of protection or relief from removal. The Board of 
Immigration Appeals (BIA) has jurisdiction over appeals from the 
decisions of immigration judges, as well as other matters specified by 
regulation. Accordingly, the Department of Justice has a significant 
role in the administration of the nation's immigration laws. The 
Attorney General also is responsible for civil litigation and criminal 
prosecutions relating to the immigration laws.
    Consistent with Executive Order 14010, EOIR is developing several 
regulations related to the asylum system. Specifically, EOIR is working 
with the Department of Homeland Security (DHS) to finalize an interim 
final rule that amended the procedures for the processing of asylum 
claims in expedited removal proceedings (RIN 1125-AB20). In addition, 
EOIR and DHS intend to propose a rule to address the circumstances in 
which an individual would be considered a member of a ``particular 
social group'' (RIN 1125-AB13). Similarly, EOIR and DHS intend to 
propose rules that would rescind bars to asylum implemented by three 
prior rules: RIN 1125-AA87 related to certain kinds of an applicant's 
criminal activity, RIN 1125-AA91 related to an applicant's transit 
through third countries, and RIN 1125-AB08 related to certain kinds of 
public health concerns. Moreover, EOIR intends to issue a rule to 
rescind or revise previous regulatory amendments regarding the time 
allowed for filing applications for asylum and withholding of removal 
by individuals in proceedings before EOIR (RIN 1125-AB15).
    Finally, EOIR is also working to revise and update the regulations 
relating to immigration proceedings to increase efficiency, while also 
safeguarding due process. EOIR is drafting a proposed rule that would 
provide guidance on administrative closure and termination procedures 
before the immigration courts and the BIA and make other revisions to 
ensure that BIA adjudications appropriately balance due process and 
efficiency considerations (RIN 1125-AB18).

Federal Bureau of Investigation (FBI)

    The FBI is responsible for protecting and defending the United 
States against terrorist and foreign intelligence threats, upholding 
and enforcing the criminal laws of the United States, and providing 
leadership and criminal justice services to federal, state, local, 
tribal territorial, and international agencies and partners. Only in 
limited contexts does the FBI rely on rulemaking.
    For example, the FBI drafted a proposed rule to establish the 
criteria for use by a designated entity in deciding fitness as 
described under the Child Protection Improvements Act (CPIA), 34 U.S.C. 
40102, Public Law 115-141, div. S. title I, section 101(a)(1), Mar. 23, 
2018, 132 Stat. 1123.
    The CPIA requires that the Attorney General, by rule, establish the 
criteria for use by designated entities in making a determination of 
fitness described in subsection (b)(4) of the Act concerning whether 
the provider has been convicted of, or is under pending indictment for, 
a crime that bears upon the provider's fitness to have responsibility 
for the safety and wellbeing of children, the elderly, or individuals 
with disabilities and shall convey that determination to the qualified 
entity. Such criteria shall be based on the criteria established 
pursuant to section 108(a)(3)(G)(i) of the Prosecutorial Remedies and 
Other Tools to end the Exploitation of Children Today Act of 2003 (34 
U.S.C. 40102 note) and section 658H of the Child Care and Development 
Block Grant Act of 1990 (42 U.S.C. 9858f).
    The FBI is also drafting rules to implement the Bipartisan Safer 
Communities Act of 2022 (BSCA), 28 U.S.C. 534, 34 U.S.C. 40901, and 34 
U.S.C., Subt. IV, ch. 411, Refs. & Annos., Public Law 117-159, div A, 
title II, sections 12001(a) and 12004(h), June 25, 2022, 136 Stat. 1313 
and the National Instant Criminal Background Check System (NICS) Denial 
Notification Act (NDNA) of 2022, 18 U.S.C. 921, 18 U.S.C. 925B through 
925D, Public Law

[[Page 11083]]

117-103, div. W, title XI, sections 1101 through 1103, March 15, 2022, 
136 Stat. 919.
    In accordance with the BSCA, the FBI will propose regulatory 
amendments to include, but not be limited to: authorizing and 
establishing the process for federal firearm licensees (FFLs) to 
receive access to records of stolen firearms maintained in the FBI's 
National Crime Information Center to verify if a firearm offered for 
sale to the FFL has been reported stolen; authorizing, and establishing 
the process for, FFLs to use NICS for the purpose of voluntary 
background checks of current and/or prospective employees of the FFL; 
and establishing the process when NICS has been contacted for the 
prospective transfer of a firearm to a person under the age of 21. For 
NICS transactions involving persons under the age of 21, proposed 
regulation amendments will address, but may not be limited to the BSCA 
provisions regarding: (A) the application of a delay, up to the tenth 
business day, if cause exists to further investigate a possibly 
disqualifying juvenile record; (B) the required collection (and any 
purge/retention) of residential address information submitted by an FFL 
so the FBI may comply with the expanded background checks of such 
persons; and (C) the process for conducting the expanded background 
checks to determine if certain entities where such persons reside (the 
state criminal history repository or juvenile justice information 
system, the state custodian of mental health adjudication records; and 
local law enforcement) have records establishing ``cause'' that such 
persons have possibly disqualifying juvenile records under 18 U.S.C., 
section 922(d).
    The NDNA mandates that, when the FBI denies a firearm transfer 
during a NICS transaction, the Attorney General is to report various 
information about that denial to local law enforcement authorities in 
the state or tribe where a firearm was sought for transfer and, if 
different, the local law enforcement authorities of the state or tribe 
where the person resides. ``Local law enforcement authority'' is 
defined by the NDNA at 18 U.S.C., section 921(a). Regulatory amendments 
will be drafted outlining the process for submitting, and the contents 
of, such denial notifications, including language similar to the BSCA, 
addressing the required collection (and purge/retention) of a 
prospective transferee's residential address so the FBI may contact the 
proper local law enforcement authorities should the transaction be 
denied. Regulatory proposals based on the NDNA will also address denial 
notifications being sent to prosecution authorities in the jurisdiction 
where the firearm was sought and circumstances where authorities need 
to be updated that a person who was the subject of a denial 
notification has subsequently been determined to not be prohibited. 
Regulation proposals from the NDNA will also address the Attorney 
General's new, annual report to Congress concerning denial 
notifications, and related statistics, from the previous year.

DOJ--BUREAU OF PRISONS (BOP)

Final Rule Stage

118. Home Confinement Under the Coronavirus Aid, Relief, and Economic 
Security (CARES) Act [1120-AB79]

    Priority: Other Significant.
    Legal Authority: 5 U.S.C. 301; 5 U.S.C. 4001; 28 U.S.C. 509, 510
    CFR Citation: 28 CFR 0.
    Legal Deadline: None.
    Abstract: The Coronavirus Aid, Relief, and Economic Security Act of 
2020 (CARES Act) authorizes the Director of the Bureau of Prisons 
(Director), during the covered emergency period and upon a finding by 
the Attorney General that emergency conditions resulting from the 
Coronavirus Disease 2019 (COVID-19) pandemic materially affect the 
functioning of the Bureau of Prisons (Bureau or BOP), to lengthen the 
maximum amount of time for which a prisoner may be placed in home 
confinement. This proposed rule affirms that the Director has the 
authority to allow prisoners placed in home confinement under the CARES 
Act to remain in home confinement after the expiration of the covered 
emergency period.
    Statement of Need: While the home confinement program under the 
CARES Act has been a measurable success, inmates and their families 
have sought assurance that those already on home confinement will not 
be abruptly returned to secure custody after the end of the covered 
emergency period. The Department remains sensitive to these concerns 
and agrees with Congress's clear indication of support for expanding 
the use of home confinement based on the needs of individual offenders. 
Affirming that the BOP has the authority to allow prisoners placed in 
home confinement under the CARES Act to remain in home confinement 
after the expiration of the covered emergency period will support the 
Bureau's ability to efficiently manage its resources and nimbly address 
changing circumstances in the community, in relation to the needs and 
profiles of individual inmates.
    Summary of Legal Basis: The Department concludes that the most 
reasonable interpretation of the CARES Act permits the Bureau to 
continue to make individualized determinations about the conditions of 
confinement for inmates placed in home confinement under the CARES Act, 
as it does with respect to all prisoners--(See 18 U.S.C. 3621(a) (``A 
person who has been sentenced to a term of imprisonment . . . shall be 
committed to the custody of the Bureau of Prisons until the expiration 
of the term imposed . . . . . . .'')--following the end of the covered 
emergency period. In a December 2021 opinion, the Office of Legal 
Counsel (``OLC'') concluded that section 12003(b)(2) and BOP's 
preexisting authorities does not require that prisoners in extended 
home confinement be returned en masse to correctional facilities when 
the emergency period ends. Even if the relevant provision of the CARES 
Act were considered ambiguous, however, the Department's interpretation 
represents a reasonable one that would warrant deference under Chevron, 
U.S.A., Inc.
    Alternatives: The alternative to this rule would be for the Bureau 
to return inmates currently in home confinement to secure custody en 
masse, at the end of the covered emergency period without making an 
individualized assessment or identifying a penological, rehabilitative, 
public health, or public safety basis for the action.
    Anticipated Cost and Benefits: Although placements under the CARES 
Act were not made for reentry purposes, the Department concludes that 
the best use of Bureau resources and the best outcome for affected 
inmates is to allow the agency to make individualized assessments of 
CARES Act placements, with a focus on supporting inmates' eventual 
reentry into the community. Allowing the Bureau discretion to determine 
whether inmates who have been successfully serving their sentences in 
the community should remain in home confinement will allow the Bureau 
to ground those decisions upon case-by-case assessments consistent with 
penological, rehabilitative, public health, and public safety goals, 
rather than categorically requiring all inmates placed on CARES Act 
home confinement to be treated the same.
    Risks: An inmate placed in home confinement is not considered 
released from Bureau custody. Rather, the inmate continues serving 
their sentence at home in their community. These

[[Page 11084]]

individuals must follow a set of rules designed to aid in their 
management, facilitate their reintegration into society, and support 
their rehabilitative efforts. For example, they are required to remain 
in the home during specified hours and are permitted to leave only for 
work or other preapproved activities, such as occupational training or 
therapy. Moreover, inmates in home confinement must submit to drug and 
alcohol testing and counseling requirements. Supervision staff monitor 
inmates' compliance with the conditions of home confinement by 
electronic monitoring equipment or, in a few cases for medical or 
religious accommodations, frequent telephone and in-person contact. 
Data show that these procedures have been working to preserve public 
safety where inmates were placed on extended home confinement under the 
CARES Act, and the De
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Final Rule..........................   02/00/23
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Government Levels Affected: None.
    Agency Contact: Daniel J. Crooks, III, Assistant General Counsel, 
Department of Justice, Bureau of Prisons, HOLC Building, 320 First 
Street NW, Washington, DC 20534, Phone: 202 451-7992, Fax: 202 235-
4577, Email: [email protected].
    RIN: 1120-AB79

DOJ--CIVIL RIGHTS DIVISION (CRT)

Proposed Rule Stage

119. Implementation of the ADA Amendments Act of 2008: Federally 
Conducted (Section 504 of the Rehabilitation Act of 1973) [1190-AA73]

    Priority: Other Significant.
    Legal Authority: Pub. L. 110-325; 29 U.S.C. 794 (sec. 504 of the 
Rehab. Act of 1973); E.O. 12250 (45 FR 72855)
    CFR Citation: 28 CFR 39.
    Legal Deadline: None.
    Abstract: Section 504 of the Rehabilitation Act of 1973, as amended 
(29 U.S.C. 794), prohibits discrimination on the basis of disability in 
programs and activities conducted by an Executive agency. The 
Department plans to revise its 504 Federally conducted regulation at 28 
CFR part 39 to incorporate amendments to the statute, including the 
changes in the meaning and interpretation of the applicable definition 
of disability required by the ADA Amendments Act of 2008, Public Law 
110-325, 122 Stat. 3553 (Sep. 25, 2008); incorporate requirements and 
limitations stemming from judicial decisions; and make other non-
substantive clarifying edits, including updating outdated terminology 
and references.
    Statement of Need: This rule is necessary to bring the Department's 
prior section 504 Federally conducted regulation, which has not been 
updated in three decades, into compliance with judicial decisions 
establishing rights and limitations under section 504, as well as 
statutory amendments to the Rehabilitation Act, including the new 
definition of disability provided by the ADA Amendments Act of 2008, 
which became effective on January 1, 2009. Additionally, following the 
passage of the Americans with Disabilities Act (ADA), amendments to the 
Rehabilitation Act sought to ensure that the same precepts and values 
embedded in the ADA were also reflected in the Rehabilitation Act. To 
ensure the intended parity between the two laws, it is also necessary 
to update the Federally conducted regulation to align it with the 
relevant provisions of Title II of the ADA. An updated Federally 
conducted regulation would consolidate the existing Section 504 
requirements in one place for easy reference.
    Summary of Legal Basis: The summary of the legal basis of authority 
for this regulation is set forth above in the abstract.
    Alternatives: There are no appropriate alternatives to issuing this 
NPRM since it implements requirements and limitations arising from the 
statute and judicial decisions.
    Anticipated Cost and Benefits: Because the NPRM would incorporate 
existing legal requirements and limitations in the Department's section 
504 Federally conducted regulation, the Department does not anticipate 
any costs from this rule.
    Risks: Failure to update the Department's section 504 Federally 
conducted regulation to conform to legal requirements and limitations 
provided under statute and judicial decisions will interfere with the 
Department's ability to meet its non-discrimination requirements under 
section 504.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   12/00/22
NPRM Comment Period End.............   02/00/23
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Small Entities Affected: No.
    Government Levels Affected: Federal.
    Additional Information: Transferred from RIN 1190-AA60.
    Agency Contact: Rebecca Bond, Chief, Disability Rights Section, 
Department of Justice, Civil Rights Division, 4 Constitution Square, 
150 M Street NE, Washington, DC 20002, Phone: 202 307-0663.
    RIN: 1190-AA73

DOJ--CRT

120. Nondiscrimination on the Basis of Disability by State and Local 
Governments: Medical Diagnostic Equipment [1190-AA78]

    Priority: Other Significant. Major status under 5 U.S.C. 801 is 
undetermined.
    Legal Authority: 42 U.S.C. 12101 et seq.
    CFR Citation: 28 CFR 35.
    Legal Deadline: None.
    Abstract: The Americans with Disabilities Act (ADA) requires State 
and local governments and public accommodations to provide programs, 
activities, and services in a manner that is accessible to people with 
disabilities. The Department will seek public comment on proposed 
changes to its regulations to adopt the U.S. Architectural and 
Transportation Barriers Compliance Board's (Access Board) Standards for 
Medical Diagnostic Equipment (MDE) to ensure that MDE is accessible to 
persons with disabilities in their participation in or benefit of 
services, programs, and activities provided by public entities and 
public accommodations. The Department previously announced that it 
intends to issue an ANPRM, titled Nondiscrimination on the Basis of 
Disability by State and Local Governments and Places of Public 
Accommodation; Equipment and Furniture (RIN 1190-AA76) addressing 
possible revisions to its ADA regulations to ensure the accessibility 
of equipment and furniture generally. However, given the specialized 
nature of this equipment, the Department has decided to publish a 
separate NPRM that addresses the accessibility of MDE.
    Statement of Need: MDE that is accessible to individuals with 
disabilities is often critical to a public entity's or public 
accommodation's ability to provide an individual with a disability with 
equal access to its health care programs, services, and activities. The 
Department's ADA regulations

[[Page 11085]]

contain the ADA Standards for Accessible Design (the ADA Standards), 
which include accessibility standards for some types of fixed or built-
in equipment and furniture. However, there are no specific provisions 
in the ADA Standards or the ADA regulations explicitly addressing the 
accessibility of MDE. While manufacturers have begun to offer MDE that 
is more accessible to and usable by people with disabilities and the 
Department has sought to ensure people with disabilities have equal 
access to medical care under the ADA's general regulatory provisions 
through enforcement and the issuance of technical assistance, the 
Department recognizes that more specific standards are necessary to 
guarantee full and equal access to health care services, programs, and 
activities. This rule is necessary to ensure that inaccessible MDE does 
not prevent people with disabilities from accessing title II and title 
III entities' programs, services, and activities.
    Summary of Legal Basis: The summary of the legal basis for this 
regulation is set forth in the above abstract.
    Alternatives: There are no appropriate alternatives to issuing this 
NPRM. The Access Board has issued standards on MDE, but these standards 
only become legally enforceable under the ADA when the Department 
adopts them through a rulemaking. Alternatively, the Department could 
create its own technical standards and implement them through a 
rulemaking.
    Anticipated Cost and Benefits: The Department anticipates costs to 
covered entities (i.e., State and local governments). Entities may need 
to acquire new MDE to meet technical standards that the Department 
includes in its regulations. The Department also anticipates 
significant benefits to people with disabilities, who may obtain 
greater access to public entities' services, and activities, which may 
improve their health or potentially save their lives.
    Risks: Failure to adopt technical standards to ensure that people 
with disabilities have access to MDE in public entities' programs, 
services, and activities will prevent people with disabilities from 
having the full and equal access to which they are entitled. The health 
of people with disabilities may suffer as a result of unequal access to 
medical care.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   04/00/23
NPRM Comment Period End.............   06/00/23
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Undetermined.
    Small Entities Affected: Governmental Jurisdictions.
    Government Levels Affected: Local, State.
    Federalism: Undetermined.
    Agency Contact: Rebecca Bond, Chief, Disability Rights Section, 
Department of Justice, Civil Rights Division, 4 Constitution Square, 
150 M Street NE, Washington, DC 20002, Phone: 202 307-0663.
    Related RIN: Split from 1190-AA76
    RIN: 1190-AA78

DOJ--CRT

121. Nondiscrimination on the Basis of Disability: Accessibility of Web 
Information and Services of State and Local Governments [1190-AA79]

    Priority: Economically Significant. Major under 5 U.S.C. 801.
    Legal Authority: 42 U.S.C. 12101 et seq.
    CFR Citation: 28 CFR 35.
    Legal Deadline: None.
    Abstract: The Americans with Disabilities Act (ADA) states that: no 
qualified individual with a disability shall, by reason of such 
disability, be excluded from participation in or be denied the benefits 
of services, programs, or activities of a public entity, or be 
subjected to discrimination by any such entity 42 U.S.C. 12132. 
However, many websites from public entities (i.e., State and local 
governments) fail to incorporate or activate features that enable users 
with disabilities to access the public entity's services, programs, and 
activities. The Department intends to publish a Notice of Proposed 
Rulemaking (NPRM) to amend its Title II ADA regulation to provide 
technical standards to assist public entities in complying with their 
existing obligations to make their websites accessible to individuals 
with disabilities.
    Statement of Need: Just as steps exclude people who use wheelchairs 
from a building, inaccessible websites can exclude people with a range 
of disabilities from accessing critical State and local government 
services. The Department is proposing technical requirements to provide 
concrete standards to public entities on how to fulfill their 
obligations under title II to provide access to all of their services, 
programs, and activities that are provided via the web. The Department 
believes the requirements described in this rule are necessary to 
ensure the equality of opportunity, full participation, independent 
living, and economic self-sufficiency for individuals with disabilities 
as set forth in the ADA. 42 U.S.C. 12101(a)(7). This is particularly 
necessary now that public entities increasingly rely on the web to 
provide their services, programs, and activities.
    Summary of Legal Basis: The summary of the legal basis for this 
regulation is set forth in the above abstract.
    Alternatives: The Department intends to consider various 
alternatives for ensuring full access to websites of State and local 
Governments and will solicit public comments addressing these 
alternatives.
    Anticipated Cost and Benefits: The Department anticipates that this 
rule will be ``economically significant,'' that is, that the rule will 
have an annual effect on the economy of $100 million or more, or 
adversely affect in a material way the economy, a sector of the 
economy, the environment, public health or safety, or State, local or 
tribal governments or communities. However, the Department believes 
that revising its title II rule to clarify the obligations of State and 
local governments to provide accessible websites will significantly 
increase equal access by providing citizens with disabilities the 
opportunity to participate in, and benefit from, State and local 
government services, programs, and activities. It will also ensure that 
individuals with disabilities have access to important services and 
information that are provided over the web, such as benefit 
applications and emergency information. In drafting this NPRM, the 
Department will attempt to minimize the compliance costs to State and 
local governments while maximizing the benefits of compliance to 
persons with disabilities.
    Risks: If the Department does not revise its ADA title II 
regulations to address website accessibility, persons with disabilities 
in many communities will continue to be unable to access their State 
and local governmental services in the same manner available to 
citizens without disabilities, and in some cases will not be able to 
access those services at all. And State and local governments will not 
have specific information about how to meet their ADA obligations with 
respect to website accessibility.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   05/00/23
NPRM Comment Period End.............   07/00/23
------------------------------------------------------------------------


[[Page 11086]]

    Regulatory Flexibility Analysis Required: Yes.
    Small Entities Affected: Governmental Jurisdictions.
    Government Levels Affected: Local, State.
    Agency Contact: Rebecca Bond, Chief, Disability Rights Section, 
Department of Justice, Civil Rights Division, 4 Constitution Square, 
150 M Street NE, Washington, DC 20002, Phone: 202 307-0663.
    RIN: 1190-AA79

DOJ--CRT

Long-Term Actions

122. Nondiscrimination on the Basis of Disability by State and Local 
Governments; Public Right-of-Way [1190-AA77]

    Priority: Other Significant. Major status under 5 U.S.C. 801 is 
undetermined.
    CFR Citation: 28 CFR 35.
    Abstract: The Department of Justice anticipates issuing a Notice of 
Proposed Rulemaking that would establish accessibility requirements to 
help public entities meet their existing Americans with Disabilities 
Act (ADA) obligations to ensure that sidewalks and other pedestrian 
facilities in the public right-of-way are accessible to and usable by 
individuals with disabilities. The Architectural and Transportation 
Barriers Compliance Board (Access Board) intends to issue accessibility 
guidelines for pedestrian facilities in the public right-of-way, and 
the Department of Justice is required under the ADA to promulgate 
regulations that include standards that are consistent with the Access 
Board's minimum guidelines.
    Statement of Need: This rule is necessary to help public entities 
meet their existing ADA obligations to ensure that pedestrian 
facilities in the public right-of-way are accessible to and usable by 
individuals with disabilities. The Access Board intends to issue 
minimum accessibility guidelines for pedestrian facilities in the 
public right-of-way, and the ADA requires the Department of Justice to 
include standards in its regulations implementing subtitle A of title 
II of the ADA that are consistent with the minimum ADA guidelines 
issued by the Access Board. Accordingly, the Department of Justice 
intends to propose requirements for pedestrian facilities covered by 
subtitle A of title II of the ADA that are consistent with the Access 
Board's minimum Accessibility Guidelines for Pedestrian Facilities in 
the Public Right-of-Way. These requirements would help ensure that 
people with disabilities have access to sidewalks, curb ramps, 
pedestrian street crossings, and other pedestrian facilities in the 
public right-of-way.
    Summary of Legal Basis: The summary of the legal basis for this 
regulation is set forth in the above abstract.
    Alternatives: There are no appropriate alternatives to issuing this 
NPRM because the ADA requires the Department of Justice to include 
standards in its regulations implementing subtitle A of title II of the 
ADA that are consistent with the minimum ADA guidelines issued by the 
Access Board. The Access Board's accessibility guidelines will only 
become binding when the Department of Justice adopts them as legally 
enforceable requirements through rulemaking.
    Anticipated Cost and Benefits: The Department anticipates costs to 
state and local governments given that this rule would require that 
pedestrian facilities in the public right-of-way comply with the 
Department's accessibility requirements under subtitle A of title II of 
the ADA.
    Risks: Failure to adopt requirements for pedestrian facilities 
covered by subtitle A of title II of the ADA that are consistent with 
the Access Board's minimum Accessibility Guidelines for Pedestrian 
Facilities in the Public Right-of-Way would mean that such Access Board 
guidelines would remain nonbinding and unenforceable. It would also 
mean that the Department would not be complying with its obligation to 
ensure that the standards in its regulations are consistent with the 
minimum ADA guidelines issued by the Access Board.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   12/00/23
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Undetermined.
    Small Entities Affected: Governmental Jurisdictions.
    Government Levels Affected: Local, State.
    Federalism: Undetermined.
    Agency Contact: Rebecca Bond, Chief, Disability Rights Section, 
Department of Justice, Civil Rights Division, 4 Constitution Square, 
150 M Street NE, Washington, DC 20002, Phone: 202 307-0663.
    RIN: 1190-AA77

DOJ--DRUG ENFORCEMENT ADMINISTRATION (DEA)

Proposed Rule Stage

123. Medications To Prevent Narcotic Opioid Withdrawal Symptoms [1117-
AB73]

    Priority: Other Significant.
    Legal Authority: 21 U.S.C. 821, 827, 871(b)
    CFR Citation: 21 CFR 1306.
    Legal Deadline: Final, Statutory, June 9, 2021.
    Abstract: DEA proposes to revise the existing regulations found in 
21 CFR 1306.07(b), regarding the administration of narcotic drugs to 
prevent or mitigate opioid withdrawal, as instructed by Congress in 
Public Law 116-215 (effective December 11, 2020). The existing 
regulation is inadequate for emergency treatment purposes, as 
practitioners are prohibited from administering narcotic drugs, for the 
purpose of relieving acute withdrawal symptoms, to a patient for not 
more than one day at a time for not more than three consecutive days. 
In accordance with the statute, DEA proposes to allow non-pharmacy 
individual practitioners to dispense (including prescribe) up to a 
three-day supply of opioid medications in schedules III, IV, or V at 
one time to prevent or mitigate opioid withdrawal.
    Statement of Need: The Drug Enforcement Administration (DEA) is 
revising existing regulations to expand access to medications for the 
treatment of opioid use disorder pursuant to the Easy Medication Access 
and Treatment for Opioid Addiction Act (the Act). The Act directed DEA 
to revise its regulation to allow practitioners to dispense not more 
than a three-day supply of narcotic drugs to one person or for one 
person's use at one time for the purpose of relieving acute withdrawal 
symptoms associated with opioid use disorder. DEA is amending the 
relevant regulation by allowing all DEA-registered non-pharmacy 
individual practitioners, subject to certain conditions, to dispense up 
to a three-day supply of narcotic medications in schedules III, IV, or 
V approved by the Food and Drug Administration specifically for use in 
maintenance or treatment of opioid use disorder, for the purpose of 
relieving acute withdrawal symptoms while arrangements are being made 
for referral for treatment, along with adding a new record keeping 
requirement. Additionally, DEA is redesignating the relevant 
subsections within the affected regulation in order to achieve greater 
organization and clarity.

[[Page 11087]]

    Summary of Legal Basis: DEA implements and enforces the 
Comprehensive Drug Abuse Prevention and Control Act of 1970, often 
referred to as the Controlled Substances Act (CSA), and the Controlled 
Substances Import and Export Act (CSIEA), as amended.\1\
---------------------------------------------------------------------------

    \1\ DEA publishes the implementing regulations for these 
statutes in 21 CFR parts 1300 to end. These regulations are designed 
to ensure a sufficient supply of controlled substances for medical, 
scientific, and other legitimate purposes, and to deter the 
diversion of controlled substances for illicit purposes.
---------------------------------------------------------------------------

    As mandated by the CSA, DEA establishes and maintains a closed 
system of control for the manufacturing, distribution, and dispensing 
of controlled substances, and requires any person who manufactures, 
distributes, dispenses, imports, exports, or conducts research or 
chemical analysis with controlled substances to register with DEA, 
unless they meet an exemption, pursuant to 21 U.S.C. 822. The CSA 
authorizes the Administrator of DEA (by delegation of authority from 
the Attorney General) to register an applicant to manufacture, 
distribute or dispense controlled substances if the Administrator 
determines such registration is consistent with the public interest. 
The CSA further authorizes the Administrator to promulgate regulations 
necessary and appropriate to execute the functions of subchapter I 
(Control and Enforcement) and subchapter II (Import and Export) of the 
CSA.
    Alternatives: There are no feasible alternatives to this proposed 
rule.
    Anticipated Cost and Benefits: Under the IFR, the patient will be 
able to receive three days of medication with just one visit to the 
emergency department (ED). The increased medication may lead to an 
improved patient outcome, resulting in benefits associated with lower 
societal cost of opioid abuse, discussed below. Furthermore, additional 
physician's time will not be needed to dispense medication, resulting 
in time and cost savings to the ED. However, practitioners must check 
the individual's PDMP, and maintain a record that the PDMP was 
reviewed, which will increase costs to the ED.
    Additionally, the expansion to include all DEA-registered non-
pharmacy individual practitioners allows an individual to be treated 
not only by a physician, but also by other non-pharmacy practitioners. 
This greatly expands access to treatment and helps alleviate the burden 
on hospitals and urgent care centers that are short-staffed or that do 
not always have a physician on duty. The intent of this regulation is 
to provide non-DATA waived practitioners, and those not registered as 
an NTP, with a means to treat individuals experiencing acute withdrawal 
symptoms on an emergency basis while future, continued treatment is 
coordinated.
    Risks: DEA believes any risks associated with this IFR will be 
minimal and will be greatly outweighed by the benefits this IFR will 
provide.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   12/00/22
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Small Entities Affected: Businesses.
    Government Levels Affected: None.
    URL For More Information: [email protected].
    URL For Public Comments: www.regulations.gov.
    Agency Contact: Scott A. Brinks, Section Chief, Regulatory Drafting 
and Support Section, Diversion Control Division, Department of Justice, 
Drug Enforcement Administration, 8701 Morrissette Drive, Springfield, 
VA 22152, Phone: 571 362-8209, Email: [email protected].
    RIN: 1117-AB73

DOJ--DEA

124. Expansion of Induction of Buprenorphine Via Telemedicine Encounter 
[1117-AB78]

    Priority: Other Significant.
    Legal Authority: 21 U.S.C. 802(54)(G)
    CFR Citation: 21 CFR 1300; 21 CFR 1304; 21 CFR 1306.
    Legal Deadline: None.
    Abstract: DEA is promulgating regulatory changes which would 
clarify the rights and obligations for DATA-waived registrants when 
prescribing buprenorphine to patients with Opioid Use Disorder pursuant 
to a telemedicine encounter which utilizes audio-only telecommunication 
systems.
    Statement of Need: During the current opioid epidemic, there is a 
shortage of data-waived health care providers. This proposed rule will 
allow for expanded access to opioid addiction treatment.
    Summary of Legal Basis: The Ryan Haight Online Pharmacy Consumer 
Protection Act of 2008 (Ryan Haight Act) was enacted to prevent the 
illegal distribution and dispensing of controlled substances by means 
of the internet. It did so by amending the Controlled Substances Act 
(CSA) to require, among other things, that the dispensing of controlled 
substances by means of the internet be predicated on a valid 
prescription involving at least one in-person medical evaluation, with 
limited exceptions. One of those exceptions is when the Drug 
Enforcement Administration (DEA) and the Department of Health and Human 
Services (HHS) have jointly, by regulation, determined a practice is 
being conducted under circumstances consistent with effective controls 
against diversion and otherwise consistent with the public health and 
safety. DEA is amending its regulations, in concert with HHS, to expand 
the circumstances under which individual practitioners are authorized 
to prescribe schedule III-V controlled substances which are approved 
for treating opioid use disorder, either as medication maintenance or 
treatment for withdrawal management, referred to as maintenance or 
detoxification treatment via a telemedicine encounter, including an 
audio-only telemedicine encounter.
    Alternatives: There are no feasible alternatives to this proposed 
rule.
    Anticipated Cost and Benefits: The estimated costs for opioid use 
disorder and fatal opioid overdose in 2017 were estimated to be $1.02 
trillion. With regards to the opioid epidemic, the majority of the 
economic burden is due to reduced quality of life from opioid use 
disorder and the value of life lost due to fatal opioid overdose. Non-
fatal costs include costs associated with health care, substance use 
disorder treatment, criminal justice, lost productivity, and the value 
of reduced quality of life. While DEA is unable to quantify how many of 
the affected patients will be successfully treated for opioid use 
disorder or how many fatal opioid overdoses will be avoided as a result 
of this proposed rule, the potential economic benefit is 
disproportionately large compared to any cost associated with this 
rule.
    Risks: The proposed rule will reduce the requirements imposed on 
practitioners who wish to prescribe schedule III-V controlled 
substances as part of medication treatment for opioid use disorders. 
DEA understands that there is a risk of misuse and diversion of drugs 
approved for the use in maintenance treatment or withdrawal management, 
which could be increased by expanded prescribing.
    While the proposed rule may increase the risk of diversion, with 
the proposed safeguards, and given the safety profile of buprenorphine, 
DEA estimates this increased risk will be minimal. Requirements to 
check the PDMP prior to issuance of a prescription, 30-day limitations, 
in-person requirements for follow-up appointments, and more

[[Page 11088]]

detailed requirements for record-keeping are expected to minimize the 
diversion of buprenorphine via telemedicine, including audio-only 
telemedicine.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   01/00/23
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Small Entities Affected: Businesses.
    Government Levels Affected: None.
    URL For More Information: [email protected].
    URL For Public Comments: www.regulations.gov.
    Agency Contact: Scott A. Brinks, Section Chief, Regulatory Drafting 
and Support Section, Diversion Control Division, Department of Justice, 
Drug Enforcement Administration, 8701 Morrissette Drive, Springfield, 
VA 22152, Phone: 571 362-8209, Email: [email protected].
    RIN: 1117-AB78

DOJ--EXECUTIVE OFFICE FOR IMMIGRATION REVIEW (EOIR)

Proposed Rule Stage

125. Bars to Asylum Eligibility and Related Procedures [1125-AB12]

    Priority: Other Significant.
    Legal Authority: Homeland Security Act of 2002, Pub. L. 107-296, 
116 Stat. 2135, sec. 1102, as amended; 8 U.S.C. 1103(a)(1), (a)(3), 
(g); 8 U.S.C. 1225(b); 8 U.S.C. 1231(b)(3) and 1231 note; 8 U.S.C. 
1158; E.O. 14010, 86 FR 8267 (Feb. 2, 2021)
    CFR Citation: 8 CFR 208; 8 CFR 1208; 8 CFR 1003.
    Legal Deadline: None.
    Abstract: In 2020, the Department of Homeland Security and 
Department of Justice (collectively, ``the Departments'') published 
final rules amending their respective regulations governing bars to 
asylum eligibility and procedures, including the Procedures for Asylum 
and Bars to Asylum Eligibility (RINs 1125-AA87 and 1615-AC41), 85 FR 
67202 (Oct. 21, 2020), and Asylum Eligibility and Procedural 
Modifications (RINs 1125-AA91 and 1615-AC44), 85 FR 82260 (Dec. 17, 
2020), final rules. The Departments propose to modify or rescind the 
regulatory changes promulgated in these two final rules, consistent 
with Executive Order 14010 (Feb. 2, 2021).
    Statement of Need: The Departments are reviewing these regulations 
in light of the issuance of Executive Order 14010 and Executive Order 
14012. This rule is needed to restore and strengthen the asylum system 
and to address inconsistencies with the goals and principles outlined 
in the Executive Order 14010 and Executive Order 14012.
    Summary of Legal Basis: The Attorney General has general authority 
under 8 U.S.C. 1103(g) to establish regulations related to the 
immigration and naturalization of noncitizens. More specifically, under 
8 U.S.C. 1158(b)(2)(C) and (d)(5)(B), the Attorney General has 
authority to provide by regulation additional conditions and 
limitations consistent with the INA for asylum eligibility. Thus, this 
proposed rule utilizes such authority to propose revisions to the 
regulations related to processing procedures for asylum and withholding 
of removal claims.
    Alternatives: Unless the Departments rely on the pending litigation 
to enjoin Asylum and Bars to Asylum Eligibility, 85 FR 67202, and 
Asylum Eligibility and Procedural Modifications, 85 FR 82260, there are 
no feasible alternatives to revising those two rules. Relying on 
litigation to address these rules could be extremely time-consuming and 
may introduce confusion as to whether the regulations remain in effect. 
Thus, the Departments consider this alternative to be a burdensome and 
inadvisable course of action and, therefore, not feasible.
    Anticipated Cost and Benefits: The Departments are currently 
considering the specific cost and benefit impacts of the proposed 
provisions.
    Risks: Without this rulemaking, regulations related to Procedures 
for Asylum and Bars to Asylum Eligibility, 85 FR 67202, and Asylum 
Eligibility and Procedural Modifications, 85 FR 82260, will remain 
enjoined pending litigation. This is inadvisable, as litigation 
typically takes much time to conclude. Thus, the Department strongly 
prefers proactively addressing the regulations through this proposed 
rule.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   05/00/23
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Government Levels Affected: None.
    URL For More Information: http://www.regulations.gov.
    URL For Public Comments: http://www.regulations.gov.
    Agency Contact: Lauren Alder Reid, Assistant Director, Office of 
Policy, Executive Office for Immigration Review, Department of Justice, 
Executive Office for Immigration Review, 5107 Leesburg Pike, Suite 
1800, Falls Church, VA 22041, Phone: 703 305-0289, Email: 
[email protected].
    Related RIN: Related to 1615-AC69, Related to 1125-AB08
    RIN: 1125-AB12

DOJ--EOIR

126. Particular Social Group and Related Definitions and 
Interpretations for Asylum and Withholding of Removal [1125-AB13]

    Priority: Other Significant.
    Legal Authority: 8 U.S.C. 1101(a)(42); 8 U.S.C. 1158; 8 U.S.C. 
1225; 8 U.S.C. 1231 and 1231 note; Executive Order 14010, 86 FR 8267 
(Feb. 2, 2021)
    CFR Citation: 8 CFR 208; 8 CFR 235; 8 CFR 244; 8 CFR 1208; 8 CFR 
1244.
    Legal Deadline: None.
    Abstract: This rule proposes to amend Department of Homeland 
Security (DHS) and Department of Justice (DOJ) (collectively, ``the 
Departments'') regulations that govern eligibility for asylum and 
withholding of removal. The amendments focus on portions of the 
regulations that address the definitions of membership in a particular 
social group and the interpretation of several other elements of 
eligibility for asylum that are often determinative in particular 
social group claims, including the requirements of a failure of State 
protection, and determinations about whether persecution is on account 
of a protected ground. The rule will also propose to modify or rescind 
portions of the Procedures for Asylum and Withholding of Removal; 
Credible Fear and Reasonable Fear Review final rule (RINs 1125-AA94 and 
1615-AC42).
    This rule is consistent with Executive Order 14010 of February 2, 
2021, which directs the Departments to promulgate joint regulations, 
consistent with applicable law, addressing the circumstances in which a 
person should be considered a member of a particular social group.
    Statement of Need: This rule provides guidance on a number of key 
interpretive issues of the refugee definition used by adjudicators 
deciding asylum and withholding of removal (withholding) claims. The 
interpretive issues include whether persecution is inflicted on account 
of a protected ground, the requirements for establishing the failure of 
State protection, and the parameters for defining membership in a 
particular social group. This rule will aid in the adjudication of 
claims made by

[[Page 11089]]

applicants whose claims fall outside of the rubric of the protected 
grounds of race, religion, nationality, or political opinion. One 
example of such claims which often fall within the particular social 
group ground concerns people who have suffered or fear domestic 
violence. This rule is expected to consolidate issues raised in a 
proposed rule in 2000 and to address issues that have developed since 
the publication of the proposed rule. This rule should provide greater 
stability and clarity in this important area of the law. This rule will 
also provide guidance to the following adjudicators: USCIS asylum 
officers, DOJ Executive Office for Immigration Review (EOIR) 
immigration judges, and members of the EOIR Board of Immigration 
Appeals.
    Furthermore, on February 2, 2021, President Biden issued Executive 
Order 14010 that directs DOJ and DHS [to] promulgate joint regulations, 
consistent with applicable law, addressing the circumstances in which a 
person should be considered a member of a ``particular social group,'' 
as that term is used in 8 U.S.C. 1101(a)(42)(A), as derived from the 
1951 Convention relating to the Status of Refugees and its 1967 
Protocol.
    Summary of Legal Basis: The purpose of this rule is to provide 
guidance on certain issues that have arisen in the context of asylum 
and withholding adjudications. The 1951 Geneva Convention relating to 
the Status of Refugees contains the internationally accepted definition 
of a refugee. United States immigration law incorporates an almost 
identical definition of a refugee as a person outside his or her 
country of origin ``who is unable or unwilling to return to, and is 
unable or unwilling to avail himself or herself of the protection of, 
that country because of persecution or a well-founded fear of 
persecution on account of race, religion, nationality, membership in a 
particular social group, or political opinion.'' Section 101(a)(42) of 
the Immigration and Nationality Act.
    Alternatives: Because this rulemaking is mandated by executive 
order, there are no feasible alternatives at this time.
    Anticipated Cost and Benefits: DOJ and DHS are currently 
considering the specific cost and benefit impacts of the proposed 
provisions.
    Risks: Without this rulemaking, the circumstances by which a person 
is considered a member of a particular social group will continue to be 
subject to judicial and agency interpretation, which may differ by 
circuit and changes in administration.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   03/00/23
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Small Entities Affected: No.
    Government Levels Affected: None.
    URL For More Information: http://www.regulations.gov.
    URL For Public Comments: http://www.regulations.gov.
    Agency Contact: Lauren Alder Reid, Assistant Director, Office of 
Policy, Executive Office for Immigration Review, Department of Justice, 
Executive Office for Immigration Review, 5107 Leesburg Pike, Suite 
1800, Falls Church, VA 22041, Phone: 703 305-0289, Email: 
[email protected].
    Related RIN: Related to 1125-AA94, Related to 1615-AC65, Related to 
1615-AC42
    RIN: 1125-AB13

DOJ--EOIR

127. Procedures for Asylum and Withholding of Removal [1125-AB15]

    Priority: Other Significant.
    Legal Authority: 8 U.S.C. 1103(g); 8 U.S.C. 1229a(c)(4)(B); 8 
U.S.C. 1158(d)(5)(B)
    CFR Citation: 8 CFR 1003; 8 CFR 1208; 8 CFR 1240.
    Legal Deadline: None.
    Abstract: On December 16, 2020, by the rule titled Procedures for 
Asylum and Withholding of Removal (RIN 1125-AA93) the Department of 
Justice (Department) amended the regulations governing asylum and 
withholding of removal, including changes to what must be included with 
an application for asylum and for withholding of removal for it to be 
considered complete and the consequences of filing an incomplete 
application, and changes related to the 180-day asylum adjudications 
clock. To revise the regulations related to adjudicatory procedures for 
asylum and withholding of removal, the Department is planning to 
rescind or modify the regulatory revisions made by that rule under this 
RIN.
    Statement of Need: This proposed rule will revise the regulations 
related to adjudicatory procedures for asylum and withholding of 
removal. On December 16, 2020, the Department amended the regulations 
governing asylum and withholding of removal, including changes to what 
must be included with an application for it to be considered complete 
and the consequences of filing an incomplete application, and changes 
related to the 180-day asylum adjudications clock. Procedures for 
Asylum and Withholding of Removal, 85 FR 81698 (RIN 1125-AA93). In 
light of Executive Orders 14010 and 14012, 86 FR 8267 (Feb. 2, 2021) 
and 86 FR 8277 (Feb. 2, 2021), the Department reconsidered its position 
on those matters and now issues this proposed rule to revise the 
regulations accordingly.
    Summary of Legal Basis: The Attorney General has general authority 
under 8 U.S.C. 1103(g) to establish regulations related to the 
immigration and naturalization of noncitizens. More specifically, under 
8 U.S.C. 1158(d)(5)(B), the Attorney General has authority to provide 
by regulation additional conditions and limitations consistent with the 
INA for the consideration of asylum applications. Thus, this proposed 
rule utilizes such authority to propose revisions to the regulations 
related to adjudicatory procedures for asylum and withholding of 
removal pursuant, in part, to 8 U.S.C. 1229a(c)(4)(B).
    Alternatives: Unless the Department relies on litigation to 
permanently enjoin the December 2020 rule, 85 FR 81698 (Dec. 16, 2020), 
there are no feasible alternatives to revising the regulations. Relying 
on litigation could be extremely time-consuming and may introduce 
confusion as to whether the regulation is in effect. Thus, the 
Department considers this alternative to be an inadequate and 
inadvisable course of action.
    Anticipated Cost and Benefits: The Department believes this 
proposed rule will not be economically significant. The Department 
believes the costs to the public will be negligible, if any, given that 
costs will revert to those established prior to the December 2020 rule. 
This proposed rule imposes no new additional costs to the Department or 
to respondents: respondents have always been required to submit 
complete asylum applications in order to have them adjudicated, and 
immigration judges have always maintained the authority to set 
deadlines. In addition, this proposed rule proposes no new fees. The 
Department believes that this proposed rule would impose only minimal, 
if any, direct costs on the public. Any new minimal cost would be 
limited to the cost of the public familiarizing itself with the 
proposed rule, although, as previously stated, the proposed rule 
restores most of the regulatory language to that which was in effect 
before the December 2020 rule. Further, an immigration judge's ability 
to set filing deadlines is already established by

[[Page 11090]]

regulation, and filing deadlines for both applications and supporting 
documents are already well-established aspects of immigration court 
proceedings guided by regulations and the Office of the Chief 
Immigration Judge Practice Manual. Thus, the Department expects little 
in the proposed rule to require extensive familiarization.
    Risks: Without this rulemaking, the regulations will remain 
enjoined pending litigation (as described in the Alternatives section). 
This is inadvisable, as litigation is unpredictable and often takes a 
long time to conclude. The Department strongly prefers proactively 
addressing the regulations through this proposed rule.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   03/00/23
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Government Levels Affected: None.
    Additional Information: Related to EOIR Docket No. 19-0010
    URL For More Information: http://www.regulations.gov.
    URL For Public Comments: http://www.regulations.gov.
    Agency Contact: Lauren Alder Reid, Assistant Director, Office of 
Policy, Executive Office for Immigration Review, Department of Justice, 
Executive Office for Immigration Review, 5107 Leesburg Pike, Suite 
1800, Falls Church, VA 22041, Phone: 703 305-0289, Email: 
[email protected].
    Related RIN: Related to 1125-AA93
    RIN: 1125-AB15

DOJ--EOIR

128. Appellate Procedures and Decisional Finality in Immigration 
Proceedings; Administrative Closure [1125-AB18]

    Priority: Other Significant.
    Legal Authority: 5 U.S.C. 301; 6 U.S.C. 521; 8 U.S.C. 1101; 8 
U.S.C. 1103; 8 U.S.C. 1154-1155; 8 U.S.C. 1158; 8 U.S.C. 1182; 8 U.S.C. 
1226; 8 U.S.C. 1229; 8 U.S.C. 1229a; 8 U.S.C. 1229b; 8 U.S.C. 1229c; 8 
U.S.C. 1231; 8 U.S.C. 1254a; 8 U.S.C. 1255; 8 U.S.C. 1324d; 8 U.S.C. 
1330; 8 U.S.C. 1361-1362; 28 U.S.C. 509-510; 28 U.S.C. 1746; sec. 2 
Reorg. Plan No. 2 of 1950, 3 CFR 1949-1953, Comp. p. 1002; sec. 203 of 
Pub. L. 105-100, 111 Stat. 2196-200; secs. 1506 and 1510 of Pub. L. 
106-386, 114 Stat. 1527-29, 1531-32; sec. 1505 of Pub. L. 106-554, 114 
Stat. 2763A-326 to -328
    CFR Citation: 8 CFR 1003; 8 CFR 1239; 8 CFR 1240; . . .
    Legal Deadline: None.
    Abstract: On December 16, 2020, by a rule titled Appellate 
Procedures and Decisional Finality in Immigration Proceedings; 
Administrative Closure (RIN 1125-AA96) the Department of Justice 
(Department) amended its regulations regarding finality of case 
disposition at both the immigration court and appellate levels. The 
Department is planning to modify or rescind those regulations under 
this RIN.
    Statement of Need: On December 16, 2020, the Department amended the 
regulations related to processing of appeals and administrative 
closure. Appellate Procedures and Decisional Finality in Immigration 
Proceedings; Administrative Closure, 85 FR 81588 (RIN 1125-AA96). In 
light of Executive Orders 14010 and 14012, 86 FR 8267 (Feb. 2, 2021) 
and 86 FR 8277 (Feb. 2, 2021), the Department reconsidered its position 
on those matters and now issues this proposed rule to revise the 
regulations accordingly and make other related amendments. This 
proposed rule clarifies immigration judge and BIA authority, including 
providing general administrative closure authority and the ability to 
sua sponte reopen and reconsider cases. The proposed rule also revises 
BIA standards involving adjudication timelines, briefing schedules, 
self-certification, remands, background checks, administrative notice, 
and voluntary departure. Lastly, the proposed rule removes the EOIR 
Director's authority to issue decisions in certain cases, removes the 
ability of immigration judges to certify cases for quality assurance, 
and revises procedures for the forwarding of the record on appeal, as 
well as other minor revisions.
    Summary of Legal Basis: The Attorney General has general authority 
under 8 U.S.C. 1103(g) to establish regulations related to the 
immigration and naturalization of noncitizens. Thus, this proposed rule 
utilizes such authority to propose revisions to the regulations 
regarding immigration appeals processing and administrative closure.
    Alternatives: Unless the Department relies on litigation to 
permanently enjoin the December 2020 rule, 85 FR 81588 (Dec. 16, 2020), 
there are no feasible alternatives to revising the regulations. Relying 
on litigation could be extremely time-consuming and may introduce 
confusion as to the regulations' efficacy. Thus, the Department 
considers this alternative to be an inadequate and inadvisable course 
of action.
    Anticipated Cost and Benefits: The Department is largely 
reinstating the briefing schedules that the December 2020 rule revised. 
As stated in the December 2020 rule, 85 FR at 81650, the basic briefing 
procedures have remained across rules; thus, the Department believes 
the costs to the public will be negligible, if any, given that costs 
will revert back to those established for decades prior to the December 
2020 rule. The proposed rule imposes no new additional costs, as much 
of the proposed rule involves internal case processing. For those 
provisions that constitute more than simple internal case processing 
measures, such as the amendments to the BIA's administrative closure 
authority, they likewise would not impose significant costs to the 
public. Indeed, such measures would generally reduce costs, as they 
facilitate and reintroduce various mechanisms for fair, efficient case 
processing.
    Risks: Without this rulemaking, the regulations will remain 
enjoined pending litigation (as described in the Alternatives section). 
This is inadvisable, as litigation typically takes an inordinate time 
to conclude. The Department strongly prefers proactively addressing the 
regulations through this proposed rule.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   12/00/22
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Government Levels Affected: None.
    Additional Information: Related to EOIR Docket No. 19-0022.
    URL For More Information: http://www.regulations.gov.
    URL For Public Comments: http://www.regulations.gov.
    Agency Contact: Lauren Alder Reid, Assistant Director, Office of 
Policy, Executive Office for Immigration Review, Department of Justice, 
Executive Office for Immigration Review, 5107 Leesburg Pike, Suite 
1800, Falls Church, VA 22041, Phone: 703 305-0289, Email: 
[email protected].
    Related RIN: Related to 1125-AA96
    RIN: 1125-AB18


[[Page 11091]]



DOJ--EOIR

Final Rule Stage

129. Procedures for Credible Fear Screening and Consideration of 
Asylum, Withholding of Removal and CAT Protection Claims by Asylum 
Officers [1125-AB20]

    Priority: Economically Significant. Major under 5 U.S.C. 801.
    Legal Authority: 8 U.S.C. 1103(g); 8 U.S.C. 1158(b)(2)(C); 8 U.S.C. 
1158(d)(5)(B); 8 U.S.C. 1225; 8 U.S.C. 1231(b)(3)
    CFR Citation: 8 CFR 208; 8 CFR 212; 8 CFR 235; 8 CFR 1003; 8 CFR 
1208; 8 CFR 1230; 8 CFR 1235; 8 CFR 1240.
    Legal Deadline: None.
    Abstract: On August 20, 2021, the Department of Homeland Security 
(DHS) and the Department of Justice (DOJ) (collectively the 
``Departments'') published a notice of proposed rulemaking (NPRM or 
proposed rule) 86 FR 46906 that proposed amending regulations governing 
the procedures for determining certain protection claims and available 
parole procedures for certain individuals subject to expedited removal 
and found to have a credible fear of persecution or torture. After a 
careful review of the comments received, on March 29, 2022, the 
Departments issued an interim final rule (rule or IFR) that responds to 
comments received in response to the NPRM and adopts the proposed rule 
with changes. Significantly, the IFR established timelines for the 
consideration of applications for asylum and related protection by 
DHS's U.S. Citizenship and Immigration Services (USCIS) and, as needed, 
DOJ's Executive Office for Immigration Review (EOIR). The IFR also 
provided that DHS will refer noncitizens whose applications are denied 
by USCIS to EOIR for streamlined removal proceedings. The Departments 
solicited further public comment on the IFR, which the Departments 
intend to consider and address in a final rule.
    Statement of Need: There is wide agreement that the system for 
handling asylum and related protection claims at the southwest border 
has long been overwhelmed and in desperate need of repair. As the 
number of such claims has skyrocketed over the years, the system has 
proven unable to keep pace, resulting in large backlogs and lengthy 
adjudication delays. A system that takes years to reach a result delays 
justice and certainty for those who need protection, and it encourages 
abuse by smugglers who exploit the delay for profit. The aim of this 
rule is to begin replacing the current system, within the confines of 
the law, with a more effective and efficient one that will adjudicate 
protection claims fairly and expeditiously.
    Summary of Legal Basis: The Attorney General has general authority 
under 8 U.S.C. 1103(g) to establish regulations related to the 
immigration and naturalization of noncitizens. More specifically, under 
8 U.S.C. 1158(b)(2)(C) and (d)(5)(B), the Attorney General has 
authority to provide by regulation additional conditions and 
limitations consistent with the INA for the consideration of asylum 
applications. Thus, this proposed rule utilizes such authority to 
propose revisions to the regulations related to processing procedures 
for asylum and withholding of removal claims pursuant to 8 U.S.C. 1225 
and 1231.
    Alternatives: There are no feasible alternatives that make 
similarly impactful changes to the system without a more widespread 
overhaul of the entire system.
    Anticipated Cost and Benefits: DHS estimated the resource cost 
needed to implement and operationalize the rule along a range of 
possible future credible fear volumes. The average annualized costs 
could range from $179.5 million to $995.8 million at a 7 percent 
discount rate. At a 7 percent discount factor, the total ten-year costs 
could range from $1.3 billion to $7.0 billion, with a midrange of $3.2 
billion.
    There could also be cost-savings related to Forms I-589 and I-765 
filing volume changes. In addition, some asylum applicants may realize 
potential early labor earnings, which could constitute a transfer from 
workers in the U.S. labor force to certain asylum applicants, as well 
as tax impacts. Qualitative benefits include, but may not be limited 
to: (i) beneficiaries of new parole standards may not have lengthy 
waits for a decision on whether their asylum claims will receive 
further consideration; (ii) some individuals could benefit from de novo 
review by an IJ of the asylum officer's denial of their asylum; (iii) 
DOJ-EOIR may focus efforts on other priority work and reduce its 
substantial current backlog; (iv) as some applicants may be able to 
earn income earlier than they otherwise could currently, burdens to the 
support network of the applicant may be lessened.
    Risks: Without this rulemaking, the current system will remain 
status quo. The backlogs and delays will continue to grow, and the 
potential for abuse will remain. Most importantly, noncitizens in need 
of protection will continue to experience delays in the adjudication of 
their claims.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   08/20/21  86 FR 46906
Correction..........................   10/18/21  86 FR 57611
NPRM Comment Period End.............   10/19/21
Interim Final Rule..................   03/29/22  87 FR 18078
Interim Final Rule Effective........   05/31/22
Interim Final Rule Comment Period      05/31/22
 End.
Final Action........................   03/00/23
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Undetermined.
    Government Levels Affected: Undetermined.
    URL For More Information: http://regulations.gov.
    URL For Public Comments: http://regulations.gov.
    Agency Contact: Lauren Alder Reid, Assistant Director, Office of 
Policy, Executive Office for Immigration Review, Department of Justice, 
Executive Office for Immigration Review, 5107 Leesburg Pike, Suite 
1800, Falls Church, VA 22041, Phone: 703 305-0289, Email: 
[email protected].
    Related RIN: Related to 1615-AC67
    RIN: 1125-AB20
BILLING CODE 4410-BP-P

U.S. DEPARTMENT OF LABOR

Fall 2022 Statement of Regulatory Priorities

Introduction

    The Department's Fall 2022 Regulatory Agenda represents Secretary 
Walsh's commitment to serve American workers and empower workers 
morning, noon, and night. These rules will advance the Department's 
mission to foster, promote, and develop the welfare of wage earners, 
job seekers, and retirees; improve working conditions; advance 
opportunities for profitable employment; and assure work-related 
benefits and rights. The Department's rulemaking is focused on building 
opportunity and equity for all; ensuring safe jobs, essential 
protections, and fair workplaces for workers; and improving the 
administration of and strengthening the safety net for workers.
    Since the start of the Biden Administration, the Department of 
Labor has begun historic rulemaking on issues central to workers in the 
United States and their families, including worker safety, protections 
from discrimination, fair wages, and retirement security and health 
care. These include the following rulemakings:

[[Page 11092]]

     We have expeditiously withdrawn or rescinded rules as 
necessary to protect and strengthen workers' economic security, 
including rescinding the Joint Employer Rule.
     We issued a Final Rule implementing President Biden's 
Executive Order 14026 that increased the minimum wage for workers on 
federal contracts to $15 an hour as of January 30, 2022, and will phase 
out the subminimum wage for tipped workers on federal contracts by 
January 1, 2024. This will improve the economic security of workers on 
federal contracts and their families, many of whom are women and people 
of color.
     We issued a proposal to update the regulations 
implementing Davis-Bacon and Related Acts-- the most comprehensive 
review of the regulation in 40 years--to ensure employers on federally 
funded or assisted construction projects pay locally prevailing wages 
to construction workers. The proposed rules would speed up prevailing 
wage updates, creating efficiencies in the current system and ensuring 
that prevailing wages keep up with actual wages. Over time, this would 
mean higher wages for workers, which is especially important given the 
administration's investments under the Bipartisan Infrastructure Law.
     We finalized Interim Final Rules with the U.S. Department 
of Health and Human Services, the U.S. Department of Treasury, and the 
Office of Personnel Management to implement the No Surprises Act and 
protect people from unexpected medical expenses. Surprise billing can 
cause economic devastation for patients. This rule puts patients first 
by providing safeguards to keep families from financial ruin when they 
need medical care.
     We proposed a rule on determining employee or independent 
contractor status under the Fair Labor Standards Act. Protecting 
employees from being misclassified as independent contractors is 
critically important to ensure those workers receive the wages, 
benefits, and workplace protections they are entitled to under the law.
    The 2022 Regulatory Plan highlights the Labor Department's most 
noteworthy and significant rulemaking efforts, with each addressing the 
top priorities of its regulatory agencies: Employee Benefits Security 
Administration (EBSA), Employment and Training Administration (ETA), 
Mine Safety and Health Administration (MSHA), Office of Federal 
Contract Compliance Programs (OFCCP), Occupational Safety and Health 
Administration (OSHA), Office of Workers' Compensation Programs (OWCP), 
and Wage and Hour Division (WHD). These regulatory priorities exemplify 
the Secretary's vision to empower all workers morning, noon, and night. 
In the morning, this means investing in and valuing the nation's care 
economy so workers can thrive in their jobs, knowing their family's 
care needs are met. At noon, we are building a safe, modern, and 
inclusive workforce so workers have good jobs, opportunities for 
advancement, and a seat at the table. At night, we are supporting a 
lifetime of worker empowerment so workers have peace of mind and a 
safety net to protect against setbacks.
    Under Secretary Walsh's leadership, the Department's regulatory 
efforts are informed by our commitments to advance equity for all 
workers, create a strong culture of evidence-based decision making, and 
engage and seek input from stakeholders. Our Regulatory Agenda 
additionally reflects our ongoing commitment to the Biden 
Administration's prioritization of economic security, raising wages, 
supporting worker organizing and empowerment, and addressing the threat 
of climate change, while embedding equity across the department's 
agencies, policies, and programs.

Investing in and Valuing the Nation's Care Economy

    The Department's regulatory priorities reflect the Secretary's 
focus on care infrastructure. That means ensuring workers can care for 
their families without risking their jobs, stay home when they're sick 
or when they need to care for a sick family member, and have access to 
the resources they need to manage their mental health. It also means 
supporting care economy workers to have safe and healthy jobs with fair 
pay.
     EBSA's joint rulemaking with the Departments of Health and 
Human Services and Treasury, implementing the Mental Health Parity and 
Addiction Equity Act (MHPAEA) will promote compliance and address 
amendments to the Act from the Consolidated Appropriations Act of 2021 
to ensure parity of mental health and substance abuse disorder benefits 
so workers can access mental health care as easily as other types of 
care.
    In addition, OSHA will supplement its outreach and enforcement with 
rulemaking that protects employees in the care economy. Enhancing our 
care infrastructure starts with making sure our frontline care 
providers are safe on the job.
     OSHA will issue a Final Rule later this year to protect 
healthcare workers and healthcare support service workers from 
occupational exposure to COVID-19 in the workplace.
     OSHA will propose an Infectious Diseases rulemaking to 
protect employees in healthcare and other high-risk environments from 
exposure to and transmission of persistent and new infectious diseases, 
ranging from ancient scourges such as tuberculosis to newer threats 
such as Severe Acute Respiratory Syndrome (SARS), the 2019 Novel 
Coronavirus (COVID-19), and other diseases.
     OSHA will initiate small business consultations as its 
first step in developing a Prevention of Workplace Violence rulemaking, 
to provide protections for healthcare and other care economy workers, 
who are the most frequent victims of violence on the job.

Building a Safe, Modern, Inclusive Workforce

    The Department's regulatory priorities reflect the Secretary's 
focus on building a safe, modern, inclusive workforce means people can 
have a job that is safe and healthy, a job that pays a fair wage, a job 
that does not discriminate and that has opportunities for advancement. 
And that means a job where workers have a seat at the table and have a 
say in their work.
    The Department's health and safety regulatory proposals are aimed 
at eliminating preventable workplace injuries, illnesses, and 
fatalities. Workplace safety also protects workers' economic security, 
ensuring that illness and injury do not force families into poverty. 
Our efforts will prevent workers from having to choose between their 
lives and their livelihood.
     OSHA will launch small business consultations as its next 
step in advancing rulemaking on heat illness prevention to protect 
workers from heat hazards in the workplace. Increased temperatures are 
posing a serious threat to workers laboring outdoors and in non-climate 
controlled indoor settings. Exposure to excessive heat is not only a 
hazard in itself, causing heat illness and even death; it is also an 
indirect hazard linked to the loss of cognitive skills which can also 
lead to workplace injuries and worker deaths. Protecting workers will 
help to save lives while we confront the growing threat of climate 
change.
     MSHA will propose a new silica standard to effectively 
assess health concerns and prevent irreversible diseases with a goal of 
ensuring that all miners are safe at their workplaces.

[[Page 11093]]

     MSHA will promulgate a rule establishing that mine 
operators must develop and implement a written safety program for 
mobile and power haulage equipment used at surface mines and surface 
areas of underground mines, in order to reduce accidents and provide 
safer workplaces for miners.
    The Department's regulatory agenda prioritizes workers' economic 
security; ensures they receive a fair day's pay for a fair day's work, 
and do not face discrimination in hiring, employment, or benefits on 
the basis of race, gender, religion, disability, national origin, 
veteran's status, sexual orientation, or gender identity. OFCCP and WHD 
will focus on regulatory changes that will have significant impact on 
workers of color, immigrant workers, and workers with disabilities.
     OFCCP will finalize the proposal to rescind certain 
provisions related to the religious exemption for federal contractors 
and subcontractors. The rescission will return OFCCP to its 
longstanding approach of ensuring that the religious exemption 
contained in Executive Order 11246 is applied consistently with 
nondiscrimination principles of Title VII of the Civil Rights Act of 
1964, as amended. The rescission will reaffirm nondiscrimination 
protections for employees of federal contractors.
     OFCCP will finalize the proposal to modify the agency's 
procedures for using resources strategically to remove barriers to 
equal employment opportunity. The rule will strengthen OFCCP's ability 
to resolve potential employment discrimination at federal contractor 
workplaces, which is creating hurdles to effective enforcement.
     WHD will finalize the proposal to update and modernize the 
regulations implementing the Davis Bacon and Related Acts to provide 
greater clarity and ensure workers are truly paid local prevailing 
wages on federal construction contracts.
     WHD will propose updates to the executive, administrative, 
and professional exemption in the overtime regulations for the Fair 
Labor Standards Act. Updating the salary threshold will ensure that 
middle class jobs pay middle class wages, extending important overtime 
pay protections to millions of workers and raising their pay.
     WHD will finalize regulations that offer certain employees 
employed under the federal service contracts a right of first refusal 
of employment when contracts change over, thereby promoting the 
retention of skilled workers in the federal services workforce.
     ETA is proposing regulations that will ensure that H-2 
visa programs promote worker voice and worker protections.
    The Department is committed to ensuring workers have opportunities 
for employment and training and advancement in their jobs.
     ETA will ensure job-seekers can more easily get the 
support they need by issuing final rules updating the Wagner-Peyser 
Employment Service regulations.
     ETA is focused on ensuring high-quality apprenticeship 
programs, and as part of this, has finalized the proposed rescission of 
the Industry Recognized Apprenticeship Programs (IRAP) rule in order to 
renew focus on Registered Apprenticeship.
    The Department is committed to ensuring workers have a voice on the 
job and furthering this Administration's support for unions and workers 
who are organizing unions, which are critical to achieving economic 
fairness and racial and gender justice.
     OLMS will consider finalizing regulations that require 
employers to check a box disclosing whether they are federal 
contractors or subcontractors on their ``LM-10'' forms, which are filed 
if they hire a consultant to persuade their workers about labor 
relations activities or to ``surveil'' employees or unions involved in 
a labor dispute.

Supporting a Lifetime of Worker Empowerment

    The Department's regulatory priorities reflect the Secretary's 
focus on making sure people do not have to worry that the loss of a job 
or need for medical care will destroy their financial well-being. 
People should be able to save for retirement, access health care, and 
have the support they need to get through a personal or family crisis 
or when they become injured or ill on the job.
     EBSA will support the administration's agenda to protect 
worker's pensions from the threats of climate-related financial risk by 
implementing two executive orders that focus on the impacts of climate 
change and climate-related financial risk. To carry out Executive Order 
13990 ``Protecting Public Health and the Environment and Restoring 
Science to Tackle the Climate Crisis,'' and Executive Order 14030, 
``Climate-Related Financial Risks,'' EBSA finalized its proposal to 
address provisions of the current regulation that inappropriately 
discourage consideration of environmental, social, and governance 
issues by fiduciaries in making investment and proxy voting decisions, 
and provide further clarity to help fiduciaries safeguard the interests 
of participants and beneficiaries in the plan benefits.
     EBSA is proposing to update the definition of the term for 
a retirement plan ``fiduciary'' to ensure retirement savers get sound 
investment advice free from conflicts of interest.
     EBSA, along with the Departments of Health and Human 
Services and Treasury, is proposing regulations to implement the 
advanced explanation of benefits requirements of the No Surprises Act 
to ensure patients have transparency in their health care treatment 
options and expected costs before a scheduled service.

DOL--OFFICE OF FEDERAL CONTRACT COMPLIANCE PROGRAMS (OFCCP)

Final Rule Stage

130. Final Action on Proposal To Rescind Implementing Legal 
Requirements Regarding the Equal Opportunity Clause's Religious 
Exemption [1250-AA09]

    Priority: Other Significant.
    Legal Authority: E.O. 11246
    CFR Citation: 41 CFR 60-1.
    Legal Deadline: None.
    Abstract: The Office of Federal Contract Compliance Programs is 
taking a final action on its proposal to rescind the December 8, 2020, 
final rule, ``Implementing Legal Requirements Regarding the Equal 
Opportunity Clause's Religious Exemption'' (85 FR 79324). The 
rescission would ensure that the religious exemption contained in 
section 204(c) of Executive Order 11246 is consistent with 
nondiscrimination principles of Title VII of the Civil Rights Act of 
1964, as amended. The notice of proposed rescission was published on 
November 9, 2021.
    Statement of Need: The Office of Federal Contract Compliance 
Programs is issuing a final rule regarding its proposal to rescind the 
regulations established in the final rule titled ``Implementing Legal 
Requirements Regarding the Equal Opportunity Clause's Religious 
Exemption''. The NPRM proposed to return to the agency's traditional 
approach, which applies Title VII principles and applicable case law 
and thus would promote clarity and consistency in the application of 
the religious exemption.
    Summary of Legal Basis: Executive Order 11246 (as amended).
    Alternatives: OFCCP considered the alternative of engaging in 
affirmative rulemaking to replace the 2020 rule rather than rescinding 
it.

[[Page 11094]]

    Anticipated Cost and Benefits: The Department prepared estimates of 
the anticipated costs and discussed benefits associated with the 
proposed rule.
    Risks: To be determined.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   08/15/19  84 FR 41677
NPRM Comment Period End.............   09/16/19  .......................
Final Rule..........................   12/09/20  85 FR 79324
Final Rule Effective................   01/08/21  .......................
Notification of Proposed Rescission.   11/09/21  86 FR 62115
Notification of Proposed Rescission    12/09/21  .......................
 Comment Period End.
Final Rule..........................   12/00/22  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Government Levels Affected: Undetermined.
    URL For Public Comments: https://www.regulations.gov/document/OFCCP-2021-0001-0001.
    Agency Contact: Tina Williams, Director, Division of Policy and 
Program Development, Department of Labor, Office of Federal Contract 
Compliance Programs, 200 Constitution Avenue NW, Room C-3325, 
Washington, DC 20210, Phone: 202 693-0104, Email: 
[email protected].
    RIN: 1250-AA09

DOL--OFCCP

131. Pre-Enforcement Notice and Conciliation Procedures [1250-AA14]

    Priority: Other Significant.
    Legal Authority: E.O. 11246; 29 U.S.C. 793; 38 U.S.C. 4216
    CFR Citation: 41 CFR 60-1, 60-2, 60-4, 60-20, 60-30; 41 CFR 60-40, 
60-50, 60-300, 60-741.
    Legal Deadline: None.
    Abstract: This final rule would modify certain provisions set forth 
in the November 10, 2020 final rule, ``Nondiscrimination Obligations of 
Federal Contractors and Subcontractors: Procedures To Resolve Potential 
Employment Discrimination'' (85 FR 71553) and make other related 
changes to the pre-enforcement notice and conciliation process. The 
final rule would promote effective enforcement through OFCCP's 
regulatory procedures.
    Statement of Need: The Office of Federal Contract Compliance 
Programs intends to issue a final rule to modify regulations that 
delineate procedures and standards the agency follows when issuing pre-
enforcement notices and securing compliance through conciliation. This 
final rule would support OFCCP in fulfilling its mission to ensure 
equal employment opportunity.
    Summary of Legal Basis: Executive Order 11246 (as amended), section 
503 of the Rehabilitation Act (as amended), and the Vietnam Era 
Veterans' Readjustment Assistance Act (as amended).
    Alternatives: OFCCP considered the alternative of maintaining the 
current regulations established in the 2020 rule.
    Anticipated Cost and Benefits: The Department prepared estimates of 
the anticipated costs and discussed benefits associated with the 
proposed rule.
    Risks: To be determined.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   03/22/22  87 FR 16138
NPRM Comment Period End.............   04/21/22  .......................
Final Rule..........................   03/00/23  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Government Levels Affected: None.
    Agency Contact: Tina Williams, Director, Division of Policy and 
Program Development, Department of Labor, Office of Federal Contract 
Compliance Programs, 200 Constitution Avenue NW, Room C-3325, 
Washington, DC 20210, Phone: 202 693-0104, Email: 
[email protected].
    RIN: 1250-AA14

DOL--OFFICE OF LABOR-MANAGEMENT STANDARDS (OLMS)

Final Rule Stage

132. Form LM-10 Employer Report [1245-AA13]

    Priority: Other Significant.
    Legal Authority: 29 U.S.C. 433, 438
    CFR Citation: 29 CFR 405.
    Legal Deadline: None.
    Abstract: The Department intends to review the layout of the Form 
LM-10 and will consider proposing a requirement for employers to 
disclose on the Form LM-10 whether the filer is a federal contractor 
and other related information.
    Statement of Need: The Department proposes this change in response 
to the increased prevalence of, and public interest in, persuader 
activities in recent years. Disclosing contractor status is consistent 
with Congress's intent in enacting the LMRDA: [I]t continues to be the 
responsibility of the Federal Government to protect employees' rights 
to organize, choose their own representatives, bargain collectively, 
and otherwise engage in concerted activities for their mutual aid or 
protection. 29 U.S.C. 401(a). Further, such disclosure is also 
consistent with the LMRDA's employer reporting requirements, which 
require a full explanation of the circumstances of all such payments, 
including the terms of any agreement or understanding pursuant to which 
they were made. 29 U.S.C. 433(a). The revision here proposes that one 
of the circumstances that must be explained is whether the payments 
concerned employees of Federal contractors or subcontractors and, if 
so, the filer would provide its Unique Entity Identity (UEI) and the 
relevant Federal contracting agency(ies) if applicable.
    Summary of Legal Basis: The legal authority for this notice of 
proposed rulemaking is set forth in sections 203 and 208 of the Labor-
Management Reporting and Disclosure Act of 1959, as amended (LMRDA), 29 
U.S.C. 433, 438.
    Alternatives: There are three significant possible alternatives to 
the one checkbox and two lines that the Department is considering in 
drafting this proposed Form LM-10 modification: (1) no modification of 
Item 12, (2) only utilizing the checkbox modification, and (3) only 
requiring the employer to identify the UEI and contracting agencies. 
See the proposed revision for complete explanations of why the 
department chose not to pursue these alternatives.
    Anticipated Cost and Benefits: This proposed amendment to the Form 
LM-10 has an approximated 10-year cost of between $55,642.00 and 
$166,926.00 spread across 647 separate yearly Form LM-10 filers. By 
updating the form and instructions to propose this change and to 
clearly and accurately describe the information employers must 
disclose, the proposed revision will support harmonious labor relations 
and will facilitate filers' understanding and compliance, thereby 
reducing incidents of noncompliance and associated costs incurred when 
noncompliant.
    Risks: The Department of Labor has found no significant risk 
associated with the addition to Form LM-10 codified in this proposed 
revision.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   09/13/22  87 FR 55952
NPRM Comment Period End.............   10/13/22
Final Rule..........................   02/00/23
------------------------------------------------------------------------


[[Page 11095]]

    Regulatory Flexibility Analysis Required: Undetermined.
    Government Levels Affected: None.
    Agency Contact: Andrew R. Davis, Director of the Office of Program 
Operations, Department of Labor, Office of Labor-Management Standards, 
200 Constitution Avenue NW, FP Building, Room N-5609, Washington, DC 
20210, Phone: 202 693-0123, Fax: 202 693-1340, Email: [email protected].
    RIN: 1245-AA13

DOL--WAGE AND HOUR DIVISION (WHD)

Proposed Rule Stage

133. Defining and Delimiting the Exemptions for Executive, 
Administrative, Professional, Outside Sales and Computer Employees 
[1235-AA39]

    Priority: Economically Significant. Major under 5 U.S.C. 801.
    Unfunded Mandates: Undetermined.
    Legal Authority: 29 U.S.C. 201 et seq.; 29 U.S.C. 213
    CFR Citation: 29 CFR 541.
    Legal Deadline: None.
    Abstract: WHD is reviewing the regulations at 29 CFR 541, which 
implement the exemption of bona fide executive, administrative, and 
professional employees from the Fair Labor Standards Act's minimum wage 
and overtime requirements.
    Statement of Need: One of the primary goals of this rulemaking 
would be to update the salary level requirement of the section 13(a)(1) 
exemption. A salary level test has been part of the regulations since 
1938 and it has been long recognized that the best single test of the 
employer's good faith in attributing to the employee's services is the 
amount they pay for those services. In prior rulemakings, the 
Department explained its commitment to update the standard salary level 
and Highly Compensated Employees (HCE) total compensation levels more 
frequently. Regular updates promote greater stability, avoid disruptive 
salary level increases that can result from lengthy gaps between 
updates and provide appropriate wage protection.
    Summary of Legal Basis: Section 13(a)(1) of the FLSA, codified at 
29 U.S.C. 213(a)(1), exempts any employee employed in a bona fide 
executive, administrative, or professional capacity or in the capacity 
of outside salesman (as such terms are defined and delimited from time 
to time by regulations of the Secretary, subject to the provisions of 
the [Administrative Procedure Act.]) The FLSA does not define the terms 
executive, administrative, professional, or outside salesman. However, 
pursuant to Congress' grant of rulemaking authority, the Department 
issued regulations at 29 CFR part 541, defining the scope of the 
section 13(a)(1) exemptions. Congress explicitly delegated to the 
Secretary of Labor the power to define and delimit the specific terms 
of the exemptions through notice-and-comment rulemaking.
    Alternatives: Alternatives will be developed in considering 
proposed revisions to the current regulations. The public will be 
invited to provide comments on the proposed revisions and possible 
alternatives.
    Anticipated Cost and Benefits: The Department will prepare 
estimates of the anticipated costs and benefits associated with the 
proposed rule.
    Risks: This action does not affect public health, safety, or the 
environment.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   05/00/23
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Small Entities Affected: Businesses, Governmental Jurisdictions, 
Organizations.
    Government Levels Affected: Federal, Local, State, Tribal.
    Federalism: Undetermined.
    Agency Contact: Amy DeBisschop, Director of the Division of 
Regulations, Legislation, and Interpretation, Department of Labor, Wage 
and Hour Division, 200 Constitution Avenue NW, FP Building, Room S-
3502, Washington, DC 20210, Phone: 202 693-0406.
    RIN: 1235-AA39

DOL--WHD

134. Nondisplacement of Qualified Workers Under Service Contracts 
[1235-AA42]

    Priority: Economically Significant. Major under 5 U.S.C. 801.
    Legal Authority: E.O. 14055
    CFR Citation: 29 CFR 9.
    Legal Deadline: None.
    Abstract: On November 18, 2021, President Biden signed Executive 
Order 14055 requiring the Secretary of Labor to issue final regulations 
on the nondisplacement of qualified workers under service contracts. 
This Executive Order will promote retention of experienced and skilled 
employees working on federal service contracts. Service work supporting 
federal government functions occurs all over the country, from federal 
building maintenance to services provided on military bases to skilled 
technicians operating and maintaining federal equipment. Under this 
Executive Order, when a federal service contract transitions from one 
contractor to another, the new contractor will be required to offer 
jobs to qualified employees who worked for the previous contractor and 
performed their jobs well. This prevents disruptions in federal 
services, makes it easier for employers to find workers who are already 
trained for the job, and saves taxpayer dollars.
    Statement of Need: Executive Order 14055 requires the Secretary of 
Labor to issue regulations on the nondisplacement of qualified workers 
under service contracts.
    Summary of Legal Basis: President Biden issued Executive Order 
14055 pursuant to his authority under ``the Constitution and the laws 
of the United States,'' expressly including the Procurement Act. 86 FR 
66397. The Procurement Act authorizes the President to ``prescribe 
policies and directives that the President considers necessary to carry 
out'' the statutory purposes of ensuring ``economical and efficient'' 
government procurement and administration of government property. 40 
U.S.C. 101.121(a). Executive Order 14055 directs the Secretary to issue 
regulations to ``implement the requirements of this order.'' 86 FR 
66399.
    Alternatives: The Department has discussed a few specific 
provisions in which limited alternatives are possible.
    First, in cases where a prime contract is above the simplified 
acquisition threshold, but their subcontract falls below this 
threshold, the Department could potentially have discretion to exclude 
these subcontracts from the requirements of this proposed rule. 
However, the Department believes that based on the way the Executive 
Order is worded, the intent was not to exclude these subcontracts. 
Second, the Department has some discretion in defining the specific 
analysis that must be completed by contracting agencies regarding 
location continuity. The Department is considering whether to require 
contracting officers to analyze additional factors when determining 
whether to decline to require location continuity. Any requirement of a 
more in-depth analysis could potentially increase costs for contracting 
agencies.
    Anticipated Cost and Benefits: The proposed rule could result in 
costs for small business firms in the form of rule

[[Page 11096]]

familiarization costs, implementation costs, and recordkeeping costs.
    Using a carryover workforce reduces disruption in the delivery of 
services during the period of transition between contractors, maintains 
physical and information security, and provides the Federal Government 
with the benefits of an experienced and well-trained workforce that is 
familiar with the Federal Government's personnel, facilities, and 
requirements.
    Risks: This action does not affect the public health, safety, or 
the environment.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   07/15/22  87 FR 42552
NPRM Comment Period End.............   08/15/22
NPRM Analyze Comments...............   12/00/22
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Undetermined.
    Government Levels Affected: Federal.
    Agency Contact: Amy DeBisschop, Director of the Division of 
Regulations, Legislation, and Interpretation, Department of Labor, Wage 
and Hour Division, 200 Constitution Avenue NW, FP Building, Room S-
3502, Washington, DC 20210, Phone: 202 693-0406.
    RIN: 1235-AA42

DOL--WHD

Final Rule Stage

135. Updating the Davis-Bacon and Related Acts Regulations [1235-AA40]

    Priority: Economically Significant. Major under 5 U.S.C. 801.
    Legal Authority: 40 U.S.C. 3141 et seq.; 40 U.S.C. 3145
    CFR Citation: 29 CFR 1; 29 CFR 3; 29 CFR 5; 29 CFR 6; 29 CFR 7.
    Legal Deadline: None.
    Abstract: The Davis-Bacon Act (DBA) was enacted in 1931 and amended 
in 1935 and 1964. The DBA requires the payment of locally prevailing 
wages and fringe benefits to laborers and mechanics as determined by 
the Department of Labor. The DBA applies to direct Federal contracts 
and District of Columbia contracts in excess of $2,000 for the 
construction, alteration, or repair of public buildings or public 
works. Congress has included DBA prevailing wage requirements in 
numerous statutes (referred to as Related Acts) under which Federal 
agencies assist construction projects through grants, loans, 
guarantees, insurance, and other methods. Covered contractors and 
subcontractors must pay their laborers and mechanics employed under the 
contract no less than the locally prevailing wage rates and fringe 
benefits as required by the applicable wage determination. The 
Department proposes to update and modernize the regulations 
implementing the Davis-Bacon and Related Acts to provide greater 
clarity and enhance their usefulness in the modern economy.
    Statement of Need: The Department proposed to update and modernize 
the regulations implementing the Davis-Bacon and Related Acts to 
provide greater clarity and enhance their usefulness in the modern 
economy.
    Summary of Legal Basis: These regulations are authorized by Title 
40, sections 3141-3148. Minimum wages are defined as those determined 
by the Secretary to be (a) prevailing; (b) in the locality of the 
project; (c) for similar craft and skills; (d) on comparable 
construction work. See section 3142.
    Alternatives: Alternatives were developed in considering proposed 
revisions to the current regulations. As part of the NPRM, one 
alternative the Department considered was requiring all contracting 
agencies--not just Federal agencies--that use wage determinations under 
the DBRA to submit an annual report to the Department outlining 
proposed construction programs for the coming year. But in the proposed 
rule, the Department noted that this requirement would be unnecessarily 
onerous for non-Federal contracting agencies, particularly as major 
construction projects such as those related to road and water quality 
infrastructure projects may be dependent upon approved funding or 
financial assistance from a Federal partner. The Department's proposal 
to require only Federal agencies to submit these annual reports would 
be simpler and less burdensome for the regulated community as some 
Federal agencies have already been submitting these reports pursuant to 
AAM (Dec. 27, 1985) and AAM 224 (Jan. 17, 2017).
    Another alternative that was considered was the use of a different 
index instead on the Employment Cost index (ECI) for updating out-of-
date non-collectively bargained wage rates. The Department considered 
proposing to use the Consumer Price Index (CPI) but considers the data 
source to be a less appropriate index to use because the CPI measures 
movement of consumer prices as experienced by day-to-day living 
expenses, unlike the ECI, which measures changes in the costs of labor 
in particular. The CPI does not track changes in wages or benefits, nor 
does it reflect the costs of construction workers nationwide.
    The Department welcomed comments on these and other alternatives to 
the proposed rule.
    Anticipated Cost and Benefits: The Department prepared estimates of 
the anticipated costs and benefits associated with the proposed rule. 
The Department considered employer costs associated with both (a) the 
return to the ``three-step'' method for determining the prevailing wage 
(i.e., the change from a 50 percent threshold to a 30 percent 
threshold) and (b) the incorporation of a mechanism to periodically 
update certain non-collectively bargained prevailing wage rates. Costs 
presented are combined for both provisions. However, the Department 
believes most of the costs will be associated with the second 
provision. The Department estimated both regulatory familiarization 
costs and implementation costs. Year 1 costs are estimated to total 
$12.6 million. Average annualized costs across the first 10 years of 
implementation are estimated to be $3.9 million (using a 7 percent 
discount rate).
    Risks: This action does not affect public health, safety, or the 
environment.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   03/18/22  87 FR 15698
NPRM Comment Period End.............   05/17/22
Final Rule..........................   02/00/23
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Undetermined.
    Government Levels Affected: Federal, Local, State, Tribal.
    Agency Contact: Amy DeBisschop, Director of the Division of 
Regulations, Legislation, and Interpretation, Department of Labor, Wage 
and Hour Division, 200 Constitution Avenue NW, FP Building, Room S-
3502, Washington, DC 20210, Phone: 202 693-0406.
    RIN: 1235-AA40

DOL--EMPLOYMENT AND TRAINING ADMINISTRATION (ETA)

Final Rule Stage

136. Wagner-Peyser Act Staffing [1205-AC02]

    Priority: Other Significant.
    Legal Authority: Wagner-Peyser Act
    CFR Citation: 20 CFR 651; 20 CFR 652; 20 CFR 653; 20 CFR 658.
    Legal Deadline: None.

[[Page 11097]]

    Abstract: The Department proposed to revise the Wagner-Peyser Act 
regulations regarding Employment Services (ES) staffing to require that 
states use state merit staff to provide ES services, including Migrant 
and Seasonal Farmworker (MSFW) services, and to improve service 
delivery.
    Statement of Need: The Department identified areas of the 
regulation that changed to create a uniform standard of ES services 
provision for States.
    Summary of Legal Basis: The Department is undertaking this 
rulemaking pursuant to its authority under section 12 of the Wagner-
Peyser Act (29 U.S.C. 49k).
    Alternatives: Two alternatives will be considered, and the public 
had the opportunity to comment on these alternatives during the comment 
period of the NPRM.
    Anticipated Cost and Benefits: The proposed rule was estimated to 
have one-time rule familiarization costs of $4,205 in 2020 dollars, as 
well as unknown transition costs. The proposed rule also estimated the 
rule to have annual transfer payments of $9.6 million for three of the 
five States that currently have non-State merit staff providing some 
labor exchange services; transfer payments are monetary payments from 
one group to another, such as wages shifting from one employer to 
another, that do not affect total resources available to society. The 
transfer payments for this proposed rule were the estimated wage cost 
increases to the States associated with employee wages and fringe 
benefits. In the NPRM, the Department I solicited comments from 
stakeholders and the public on the unknown transition costs, plus 
transfer payments that would be incurred by any States with some non-
State merit staff providing labor exchange services.
    Risks: This action does not affect the public health, safety, or 
the environment.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   04/20/22  87 FR 23700
NPRM Comment Period End.............   06/21/22
Final Rule..........................   06/00/23
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Undetermined.
    Government Levels Affected: State.
    Agency Contact: Kimberly Vitelli, Administrator, Office of 
Workforce Investment, Department of Labor, Employment and Training 
Administration, 200 Constitution Avenue NW, FP Building, Room C-4526, 
Washington, DC 20210, Phone: 202 693-3980, Email: 
[email protected].
    RIN: 1205-AC02

DOL--EMPLOYEE BENEFITS SECURITY ADMINISTRATION (EBSA)

Proposed Rule Stage

137. Definition of the Term ``Fiduciary'' [1210-AC02]

    Priority: Economically Significant. Major under 5 U.S.C. 801.
    Unfunded Mandates: Undetermined.
    Legal Authority: 29 U.S.C. 1002; 29 U.S.C. 1135; Reorganization 
Plan No. 4 of 1978, 5 U.S.C. App. 252 (2020)
    CFR Citation: 29 CFR 2510.3-21.
    Legal Deadline: None.
    Abstract: This rulemaking would amend the regulatory definition of 
the term fiduciary set forth at 29 CFR 2510.3-21(c) to more 
appropriately define when persons who render investment advice for a 
fee to employee benefit plans and IRAs are fiduciaries within the 
meaning of section 3(21) of ERISA and section 4975(e)(3) of the 
Internal Revenue Code. The amendment would take into account practices 
of investment advisers, and the expectations of plan officials and 
participants, and IRA owners who receive investment advice, as well as 
developments in the investment marketplace, including in the ways 
advisers are compensated that can subject advisers to harmful conflicts 
of interest. In conjunction with this rulemaking, EBSA also will 
evaluate available prohibited transaction class exemptions and propose 
amendments or new exemptions to ensure consistent protection of 
employee benefit plan and IRA investors.
    Statement of Need: Many protections, duties, and liabilities in 
ERISA hinge on fiduciary status; therefore, the determination of who is 
a fiduciary is of central importance. The Department's existing 
regulatory definition of an investment advice fiduciary, adopted in 
1975, established a five-part test for status as a fiduciary. The 1975 
regulation's five-part test is not founded in the statutory text of 
ERISA, does not take into account the current nature and structure of 
many individual account retirement plans and IRAs, is inconsistent with 
the reasonable expectations of plan officials and participants, and IRA 
owners who receive investment advice, and allows many investment advice 
providers to avoid status as a fiduciary under federal pension laws. 
Under ERISA, fiduciaries must avoid conflicts of interest or comply 
with a prohibited transaction exemption with conditions designed to 
protect retirement investors. A wide and compelling body of evidence 
shows that conflicts of interest and forms of compensation that can 
subject advisers to harmful conflicts of interest, if left unchecked, 
too often result in biased investment advice and resulting harm to 
retirement investors. In conjunction with this rulemaking, EBSA also 
will evaluate available prohibited transaction class exemptions and 
consider proposing amendments or new exemptions to ensure consistent 
protection of employee benefit plan and IRA investors.
    Summary of Legal Basis: The Department is proposing the amendment 
to its regulation defining a fiduciary pursuant to authority in ERISA 
section 505 (29 U.S.C. 1135) and section 102 of Reorganization Plan No. 
4 of 1978, 5 U.S.C. App. 252 (2020).
    Alternatives: The Department considered as an alternative leaving 
the 1975 regulation in place without change.
    Anticipated Cost and Benefits: The proposed amendment to the 1975 
regulation would extend the protections associated with fiduciary 
status to more advice arrangements. The proposed regulation and 
associated prohibited transaction exemptions are expected to require 
providers of investment advice to adhere to a best interest standard, 
charge no more than reasonable compensation, eliminate or mitigate 
conflicts of interest, and make important disclosures to their 
customers, among other things. These protections would deliver 
substantial gains for retirement investors and economic benefits that 
more than justify the costs. The costs of the regulation are largely 
expected to stem from compliance with the associated prohibited 
transaction exemptions. Estimates of the cost of compliance are still 
under development and will be reflected in the notice of proposed 
rulemaking.
    Risks: The Department believes that the 1975 regulation must be 
revised to align with retirement investors' reasonable expectations 
regarding their relationships with investment advice providers and to 
reflect developments in the investment advice marketplace since the 
1975 regulation was adopted. Failure to appropriately define an 
investment advice fiduciary under ERISA is likely to expose retirement 
investors to conflicts of interest that will erode retirement savings. 
The risks are especially great with respect to recommendations to roll 
assets out of ERISA-covered plans to IRAs because of the central 
importance of retirement plan savings to workers, the relative size

[[Page 11098]]

of rollover transactions, and the technical requirements of the current 
fiduciary regulation, which have encouraged advisers to argue that 
their advice falls outside the regulation's purview regardless of its 
importance.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   12/00/22
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Undetermined.
    Government Levels Affected: Undetermined.
    Federalism: Undetermined.
    Agency Contact: Karen E. Lloyd, Office of Regulations and 
Interpretations, Department of Labor, Employee Benefits Security 
Administration, 200 Constitution Avenue NW, FP Building, Room N-5655, 
Washington, DC 20210, Phone: 202 693-8510.
    RIN: 1210-AC02

DOL--EBSA

138. Mental Health Parity and Addiction Equity Act and the Consolidated 
Appropriations Act, 2021 [1210-AC11]

    Priority: Other Significant.
    Legal Authority: Pub. L. 116-260, Division BB, Title II; Pub. L. 
110-343, secs. 511-512
    CFR Citation: Not Yet Determined.
    Legal Deadline: None.
    Abstract: This rule would propose amendments to the final rules 
implementing the Mental Health Parity and Addiction Equity Act 
(MHPAEA). The amendments would clarify plans' and issuers' obligations 
under the law, promote compliance with MHPAEA, and update requirements 
to take into account experience with MHPAEA in the years since the 
rules were finalized as well as amendments to the law recently enacted 
as part of the Consolidated Appropriations Act, 2021.
    Statement of Need: There have been a number of legislative 
enactments related to MHPAEA since issuance of the 2014 final rules, 
including the 21st Century Cures Act, the Support Act, and the 
Consolidated Appropriations Act, 2021. This rule would propose 
amendments to the final rules and incorporate examples and 
modifications to account for this legislation and previously issued 
guidance and to take into account experience with MHPAEA in the years 
since the rules were finalized.
    Summary of Legal Basis: The Department of Labor regulations would 
be adopted pursuant to the authority contained in 29 U.S.C. 1002, 1135, 
1182, 1185d, 1191a, 1191b, and 1191c; Secretary of Labor's Order 1-
2011, 77 FR 1088 (Jan. 9, 2012).
    Alternatives: Not yet determined.
    Anticipated Cost and Benefits: Not yet determined.
    Risks: Not yet determined.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   12/00/22
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Undetermined.
    Government Levels Affected: Federal, State.
    Federalism: This action may have federalism implications as defined 
in E.O. 13132.
    Agency Contact: Amber Rivers, Director, Office of Health Plan 
Standards and Compliance Assistance, Department of Labor, Employee 
Benefits Security Administration, 200 Constitution Avenue NW, 
Washington, DC 20210, Phone: 202 693-8335, Email: [email protected].
    RIN: 1210-AC11

DOL--MINE SAFETY AND HEALTH ASMINISTRATION (MSHA)

Proposed Rule Stage

139. Respirable Crystalline Silica [1219-AB36]

    Priority: Other Significant.
    Legal Authority: 30 U.S.C. 811; 30 U.S.C. 813(h); 30 U.S.C. 957
    CFR Citation: 30 CFR 56; 30 CFR 57; 30 CFR 60; 30 CFR 70; 30 CFR 
71; 30 CFR 72; 30 CFR 75; 30 CFR 90.
    Legal Deadline: None.
    Abstract: Many miners are exposed to respirable crystalline silica 
(RCS) in respirable dust. These miners can develop lung diseases such 
as chronic obstructive pulmonary disease, and various forms of 
pneumoconiosis, such as silicosis, progressive massive fibrosis, and 
rapidly progressive pneumoconiosis. These diseases are irreversible and 
may ultimately be fatal. MSHA's existing standards limit miners' 
exposures to RCS. MSHA will publish a proposed rule to address the 
existing permissible exposure limit of RCS for all miners and to update 
the existing respiratory protection standards under 30 CFR 56, 57, and 
72.
    Statement of Need: Many miners are exposed to respirable 
crystalline silica (RCS) in respirable dust, which can result in the 
onset of diseases such as silicosis and rapidly progressive 
pneumoconiosis. These lung diseases are irreversible and may ultimately 
be fatal. MSHA is examining the existing limit on miners' exposures to 
RCS to safeguard the health of America's miners. Based on MSHA's 
experience with existing standards and regulations, as well as OSHA's 
RCS standards and NIOSH research, MSHA will develop a rule applicable 
to metal, nonmetal, and coal operations.
    Summary of Legal Basis: Sections 101(a), 103(h), and 508 of the 
Federal Mine Safety and Health Act of 1977 (Mine Act), as amended (30 
U.S.C. 811(a), 813(h), and 957).
    Alternatives: MSHA will examine one or two different levels of 
miners' RCS exposure limit and assess the technological and economic 
feasibility of such option(s).
    Anticipated Cost and Benefits: To be determined.
    Risks: Miners face impairment risk of health and functional 
capacity due to RCS exposures. MSHA will examine the existing RCS 
standard and determine ways to reduce the health risks associate with 
RCS exposure.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Request for Information (RFI).......   08/29/19  84 FR 45452
RFI Comment Period End..............   10/28/19
NPRM................................   04/00/23
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Undetermined.
    Small Entities Affected: Businesses, Governmental Jurisdictions.
    Government Levels Affected: Local, State.
    Agency Contact: S. Aromie Noe, Director, Office of Standards, 
Regulations, and Variances, Department of Labor, Mine Safety and Health 
Administration, 201 12th Street S, Suite 401, Arlington, VA 22202, 
Phone: 202 693-9440, Fax: 202 693-9441.
    RIN: 1219-AB36

DOL--MSHA

Final Rule Stage

140. Safety Program for Surface Mobile Equipment [1219-AB91]

    Priority: Other Significant. Major under 5 U.S.C. 801.
    Legal Authority: 30 U.S.C. 811; 30 U.S.C. 813(h); 30 U.S.C. 957
    CFR Citation: 30 CFR 56; 30 CFR 57; 30 CFR 77.
    Legal Deadline: None.
    Abstract: MSHA would require mine operators to establish a written 
safety

[[Page 11099]]

program for mobile equipment and powered haulage equipment (except belt 
conveyors) used at surface mines and surface areas of underground 
mines. Under this proposal, mine operators would be required to assess 
hazards and risks and identify actions to reduce accidents related to 
surface mobile equipment. The operators would have flexibility to 
develop and implement a safety program that would work best for their 
mining conditions and operations. This proposed rule would reduce fatal 
and nonfatal injuries involving surface mobile equipment used at mines 
and improve miner safety and health.
    Statement of Need: Although mine accidents are declining, accidents 
involving mobile and powered haulage equipment are still a leading 
cause of fatalities in mining. To reduce fatal and nonfatal injuries 
involving surface mobile equipment used at mines, MSHA is proposing a 
regulation that would require mine operators employing six or more 
miners to develop a written safety program for mobile and powered 
haulage equipment (excluding belt conveyors) at surface mines and 
surface areas of underground mines. The written safety program would 
include actions mine operators would take to identify hazards and risks 
to reduce accidents, injuries, and fatalities related to surface mobile 
equipment.
    Summary of Legal Basis: Sections 101(a), 103(h), and 508 of the 
Federal Mine Safety and Health Act of 1977 (Mine Act), as amended (30 
U.S.C. 811(a), 813(h), and 957).
    Alternatives: MSHA considered requiring all mines, regardless of 
size, to develop and implement a written safety program for surface 
mobile equipment. Based on the Agency's experience, MSHA concluded that 
a mine operator with five or fewer miners would generally have a 
limited inventory of surface mobile equipment. These operators would 
also have less complex mining operations, with fewer mobile equipment 
hazards that would necessitate a written safety program. Thus, these 
mine operators are not required to have a written safety program, 
although MSHA would encourage operators with five or fewer miners to 
have safety programs. MSHA will consider comments and suggestions 
received on alternatives or best practices that all mines might use to 
develop safety programs (whether written or not) for surface mobile 
equipment.
    Anticipated Cost and Benefits: The proposed rule would not be 
economically significant, and it would have some net benefits.
    Risks: Miners operating mobile and powered haulage equipment or 
working nearby face risks of workplace injuries, illnesses, or deaths. 
The proposed rule would allow a flexible approach to reducing hazards 
and risks specific to each mine so that mine operators would be able to 
develop and implement safety programs that work for their operation, 
mining conditions, and miners.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Request for Information (RFI).......   06/26/18  83 FR 29716
Notice of Public Stakeholder           07/25/18  83 FR 35157
 Meetings.
Stakeholder Meeting--Birmingham, AL.   08/07/18
Stakeholder Meeting--Dallas, TX.....   08/09/18
Stakeholder Meeting (Webinar)--        08/16/18
 Arlington, VA.
Stakeholder Meeting--Reno, NV.......   08/21/18
Stakeholder Meeting--Beckley, WV....   09/11/18
Stakeholder Meeting--Albany, NY.....   09/20/18
Stakeholder Meeting--Arlington, VA..   09/25/18
RFI Comment Period End..............   12/24/18
NPRM................................   09/09/21  86 FR 50496
NPRM Comment Period End.............   11/08/21
NPRM Reopening of the Rulemaking       12/20/21  86 FR 71860
 Record for Public Comments.
Virtual Public Hearing..............   01/11/22
NPRM Comment Period Extension End...   02/11/22
Final Rule..........................   07/00/23
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Small Entities Affected: No.
    Government Levels Affected: None.
    Agency Contact: S. Aromie Noe, Director, Office of Standards, 
Regulations, and Variances, Department of Labor, Mine Safety and Health 
Administration, 201 12th Street S, Suite 401, Arlington, VA 22202, 
Phone: 202 693-9440, Fax: 202 693-9441.
    RIN: 1219-AB91

DOL--OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION (OSHA)

Prerule Stage

141. Prevention of Workplace Violence in Health Care and Social 
Assistance [1218-AD08]

    Priority: Other Significant. Major status under 5 U.S.C. 801 is 
undetermined.
    Unfunded Mandates: Undetermined.
    Legal Authority: 29 U.S.C. 655(b); 5 U.S.C. 609
    CFR Citation: Not Yet Determined.
    Legal Deadline: None.
    Abstract: The Request for Information (RFI) (published on December 
7, 2016, 81 FR 88147)) provides OSHA's history with the issue of 
workplace violence in health care and social assistance, including a 
discussion of the Guidelines that were initially published in 1996, a 
2014 update to the Guidelines, the agency's use of 5(a)(1) in 
enforcement cases in health care. The RFI solicited information 
primarily from health care employers, workers and other subject matter 
experts on impacts of violence, prevention strategies, and other 
information that will be useful to the agency. OSHA was petitioned for 
a standard preventing workplace violence in health care by a broad 
coalition of labor unions, and in a separate petition by the National 
Nurses United. On January 10, 2017, OSHA granted the petitions. OSHA is 
preparing for SBREFA.
    Statement of Need: Workplace violence is a widespread problem, and 
there is growing recognition that workers in healthcare and social 
service occupations face unique risks and challenges. In 2018, the rate 
of serious workplace violence incidents (those requiring days off for 
an injured worker to recuperate) was more than five times greater in 
these occupations than in private industry on average, with both the 
number and share of incidents rising faster in these professions than 
among other workers.
    Healthcare and social services account for nearly as many serious 
violent injuries as all other industries combined. Workplace violence 
comes at a high cost. It harms workers often both physically and 
emotionally and makes it more difficult for them to do their jobs.
    Workers in some medical and social service settings are more at 
risk than others. According to the Bureau of Labor Statistics, in 2018 
workers at psychiatric and substance abuse hospitals experienced the 
highest rate of violent injuries that resulted in days away from work, 
at approximately 125 injuries per 10,000 full-time employees (FTEs). 
This

[[Page 11100]]

is about 6 times the rate for workers at nursing and residential care 
facilities (21.1/10,000). But even workers involved in ambulatory care, 
while less likely than other healthcare workers to experience violent 
injuries, were 1.5 times as likely as workers outside of healthcare to 
do so.
    Summary of Legal Basis: The Occupational Safety and Health Act of 
1970 authorizes the Secretary of Labor to set mandatory occupational 
safety and health standards to assure safe and healthful working 
conditions for working men and women (29 U.S.C. 651).
    Alternatives: One alternative to proposed rulemaking would be to 
take no regulatory action. As OSHA develops more information, it will 
also make decisions relating to the scope of the standard and the 
requirements it may impose.
    Anticipated Cost and Benefits: The estimates of costs and benefits 
are still under development.
    Risks: Analysis of risks is still under development.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Request for Information (RFI).......   12/07/16  81 FR 88147
RFI Comment Period End..............   04/06/17
Initiate SBREFA.....................   12/00/22
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Small Entities Affected: Businesses, Governmental Jurisdictions, 
Organizations.
    Government Levels Affected: Local, State.
    Agency Contact: Andrew Levinson, Director, Directorate of Standards 
and Guidance, Department of Labor, Occupational Safety and Health 
Administration, 200 Constitution Avenue NW, FP Building, Room N-3718, 
Washington, DC 20210, Phone: 202 693-1950, Email: 
[email protected].
    RIN: 1218-AD08

DOL--OSHA

142. Heat Illness Prevention in Outdoor and Indoor Work Settings [1218-
AD39]

    Priority: Other Significant.
    Legal Authority: Not Yet Determined
    CFR Citation: None.
    Legal Deadline: None.
    Abstract: Heat is the leading weather-related killer, and it is 
becoming more dangerous as 18 of the last 19 years were the hottest on 
record. Excessive heat can cause heat stroke and even death if not 
treated properly. It also exacerbates existing health problems like 
asthma, kidney failure, and heart disease. Workers in agriculture and 
construction are at highest risk, but the problem affects all workers 
exposed to heat, including indoor workers without climate-controlled 
environments. Essential jobs where employees are exposed to high levels 
of heat are disproportionately held by Black and Brown workers.
    Heat stress killed 815 U.S. workers and seriously injured more than 
70,000 workers from 1992 through 2017, according to the Bureau of Labor 
Statistics. However, this is likely a vast underestimate, given that 
injuries and illnesses are under reported in the U.S., especially in 
the sectors employing vulnerable and often undocumented workers. 
Further, heat is not always recognized as a cause of heat-induced 
injuries or deaths and can easily be misclassified, because many of the 
symptoms overlap with other more common diagnoses.
    To date, California, Washington, Minnesota, and the US military 
have issued heat protections. OSHA currently relies on the general duty 
clause (OSH Act section 5(a))(1)) to protect workers from this hazard. 
Notably, from 2013 through 2017, California used its heat standard to 
conduct 50 times more inspections resulting in a heat-related violation 
than OSHA did nationwide under its general duty clause. It is likely to 
become even more difficult to protect workers from heat stress under 
the general duty clause in light of the 2019 Occupational Safety and 
Health Review Commission's decision in Secretary of Labor v. A.H. 
Sturgill Roofing, Inc.
    OSHA was petitioned by Public Citizen for a heat stress standard in 
2011. The Agency denied this petition in 2012, but was once again 
petitioned by Public Citizen, on behalf of approximately 130 
organizations, for a heat stress standard in 2018 and 2019. Most 
recently in 2021, Public Citizen petitioned OSHA to issue an emergency 
temporary standard on heat stress. OSHA is still considering these 
petitions and has neither granted nor denied to date. In 2019 and 2021, 
some members of the Senate also urged OSHA to initiate rulemaking to 
address heat stress.
    Given the potentially broad scope of regulatory efforts to protect 
workers from heat hazards, as well as a number of technical issues and 
considerations with regulating this hazard (e.g., heat stress 
thresholds, heat acclimatization planning, exposure monitoring, medical 
monitoring), OSHA published an ANPRM on Heat Injury and Illness 
Prevention in Outdoor and Indoor Work Settings (October 27, 2021) to 
begin a dialogue and engage with stakeholders to explore the potential 
for rulemaking on this topic.
    Statement of Need: Heat stress killed more than 900 US workers, and 
caused serious heat illness in almost 100 times as many, from 1992 
through 2019, according to the Bureau of Labor Statistics. However, 
this is likely a vast underestimate, given that injuries and illnesses 
are underreported in the US, especially in the sectors employing 
vulnerable and often undocumented workers. Further, heat is not always 
recognized as a cause of heat-induced illnesses or deaths, which are 
often misclassified, because many of the symptoms overlap with other 
more common diagnoses. Moreover, climate change is increasing the heat 
hazard throughout the nation: 2020 was either the hottest or the second 
hottest year on record, with 2021 being the 6th hottest on record. 
Although official figures for 2022 are not yet available, we already 
know that in many states heat related deaths are far higher than normal 
this year.
    Summary of Legal Basis: The Occupational Safety and Health Act of 
1970 authorizes the Secretary of Labor to set mandatory occupational 
safety and health standards to assure safe and healthful working 
conditions for working men and women (29 U.S.C. 651).
    Alternatives: One alternative to proposed rulemaking would be to 
take no regulatory action an instead rely upon the General Duty Clause 
(OSH Act Section 5(a)(1) for select enforcement activity). As OSHA 
develops more information, it will also make decisions relating to the 
scope of the standard and the requirements it may impose.
    Anticipated Cost and Benefits: The estimates of costs and benefits 
are still under development.
    Risks: Analysis of risks is still under development.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
ANPRM...............................   10/27/21  86 FR 59309
ANPRM Comment Period Extended.......   12/02/21  86 FR 68594
ANPRM Comment Period Extended End...   01/26/22
Initiate SBREFA.....................   01/00/23
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Undetermined.
    Government Levels Affected: Undetermined.

[[Page 11101]]

    Agency Contact: Andrew Levinson, Director, Directorate of Standards 
and Guidance, Department of Labor, Occupational Safety and Health 
Administration, 200 Constitution Avenue NW, FP Building, Room N-3718, 
Washington, DC 20210, Phone: 202-693-1950, Email: 
[email protected].
    RIN: 1218-AD39

DOL--OSHA

Proposed Rule Stage

143. Infectious Diseases [1218-AC46]

    Priority: Economically Significant. Major status under 5 U.S.C. 801 
is undetermined.
    Unfunded Mandates: Undetermined.
    Legal Authority: 5 U.S.C. 533; 29 U.S.C. 657 and 658; 29 U.S.C. 
660; 29 U.S.C. 666; 29 U.S.C. 669; 29 U.S.C. 673
    CFR Citation: 29 CFR 1910.
    Legal Deadline: None.
    Abstract: Employees in health care and other high-risk environments 
face long-standing infectious disease hazards such as tuberculosis 
(TB), varicella disease (chickenpox, shingles), and measles, as well as 
new and emerging infectious disease threats, such as Severe Acute 
Respiratory Syndrome (SARS), the 2019 Novel Coronavirus (COVID-19), and 
pandemic influenza. Health care workers and workers in related 
occupations, or who are exposed in other high-risk environments, are at 
increased risk of contracting TB, SARS, Methicillin-Resistant 
Staphylococcus Aureus (MRSA), COVID-19, and other infectious diseases 
that can be transmitted through a variety of exposure routes. OSHA is 
examining regulatory alternatives for control measures to protect 
employees from infectious disease exposures to pathogens that can cause 
significant disease. Workplaces where such control measures might be 
necessary include: health care, emergency response, correctional 
facilities, homeless shelters, drug treatment programs, and other 
occupational settings where employees can be at increased risk of 
exposure to potentially infectious people. A standard could also apply 
to laboratories, which handle materials that may be a source of 
pathogens, and to pathologists, coroners' offices, medical examiners, 
and mortuaries.
    Statement of Need: Employees in health care and other high-risk 
environments face long-standing infectious disease hazards such as 
tuberculosis (TB), varicella disease (chickenpox, shingles), and 
measles, as well as new and emerging infectious disease threats, such 
as Severe Acute Respiratory Syndrome (SARS), the 2019 Novel Coronavirus 
(COVID-19), and pandemic influenza. Health care workers and workers in 
related occupations, or who are exposed in other high-risk 
environments, are at increased risk of contracting TB, SARS, 
Methicillin-Resistant Staphylococcus Aureus (MRSA), COVID-19, and other 
infectious diseases that can be transmitted through a variety of 
exposure routes.
    Summary of Legal Basis: The Occupational Safety and Health Act of 
1970 authorizes the Secretary of Labor to set mandatory occupational 
safety and health standards to assure safe and healthful working 
conditions for working men and women (29 U.S.C. 651).
    Alternatives: One alternative is to take no regulatory action. OSHA 
is examining regulatory alternatives for control measures to protect 
employees from infectious disease exposures to pathogens that can cause 
significant disease. In addition to health care, workplaces where SERs 
suggested such control measures might be necessary include: emergency 
response, correctional facilities, homeless shelters, drug treatment 
programs, and other occupational settings where employees can be at 
increased risk of exposure to potentially infectious people.
    A standard could also apply to laboratories, which handle materials 
that may be a source of pathogens, and to pathologists, coroners' 
offices, medical examiners, and mortuaries. OSHA offered several 
alternatives to the SBREFA panel when presenting the proposed 
Infectious Disease (ID) rule. OSHA considered a specification oriented 
rule rather than a performance oriented rule, but has preliminarily 
determined that this type of rule would provide less flexibility and 
would likely fail to anticipate all of the potential hazards and 
necessary controls for every type and every size of facility and would 
under-protect workers. OSHA also considered changing the scope of the 
rule by restricting the ID rule to workers who have occupational 
exposure during the provision of direct patient care in institutional 
settings but based on the evidence thus far analyzed, workers 
performing other covered tasks in both institutional and non-
institutional settings also face a risk of infection because of their 
occupational exposure.
    Anticipated Cost and Benefits: The estimates of costs and benefits 
are still under development.
    Risks: Analysis of risks is still under development.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Request for Information (RFI).......   05/06/10  75 FR 24835
RFI Comment Period End..............   08/04/10  .......................
Analyze Comments....................   12/30/10  .......................
Stakeholder Meetings................   07/05/11  76 FR 39041
Initiate SBREFA.....................   06/04/14  .......................
Complete SBREFA.....................   12/22/14  .......................
NPRM................................   09/00/23  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Small Entities Affected: Businesses, Governmental Jurisdictions.
    Government Levels Affected: Local, State.
    Federalism: Undetermined.
    Agency Contact: Andrew Levinson, Director, Directorate of Standards 
and Guidance, Department of Labor, Occupational Safety and Health 
Administration, 200 Constitution Avenue NW, FP Building, Room N-3718, 
Washington, DC 20210, Phone: 202 693-1950, Email: 
[email protected].
    RIN: 1218-AC46

DOL--OSHA

Final Rule Stage

144. Occupational Exposure to COVID-19 in Healthcare Settings [1218-
AD36]

    Priority: Economically Significant. Major under 5 U.S.C. 801.
    Legal Authority: Occupational Safety and Health Act of 1970 (Public 
Law 91-596)
    CFR Citation: 29 CFR 1910.501; 29 CFR 1910.502; 29 CFR 1910.504; 29 
CFR 1910.505; 29 CFR 1910.506.
    Legal Deadline: None.
    Abstract: In accordance with President Biden's Executive Order 
13999 on Protecting Worker Health and Safety (January 21st, 2021), OSHA 
issued an emergency temporary standard to address the grave danger of 
COVID-19 in healthcare workplaces. This standard contains provisions 
necessary to ensure the health and safety of workers. The agency 
believes the danger faced by healthcare workers continues to be of the 
highest concern and measures to prevent the spread of COVID-19 are 
still needed to protect them. OSHA announced on December 27, 2021 that 
it intended to continue to work expeditiously to issue a final standard 
that will protect healthcare workers from COVID-19 hazards.

[[Page 11102]]

However, given that OSHA anticipated a final rule could not be 
completed in a timeframe approaching the one contemplated by the OSH 
Act, the agency has stopped enforcing the non-recordkeeping provisions. 
OSHA has continued to work expeditiously to issue a final standard that 
will protect workers from COVID-19.
    Statement of Need: Since the ETS was first issued, there have been 
successive waves of new COVID-19 variants, including the delta and 
omicron variants, as well as numerous subvariants of omicron. New cases 
of COVID-19 peaked at an average of over 800,000 cases a day in 
January, 2022 and from mid-May 2022 to present there has been an 
average of more than 100,000 new COVID-19 cases each day. As the public 
seeks medical care for their infections, healthcare workers continue to 
be exposed to COVID-19 in the course of their employment.
    Summary of Legal Basis: The Occupational Safety and Health Act of 
1970 authorizes the Secretary of Labor to set mandatory occupational 
safety and health standards to assure safe and healthful working 
conditions for working men and women (29 U.S.C. 651).
    Alternatives: One alternative is formally withdrawing the ETS and 
not finalizing it to a permanent standard. If it does issue a permanent 
standard, the agency could also consider expanding the scope so that 
the rule would include many ambulatory care settings that are engaged 
in direct COVID-19 care of patients or include not only maintenance 
activities, but also construction activities at healthcare facilities. 
The agency could also consider altering its regulatory approach by 
allowing more employer flexibility through performance-oriented 
provisions, rather than more prescriptive specifications. Lastly, the 
agency could consider the addition of new provisions, such as new 
requirements related to the control of outbreaks in healthcare 
facilities, or the removal of provisions, such as medical removal 
benefits.
    Anticipated Cost and Benefits: The estimates of costs and benefits 
are still under development.
    Risks: Analysis of risks is still under development.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Interim Final Rule..................   06/21/21  86 FR 32376
Interim Final Rule Effective........   06/21/21  .......................
Interim Final Rule; Correction......   07/14/21  86 FR 37038
Interim Final Rule Comment Period      06/21/21  86 FR 38232
 Extended.
Interim Final Rule Comment Period      08/20/21  .......................
 Extended End.
Final Rule..........................   12/00/22  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Undetermined.
    Government Levels Affected: Federal, Local, State, Tribal.
    Agency Contact: Andrew Levinson, Director, Directorate of Standards 
and Guidance, Department of Labor, Occupational Safety and Health 
Administration, 200 Constitution Avenue NW, FP Building, Room N-3718, 
Washington, DC 20210, Phone: 202-693-1950, Email: 
[email protected].
    RIN: 1218-AD36
BILLING CODE 4510-HL-P

DEPARTMENT OF TRANSPORTATION (DOT)

Introduction: Department Overview

    DOT has statutory responsibility for ensuring the United States has 
the safest and most efficient transportation system in the world. To 
accomplish this goal, DOT regulates safety in the aviation, motor 
carrier, railroad, motor vehicle, commercial space, transit, and 
pipeline transportation areas. The Department also regulates aviation 
consumer and economic issues and provides financial assistance and 
writes the necessary implementing rules for programs involving 
highways, airports, mass transit, the maritime industry, railroads, 
motor transportation and vehicle safety. DOT also has responsibility 
for developing policies that implement a wide range of regulations that 
govern Departmental programs such as acquisition and grants management, 
access for people with disabilities, environmental protection, energy 
conservation, information technology, occupational safety and health, 
property asset management, seismic safety, security, emergency 
response, and the use of aircraft and vehicles. In addition, DOT writes 
regulations to carry out a variety of statutes ranging from the Air 
Carrier Access Act and the Americans with Disabilities Act to Title VI 
of the Civil Rights Act. The Department carries out its 
responsibilities through the Office of the Secretary (OST) and the 
following operating administrations (OAs): Federal Aviation 
Administration (FAA); Federal Highway Administration (FHWA); Federal 
Motor Carrier Safety Administration (FMCSA); Federal Railroad 
Administration (FRA); Federal Transit Administration (FTA); Maritime 
Administration (MARAD); National Highway Traffic Safety Administration 
(NHTSA); Pipeline and Hazardous Materials Safety Administration 
(PHMSA); and Great Lakes St. Lawrence Seaway Development Corporation 
(GLS).

The Department's Regulatory Philosophy and Initiatives

    The U.S. Department of Transportation (Department or DOT) issues 
regulations to make our transportation the safest in the world for the 
benefit of all who use it, grow an inclusive and sustainable economy, 
reduce inequities across our transportation systems and the communities 
they affect, help tackle the climate crisis, and spur research and 
innovation.
    Our focus on making ensuring the United States has the safest and 
most efficient transportation system in the world is as urgent as ever. 
For example, the Department recently finalized a rule to ensure that 
flight attendants are well rested when they perform their safety-
critical duties. After decades of declines in the number of fatalities 
on our roads, the United States has seen a recent increase in 
fatalities among pedestrians, bicyclists, and vehicle occupants that 
must be reversed. Similarly, we must address disparities in how the 
burden of these safety risks fall on different communities.
    The Department is also working to rapidly address the other urgent 
challenges facing our Nation. To help address climate change, in May 
2022, the Department finalized a rulemaking setting more stringent 
vehicle emission limits for vehicle model years 2024-2026 than those 
set by the ``The Safer Affordable Fuel-Efficient (SAFE) Vehicles Rule 
for Model Years 2021-2026 Passenger Cars and Light Trucks,'' 85 FR 
24174 (April 30, 2020) (SAFE II Rule).
    In addition, the Department is working to greatly improve the 
transportation system experience for both users and people whose 
communities are served by or are near the transportation network. To 
that end, The Department is considering the following rulemakings: (1) 
Enhancing Transparency of Airline Ancillary Service Fees; (2) Airline 
Ticket Refunds; and (3) fuel economy standards for passenger cars, 
light-duty trucks, heavy-duty pickup trucks, and vans, as well as fuel 
efficiency standards for medium- and heavy-duty engines and vehicles.

[[Page 11103]]

The Department's Regulatory Priorities

    The regulatory plan laid out below reflects a careful balance that 
emphasizes the Department's priorities in responding to the urgent 
challenges facing our nation.
    Safety. Safety is our North Star. The DOT Regulatory Plan reflects 
this commitment to safety through a balanced regulatory approach 
grounded in reducing transportation-related fatalities and injuries. 
Our goals are to manage safety risks, reverse recent trends negatively 
affecting safety, and build on the successes that have already been 
achieved to make our transportation system safer than it has ever been. 
Innovations should reduce deaths and serious injuries on our Nation's 
transportation network, while committing to the highest standards of 
safety across technologies. For example, the Department is working on 
two rulemakings to require or standardize equipment performance for 
automatic emergency braking on heavy trucks and newly manufactured 
light vehicles.
    Economic Growth. The safe and efficient movement of goods and 
passengers requires us not just to maintain, but to improve our 
national transportation infrastructure. But that cannot happen without 
changes to the way we plan, fund, and approve projects. Accordingly, 
our Regulatory Plan incorporates regulatory actions that increase 
competition and consumer protection, as well as streamline the approval 
process and facilitate more efficient investment in infrastructure, 
which is necessary to maintain global leadership and foster economic 
growth.
    Climate Change. Climate change is one of the most urgent challenges 
facing our nation. The Department has engaged in multiple regulatory 
activities to address this challenge. For example, the Department is 
engaged in rulemakings to measure and reduce emissions from 
transportation projects and improve emissions related to movement of 
natural gas.
    Equity. Ensuring that the transportation system equitably benefits 
underserved communities is a top priority. This work is guided by the 
Departmental and interagency work being done pursuant to Executive 
Order 13985, Advancing Racial Equity and Support for Underserved 
Communities Through the Federal Government. The Department is also 
working on a rulemaking that would make it easier for members of 
underserved communities to apply to and be a part of the Disadvantaged 
Business Enterprise (DBE) and Airport Concession DBE Program. In 
addition, the Department is working on multiple rulemakings to ensure 
access to transportation for people with disabilities. For example, the 
Department is working on: (1) a rulemaking to ensure that people with 
disabilities can access lavatories on single-aisle aircraft; (2) a 
rulemaking to enhance the safety of air travel for individuals with 
disabilities who use wheelchairs; and (3) a rulemaking to ensure that 
disabled persons have equitable access to transit facilities. In the 
rulemaking to enhance air travel safety for wheelchair users, the 
Department is considering, among other things, options to ensure that 
assistance provided to individuals with disabilities be provided in a 
safe manner and that disabled individuals' assistive devices not be 
mishandled.
    The Department is prioritizing its regulatory actions to make sure 
those regulations are providing the highest level of safety while 
responding to the urgent challenges facing our Nation. Since each OA 
has its own area of focus, we summarize the regulatory priorities of 
each below. More information about each of the rules discussed below 
can be found in the DOT Unified Agenda.

Office of the Secretary of Transportation

    OST oversees the regulatory processes for the Department. OST 
implements the Department's regulatory policies and procedures and is 
responsible for ensuring the involvement of senior officials in 
regulatory decision making. Through the Office of the General Counsel, 
OST is also responsible for ensuring that the Department complies with 
the Administrative Procedure Act, Executive Orders 12866 and 13563, 
DOT's Regulatory Policies and Procedures, and other legal and policy 
requirements affecting the Department's rulemaking activities. In 
addition, OST has the lead role in matters concerning aviation consumer 
and economic rules, Title VI of the Civil Rights Act, the Americans 
with Disabilities Act, and rules that affect multiple elements of the 
Department.
    OST provides guidance and training regarding compliance with 
regulatory requirements and processes for personnel throughout the 
Department. OST also plays an instrumental role in the Department's 
efforts to improve our economic analyses; risk assessments; regulatory 
flexibility analyses; other related analyses; retrospective reviews of 
rules; and data quality, including peer reviews. The Office of the 
General Counsel (OGC) is the lead office that works with the Office of 
Management and Budget's (OMB) Office of Information and Regulatory 
Affairs (OIRA) to comply with Executive Order 12866 for significant 
rules, coordinates the Department's response to OMB's intergovernmental 
review of other agencies' significant rulemaking documents, and other 
relevant Administration rulemaking directives. OGC also works closely 
with representatives of other agencies, the White House, and 
congressional staff to provide information on how various proposals 
would affect the ability of the Department to perform its safety, 
infrastructure, and other missions.
    Executive Order 14036 directs the Department to take actions that 
would promote competition and deliver benefits to America's consumers, 
including initiating a rulemaking to ensure that air consumers have 
ancillary fee information, including ``baggage fees,'' ``change fees,'' 
``cancellation fees,'' and fees for seating adjacent to young children 
at the time of ticket purchase. Among a number of steps to further the 
Administration's goals in this area, the Department has initiated a 
rulemaking to enhance consumers' ability to determine the true cost of 
travel, titled ``Enhancing Transparency of Airline Ancillary Service 
Fees.''

Federal Aviation Administration

    FAA is charged with safely and efficiently operating and 
maintaining the most complex aviation system in the world. To enhance 
aviation safety, FAA is finalizing a rulemaking that would require 
certain airport certificate holders to develop, implement, maintain, 
and adhere to a safety management system. FAA also intends to propose 
that rulemaking requiring a safety management system for certain 
aircraft, engine, and propeller manufacturers; certificate holders 
conducting common carriage operations; and persons conducting certain, 
specific types of air tour operations. In addition, FAA will proceed 
with a rulemaking to further advance the integration of unmanned 
aircraft systems into the national airspace system.

Federal Highway Administration

    FHWA carries out the Federal highway program in partnership with 
State and local agencies to meet the Nation's transportation needs. 
FHWA's mission is to improve the quality and performance of our 
Nation's highway system and its intermodal connectors.
    Consistent with this mission, FHWA is scheduled to finalize its 
National Electric Vehicle Infrastructure (NEVI) Formula Program 
regulation as required by the Bipartisan Infrastructure Law (BIL) 
(enacted as the Infrastructure Investment and Jobs Act) (Pub. L. 117-

[[Page 11104]]

58) (Nov. 15, 2021). This regulation would enable States to implement 
federally-funded charging station projects in a standardized fashion 
across a national Electric Vehicle (EV) charging network that can be 
utilized by all EVs regardless of vehicle brand. Such standards would 
provide consumers with reliable expectations for travel in an EV across 
and throughout the United States and support a national workforce 
skilled and trained in EV supply equipment installation and 
maintenance.

Federal Motor Carrier Safety Administration

    The mission of FMCSA is to reduce crashes, injuries, and fatalities 
involving commercial trucks and buses. A strong regulatory program is a 
cornerstone of FMCSA's compliance and enforcement efforts to advance 
this safety mission. In addition to Agency-directed regulations, FMCSA 
develops regulations mandated by Congress, through legislation such as 
the Moving Ahead for Progress in the 21st Century (MAP-21) and the 
Fixing America's Surface Transportation (FAST) Acts. FMCSA regulations 
establish minimum safety standards for motor carriers, commercial 
drivers, commercial motor vehicles, and State agencies receiving 
certain motor carrier safety grants and issuing commercial drivers' 
licenses.
    FMCSA will continue to coordinate efforts on the development of 
autonomous vehicle technologies and review existing regulations to 
identify changes that might be needed to ensure that DOT regulations 
ensure safety and keep pace with innovations. Additionally, in support 
of the National Highway Traffic Safety Administration's (NHTSA) 
automatic emergency braking (AEB) rulemaking for heavy trucks, FMCSA 
will seek information and comment concerning the maintenance and 
operation of AEB by motor carriers.

National Highway Traffic Safety Administration

    NHTSA pursues policies that enable safety; establish light-, 
medium-, and heavy-duty vehicle fuel economy and fuel efficiency 
standards in furtherance of climate and energy conservation; enhance 
equity; and improve mobility in order to save lives, prevent injuries, 
and reduce economic and social costs due to roadway crashes. The 
statutory responsibilities of NHTSA relating to motor vehicles include 
reducing the number, and mitigating the effects, of motor vehicle 
crashes and related fatalities and injuries; providing safety-relevant 
information to aid prospective purchasers of vehicles, child 
restraints, and tires; and improving fuel economy and fuel efficiency 
standards requirements. NHTSA develops safety standards and other 
regulations driven by data and research, including those mandated by 
Congress under the Infrastructure Investment and Jobs Act, Moving Ahead 
for Progress in the 21st Century Act, the Fixing America's Surface 
Transportation Act, and the Energy Independence and Security Act, among 
others. NHTSA's regulatory priorities for Fiscal Year 2023 focus on 
issues related to safety, climate, equity, and vulnerable road users.
    Relative to climate and equity, NHTSA plans to propose a rulemaking 
to address the next phase of Fuel Efficiency and Greenhouse Gas 
Standards for Medium- and Heavy-Duty Engines and Vehicles, pursuant to 
Executive Order 14037. Also pursuant to Executive Order 14037, NHTSA 
plans to propose the next phase of NHTSA's corporate average fuel 
economy (CAFE) standards for passenger cars and light trucks. To 
enhance the safety of vulnerable road users and vehicle occupants, 
NHTSA plans to issue a proposal to require automatic emergency braking 
(AEB) on light vehicles, including Pedestrian AEB. For heavy trucks, 
NHTSA plans to propose a rulemaking to require AEB.

Federal Railroad Administration

    FRA exercises regulatory authority over all areas of railroad 
safety and, where feasible, incorporates flexible performance 
standards. The current FRA regulatory program continues to reflect a 
number of pending proceedings to satisfy mandates resulting from the 
Bipartisan Infrastructure Law (2021), Rail Safety Improvement Act of 
2008 (RSIA08), and the FAST Act. These actions support a safe, high-
performing passenger rail network, protect worker safety, and encourage 
innovation and the adoption of new technology to improve rail safety.

Federal Transit Administration

    The mission of FTA is to improve public transportation for 
America's communities. To further that end, FTA provides financial and 
technical assistance to local public transit systems, including buses, 
subways, light rail, commuter rail, trolleys, and ferries, oversees 
safety measures, and helps develop next-generation technology research. 
FTA's regulatory activities implement the laws that apply to 
recipients' uses of Federal funding and the terms and conditions of FTA 
grant awards.

Maritime Administration

    MARAD administers Federal laws and programs to improve and 
strengthen the maritime transportation system to meet the economic, 
environmental, and security needs of the Nation. To that end, MARAD's 
efforts are focused upon ensuring a strong American presence in the 
domestic and international trades and to expanding maritime 
opportunities for American businesses and workers.
    MARAD's regulatory objectives and priorities reflect the Agency's 
responsibility for ensuring the availability of water transportation 
services for American shippers and consumers and, in times of war or 
national emergency, for the U.S. armed forces.
    For Fiscal Year 2023, MARAD will continue its work increasing the 
efficiency of program operations by updating and clarifying 
implementing rules and program administrative procedures.

Pipeline and Hazardous Materials Safety Administration

    PHMSA has responsibility for rulemaking focused on hazardous 
materials transportation and pipeline safety. In addition, PHMSA 
administers programs under the Federal Water Pollution Control Act, as 
amended by the Oil Pollution Act of 1990.
    In Fiscal Year 2023, PHMSA will focus on the Gas Pipeline Leak 
Detection and Repair rulemaking, which would amend the Pipeline Safety 
Regulations to enhance requirements for detecting and repairing leaks 
on new and existing natural gas distribution, gas transmission, and gas 
gathering pipelines. PHMSA anticipates that the amendments proposed in 
this rulemaking would reduce methane emissions arising from leaks and 
incidents from natural gas pipelines and address environmental justice 
concerns by improving the safety of natural gas pipelines near 
environmental justice communities and mitigating the risks for those 
communities arising from climate change.
    PHMSA will also focus on the Improving the Safety of Transporting 
Liquefied Natural Gas rulemaking.
    This rulemaking action would amend the Hazardous Materials 
Regulations governing transportation of liquefied natural gas (LNG) in 
rail tank cars. This rulemaking action would incorporate the results of 
ongoing research efforts and collaboration with other Department of 
Transportation Operating Administrations and external technical 
experts; respond to a directive in

[[Page 11105]]

Executive Order 13990 for PHMSA to review recent actions that could be 
obstacles to Administration policies promoting public health and 
safety, the environment, and climate change mitigation; and provide an 
opportunity for stakeholders and the public to contribute their 
perspectives on rail transportation of LNG.

DOT--OFFICE OF THE SECRETARY (OST)

Proposed Rule Stage

145. +Enhancing Transparency of Airline Ancillary Service Fees [2105-
AF10]

    Priority: Other Significant.
    Legal Authority: 49 U.S.C. 41712
    CFR Citation: 14 CFR 399.
    Legal Deadline: None.
    Abstract: This rulemaking would amend DOT's aviation consumer 
protection regulations to ensure that consumers have ancillary fee 
information, including ``baggage fees,'' ``change fees,'' 
``cancellation fees,'' and seat fees that impact families traveling 
with children at the time of ticket purchase. This rulemaking would 
also examine whether fees for certain ancillary services should be 
disclosed at the first point in a search process where a fare is 
listed. This rulemaking implements section 5, paragraph (m)(i)(F) of 
Executive Order 14036 on Promoting Competition in the American Economy, 
which directs the Department to better protect consumers and improve 
competition.
    Statement of Need: This rulemaking proposes that consumers have 
ancillary fee information, including ``baggage fees,'' ``change fees,'' 
and ``cancellation fees,'' at the time of ticket purchase.
    Summary of Legal Basis: 49 U.S.C. 41712; 14 CFR part 399, Executive 
Order 14036.
    Alternatives: n/a.
    Anticipated Cost and Benefits: The rule would yield societal 
benefits if it reduced deadweight loss from inaccurate price 
calculations or reduced search costs. Inaccurate price calculations 
lead to over consumption and can distort consumer perceptions in ways 
that confer a competitive advantage to producers who produce a lower-
quality product. While we lack information to estimate benefits, we 
calculated a hypothetical example range using methods from earlier 
rulemakings. At the same time, the rule could lead to crowding out of 
other relevant information for some consumers. The potential effect 
represents an offset to benefits, and it is possible that it equals or 
outweighs the benefits.
    The primary costs of the proposed rule are the costs that carriers 
and ticket agents would incur to share ancillary fee data, modify 
websites, and allow transactability for assigned seats for children 13 
or under. These costs include startup implementation costs as well as 
ongoing costs. Third parties involved in data exchange, such as global 
distribution systems (GDS) and direct-channel companies, would incur 
costs as well despite not being directly regulated by the rule. Because 
these entities are already starting to upgrade systems for market 
reasons, the cost properly associated with the proposed rule is the 
cost of requiring them to upgrade earlier than they would without the 
rule.
    Risks: n/a.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   10/20/22  87 FR 63718
NPRM Comment Period End.............   12/19/22
Final Rule..........................   03/00/24
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Small Entities Affected: No.
    Government Levels Affected: None.
    URL For More Information: www.regulations.gov.
    URL For Public Comments: www.regulations.gov.
    Agency Contact: Blane A. Workie, Assistant General Counsel, 
Department of Transportation, Office of the Secretary, 1200 New Jersey 
Avenue SE, Washington, DC 20590, Phone: 202 366-9342, Fax: 202 366-
7153, Email: [email protected].
    RIN: 2105-AF10

DOT--OST

Final Rule Stage

146. +Accessible Lavatories on Single-Aisle Aircraft: Part II [2105-
AE89]

    Priority: Other Significant. Major under 5 U.S.C. 801.
    Legal Authority: Air Carrier Access Act, 49 U.S.C. 41705
    CFR Citation: 14 CFR 382.
    Legal Deadline: None.
    Abstract: This rulemaking would require that airlines make 
lavatories on new single-aisle aircraft large enough, equivalent to 
that currently found on twin-aisle aircraft, to permit a passenger with 
a disability (with the help of an assistant, if necessary) to approach, 
enter, and maneuver within the aircraft lavatory as necessary to use 
all lavatory facilities and leave by means of the aircraft's on-board 
wheelchair.
    Statement of Need: This rulemaking proposes to improve 
accessibility of lavatories on single-aisle aircraft.
    Summary of Legal Basis: 49 U.S.C. 41705; 14 CFR part 382.
    Alternatives: n/a.
    Anticipated Cost and Benefits: tbd.
    Risks: n/a.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   03/28/22  87 FR 17215
NPRM Comment Period End.............   05/27/22
Final Rule..........................   04/00/23
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Small Entities Affected: No.
    Government Levels Affected: None.
    URL For More Information: www.regulations.gov.
    URL For Public Comments: www.regulations.gov.
    Agency Contact: Blane A. Workie, Assistant General Counsel, 
Department of Transportation, Office of the Secretary, 1200 New Jersey 
Avenue SE, Washington, DC 20590, Phone: 202 366-9342, Fax: 202 366-
7153, Email: [email protected].
    Related RIN: Split from 2105-AE32, Related to 2105-AE88
    RIN: 2105-AE89

DOT--FEDERAL AVIATION ADMINISTRATION (FAA)

Proposed Rule Stage

147. +Safety Management System for Parts 21, 91, 135 and 145 [2120-
AL60]

    Priority: Economically Significant. Major under 5 U.S.C. 801.
    Legal Authority: 49 U.S.C. 106(f); 49 U.S.C. 44701(a)(5)
    CFR Citation: 14 CFR 135; 14 CFR 145; 14 CFR 21; 14 CFR 91.
    Legal Deadline: None.
    Abstract: This rulemaking would apply the requirements of 14 CFR 
part 5, with appropriate modifications. As a result, this rulemaking 
would require persons engaged in the design and production of aircraft, 
engines, or propellers; certificate holders that conduct common 
carriage operations under part 135; persons engaged in maintaining part 
121 aircraft under part 145; and persons conducting certain, specific 
types of air tour operations under part 91 to implement a Safety 
Management System.
    Statement of Need: Recent incidents and accidents have indicated 
the need

[[Page 11106]]

for action to improve safety in the National Airspace System (NAS). In 
addition, recommendations from the National Transportation Safety Board 
(NTSB), mandates in the Aircraft Certification Safety and 
Accountability (ACSA) Act (Pub. L. 116-260, December 27, 2020), 
agreements in International Civil Aviation Organization (ICAO) Annexes 
and Standards and Recommended Practices (SARPs), and recommendations 
from previous Aviation Rulemaking Committees (ARCs) indicate that 
expanded application of SMS is needed. Further, the successful 
implementation of Safety Management Systems (SMS) in part 121 suggests 
the potential benefit to expansion of SMS into other sectors of the 
aviation system. Therefore, the Federal Aviation Administration has 
determined that expanding the application of part 5 is necessary.
    Summary of Legal Basis: The FAA's authority to issue rules on 
aviation safety is found in title 49 of the United States Code 
(U.S.C.). Subtitle I, section 106 describes the authority of the FAA 
Administrator. This rulemaking is promulgated under the authority 
described in 49 U.S.C. 106(f), which establishes the authority of the 
Administrator to promulgate regulations and rules. Subtitle VII, 
Aviation Programs, describes in more detail the scope of the Agency's 
authority. This rulemaking is also promulgated under 49 U.S.C. 
44701(a)(5), 49 U.S.C. 44701(d)(1)(A), 49 U.S.C. 44701(a)(2), 49 U.S.C. 
44707(2), 49 U.S.C. 44702 and 49 U.S.C. 44704. In addition, the Airport 
Certification, Safety, and Accountability Act, (the Act), Public Law 
116-260, division V, title I, sec. 102 (December 27, 2020) requires the 
FAA to initiate a rulemaking to require that manufacturers that hold 
both a type certificate and a production certificate issued pursuant to 
49 U.S.C. 44704 have a safety management system consistent with 
standards and recommended practices established by ICAO. This 
rulemaking is within the scope of the aforementioned authorities 
because it requires certain entities to develop and maintain an SMS to 
improve the safety of their operations. The development and 
implementation of SMS ensures safety in air transportation, 
manufacturing, and maintenance by helping certain entities proactively 
identify and mitigate safety hazards, thereby reducing the possibility 
or recurrence of accidents in air transportation.
    Alternatives: The proposed expansion of the applicability of part 5 
furthers the Administrator's mission of promoting the safe flight of 
civil aircraft in air commerce and reducing or eliminating the 
possibility or recurrence of accidents in air transportation. The FAA 
is currently exploring several alternatives to determine how the 
revised applicability would extend SMS requirements to parts 21, 91, 
135, and 145.
    Anticipated Cost and Benefits: The FAA is in the process of 
determining the costs and benefits associated with the proposed rule.
    Risks: An SMS is a formalized approach to managing safety by 
developing an organization-wide safety policy, developing formal 
methods of identifying hazards, analyzing and mitigating risk, 
developing methods for ensuring continuous safety improvement, and 
creating organization-wide safety promotion strategies. An SMS provides 
an organization's management with a set of decision-making tools that 
can be used to plan, organize, direct, and control its business 
activities in a manner that enhances safety and ensures compliance with 
regulatory standards. Adherence to standard operating procedures, 
proactive identification and mitigation of hazards and risks, and 
effective communications are crucial to continued operational safety. 
The FAA envisions an SMS would provide those covered by the proposed 
rule with an added layer of safety to help reduce the number of 
incidents, and accidents.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   12/00/22
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Small Entities Affected: No.
    Government Levels Affected: None.
    URL For More Information: www.regulations.gov.
    URL For Public Comments: www.regulations.gov.
    Agency Contact: Scott VanBuren, Office of Accident Investigation 
and Prevention, Department of Transportation, Federal Aviation 
Administration, 800 Independence Avenue SW, Washington, DC 20591, 
Phone: 202 494-8417, Email: [email protected].
    RIN: 2120-AL60

DOT--FEDERAL HIGHWAY ADMINISTRATION (FHWA)

Final Rule Stage

148. +National Electric Vehicle Infrastructure Formula Program [2125-
AG10]

    Priority: Other Significant.
    Legal Authority: Infrastructure Investment and Jobs Act, Pub. L. 
117-58 (Nov. 15, 2021), Pa
    CFR Citation: Not Yet Determined.
    Legal Deadline: NPRM, Statutory, May 13, 2022, The BIL requires 
establishment of minimum standards and requirements of the NEVI Formula 
Program within 180 days.
    Abstract: This rulemaking would establish minimum standards and 
requirements for the implementation of the NEVI Formula Program under 
Title 23 of the United States Code, as required by the Infrastructure 
Investment and Jobs Act, Public Law 117-58 (Nov. 15, 2021), Paragraph 
(2) under the Highway Infrastructure Program heading in title VIII of 
division J.
    Statement of Need: The FHWA is directed by Paragraph (2) under the 
Highway Infrastructure Program heading in title VIII of division J of 
the Bipartisan Infrastructure Law (BIL) (enacted as the Infrastructure 
Investment and Jobs Act) (Pub. L. 117-58) (Nov. 15, 2021) to create 
minimum standards and requirements for NEVI-funded projects. As 
outlined in statute, the purpose of the NEVI Formula Program is to 
``provide funding to States to strategically deploy EV charging 
infrastructure and to establish an interconnected network to facilitate 
data collection, access, and reliability.'' This purpose would be 
satisfied by creating a convenient, affordable, reliable, and equitable 
network of chargers throughout the country. Currently, there are no 
national standards for the installation, operation, or maintenance of 
EV charging stations, and wide disparities exists among EV charging 
stations in key components, such as operational practices, payment 
methods, site organization, display of price to charge, speed and power 
of chargers, cybersecurity and resilience of charger components and 
software, and information communicated about the availability and 
functioning of each charging station. The FHWA is directed by section 
11129 of BIL, which amends 23 U.S.C. 109, by adding a requirement that 
EV charging station standards apply to all projects that install EV 
charging infrastructure using funds provided under title 23, United 
States Code. This proposed rule does not conflict with or

[[Page 11107]]

supersede other title 23, United States Code statutory requirements or 
their implementing regulations. This regulation would enable States to 
implement federally-funded charging station projects in a standardized 
fashion across a national EV charging network that can be utilized by 
all EVs regardless of vehicle brand. Such standards would provide 
consumers with reliable expectations for travel in an electric vehicle 
across and throughout the United States and support a national 
workforce skilled and trained in EVSE installation and maintenance.
    Summary of Legal Basis: The FHWA is directed by Paragraph (2) under 
the Highway Infrastructure Program heading in title VIII of division J 
of the Bipartisan Infrastructure Law (BIL) (enacted as the 
Infrastructure Investment and Jobs Act) (Pub. L. 117-58) (Nov. 15, 
2021) to create minimum standards and requirements for NEVI-funded 
projects. The FHWA is directed by Section 11129 of BIL, which amends 23 
U.S.C. 109, by adding a requirement that EV charging station standards 
apply to all projects that install EV charging infrastructure using 
funds provided under title 23, United States Code.
    Alternatives: In the development of its proposal, FHWA considered 
alternatives to its published proposal including recommendations 
received as part of its Request for Information published in the 
Federal Register at 86 FR 67782 on November 29, 2021. Discussion is 
included in the preamble of the NPRM and in the preliminary Regulatory 
Impact Analysis document found at the docket for this rulemaking.
    Anticipated Cost and Benefits: The preliminary Regulatory Impact 
Analysis document provided in the docket for this rulemaking provides a 
national estimate of the costs and benefits to implement this 
rulemaking. All of these minimum requirements are required by BIL. Many 
of the costs and benefits in the proposed rule are difficult to 
quantify, although for some provisions break even analysis and other 
illustrative calculations comparing the costs and benefits of 
alternative requirements have been provided. These illustrative 
calculations and qualitative analyses show that proposed requirements 
have advantages over other possible alternatives when considering costs 
and benefits.
    Risks: None identified.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   06/22/22  87 FR 37262
Final Rule..........................   12/00/22
Final Action Effective..............   01/00/23
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Small Entities Affected: No.
    Government Levels Affected: Undetermined.
    URL For More Information: www.regulations.gov.
    URL For Public Comments: www.regulations.gov.
    Agency Contact: Michael Culp, Department of Transportation, Federal 
Highway Administration, 1200 New Jersey Avenue SE, Washington, DC 
20590, Phone: 202-366-9229, Email: [email protected].
    RIN: 2125-AG10

DOT--NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION (NHTSA)

Proposed Rule Stage

149. +Heavy Vehicle Automatic Emergency Braking [2127-AM36]

    Priority: Economically Significant. Major under 5 U.S.C. 801.
    Legal Authority: 49 U.S.C. 30111; 49 U.S.C. 30115; 49 U.S.C. 30117; 
49 U.S.C. 30166; 49 U.S.C. 322; delegation of authority at 49 CFR 1.95
    CFR Citation: 49 CFR 571.
    Legal Deadline: Final, Statutory, November 15, 2023, Complete 
rulemaking.
    Abstract: Pursuant to a statutory mandate in the Bipartisan 
Infrastructure Law, this notice will seek comments on a proposal to 
require and/or standardize equipment performance for automatic 
emergency braking on heavy trucks. The agency previously published a 
notice (80 FR 62487) on October 16, 2015 granting a petition for 
rulemaking submitted by the Truck Safety Coalition, the Center for Auto 
Safety, Advocates for Highway and Auto Safety, and Road Safe America 
(dated February 19, 2015), to establish a safety standard to require 
automatic forward collision avoidance and mitigation (FCAM) systems on 
certain heavy vehicles. For several years, NHTSA has researched forward 
collision avoidance and mitigation technology on heavy vehicles, 
including forward collision warning and automatic emergency braking 
systems. This rulemaking proposes test procedures for measuring 
performance of these systems.
    Statement of Need: This proposed rule would establish a safety 
standard to require and/or standardize performance of automatic forward 
collision avoidance and mitigation systems on heavy vehicles. NHTSA 
believes there is potential for AEB to improve safety by reducing the 
likelihood of rear-end crashes involving heavy vehicles and the 
severity of crashes. NHTSA is commencing the rulemaking process to 
potentially require new heavy vehicles to be equipped with automatic 
emergency braking systems, or to standardize AEB performance when the 
systems are optionally installed on vehicles.
    Summary of Legal Basis: 49 U.S.C. 322, 30111, 30115, 30117 and 
30166; delegation of authority at 49 CFR 1.95.
    Alternatives: NHTSA will present regulatory alternatives in the 
NPRM.
    Anticipated Cost and Benefits: NHTSA will present preliminary costs 
and benefits in the final rule.
    Risks: The agency believes there are no substantial risks to this 
rulemaking.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   01/00/23
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Small Entities Affected: No.
    Government Levels Affected: None.
    URL For More Information: www.regulations.gov.
    URL For Public Comments: www.regulations.gov.
    Agency Contact: Lori Summers, Chief, Light Duty Vehicle Division, 
Department of Transportation, National Highway Traffic Safety 
Administration, 1200 New Jersey Avenue SE, Washington, DC 20590, Phone: 
202 366-1740, Email: [email protected].
    Related RIN: Related to 2126-AC49
    RIN: 2127-AM36

DOT--NHTSA

150. +Light Vehicle Automatic Emergency Braking (AEB) With Pedestrian 
AEB [2127-AM37]

    Priority: Economically Significant. Major under 5 U.S.C. 801.
    Legal Authority: 49 U.S.C. 30111; 49 U.S.C. 30115; 49 U.S.C. 30117; 
49 U.S.C. 30166; 49 U.S.C. 322; delegation of authority at 49 CFR 1.95
    CFR Citation: 49 CFR 571.
    Legal Deadline: Final, Statutory, November 15, 2023, Complete 
rulemaking.
    Abstract: Pursuant to a statutory mandate in the Bipartisan 
Infrastructure Law, this notice will seek comment on a proposal to 
require and/or standardize performance for Light Vehicle Automatic 
Emergency Braking (AEB),

[[Page 11108]]

including Pedestrian AEB (PAEB), on all newly manufactured light 
vehicles. A vehicle with AEB detects crash imminent situations in which 
the vehicle is moving forward towards another vehicle and/or a 
pedestrian, and automatically applies the brakes to prevent the crash 
from occurring, or to mitigate the severity of the crash. This 
rulemaking would set performance requirements and would specify a test 
procedure under which compliance with those requirements would be 
measured.
    Statement of Need: This proposed rule would reduce rear end 
vehicle-to-vehicle crashes and could reduce motor vehicle impacts with 
pedestrians that often result in death and injury.
    Summary of Legal Basis: 49 U.S.C. 322, 30111, 30115, 30117, 30166; 
delegation of authority at 49 CFR 1.95.
    Alternatives: NHTSA will present regulatory alternatives in the 
NPRM.
    Anticipated Cost and Benefits: NHTSA will present preliminary costs 
and benefits in the NPRM.
    Risks: The agency believes there are no substantial risks to this 
rulemaking.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   12/00/22
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Small Entities Affected: No.
    Government Levels Affected: None.
    URL For More Information: www.regulations.gov.
    URL For Public Comments: www.regulations.gov.
    Agency Contact: Lori Summers, Chief, Light Duty Vehicle Division, 
Department of Transportation, National Highway Traffic Safety 
Administration, 1200 New Jersey Avenue SE, Washington, DC 20590, Phone: 
202 366-1740, Email: [email protected].
    RIN: 2127-AM37

DOT--NHTSA

151. +Fuel Efficiency and Greenhouse Gas Standards for Medium- and 
Heavy-Duty Engines and Vehicles [2127-AM39]

    Priority: Economically Significant. Major under 5 U.S.C. 801.
    Legal Authority: delegation of authority at 49 CFR 1.95
    CFR Citation: 49 CFR 533.
    Legal Deadline: None.
    Abstract: This notice addresses coordination between NHTSA and the 
Environmental Protection Agency related to fuel efficiency and 
greenhouse gas standards for medium and heavy-duty engines and 
vehicles.
    Statement of Need: This action is directed under Executive Order 
14037.
    Summary of Legal Basis: This rulemaking would respond to 
requirements of the Energy Independence and Security Act of 2007 
(EISA).
    Alternatives: NHTSA will present regulatory alternatives in the 
NPRM.
    Anticipated Cost and Benefits: NHTSA will present preliminary costs 
and benefits in the NPRM.
    Risks: The agency believes there are no substantial risks to this 
rulemaking.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   05/00/23
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Small Entities Affected: No.
    Government Levels Affected: None.
    URL For More Information: www.regulations.gov.
    URL For Public Comments: www.regulations.gov.
    Agency Contact: Gregory Powell, Program Analyst, Department of 
Transportation, National Highway Traffic Safety Administration, 1200 
New Jersey Avenue SE, Washington, DC 20590, Phone: 202 366-5206, Email: 
[email protected].
    RIN: 2127-AM39

DOT--NHTSA

152. +Light Vehicle Cafe Standards Beyond MY 2026 [2127-AM55]

    Priority: Economically Significant. Major under 5 U.S.C. 801.
    Legal Authority: delegation of authority at 49 CFR 1.95
    CFR Citation: 49 CFR 533.
    Legal Deadline: None.
    Abstract: In response to Executive Order 14037, this notice 
proposes the next phase of NHTSA's corporate average fuel economy 
(CAFE) standards for passenger cars and light trucks.
    Statement of Need: This action is directed under Executive Order 
14037.
    Summary of Legal Basis: This rulemaking would respond to 
requirements of the Energy Independence and Security Act of 2007 
(EISA), title 1, subtitle A, section 102, as it amends 49 U.S.C. 32902, 
which was signed into law December 19, 2007. The statute requires that 
corporate average fuel economy standards be prescribed separately for 
passenger automobiles and non-passenger automobiles. The law requires 
the standards be set at least 18 months prior to the start of the model 
year.
    Alternatives: NHTSA will present regulatory alternatives in the 
NPRM.
    Anticipated Cost and Benefits: NHTSA will present preliminary costs 
and benefits in the NPRM.
    Risks: The agency believes there are no substantial risks to this 
rulemaking.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   03/00/23
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Small Entities Affected: No.
    Government Levels Affected: None.
    URL For More Information: www.regulations.gov.
    URL For Public Comments: www.regulations.gov.
    Agency Contact: Gregory Powell, Program Analyst, Department of 
Transportation, National Highway Traffic Safety Administration, 1200 
New Jersey Avenue SE, Washington, DC 20590, Phone: 202 366-5206, Email: 
[email protected].
    RIN: 2127-AM55

DOT--FEDERAL RAILROAD ADMINISTRATION (FRA)

Proposed Rule Stage

153. +Train Crew Staffing (Section 610 Review) [2130-AC88]

    Priority: Other Significant.
    Legal Authority: 49 CFR 1.89(a); 49 U.S.C. 20103
    CFR Citation: 49 CFR 218.
    Legal Deadline: None.
    Abstract: This rulemaking would address the potential safety impact 
of one-person train operations, including appropriate measures to 
mitigate an accident's impact and severity, and the patchwork of State 
laws concerning minimum crew staffing requirements. This rulemaking 
would address the issue of minimum requirements for the size of train 
crews, depending on the type of operations.
    Statement of Need: To address the potential safety impact of one-
person train operations, including appropriate measures to mitigate an 
accident's impact and severity, as well as the patchwork of State laws 
concerning minimum crew staffing requirements, FRA is considering a 
final rule that would address the issue of minimum requirements for the 
size of different train crew staffs, depending on the type of 
operation.
    Summary of Legal Basis: 49 U.S.C. 20103; 49 CFR 1.89(a).

[[Page 11109]]

    Alternatives: FRA will analyze regulatory alternatives in the NPRM.
    Anticipated Cost and Benefits: FRA estimated the costs associated 
with special approvals, risk assessments, annual railroad 
responsibilities after receipt of special approval, and Government 
administration. FRA estimated the 10-year costs of the proposed rule to 
be $2.0 million, discounted at 7 percent. The estimated annualized 
costs of the proposed rule are $0.3 million discounted at 7 percent. 
The primary benefit of this rule is to ensure any railroad, seeking to 
operate a train with fewer than two crewmembers identifies, evaluates, 
and addresses, in a comprehensive and standardized manner, safety 
concerns that may arise from such operation. A second crewmember 
performs important safety functions that could be lost when reducing 
crew size below two. The benefits are discussed qualitatively, but not 
quantified for this rule.
    Risks: The NPRM is based off a risk assessment that individual 
railroads will have to perform. The risks should be negatively 
impacted.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   07/28/22  87 FR 45564
NPRM Comment Period End.............   12/21/22
Final Rule..........................   02/00/24
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Small Entities Affected: Businesses.
    Government Levels Affected: Local, State.
    URL For More Information: www.regulations.gov.
    URL For Public Comments: www.regulations.gov.
    Agency Contact: Amanda Maizel, Attorney Adviser, Department of 
Transportation, Federal Railroad Administration, 1200 New Jersey Avenue 
SE, Washington, DC 20590, Phone: 202 493-8014, Email: 
[email protected].
    RIN: 2130-AC88

DOT--PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION (PHMSA)

Final Rule Stage

154. +Pipeline Safety: Class Location Requirements [2137-AF29]

    Priority: Economically Significant. Major under 5 U.S.C. 801.
    Legal Authority: 49 U.S.C. 60101 et seq.
    CFR Citation: 49 CFR 192.
    Legal Deadline: None.
    Abstract: This rulemaking action would address class location 
requirements for natural gas transmission pipelines, specifically as 
they pertain to actions operators are required to take following class 
location changes due to population growth near the pipeline. Operators 
have suggested that performing integrity management measures on 
pipelines where class locations have changed due to population 
increases would be an equally safe but less costly alternative to the 
current requirements of either reducing pressure, pressure testing, or 
replacing pipe.
    Statement of Need: Section 5 of the Pipeline Safety Act of 2011 
required the Secretary of Transportation to evaluate and issue a report 
on whether integrity management (IM) requirements should be expanded 
beyond high-consequence areas and whether such expansion would mitigate 
the need for class location requirements. PHMSA issued a report to 
Congress on its evaluation of this issue in April 2016, noting it would 
further evaluate the feasibility and appropriateness of alternatives to 
address pipe replacement requirements when class locations change due 
to population growth. PHMSA issued an advance notice of proposed 
rulemaking on July 31, 2018, to obtain public comment on whether 
allowing IM measures on pipelines where class locations have changed 
due to population increases would be an equally safe but less costly 
alternative to the current class location change requirements. PHMSA is 
proposing revisions to the Federal Pipeline Safety Regulations to amend 
the requirements for pipelines that experience a change in class 
location. This proposed rule addresses a part of a congressional 
mandate from the Pipeline Safety Act of 2011 and responds to public 
input received as part of the rulemaking process. The amendments in 
this proposed rule would add an alternative set of requirements 
operators could use, based on implementing integrity management 
principles and pipe eligibility criteria, to manage certain pipeline 
segments where the class location has changed from a Class 1 location 
to a Class 3 location. PHMSA intends for this alternative to provide 
equivalent public safety in a more cost-effective manner to the current 
natural gas pipeline safety rules, which require operators to either 
reduce the pressure of the pipeline, pressure test the pipeline segment 
to higher standards, or replace the pipeline segment.
    Summary of Legal Basis: Congress established the current framework 
for regulating the safety of natural gas pipelines in the Natural Gas 
Pipeline Safety Act of 1968 (NGPSA). The NGPSA provided the Secretary 
of Transportation the authority to prescribe minimum Federal safety 
standards for natural gas pipeline facilities. That authority, as 
amended in subsequent reauthorizations, is currently codified in the 
Pipeline Safety Laws (49 U.S.C. 60101 et seq.).
    Alternatives: PHMSA is evaluating and considering additional 
regulatory alternatives to these proposed requirements, including a 
``no action'' alternative.
    Anticipated Cost and Benefits: Preliminary estimated annual cost 
savings are $149 million.
    Risks: The alternative conditions PHMSA is proposing to allow 
operators to manage class location changes through integrity management 
will provide an equivalent level of safety as the existing class 
location change regulations.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
ANPRM...............................   07/31/18  83 FR 36861
ANPRM Comment Period End............   10/01/18
NPRM................................   10/14/20  85 FR 65142
NPRM Comment Period End.............   12/14/20
Final Rule..........................   06/00/23
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Undetermined.
    Government Levels Affected: None.
    URL For More Information: www.regulations.gov.
    URL For Public Comments: www.regulations.gov.
    Agency Contact: Cameron H. Satterthwaite, Transportation 
Regulations Specialist, Department of Transportation, Pipeline and 
Hazardous Materials Safety Administration, 1200 New Jersey Avenue SE, 
Washington, DC 20590, Phone: 202 366-8553, Email: 
[email protected].
    RIN: 2137-AF29
BILLING CODE 4910-9X-P

DEPARTMENT OF THE TREASURY

Statement of Regulatory Priorities

    The primary mission of the Department of the Treasury is to 
maintain a strong economy and create economic and job opportunities by 
promoting the conditions that enable economic growth and stability at 
home and abroad, strengthen national security

[[Page 11110]]

by combatting threats and protecting the integrity of the financial 
system, and manage the U.S. Government's finances and resources 
effectively.
    Consistent with this mission, regulations of the Department and its 
constituent bureaus are promulgated to interpret and implement the laws 
as enacted by Congress and signed by the President. It is the policy of 
the Department to comply with applicable requirements to issue a Notice 
of Proposed Rulemaking and carefully consider public comments before 
adopting a final rule. Also, the Department invites interested parties 
to submit views on rulemaking projects while a proposed rule is being 
developed.
    To the extent permitted by law, it is the policy of the Department 
to adhere to the regulatory philosophy and principles set forth in 
Executive Orders 12866, 13563, and 13609 and to develop regulations 
that maximize aggregate net benefits to society while minimizing the 
economic and paperwork burdens imposed on persons and businesses 
subject to those regulations.

Alcohol and Tobacco Tax and Trade Bureau

    The Alcohol and Tobacco Tax and Trade Bureau (TTB) issues 
regulations to implement and enforce Federal laws relating to alcohol, 
tobacco, firearms, and ammunition excise taxes and certain non-tax laws 
relating to alcohol. TTB's mission and regulations are designed to:
    (1) Collect the taxes on alcohol, tobacco products, firearms, and 
ammunition;
    (2) Protect the consumer by ensuring the integrity of alcohol 
products;
    (3) Ensure only qualified businesses enter the alcohol and tobacco 
industries; and
    (4) Prevent unfair and unlawful market activity for alcohol and 
tobacco products.
    In FY 2023, TTB will continue its multi-year Regulations 
Modernization effort by prioritizing projects that reduce regulatory 
burdens, streamline and simplify requirements, and improve service to 
regulated businesses. These actions include rulemaking on streamlining 
permit and qualification requirements for distilled spirits plants, 
wineries, and breweries, and completing rulemaking to modernize the 
regulations regarding wine labeling and to authorize additional wine 
treating materials and processes. TTB will also prioritize rulemaking 
to implement provisions of the Taxpayer Certainty and Disaster Tax Act 
of 2020, which made permanent most of the Craft Beverage Modernization 
and Tax Reform provisions of the Tax Cuts and Jobs Act of 2017, and 
transferred administration of tax benefits on imported alcohol from 
U.S. Customs and Border Protection (CBP).
    In addition, TTB will also prioritize publishing rulemaking to 
implement recommendations of the Department of the Treasury's February 
2022 report on Competition in the Markets for Beer, Wine, and Spirits, 
which was issued in response to Executive Order 14036, ``Promoting 
Competition in the American Economy.'' These actions focus on 
soliciting public comment on trade practice regulations that prevent 
anticompetitive practices and maintain a ``level playing field'' across 
the alcohol industry, and labeling and advertising regulations that 
would require alcohol beverage labels to include specific, content-
related information on alcohol content, allergens, and other 
ingredients. They also include finalizing rulemaking on proposed new 
approved container sizes (``standards of fill'') for wine and distilled 
spirits.
    The specific projects TTB plans to prioritize in FY23 are described 
below:
     Streamlining and Modernizing the Permit Application 
Process (RINs: 1513-AC46, 1513-AC47, and 1513-AC48, Modernization of 
Permit and Registration Application Requirements for Distilled Spirits 
Plants, Permit Applications for Wineries, and Qualification 
Requirements for Brewers, respectively).
    In FY 2022, TTB proposed regulatory changes to eliminate or 
streamline application and qualification requirements for distilled 
spirits plants and breweries. In FY 2023, TTB intends to publish 
similar proposals for wineries, and to publish final rules to implement 
the changes for distilled spirits plants and breweries. These changes 
are expected to reduce the amount of information industry members must 
submit to TTB in connection with permit and similar applications to 
engage in regulated businesses, and reduce the types of operational 
activities that require prior approval, and overall reduce the 
regulatory burden on both new and existing businesses.
     Modernizing the Alcohol Beverage Labeling and Advertising 
Requirements (RIN: 1513-AC67, Modernization of Wine Labeling and 
Advertising Regulations).
    The Federal Alcohol Administration Act requires that alcohol 
beverages introduced in interstate commerce have a label approved under 
regulations prescribed by the Secretary of the Treasury. TTB conducted 
an analysis of its alcohol beverage labeling regulations to identify 
any that might be outmoded, ineffective, insufficient, or excessively 
burdensome, and to modify, streamline, expand, or repeal them in 
accordance with that analysis. These regulations were also reviewed to 
assess their applicability to the modern alcohol beverage marketplace. 
As a result of this review, in FY 2019, TTB proposed revisions to the 
regulations concerning the labeling requirements for wine, distilled 
spirits, and malt beverages. TTB anticipated that these regulatory 
changes would assist industry in voluntary compliance, decrease 
industry burden, and result in the regulated industries being able to 
bring products to market without undue delay. TTB received over 1,100 
comments in response to the notice, which included suggestions for 
further revisions. In FY 2020, TTB published in the Federal Register 
(85 FR 18704) a final rule amending its regulations to make permanent 
certain of the proposed liberalizing and clarifying changes, and to 
provide certainty with regard to certain other proposals that 
commenters generally opposed and that TTB did not intend to adopt. In 
FY 2022, TTB published in the Federal Register (87 FR 7526) a final 
rule that addressed remaining issues related to the labeling of 
distilled spirits and malt beverages and reorganized those regulations 
to make them easier to read and understand, for which industry members 
expressed support. In FY 2023, TTB intends to complete this 
modernization initiative by publishing a final rule to similarly 
reorganize the wine labeling regulations, address the remaining 
labeling issues related to wine, and finalize the regulations related 
to the advertising of wine, distilled spirits, and malt beverages.
     Implementation of the Craft Beverage Modernization Act 
(RIN: 1513-AC87, Implementing the Craft Beverage Modernization Act 
Permanent Provisions, and RIN: 1513-AC89, Administering the Craft 
Beverage Modernization Act Refund Claims for Imported Alcohol).
    TTB intends to propose to amend its regulations for beer, wine, and 
distilled spirits, including those related to administration of import 
claims, to implement changes made to the Internal Revenue Code by the 
Taxpayer Certainty and Disaster Act of 2020, which made permanent most 
of the Craft Beverage Modernization and Tax Reform (CBMA) provisions of 
the Tax Cuts and Jobs Act of 2017. The CBMA provisions provided reduced 
excise taxes on certain quantities of beer, wine,

[[Page 11111]]

and distilled spirits produced in or imported into the United States. 
The 2020 provisions also transferred responsibility for administering 
certain CBMA provisions for imported alcohol from U.S. Customs and 
Border Protection (CBP) to the Treasury Department after December 31, 
2022. In FY 2022, TTB published a temporary rule (87 FR 58021) 
establishing procedures for foreign producers to assign tax benefits to 
importers, and for importers to receive and apply the tax benefits 
applicable to specified limits of imported alcohol products entered for 
consumption in the United States beginning on January 1, 2023. In a 
concurrent notice of proposed rulemaking (87 FR 58043), TTB solicited 
comments on these amendments. In FY 2023, TTB intends to propose 
amendments to its regulations to address the application of the CBMA 
tax benefits to domestic beer, wine, and distilled spirits that were 
previously provided on a temporary basis, as well as provisions on the 
types of activities that qualify for reduced tax rates for distilled 
spirits and on permissible transfers of bottled distilled spirits in 
bond.
     Authorizing the Use of Additional Wine Treating Materials 
and Soliciting Comments on Proposed Changes to the Limits on the Use of 
Wine Treating Materials to Reflect ``Good Manufacturing Practice'' 
(1513-AC75).
    TTB intends to propose to amend its regulations pertaining to the 
production of wine to authorize additional treatments that may be 
applied to wine and to juice from which wine is made. These proposed 
amendments are in response to requests from wine industry members. 
Although TTB may administratively approve such treatments without 
amending the regulations, administrative approval does not guarantee 
acceptance in foreign markets of any wine so treated. Under certain 
international agreements, authorization of wine treatments through 
public notice facilitates the acceptance of exported wine made using 
those treatments in foreign markets. TTB also intends to propose for 
public comment additional changes to the regulations in response to a 
petition to allow more wine treating materials to be used within the 
limitations of ``good manufacturing practice'' rather than within 
specified numerical limits, thereby providing additional flexibility to 
winemakers.
     Consideration of Updates to Trade Practice Regulations 
(RIN: 1513-AC92).
    TTB is seeking public comment on TTB's trade practice regulations 
related to the Federal Alcohol Administration Act's exclusive outlet, 
tied house, commercial bribery, and consignment sales prohibitions. 
Executive Order 14036 (``Promoting Competition in the American 
Economy''), the Department of the Treasury's related February 2022 
report (``Competition in the Markets for Beer, Wine, and Spirits''), 
and public comments related to that report have raised questions about 
whether these regulations could be improved. TTB is publishing in FY 
2023 an advance notice of proposed rulemaking and then will be 
considering the comments to assist the agency in formulating potential 
proposals to amend the regulations.
     Labeling and Advertising of Alcohol Beverages with Alcohol 
and Nutritional Content, Allergens, and Ingredients (RIN: 1513-AC93, 
Labeling and Advertising of Distilled Spirits, Wines, and Malt 
Beverages With Statements of Alcohol and Nutritional Content; RIN: 
1513-AC94, Major Food Allergen Labeling for Wines, Distilled Spirits, 
and Malt Beverages; and 1513-AC95, Ingredient Labeling of Distilled 
Spirits, Wines, and Malt Beverages).
    TTB intends to request public comment on possible changes to its 
labeling and advertising regulations governing alcohol beverage 
products related to statements of alcohol and nutritional content, 
allergen labeling, and ingredient labeling. The February 2022 report 
issued by the Department of the Treasury (``Competition in the Markets 
for Beer, Wine, and Spirits'') discussed past and potential future 
proposals related to the labeling of alcohol beverage products with 
``serving facts'' information. The report stated that TTB should revive 
or initiate rulemaking proposing mandatory information on alcohol 
content, nutritional content, and appropriate serving sizes for alcohol 
beverage products, as well as ingredient labeling. TTB intends to 
publish two notices of proposed rulemaking (one on alcohol-content and 
nutrition facts, and another on allergens) and an advance notice of 
proposed rulemaking on ingredient-labeling.
     Standards of Fill for Wine and Distilled Spirits (RIN: 
1513-AC86).
    TTB plans to publish a final rule to address its proposal published 
May 25, 2022 (87 FR 31787) to amend the regulations governing wine and 
distilled spirits containers. TTB proposed to add 10 additional 
authorized standards of fill for wine in response to requests it has 
received for such standards, and to be consistent with a Side Letter 
included as part of a U.S.-Japan Trade Agreement that addresses issues 
related to market access and, specifically, to alcohol beverage 
standards of fill. TTB also solicited comments on an alternative 
proposal to eliminate all but a minimum standard of fill for wine 
containers and all but a minimum and maximum for distilled spirits.
     Addition of Singani to the Standards of Identity for 
Distilled Spirits (RIN: 1513-AC61).
    On August 25, 2021, TTB published a proposal (86 FR 47429) to amend 
the regulations that set forth the standards of identity for distilled 
spirits to include Singani as a type of brandy that is a distinctive 
product of Bolivia. This proposal follows a joint petition submitted by 
the Plurinational State of Bolivia and Singani 63, Inc., and subsequent 
discussions with the Office of the United States Trade Representative. 
TTB solicited comments on this proposal, including comments on its 
proposal to authorize a minimum bottling proof of 35 percent alcohol by 
volume (or 70[deg] proof) for Singani. TTB expects to publish a final 
rule in FY23.

Office of the Comptroller of the Currency

    The Office of the Comptroller of the Currency (OCC) charters, 
regulates, and supervises all national banks and Federal savings 
associations (FSAs). The agency also supervises the Federal branches 
and agencies of foreign banks. The OCC's mission is to ensure that 
national banks and FSAs operate in a safe and sound manner, provide 
fair access to financial services, treat customers fairly, and comply 
with applicable laws and regulations.
    Regulatory priorities for fiscal year 2023 are described below.
     Amendments to Bank Secrecy Act Compliance Program Rule (12 
CFR part 21).
    The OCC, the Board of Governors of the Federal Reserve System 
(FRB), and the Federal Deposit Insurance Corporation (FDIC) plan to 
issue a notice of proposed rulemaking amending their respective Bank 
Secrecy Act Compliance Program Rules.
     Basel III Revisions (12 CFR part 3).
    The OCC, the FRB, and the FDIC plan to issue a notice of proposed 
rulemaking that would comprehensively revise the agencies' risk-based 
capital rules, including revisions to the current standardized and 
advanced approaches capital rules.
     Capital Requirements for Market Risk; Fundamental Review 
of the Trading Book (12 CFR part 3).
    The OCC, the FRB, and the FDIC plan to issue a notice of proposed 
rulemaking to revise their respective capital requirements for market 
risk, which are generally applied to banking

[[Page 11112]]

organizations with substantial trading activity. The banking agencies 
expect the proposal to be generally consistent with the standards set 
forth in the Fundamental Review of the Trading Book published by the 
Basel Committee on Bank Supervision.
     Community Reinvestment Act Regulations (12 CFR part 25).
    Along with the Federal Deposit Insurance Agency and the Board of 
Governors of the Federal Reserve, the OCC the OCC is considering 
whether to issue a joint final rule to modernize the Community 
Reinvestment Act regulations. A notice of proposed rulemaking was 
published on June 3, 2022 (87 FR 63884).

Customs Revenue Functions

    The Homeland Security Act of 2002 (the Act) provides that, although 
many functions of the former United States Customs Service were 
transferred to the Department of Homeland Security, the Secretary of 
the Treasury retains sole legal authority over customs revenue 
functions. The Act also authorizes the Secretary of the Treasury to 
delegate any of the retained authority over customs revenue functions 
to the Secretary of Homeland Security. By Treasury Department Order No. 
100-16, the Secretary of the Treasury delegated to the Secretary of 
Homeland Security authority to prescribe regulations pertaining to the 
customs revenue functions subject to certain exceptions, but further 
provided that the Secretary of the Treasury retained the sole authority 
to approve such regulations.
    During fiscal year 2021, CBP and Treasury plan to give priority to 
regulatory matters involving the customs revenue functions which 
streamline CBP procedures, protect the public, or are required by 
either statute or Executive Order. Examples of these efforts are 
described below.
     Investigation of Claims of Evasion of Antidumping and 
Countervailing Duties.
    Treasury and CBP plan to finalize interim regulations (81 FR 56477) 
which amended CBP regulations implementing section 421 of the Trade 
Facilitation and Trade Enforcement Act of 2015, which set forth 
procedures to investigate claims of evasion of antidumping and 
countervailing duty orders.
     Enforcement of Copyrights and the Digital Millennium 
Copyright Act.
    Treasury and CBP plan to finalize proposed amendments to the CBP 
regulations pertaining to importations of merchandise that violate or 
are suspected of violating the copyright laws, including the Digital 
Millennium Copyright Act (DMCA), in accordance with Title III of the 
Trade Facilitation and Trade Enforcement Act of 2015 (TFTEA) and 
Executive Order 13785, ``Establishing Enhanced Collection and 
Enforcement of Anti-dumping and Countervailing Duties and Violations of 
Trade and Customs Laws.'' The proposed amendments are intended to 
enhance CBP's enforcement efforts against increasingly sophisticated 
piratical goods, clarify the definition of piracy, simplify the 
detention process relative to goods suspected of violating the 
copyright laws, and prescribe new regulations enforcing the DMCA.
     Merchandise Produced by Convict or Forced Labor or 
Indentured Labor under Penal Sanctions.
    Treasury and CBP plan to publish a proposed rule to update, 
modernize, and streamline the process for enforcing the prohibition in 
19 U.S.C. 1307 against the importation of merchandise that has been 
mined, produced, or manufactured, wholly or in part, in any foreign 
country by convict labor, forced labor, or indentured labor under penal 
sanctions. The proposed rule would generally bring the forced labor 
regulations and detention procedures into alignment with other 
statutes, regulations, and procedures that apply to the enforcement of 
restrictions against other types of prohibited merchandise.
     Non-Preferential Origin Determinations for Merchandise 
Imported From Canada or Mexico for Implementation of the Agreement 
Between the United States of America, the United Mexican States, and 
Canada (USMCA).
    Treasury and CBP plan to finalize a proposed rule to harmonize non-
preferential origin determinations for merchandise imported from Canada 
or Mexico. Such determinations would be made using certain tariff-based 
rules of origin to determine when a good imported from Canada or Mexico 
has been substantially transformed resulting in an article with a new 
name, character, or use. Once finalized, the rule is intended to reduce 
administrative burdens and inconsistency for non-preferential origin 
determinations for merchandise imported from Canada or Mexico for 
purposes of the implementation of the USMCA.
     Automated Commercial Environment (ACE) Required for 
Electronic Entry/Entry Summary (Cargo Release and Related Entry) 
Filings.
    Treasury and CBP plan to finalize interim regulations (80 FR 61278) 
which amended CBP regulations to name the Automated Commercial 
Environment (ACE) as a CBP-authorized electronic data interchange (EDI) 
system for the processing of electronic entry and entry summary 
filings.
     Elimination of Paper-Based Bond Applications and the 
Automated Processing of Bond Applications.
    Treasury and CBP plan to publish a proposed rule to replace the 
paper-based bond application and approval process with a streamlined 
electronic process. The proposed rule would implement the successful 
National Customs Automation Program (NCAP) test of the electronic bond 
process.

Financial Crimes Enforcement Network

    As administrator of the Bank Secrecy Act (BSA), the Financial 
Crimes Enforcement Network (FinCEN) is responsible for developing and 
implementing regulations that are the core of the Department's anti-
money laundering (AML) and countering the financing of terrorism (CFT) 
efforts. FinCEN's responsibilities and objectives are linked to, and 
flow from, that role. In fulfilling this role, FinCEN seeks to enhance 
U.S. national security by making the financial system increasingly 
resistant to abuse by money launderers, terrorists and their financial 
supporters, and other perpetrators of crime.
    The Secretary of the Treasury, through FinCEN, is authorized by the 
BSA to issue regulations requiring financial institutions to file 
reports and keep records that are highly useful in criminal, tax, or 
regulatory investigations, risk assessments, or proceedings, or 
intelligence or counter-intelligence activities, including analysis, to 
protect against terrorism. The BSA also authorizes FinCEN to require 
that designated financial institutions establish AML/CFT programs and 
compliance procedures. To implement and realize its mission, FinCEN has 
established regulatory objectives and priorities to safeguard the 
financial system from the abuses of financial crime, including 
terrorist financing, proliferation financing, money laundering, and 
other illicit activity.
    These objectives and priorities include: (1) issuing, interpreting, 
and enforcing compliance with regulations implementing the BSA; (2) 
supporting, working with, and as appropriate overseeing compliance 
examination functions delegated by FinCEN to other Federal regulators; 
(3) managing the collection, processing, storage, and dissemination of 
data related to the BSA; (4) maintaining a government-wide access 
service to that same data for authorized users with a range of 
interests; (5) conducting analysis in

[[Page 11113]]

support of policymakers, law enforcement, regulatory and intelligence 
agencies, and (for compliance purposes) the financial sector; and (6) 
coordinating with and collaborating on AML/CFT initiatives with 
domestic law enforcement and intelligence agencies, as well as foreign 
financial intelligence units.
    FinCEN's regulatory priorities for fiscal year 2023 include:
     Beneficial Ownership Information Reporting Requirements.
    On September 30 2022, FinCEN is issued a final rule entitled 
``Beneficial Ownership Information Reporting Requirements'' (BOI 
reporting rule), requiring certain entities to file with FinCEN reports 
that identify two categories of individuals: the beneficial owners of 
the entity, and individuals who have filed an application with 
specified governmental authorities to create the entity or register it 
to do business. These regulations implement Section 6403 of the 
Corporate Transparency Act (CTA), enacted into law as part of the 
National Defense Authorization Act for Fiscal Year 2021 (NDAA), and 
describe who must file a report, what information must be provided, and 
when a report is due. This final rule is the first of three rulemakings 
FinCEN is required to issue pursuant to the CTA. The other two required 
rulemakings which are discussed elsewhere in this regulatory plan are: 
(i) a regulation focused on establishing protocols to protect the 
security and confidentiality of beneficial ownership information (BOI) 
that will be reported to FinCEN, establishing the terms of access by 
authorized recipients to the BOI reported, and the use of FinCEN 
identifiers in making BOI reports; and (ii) revisions to FinCEN's 
customer due diligence (CDD) requirements for financial institutions. 
The final BOI reporting rule is effective January 1, 2024.
     Beneficial Ownership Information Access and Safeguards, 
and Use of FinCEN Identifiers for Entities
    FinCEN intends to issue a Notice of Proposed Rulemaking (NPRM) 
entitled ``Beneficial Ownership Information Access and Safeguards, and 
Use of FinCEN Identifiers for Entities.'' The proposed regulations will 
establish protocols to protect the security and confidentiality of the 
beneficial ownership information (BOI) that will be reported to FinCEN 
pursuant to Section 6403 of the Corporate Transparency Act (CTA), and 
will establish the framework for access by authorized recipients to the 
BOI reported. The proposed regulations will also specify when and how 
reporting companies can use FinCEN identifiers to report the BOI of 
entities. The CTA was enacted into law as part of the National Defense 
Authorization Act for Fiscal Year 2021 (NDAA). This proposed rule is 
the second of three rulemakings FinCEN is required to issue under the 
CTA. With regard to the first required rulemaking, FinCEN issued a 
final rule entitled ``Beneficial Ownership Information Reporting 
Requirements'' (BOI reporting rule). The third required rulemaking will 
revise the customer due diligence (CDD) requirements for financial 
institutions. FinCEN previously issued an Advance Notice of Proposed 
Rulemaking (ANPRM) entitled ``Beneficial Ownership Information 
Reporting Requirements'' on April 5, 2021, that solicited comments on a 
wide range of questions that concerned all three rulemakings. FinCEN 
also previously issued a Notice of Proposed Rulemaking with the same 
title on December 8, 2021 (BOI Reporting NPRM) that addressed only the 
first of the three rulemakings, but the comments FinCEN received 
related to all three subjects. This proposed rule reflects FinCEN's 
consideration of public comments that have been received in response to 
the ANPRM and BOI Reporting NPRM. The proposed rule will also re-issue 
certain provisions of the BOI Reporting NPRM related to the use of 
FinCEN identifiers.
     Section 6314. Updating Whistleblower Incentives and 
Protection.
    FinCEN intends to issue an NPRM relating to Section 6314 of the AML 
Act. Section 6314 of AML Act amends Section 5323 of title 31, United 
States Code. Section 6314 establishes a whistleblower program that 
requires FinCEN to pay an award, under regulations prescribed by FinCEN 
and subject to certain limitations that include availability of 
funding, to eligible whistleblowers who voluntarily provide FinCEN or 
the Department of Justice (DOJ) with original information about a 
violation of the Bank Secrecy Act that leads to the successful 
enforcement of a covered judicial or administrative action, or related 
action, and requires that FinCEN preserve the confidentiality of a 
whistleblower.
    Additionally, section 6314 of the AML Act repeals 31 U.S.C. 5328, 
the previous whistleblower protection provision, and replaces it with a 
new subsection to 31 U.S.C. 5323: subsection (g) ``Protection of 
Whistleblowers.'' The new subsection (g) prohibits retaliation by 
employers against individuals that provide FinCEN or the DOJ with 
information about potential Bank Secrecy Act violations; any individual 
alleging retaliation may seek relief by filing a complaint with the 
Department of Labor.
     Section 6101. Establishment of National Exam and 
Supervision Priorities.
    FinCEN intends to issue a Notice of Proposed Rulemaking (NPRM) as 
part of the establishment of national exam and supervision priorities. 
The proposed rule implements Section 6101(b) of the Anti-Money 
Laundering Act of 2020 (AML Act), enacted into law as part of the 
National Defense Authorization Act for Fiscal Year 2021 (NDAA), that 
requires the Secretary of the Treasury (Secretary) to issue and 
promulgate rules for financial institutions to carry out the 
government-wide anti-money laundering and countering the financing of 
terrorism priorities (AML/CFT Priorities). The proposed rule: (i) 
incorporates a risk assessment requirement for financial institutions; 
(ii) requires financial institutions to incorporate AML/CFT Priorities 
into risk-based programs; and (iii) provides for certain technical 
changes. Once finalized, this proposed rule will affect all financial 
institutions subject to regulations under the Bank Secrecy Act and have 
AML/CFT program obligations.
     Section 6212. Pilot Program on Sharing Information Related 
to Suspicious Activity Reports (SARs) Within a Financial Group.
    FinCEN intends to issue a Final Rule in order to implement Section 
6212 of the AML Act. This section amends the Bank Secrecy Act (31 
U.S.C. 5318(g)) to establish a pilot program that permits financial 
institutions to share suspicious activity report (SAR) information with 
their foreign branches, subsidiaries, and affiliates for the purpose of 
combating illicit finance risks. The section further requires the 
Secretary of the Treasury to issue rules to implement the amendment 
within one year of enactment of the AML Act.
     Real Estate Transaction Reports and Records.
    FinCEN intends to issue an NPRM to address money laundering threats 
in the U.S. real estate sector.
     Clarification of the Requirement to Collect, Retain, and 
Transmit Information on Transactions Involving Convertible Virtual 
Currencies and Digital Assets with Legal Tender Status.
    The Board of Governors of the Federal Reserve System and FinCEN 
(collectively, the ``Agencies'') intend to issue a revised proposal to 
clarify the meaning of ``money'' as used in the rules implementing the 
BSA requiring financial institutions to collect, retain, and transmit 
information on certain

[[Page 11114]]

funds transfers and transmittals of funds. The Agencies intend that the 
revised proposal will ensure that the rules apply to domestic and 
cross-border transactions involving convertible virtual currency, which 
is a medium of exchange (such as cryptocurrency) that either has an 
equivalent value as currency, or acts as a substitute for currency, but 
lacks legal tender status. The Agencies further intend that the revised 
proposal will clarify that these rules apply to domestic and cross-
border transactions involving digital assets that have legal tender 
status.
     Voluntary Information Sharing Among Financial Institutions 
Under Section 314(b) of the USA PATRIOT Act.
    FinCEN is considering issuing this rulemaking to strengthen the 
administration of the regulation implementing the statutory safe harbor 
that allows eligible financial institutions and associations of 
financial institutions to voluntarily share information regarding 
activities that may involve terrorist acts or money laundering.
     Revisions to Customer Due Diligence Requirements for 
Financial Institutions.
    FinCEN intends to issue an NPRM entitled ``Revisions to Customer 
Due Diligence Requirements for Financial Institutions,'' relating to 
Section 6403(d) of the Corporate Transparency Act (CTA). The CTA was 
enacted into law as part of the National Defense Authorization Act for 
Fiscal Year 2021 (NDAA). Section 6403(d) of the CTA requires FinCEN to 
revise its customer due diligence (CDD) requirements for financial 
institutions to account for the changes created by the two other 
rulemakings FinCEN is required to issue pursuant to the CTA. With 
regard to the first required rulemaking, FinCEN issued a final rule 
entitled ``Beneficial Ownership Information Reporting Requirements'' 
(BOI reporting rule). The second required rulemaking relates to access 
by authorized recipients to beneficial ownership information (BOI) that 
will be reported to FinCEN and the use of FinCEN identifiers. FinCEN 
previously issued an ANPRM entitled ``Beneficial Ownership Information 
Reporting Requirements'' on April 5, 2021, that solicited comments on a 
wide range of questions that concerned all three rulemakings. FinCEN 
also previously issued a Notice of Proposed Rulemaking with the same 
title on December 8, 2021 (BOI Reporting NPRM) that addressed only the 
first of the three rulemakings, but the comments FinCEN received 
related to all three subjects. The proposed rule reflects FinCEN's 
consideration of public comments that have been received in response to 
the ANPRM and BOI Reporting NPRM. The CTA requires that the revisions 
to the CDD requirements be finalized within one year after the 
effective date of the BOI reporting rule.
     Section 6110. BSA Application to Dealers in Antiquities 
and Assessment of BSA Application to Dealers in Arts.
    FinCEN intends to issue a Notice of Proposed Rulemaking (NPRM) to 
implement Section 6110 of the Anti-Money Laundering Act of 2020 (the 
AML Act). This section amends the Bank Secrecy Act (31 U.S.C. 
5312(a)(2)) to include as a financial institution a person engaged in 
the trade of antiquities, including an advisor, consultant, or any 
other person who engages as a business in the solicitation or the sale 
of antiquities, subject to regulations prescribed by the Secretary of 
the Treasury. The section further requires the Secretary of the 
Treasury to issue proposed rules to implement the amendment within 360 
days of enactment of the AML Act.
     Section 6305. No Action Letter Program.
    FinCEN intends to issue an NPRM following the implementation of 
Section 6305 of the AML Act. This section requires FinCEN to conduct an 
assessment on whether to issue no-action letters in response to 
specific conduct requests from third parties, and propose rulemaking if 
appropriate. The assessment concluded that FinCEN should issue no-
action letters, subject to sufficient resources, and proposed 
rulemaking to follow the issuance of the report. FinCEN issued an 
Advance Notice of Proposal Rulemaking (ANPRM) on June 6, 2022 with a 60 
day comment period closing on August 5, 2022. The ANPRM solicited 
public comment on questions pertinent to the implementation of a no-
action letter process at FinCEN. Given that the addition of a no-action 
letter process at FinCEN may impact or overlap with other forms of 
regulatory guidance and relief that FinCEN already offers, including 
exceptive or exemptive relief and administrative rulings, the ANPRM 
also sought public input on whether this process should be implemented 
and, if so, how a no-action letter process should interact with these 
other tools. FinCEN is reviewing the comments submitted in response to 
the ANPRM and considering the structure and timing of the issuance of 
the NPRM.
     Requirements for Certain Transactions Involving 
Convertible Virtual Currency or Digital Assets.
    FinCEN is amending the regulations implementing the BSA to require 
banks and money service businesses (MSBs) to submit reports, keep 
records, and verify the identity of customers in relation to 
transactions involving convertible virtual currency (CVC) or digital 
assets with legal tender status (``legal tender digital assets'' or 
``LTDA'') held in unhosted wallets, or held in wallets hosted in a 
jurisdiction identified by FinCEN.
     Amendment to the Bank Secrecy Act Regulations--Reports of 
Foreign Bank and Financial Accounts.
    FinCEN is amending the regulations implementing the BSA regarding 
reports of foreign bank and financial accounts (FBARs). The proposed 
changes are intended to clarify which persons will be required to file 
reports of foreign financial accounts and what information is 
reportable. The proposed changes are intended to amend two provisions 
of the FBAR regulation: (1) signature or other authority; and (2) 
special rules. Treasury is considering whether the relevant statutory 
objectives can be achieved at a lower cost.
     Amendments to the Definitions of Broker or Dealer in 
Securities (Crowdfunding).
    FinCEN is finalizing amendments to the regulatory definitions of 
``broker or dealer in securities'' under the regulations implementing 
the BSA. The changes are intended to expand the current scope of the 
definitions to include funding portals. In addition, these amendments 
would require funding portals to implement policies and procedures 
reasonably designed to achieve compliance with all of the BSA 
requirements that are currently applicable to brokers or dealers in 
securities. The rule to require these organizations to comply with the 
BSA regulations is intended to help prevent money laundering, terrorist 
financing, and other financial crimes.
     Withdraw Obsolete Civil Money Penalty Provisions for BSA 
Violations. (Technical Change)
    FinCEN is amending 31 CFR 1010.820 to withdraw the civil money 
penalty provisions for BSA violations that are obsolete. Statutory 
amendments have been made to specific civil BSA penalties since the 
regulation was last revised. In addition, the Federal Civil Penalties 
Inflation Adjustment Act of 1990 as amended, 28 U.S.C. 2461 note, 
requires agencies to issue regulations making annual adjustments 
reflecting the effect of inflation for civil penalties expressed in 
terms of a dollar amount. Those inflation adjustments are correctly 
captured in a separate regulation, and therefore the obsolete

[[Page 11115]]

and inconsistent provisions will be withdrawn.
     Other Requirements.
    FinCEN also will continue to issue proposed and final rules 
pursuant to section 311 of the USA PATRIOT Act, as appropriate. 
Finally, FinCEN expects that it may propose various technical and other 
regulatory amendments in conjunction with ongoing efforts with respect 
to a comprehensive review of existing regulations to enhance regulatory 
efficiency required by Section 6216 of the AML Act.

Bureau of the Fiscal Service

    The Bureau of the Fiscal Service (Fiscal Service) administers 
regulations pertaining to the Government's financial activities, 
including: (1) implementing Treasury's borrowing authority, including 
regulating the sale and issue of Treasury securities; (2) administering 
Government revenue and debt collection; (3) administering government-
wide accounting programs; (4) managing certain Federal investments; (5) 
disbursing the majority of Government electronic and check payments; 
(6) assisting Federal agencies in reducing the number of improper 
payments; and (7) providing administrative and operational support to 
Federal agencies through franchise shared services.
    During fiscal year 2023, Fiscal Service will accord priority to the 
following regulatory projects:
     Revision of the Federal Claims Collection Standards
    Fiscal Service is proposing to amend the Federal Claims Collections 
Standards (FCCS), codified in 31 CFR parts 900-904, which is jointly 
administered by Treasury and the Department of Justice. The FCCS set 
standards for administrative collection, compromise, and suspension or 
termination of collection activity for federal nontax debts. They also 
set standards for referring federal nontax debts to DOJ for litigation. 
The proposed amendments, which have been jointly prepared by Treasury 
and DOJ, include revisions for equity and updates to conform to 
developments since the last publication of the regulations in 2000.
     Regulations Governing Securities Held in Treasury 
Electronic Book-Entry Systems
    Fiscal Service is amending its regulations to include the governing 
of securities held in Treasury Electronic Book-Entry Systems, to be 
found at 31 CFR part 364. These regulations will inform customers of 
their rights with regard to marketable Treasury securities held in any 
system developed by Treasury after the effective date of these 
regulations. Fiscal Service intends to revise these regulations in the 
future to include the governing of United States Savings Bonds within 
these systems.

Internal Revenue Service

    The Internal Revenue Service (IRS), working with Treasury's Office 
of Tax Policy, promulgates regulations that interpret and implement the 
Internal Revenue Code (Code), and other internal revenue laws of the 
United States. The purpose of these regulations is to carry out the tax 
policy determined by Congress in a fair, impartial, and reasonable 
manner, taking into account the intent of Congress, the realities of 
relevant transactions, the need for the Government to administer the 
rules and monitor compliance, and the overall integrity of the Federal 
tax system. The goal is to make the regulations practical and as clear 
and simple as possible, which reduces the burdens on taxpayers and the 
IRS.
    During fiscal year 2023, the priority of the IRS and the Office of 
Tax Policy is to provide guidance regarding implementation of key 
provisions of several public laws, including Public Law 117-169, known 
as the Inflation Reduction Act, the Infrastructure Investment and Jobs 
Act, Public Law 117-58, the American Rescue Plan Act of 2021, Public 
Law 117-2, the Taxpayer First Act, Public Law 116-25, the Coronavirus 
Aid, Relief, and Economic Security Act (CARES Act), Public Law 116-136, 
and the Setting Every Community Up for Retirement Enhancement Act of 
2019 (SECURE Act), enacted as Division O of the Further Consolidated 
Appropriations Act, 2020, Public Law 116-94. Treasury and the IRS 
intend to issue guidance, including NPRMs and TDs, with regard to the 
following key provisions of the Code:
     The energy efficient home improvement credit under Sec.  
25C of the Code.
     The residential clean energy credit under Sec.  25D of the 
Code.
     The credit for alternative fuel refueling property under 
Sec.  30C of the Code.
     The consumer vehicle credits under Sec. Sec.  25 and 30D 
of the Code.
     The credit for sustainable aviation fuel under Sec.  40B 
of the Code.
     The extension and modification of the production tax 
credit (PTC) for producing electricity from certain renewable resources 
under Sec.  45 of the Code.
     The prevailing wage rate and apprenticeship requirements 
in Sec.  45(b) as applicable for purposes of Sec. Sec.  30C, 45, 45L, 
45Q, 45U, 45V, 45Y, 48, 48C, 48E, and 179D of the Code.
     The domestic content enhancements for purposes of 
Sec. Sec.  45, 45Y, 48, 48E.The energy community enhancements for 
purposes of Sec. Sec.  45, 45Y, 48, 48E.
     The new energy efficient home credit under Sec.  45L of 
the Code.The extension and modification of the credit for carbon oxide 
sequestration under Sec.  45Q of the Code.The zero-emission nuclear 
power PTC under Sec.  45U of the Code.
     The clean hydrogen PTC under Sec.  45V of the Code.
     The credit for qualified commercial clean vehicles under 
Sec.  45W of the Code.The advanced manufacturing PTC under Sec.  45X of 
the Code.
     The clean electricity PTC under Sec.  45Y of the Code.
     The clean fuels production credit under Sec.  45Z of the 
Code.
     The extension and modification of the investment tax 
credit (ITC) for energy property under Sec.  48 of the Code.
     The allocation of amounts of environmental justice solar 
and wind capacity limitation to qualified solar and wind facilities 
under Sec.  48(e) of the Code.
     The qualifying advanced energy project credit under Sec.  
48C of the Code. The advanced manufacturing ITC under Sec.  48D of the 
Code as enacted by the CHIPS Act of 2022.The clean electricity ITC 
under Sec.  48E of the Code.The corporate alternative minimum tax under 
Sec. Sec.  53, 55, 56, and 56A of the Code.
     The energy efficient commercial buildings deduction under 
Sec.  179D of the Code.
     The excise tax on the repurchase of corporate stock under 
Sec.  4501 of the Code.
     The elective payment and transfer of credits for energy 
property & electricity produced from certain renewable resources under 
Sec. Sec.  6417 and 6418 of the Code.
    Consistent with the Administration's goals of equity and fairness 
in tax administration, using new funding provided by the Inflation 
Reduction Act, the IRS will seek to reduce burdens for taxpayers.
    Underpayments by tax evaders shift burdens onto honest, hard-
working Americans who follow the law as well as onto future 
generations. The new funding will be used to help ensure that everyone 
pays their fair share. Pursuant to the Inflation Reduction Act, 
billions of dollars will go toward substantial service improvements for 
taxpayers as they interact with the IRS. The IRS will improve customer 
service, answer more

[[Page 11116]]

calls, process returns and refunds faster, update computer systems, and 
simplify tax filing. The IRS will also expand the customer callback 
capability, which gives taxpayers an alternative to waiting on hold. 
This reduces burden and frustration for taxpayers.
    The IRS will also transition to digital platforms, with better data 
tools to make more filings and processes available electronically, 
reduces audits and retires paper-based processes. IRS employees still 
need to manually transcribe millions of paper returns. Taxpayers can 
still choose to use paper, however, in this coming filing season, the 
IRS will automate the scanning of millions of individual paper returns 
into a digital copy. For taxpayers, this means faster processing and, 
ultimately, faster refunds for paper filers.
    The IRS will expand the use of issue resolution tools so that 
taxpayers can access their own online account and get the information 
they need without the need of an IRS assistor. The new IRS Online 
Account features will make it easier to communicate with the IRS where 
most issues can be resolved online. Currently, when taxpayers receive a 
notice from the IRS, they generally need to respond via mail. The IRS 
is improving this, and during the 2023 filing season, millions of 
taxpayers will be able to receive and respond to notices online.
    Every year, Treasury and the IRS identify guidance projects that 
are priorities for allocation of the resources during the year in the 
Priority Guidance Plan (PGP) (available on irs.gov and 
regulations.gov). The plan represents projects that Treasury and the 
IRS intend to actively work on during the plan year. See, for example, 
the 2021-2022 Priority Guidance Plan (September 9, 2021). To facilitate 
and encourage suggestions, Treasury and the IRS have developed an 
annual process for soliciting public input for guidance projects. The 
annual solicitation is done through the issuance of a notice inviting 
recommendations from the public for items to be included on the PGP for 
the upcoming plan year. See, for example, Notice 2022-21 (May 16, 
2022). We also invite the public to provide us with their comments and 
suggestions for guidance projects throughout the year.
BILLING CODE 4810-25-P

DEPARTMENT OF VETERANS AFFAIRS (VA)

Statement of Regulatory Priorities

    The Department of Veterans Affairs (VA) administers services and 
benefit programs that serve to honor our sacred obligation to those who 
served this Nation. VA's regulatory responsibility is almost solely 
confined to carrying out mandates of the laws enacted by Congress 
relating to programs for veterans and their families. VA's major 
regulatory objective is to implement these laws with fairness, justice, 
and efficiency.
    Most of the regulations issued by VA involve at least one of three 
VA components: The Veterans Benefits Administration, the Veterans 
Health Administration, and the National Cemetery Administration. The 
primary mission of the Veterans Benefits Administration is to provide 
high-quality and timely nonmedical benefits to eligible veterans and 
their dependents. The primary mission of the Veterans Health 
Administration is to provide high-quality health care on a timely basis 
to eligible veterans through its system of medical centers, nursing 
homes, domiciliaries, and outpatient medical and dental facilities. The 
primary mission of the National Cemetery Administration is to honor the 
legacy of eligible veterans, members of the Reserve components, and 
their dependents through burial in VA National Cemeteries and to 
maintain those cemeteries as national shrines in perpetuity as a final 
tribute of a grateful Nation to commemorate their service and sacrifice 
to our Nation.
    VA's regulatory priority plan consists of twelve (12) high priority 
regulations that serve to facilitate the President's and Secretary's 
priorities for supporting veterans and improving VA programs and 
policies. These priorities include addressing the harmful effects 
associate with toxic exposure during military service, ending Veteran 
homelessness, reducing Veteran suicide, addressing the safety and well-
being of veterans, caregivers, and VA clinical staff as the 
circumstances regarding COVID-19 continue to evolve, and promoting 
equity amongst underserved, vulnerable, and marginalized communities 
and veteran populations. VA is prioritizing these key Administration 
priorities by developing a structured plan as well as increasing 
resources to implement the provisions of these regulations and publish 
them as quickly as possible.
    Additionally, the goal of VA's structured plan effectively 
implements statutory responsibilities, including those authorized 
through the [insert full name of PACT, and cite Pub. L.], by providing 
a ``One-VA'' experience for all Veterans, family members, survivors, 
and caregivers to proactively receive timely benefits, services, and 
high-quality health care through an empowered and engaged workforce. 
This process highlights VA priorities, promotes planning and 
coordination, and encourages public participation in the regulatory 
process.
    These priority regulations are listed below in order of 
chronological RIN assignment, not by priority.

 RIN 2900-AQ30 Final Rule--Modifying Copayments for Veterans at 
High Risk for Suicide

    VA amends its medical regulations that govern copayments for 
outpatient medical care and medications by effectively eliminating the 
copayment for outpatient care and reducing the copayment for 
medications dispensed to veterans identified as being at high risk for 
suicide. These amendments are in accordance with the President's 
priorities of reducing suicide.

 RIN 2900-AQ96 Final Rule--Home Visits in Family Caregivers 
During COVID-19 National Emergency

    VA is revising its regulations that govern VA's Program of 
Comprehensive Assistance for Family Caregivers (PCAFC) to relax the 
requirement for in-person home visits during the National Emergency 
related to Coronavirus Disease-2019 (COVID-19 and to ensure the safety 
and well-being of veterans, caregivers, and VA clinical staff as the 
circumstances regarding COVID-19 continue to evolve.

 RIN 2900-AR10 Proposed Rule--Updating VA Adjudication 
Regulations for Disability or Death Benefit Claims Related to Exposure 
to Certain Herbicide Agents

    The Department of Veterans Affairs (VA) proposes to amend its 
adjudication regulations relating to exposure to herbicides, such as 
Agent Orange, in order to incorporate the provisions of the Blue Water 
Navy Vietnam Veterans Act of 2019 (the BWN Act). This proposed rule 
would extend the presumed area of exposure to the offshore waters of 
the Republic of Vietnam and expand the date ranges for presumption of 
exposure in the Republic of Vietnam and Korea. This rule would also 
clarify the definition of a Nehmer class member and establish 
entitlement to spina bifida benefits for children of certain veterans 
who served in Thailand. On the basis of VA's general rulemaking 
authority, VA also proposes to establish a presumption of herbicide 
exposure for certain veterans who served in Thailand and also proposes 
to codify longstanding procedures for searching for payees entitled to 
Nehmer class action

[[Page 11117]]

settlement payments. Lastly, this proposed rule incorporates the 
provisions contained in VA's RIN 2900-AR45, titled, Diseases Associated 
with Exposure to Certain Herbicide Agents (Bladder Cancer, 
Parkinsonism, and Hypothyroidism)'' as a result of VA withdrawing RIN 
2900-AR45 from the Fall 2022 Unified Agenda. The proposed amendments in 
this regulation are in accordance with the President's priorities to 
address military toxic exposures.

 RIN 2900-AR16 Final Rule--Staff Sergeant Parker Gordon Fox 
Suicide Prevention Grant Program

    The Department of Veterans Affairs (VA) amends it's regulations to 
reduce veteran suicide through a three-year community-based grant 
program to award grants to eligible entities to provide or coordinate 
the provision of suicide prevention services to eligible individuals 
and their families. This rulemaking specifies grant eligibility 
criteria, application requirements, scoring criteria, constraints on 
the allocation and use of the funds, and other requirements necessary 
to implement this grant program. These amendments are in accordance 
with the President's priorities of reducing suicide.

 RIN 2900-AR48 Interim Final Rule--Copayment Exemption for 
Indian Veterans

    The Department of Veterans Affairs (VA) is amending its medical 
regulations to implement a statute exempting Indian veterans from 
copayment requirements for the receipt of hospital care or medical 
services under laws administered by VA. These amendments are in 
accordance with the President's priorities by advancing equity and 
support to underserved, vulnerable and marginalized communities.

 RIN 2900-AR60 Proposed Rule--Pilot Veterans Services 
Organization Complementary and Integrative Health Self-Care Well-Being 
Center Grant

    The Department of Veterans Affairs is proposing regulations to 
implement legislation authorizing VA to conduct a new, two-year grant 
program to fund eligible veterans services organizations (VSOs) to 
upgrade their community facilities, through construction or repair, to 
serve as complementary and integrative health self-care well-being (CIH 
W-B) centers to promote and expand CIH W-B programs. These regulations 
would specify grant eligibility criteria, the number of grants 
available, their maximum amount, constraints on the allocation and use 
of the funds, and other requirements necessary to implement this pilot 
grant program. These proposed amendments are in accordance with the 
President's priorities by advancing equity and support to underserved, 
vulnerable and marginalized communities.

 RIN 2900-AR69 Proposed Rule--Expanded Burial Benefits Under 
Public Law 116-315

    The Department of Veterans Affairs (VA) proposes to amend its 
adjudication regulations pertaining to burial benefits. Amendments 
include expanding reimbursement of transportation expenses to include 
covered Veterans' cemeteries, a single payment rate for non-service-
connected burial allowances regardless of the location of a qualifying 
Veteran's death, and extending the VA Plot or Interment Allowance to a 
tribal organization for interment of an eligible Veteran on trust land 
owned by, or held in trust for, a tribal organization. As amended, the 
regulations will conform to statutory changes enacted by sections 2201 
and 2202 of the Johnny Isakson and David P. Roe, M.D. Veterans Health 
Care and Benefits Improvement Act of 2020 and Division CC of the Burial 
Equity for Guards and Reserves Act of the Consolidated Appropriations 
Act, 2022. The changes expand reimbursement of transportation expenses 
to include covered Veterans' cemeteries and provide a single payment 
rate for non-service-connected burial allowances regardless of the 
location of a qualifying Veteran's death and will coincide with the 
effective date for the amendments to the United States Code (January 5, 
2023), which is the date that is two years after the date of enactment 
of the Public Law. Furthermore, the changes extending the VA Plot or 
Interment Allowance to a tribal organization for interment of eligible 
Veterans on trust land owned by, or held in trust for, a tribal 
organization will coincide with the effective date for the amendments 
to the United States Code (March 15, 2022), which is the date of the 
enactment of the Public Law. These proposed amendments are in 
accordance with the President's priorities by advancing equity and 
support to underserved, vulnerable and marginalized communities.

 RIN 2900-AR73 Final Rule--Technical Revisions To Expand Health 
Care for Certain Toxic Exposure and Overseas Contingency Service

    The Department of Veterans Affairs (VA) is issuing this rule to 
amend its medical regulations governing eligibility for VA health care 
and copayment requirements to conform to recent statutory changes made 
by section 103 of the Sergeant First Class Heath Robinson Honoring our 
Promise to Address Comprehensive Toxics Act of 2022, Public Law 117-168 
(PACT Act). VA is changing its medical benefits enrollment criteria to 
include toxic-exposed veterans and veterans who supported certain 
overseas contingency operations, to exempt such veterans from 
copayments for certain care, and to provide per diem for nursing home 
care for such veterans. The amendments in this regulation are in 
accordance with the President's priorities to address toxic exposure.

 RIN 2900-AR74 Final Rule--Procedural Updates for the PACT Act

    The Department of Veterans Affairs (VA) is issuing this final rule 
to amend its adjudication regulations to add additional presumptive 
exposure locations for radiation, as indicated in the Sergeant First 
Class Heath Robinson Honoring our Promise to Address Comprehensive 
Toxics Act of 2022. The intended effect of this amendment is to ease 
the evidentiary burden of this population of Veterans who file claims 
with VA based on radiation exposure in these locations. The amendments 
in this regulation are in accordance with the President's priorities to 
address toxic exposure.

 RIN 2900-AR75 Proposed Rule--Updating VA Adjudication 
Regulations for Disability or Death Benefits Based on Toxic Exposure

    The Department of Veterans Affairs is proposing to amend its 
adjudication regulations to implement provisions of the Sergeant First 
Class Heath Robinson Honoring our Promise to Address Comprehensive 
Toxics Act of 2022, Public Law 117-168 (PACT Act). The statute amended 
procedures applicable to claims based on toxic exposure and modified or 
established presumptions of service connection related to toxic 
exposure. Pursuant to the Act, VA is proposing to remove the 
manifestation period requirement and the minimum compensable evaluation 
requirement from Gulf War claims based on undiagnosed illness and 
medically unexplained chronic multisymptom illnesses. VA is also 
proposing to expand the definition of a Persian Gulf Veteran and update 
the list of locations eligible for a presumption of exposure to toxic 
substances, chemicals, or hazards based on Gulf War service. To 
implement additional provisions of the Act, VA is also proposing to 
codify the procedure for determining when

[[Page 11118]]

examinations and medical nexus opinions are required for claims based 
on toxic exposure. The proposed amendments in this regulation are in 
accordance with the President's priorities to address toxic exposure.

 RIN 2900-AR76 Proposed Rule--Reevaluation of Claims for 
Dependency and Indemnity Compensation Based on Public Law 117-168

    The Department of Veterans Affairs (VA) proposes to amend its 
adjudication regulations concerning certain awards of Dependency and 
Indemnity Compensation (DIC). Relevant claimants will be eligible to 
elect a reevaluation of certain previously denied DIC determinations 
pursuant to changes that establish or modify a presumption of service-
connection. Any award following reevaluation may be made retroactive to 
the date of a previously denied claim as if the establishment or 
modification of the presumption of service-connection had been in 
effect on the date of the submission of the original claim. With 
respect to new or initial awards of DIC pending before VA on or after 
August 10, 2022, VA proposes to utilize the most advantageous effective 
date amongst 38 CFR 3.114 and 3.400, to potentially grant an award 
earlier than August 10, 2022, if applicable. Lastly, as the PACT Act is 
silent with respect to changes in the accrued or substitution process 
as it relates to the reevaluation of DIC claims, VA proposes utilizing 
the regular processes regarding accrued and substitution benefits 
contained in 38 U.S.C. 5121 and 5121A. The amendments within this 
proposed rulemaking incorporate legislative updates enacted by the 
Sergeant First Class Heath Robinson Honoring our Promise to Address 
Comprehensive Toxics Act of 2022, or the Honoring our PACT Act of 2022 
(Pub. L. 117-168) (PACT Act) and will bring federal regulations into 
conformance with the statutory changes. The proposed amendments in this 
regulation are in accordance with the President's priorities to address 
toxic exposure.

 RIN 2900-AR77 Proposed Rule--Authorization of Electronic 
Notice in Claims Under Laws Administered by the Secretary of Veterans 
Affairs

    The Department of Veterans Affairs is proposing to amend its 
adjudication regulations to implement provisions of the Sergeant First 
Class Heath Robinson Honoring our Promise to Address Comprehensive 
Toxics Act of 2022, Public Law 117-168 (PACT Act). VA is proposing how 
to obtain a claimant's election to opt-in to receive electronic 
notifications, how to revoke this option, and how electronic 
notification will be administered to eligible claimants. (Compensation, 
Pension, Insurance, Fiduciary, Veteran Readiness & Employment, Loan 
Guaranty, and Education). The proposed amendments in this regulation 
are in accordance with the President's priorities to address toxic 
exposure.

VA

Proposed Rule Stage

155. Updating VA Adjudication Regulations for Disability or Death 
Benefit Claims Related to Herbicide Exposure [2900-AR10]

    Priority: Economically Significant. Major under 5 U.S.C. 801.
    Legal Authority: 38 U.S.C. 1116; 38 U.S.C. 1116A; 38 U.S.C. 1116B; 
38 U.S.C. 1821; 38 U.S.C. 1822
    CFR Citation: 38 CFR 3.30; 38 CFR 3.309; 38 CFR 3.105; 38 CFR 
3.114; 38 CFR 3.313; 38 CFR 3.81.
    Legal Deadline: None.
    Abstract: The Department of Veterans Affairs (VA) proposes to amend 
its adjudication regulations relating to exposure to herbicides, such 
as Agent Orange, in order to incorporate the provisions of the Blue 
Water Navy Vietnam Veterans Act of 2019 (the BWN Act). This proposed 
rule would extend the presumed area of exposure to the offshore waters 
of the Republic of Vietnam and expand the date ranges for presumption 
of exposure in the Republic of Vietnam and Korea. This rule would also 
clarify the definition of a Nehmer class member and establish 
entitlement to spina bifida benefits for children of certain veterans 
who served in Thailand. On the basis of VA's general rulemaking 
authority, VA also proposes to establish a presumption of herbicide 
exposure for certain veterans who served in Thailand and also proposes 
to codify longstanding procedures for searching for payees entitled to 
Nehmer class action settlement payments. Lastly, this proposed rule 
incorporates the provisions contained in VA's RIN 2900-AR45, titled, 
``Diseases Associated with Exposure to Certain Herbicide Agents 
(Bladder Cancer, Parkinsonism, and Hypothyroidism)'' as a result of VA 
withdrawing RIN 2900-AR45 from the Fall 2022 Unified Agenda. The 
proposed amendments in this regulation are in accordance with the 
President's priorities to address military toxic exposures.
    Statement of Need: The Department of Veterans Affairs (VA) is 
proposing to amend its regulations for the following purposes: (1) 
extend the presumption of herbicide exposure to the offshore waters of 
the Republic of Vietnam and to define those boundaries; (2) expand the 
dates for presumption of herbicide exposure for service in the Korean 
Demilitarized Zone; (3) establish entitlement to spina bifida benefits 
for children of certain Veterans who served in Thailand; (4) codify the 
presumption of herbicide exposure for certain locations identified 
where herbicide agents were used, tested, or stored outside of Vietnam; 
(5) codify longstanding procedures for searching for payees entitled to 
class-action settlements under Nehmer v. Department of Veterans 
Affairs; (6) apply the definition of Republic of Vietnam offshore 
waters to presumptive service connection claims for non-Hodgkin's 
lymphoma; (7) add bladder cancer, hypothyroidism, and Parkinsonism as 
presumptive herbicide diseases; and (8) recognize hypertension and 
monoclonal gammopathy of undetermined significant as presumptive 
herbicide diseases.
    Summary of Legal Basis: Promulgation of these regulations is 
necessitated by the Blue Water Navy Vietnam Veterans Act of 2019, 
Public Law 116-123; Fiscal Year 2021 National Defense Authorization 
Act; and the Sergeant First Class Heath Robinson Honoring our Promise 
to Address Comprehensive Toxics Act of 2022 (PACT Act), Public Law 117-
168. VA's general rulemaking authority under 38 U.S.C. 501(a) is also 
utilized in effectuating these regulations.
    Alternatives: The comprehensive framework of the enacted laws 
requires VA to issue regulations to ensure that claims processors 
accurately and consistently adjudicate claims pursuant to the intent 
and text of the legislation. The absence of regulations would cause 
confusion amongst adjudicators leading to benefit decision errors, as 
well as incurring significant litigation risk if the only instruction 
concerning application of the aforementioned laws is sub-regulatory 
guidance that did not go through notice-and-comment as required by the 
Administrative Procedures Act.
    Anticipated Cost and Benefits: VA has estimated that there are both 
transfers and costs associated with the provisions of this rulemaking.
    Risks: None.
    Timetable:

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               Action                    Date            FR Cite
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NPRM................................   10/00/23  .......................
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    Regulatory Flexibility Analysis Required: No.

[[Page 11119]]

    Small Entities Affected: No.
    Government Levels Affected: None.
    URL For More Information: www.regulations.gov.
    Agency Contact: Robert Parks, Department of Veterans Affairs, 1800 
G Street NW, Washington, DC 20006, Phone: 202 461-9700, Email: 
[email protected].
    RIN: 2900-AR10

VA

156.  Pilot Veterans Services Organization Complementary and 
Integrative Health Self-Care Well-Being Center Grant Program [2900-
AR60]

    Priority: Other Significant.
    Legal Authority: 38 U.S.C. 5902; 5 U.S.C. 601-612; 2 U.S.C. 1532
    CFR Citation: 38 CFR 64.40; 38 CFR 64.90; 13 CFR 301.3.
    Legal Deadline: None.
    Abstract: The Department of Veterans Affairs is proposing 
regulations to implement legislation authorizing VA to conduct a new, 
two-year grant program to fund eligible veterans services organizations 
(VSOs) to upgrade their community facilities, through construction or 
repair, to serve as complementary and integrative health self-care 
well-being (CIH W-B) centers to promote and expand CIH W-B programs. 
These regulations would specify grant eligibility criteria, the number 
of grants available, their maximum amount, constraints on the 
allocation and use of the funds, and other requirements necessary to 
implement this pilot grant program. These amendments are in accordance 
with the President's priorities by advancing equity and support to 
underserved, vulnerable and marginalized communities.
    Statement of Need: The Consolidated Appropriations Act, 2018 (the 
Act). Public Law 115-141, 132 Stat. 825 (2018). Section 252 of the Act 
authorized VA to carry out a two-year pilot program of grants to 
nonprofit veterans services organizations (VSOs) recognized by the 
Secretary in accordance with section 5902 of title 38, United States 
Code (U.S.C.) in accordance with section 5902 of title 38, United 
States Code (U.S.C.) to upgrade, through construction or repair, VSO 
community facilities to serve as health and wellness centers to promote 
and expand complementary and integrative wellness programs.
    Summary of Legal Basis: On March 23, 2018, the President signed 
into law the Consolidated Appropriations Act, 2018 (the Act), Public 
Law (Pub. L.) 115-141, 132 Stat. 825 (2018). Section 252 of the Act 
authorized VA to carry out a two-year pilot program of grants to 
nonprofit veterans services organizations (VSOs) recognized by the 
Secretary in accordance with section 5902 of title 38, United States 
Code (U.S.C.) to upgrade, through construction or repair, VSO community 
facilities to serve as health and wellness centers to promote and 
expand complementary and integrative wellness programs. Section 252 of 
the Act is codified at 38 U.S.C. 1701 note. The Act provided 
limitations in administering this pilot grant program, including that 
no single grant may exceed $500,000 total, no more than 20 grants may 
be provided, the grant may not be used to purchase real estate or carry 
out repairs of facilities leased by the VSO or to construct facilities 
on property leased by the VSO, and that the grant funds must be used to 
construct or repair facilities located in at least 10 different 
geographic locations and are either in economically depressed areas or 
areas designated as highly rural that are not in close proximity to a 
VA medical center. 38 U.S.C. 1701 note. In this rulemaking, we propose 
to establish and implement this two-year program in part 64 of title 
38, Code of Federal Regulations (CFR).
    Alternatives: The legislation defines that the Program shall be a 
2-year pilot which will not exceed $5 million funding per fiscal year, 
for a total of $10 million for the duration. While a number of parts of 
the proposed rule are required by the statutory authority, we did have 
discretion in how we defined the complementary and integrative wellness 
programs that would be covered by this grant program. That term wasn't 
defined in the law and we have decided to allow grants to upgrade 
facilities to promote, expand, and provide complementary and 
integrative health self-care well-being services which is consistent 
with established VA policy and practice. We could have defined it 
broader that that to include what we consider CIH treatment services, 
however, that could lead to issues of the safety and well-being of the 
veteran and would circumvent VHA's community care program if we were to 
do so.
    Anticipated Cost and Benefits: VA has determined that there are 
transfers of $5 million in FY 2023 and $10 million over the 2-year 
window ending in FY 2024 based off the limits set forth in the 
legislation. Additionally, there are PRA costs, which are indicated 
below. This pilot program will have no costs beyond FY 2024.
    Risks: The risks would be non-compliance with statutory authority 
and/or not being able to provide benefits pursuant to our statutory 
authority.
    Timetable:

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               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   11/00/23  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Small Entities Affected: No.
    Government Levels Affected: None.
    URL for More Information: www.regulations.gov.
    Agency Contact: Thomas Klobucar, Executive Director, Office of 
Rural Health, Veterans Health Administration, Department of Veterans 
Affairs, 810 Vermont Avenue NW, Washington, DC 20420, Phone: 202 632-
8581, Email: [email protected].
    RIN: 2900-AR60

VA

157.  Expanded Burial Benefits [2900-AR69]

    Priority: Other Significant.
    Legal Authority: 38 U.S.C. 2303(b)(1); 38 U.S.C. 501(a), 2303(b)); 
38 U.S.C. 2303
    CFR Citation: 38 CFR 3.1700; 38 CFR 3.1703; 38 CFR 3.1704; 38 CFR 
3.1705; 38 CFR 3.1707.
    Legal Deadline: None.
    Abstract: The Department of Veterans Affairs (VA) proposes to amend 
its adjudication regulations pertaining to burial benefits. Amendments 
include expanding reimbursement of transportation expenses to include 
covered Veterans' cemeteries, a single payment rate for non-service-
connected burial allowances regardless of the location of a qualifying 
Veteran's death, and extending the VA Plot or Interment Allowance to a 
tribal organization for interment of an eligible Veteran on trust land 
owned by, or held in trust for, a tribal organization. As amended, the 
regulations will conform to statutory changes enacted by sections 2201 
and 2202 of the Johnny Isakson and David P. Roe, M.D. Veterans Health 
Care and Benefits Improvement Act of 2020 and Division CC of the Burial 
Equity for Guards and Reserves Act of the Consolidated Appropriations 
Act, 2022. The changes expand reimbursement of transportation expenses 
to include covered Veterans' cemeteries and provide a single payment 
rate for non-service-connected burial allowances regardless of the 
location of a qualifying Veteran's death and will coincide with the 
effective date for the amendments to

[[Page 11120]]

the United States Code (January 5, 2023), which is the date that is two 
years after the date of enactment of the Public Law. Furthermore, the 
changes extending the VA Plot or Interment Allowance to a tribal 
organization for interment of eligible Veterans on trust land owned by, 
or held in trust for, a tribal organization will coincide with the 
effective date for the amendments to the United States Code (March 15, 
2022), which is the date of the enactment of the Public Law. These 
amendments are in accordance with the President's priorities by 
advancing equity and support to underserved, vulnerable and 
marginalized communities.
    Statement of Need: The Department of Veteran Affairs (VA) has 
determined these amendments are needed to incorporate legislative 
updates enacted by the Johnny Isakson and David P. Roe, M.D. Veterans 
Health Care and Benefits Improvement Act of 2020 (Public Law (Pub. L.) 
116-315) and Division CC, section 102(c) of the Burial Equity for 
Guards and Reserves Act of the Consolidated Appropriations Act, 2022 
(Public Law (Pub. L.) 117-103).
    Summary of Legal Basis: The Department of Veterans Affairs (VA) 
proposes to amend its adjudication regulations to incorporate 
legislative updates enacted by the Johnny Isakson and David P. Roe, 
M.D. Veterans Health Care and Benefits Improvement Act of 2020 (Public 
Law (Pub. L.) 116-315) and Division CC, section 102(c) of the Burial 
Equity for Guards and Reserves Act of the Consolidated Appropriations 
Act, 2022 (Public Law (Pub. L.) 117-103). The updates include expanding 
reimbursement of transportation expenses to include covered Veterans' 
cemeteries, instituting a single payment rate for non-service-connected 
burial allowances regardless of the location of a qualifying Veteran's 
death, and extending the VA Plot or Interment Allowance to a tribal 
organization for interment of an eligible Veteran on trust land owned 
by, or held in trust for, a tribal organization.
    Alternatives: VA considered an alternative policy to the proposed 
rule. VA could choose not to act at this time, defer the amendment, and 
revise the regulation at a later date. However, this would have a 
negative effect on VA's effectiveness in processing benefits claims as 
the current regulations are outdated and do not align with the updated 
statutes. These amendments are needed to appropriately determine 
eligibility to certain VA benefits based on these statutory changes. 
Therefore, the proposed rule of amending adjudication regulations by 
expanding reimbursement of transportation expenses to include covered 
Veterans' cemeteries, providing a single payment rate for non-service-
connected burial allowances regardless of the location of a qualifying 
Veteran's death, and extending the VA Plot or Interment Allowance to a 
tribal organization for interment of an eligible Veteran on trust land 
owned by, or held in trust for, a tribal organization to conform with 
the statutory changes in Public Law 116-315 and Public Law 117-103 is 
VA's preferred policy approach.
    Anticipated Cost and Benefits: Under the new statutory changes, 
transportation reimbursement will now be payable for a Veteran buried 
in a covered Veterans' cemetery defined as a Veterans' cemetery in 
which a deceased Veteran is eligible to be buried that is owned by a 
State or is on trust land owned by, or held in trust for, a tribal 
organization, and for which the Secretary has made a grant under 38 
U.S.C. 2408. This allows for the reimbursement of transportation 
expenses to State Veteran cemeteries and tribal cemeteries which both 
have eligibility requirements for a Veteran's burial that are similar 
to the requirements for burial in a national cemetery.
    Additionally, there are currently two different non-service-
connected burial monetary allowances paid which are dependent on the 
location of the Veteran's death: $300.00 for the basic non-service-
connected burial benefit and $828.00 if the Veteran meets the 
eligibility requirements of a VA hospitalization death. The new changes 
will provide a single payment rate for non-service-connected burial 
benefits and pay the greater of the two monetary allowances currently 
in effect for all non-service-connected burial benefits. Finally, 
effective March 15, 2022, the amendments in Public Law 117-103 now 
extend eligibility for the VA Plot or Interment Allowance to tribal 
organizations for the burial of an eligible Veteran on trust land owned 
by, or held in trust for, a tribal organization. This change aligns 
with the `covered Veterans' cemetery' amendment in Public Law 116-315, 
and ultimately provides tribal trust lands and tribal organizations the 
same eligibility to burial benefits as State Veteran cemeteries and 
organizations.
    Risks: We do not anticipate any publication risks as this 
rulemaking is conforming VA regulations to the statutory changes 
enacted by Public Law 116-315 and Public Law 117-103.
    Timetable:

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               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   05/00/23  .......................
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    Regulatory Flexibility Analysis Required: No.
    Small Entities Affected: No.
    Government Levels Affected: None.
    URL For More Information: www.regulations.gov.
    Agency Contact: Eric Baltimore, Program Analyst, Pension and 
Fiduciary Service, Veterans Benefits Administration, Department of 
Veterans Affairs, 810 Vermont Avenue NW, Washington, DC 20420, Phone: 
202 633-8863, Email: [email protected].
    RIN: 2900-AR69

VA

158.  Updating VA Adjudication Regulations for Disability or 
Death Benefits Based on Toxic Exposure [2900-AR75]

    Priority: Other Significant.
    Legal Authority: 38 U.S.C. 1117; 38 U.S.C. 1119; 38 U.S.C. 1120; 38 
U.S.C. 501
    CFR Citation: 38 CFR 3.159; 38 CFR 3.317; 38 CFR 3.320; 38 U.S.C. 
501.
    Legal Deadline: None.
    Abstract: The Department of Veterans Affairs is proposing to amend 
its adjudication regulations to implement provisions of the Sergeant 
First Class Heath Robinson Honoring our Promise to Address 
Comprehensive Toxics Act of 2022, Public Law 117-168 (PACT Act). The 
statute amended procedures applicable to claims based on toxic exposure 
and modified or established presumptions of service connection related 
to toxic exposure. Pursuant to the Act, VA is proposing to remove the 
manifestation period requirement and the minimum compensable evaluation 
requirement from Gulf War claims based on undiagnosed illness and 
medically unexplained chronic multisymptom illnesses. VA is also 
proposing to expand the definition of a Persian Gulf Veteran and update 
the list of locations eligible for a presumption of exposure to toxic 
substances, chemicals, or hazards based on Gulf War service. To 
implement additional provisions of the Act, VA is also proposing to 
codify the procedure for determining when examinations and medical 
nexus opinions are required for claims based on toxic exposure. The 
proposed amendments in this regulation are in accordance with the 
President's priorities to address toxic exposure.
    Statement of Need: The Department of Veterans Affairs is proposing 
to amend

[[Page 11121]]

its adjudication regulations to implement provisions of the Sergeant 
First Class Heath Robinson Honoring our Promise to Address 
Comprehensive Toxics Act of 2022, Public Law 117-168 (PACT Act). The 
statute amended procedures applicable to claims based on toxic exposure 
and modifies or establishes presumptions of service connection related 
to toxic exposure.
    Summary of Legal Basis: The new provisions of regulation are 
authorized by sections 302, 303, 405 and 406 of Public Law 117-168. VA 
must publish regulations to carry out the laws administered by the 
Department as required by 38 U.S.C. 501(a).
    Alternatives: The comprehensive framework of the enacted law 
requires VA to issue regulations to ensure that claims processors 
accurately and consistently adjudicate claims pursuant to the intent 
and text of the legislation. The absence of regulations would cause 
confusion amongst adjudicators leading to benefit decision errors, as 
well as incurring significant litigation risk if the only instruction 
concerning application of the aforementioned law is sub-regulatory 
guidance that did not go through notice-and-comment as required by the 
Administrative Procedures Act.
    Anticipated Cost and Benefits: VA has estimated that there are both 
transfers and costs associated with the provisions of this rulemaking. 
Actual costs and transfers to be determined.
    Risks: None.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   07/00/23  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Small Entities Affected: No.
    Government Levels Affected: None.
    URL for More Information: www.regulations.gov.
    Agency Contact: Robert Parks, Department of Veterans Affairs, 1800 
G Street NW, Washington, DC 20006, Phone: 202 461-9700, Email: 
[email protected].
    RIN: 2900-AR75

VA

159.  Reevaluation of Claims for Dependency and Indemnity 
Compensation Based on Public Law 117-168 [2900-AR76]

    Priority: Other Significant.
    Legal Authority: 38 U.S.C. 501; 38 U.S.C. 1305
    CFR Citation: 38 CFR 3.817.
    Legal Deadline: None.
    Abstract: The Department of Veterans Affairs (VA) proposes to amend 
its adjudication regulations concerning certain awards of Dependency 
and Indemnity Compensation (DIC). Relevant claimants will be eligible 
to elect a reevaluation of certain previously denied DIC determinations 
pursuant to changes that establish or modify a presumption of service-
connection. Any award following reevaluation may be made retroactive to 
the date of a previously denied claim as if the establishment or 
modification of the presumption of service-connection had been in 
effect on the date of the submission of the original claim. With 
respect to new or initial awards of DIC pending before VA on or after 
August 10, 2022, VA proposes to utilize the most advantageous effective 
date amongst 38 CFR 3.114 and 3.400, to potentially grant an award 
earlier than August 10, 2022, if applicable. Lastly, as the PACT Act is 
silent with respect to changes in the accrued or substitution process 
as it relates to the reevaluation of DIC claims, VA proposes utilizing 
the regular processes regarding accrued and substitution benefits 
contained in 38 U.S.C. 5121 and 5121A. The amendments within this 
proposed rulemaking incorporate legislative updates enacted by the 
Sergeant First Class Heath Robinson Honoring our Promise to Address 
Comprehensive Toxics Act of 2022, or the Honoring our PACT Act of 2022 
(Pub. L. 117-168) (PACT Act) and will bring federal regulations into 
conformance with the statutory changes. The proposed amendments in this 
regulation are in accordance with the President's priorities to address 
toxic exposure.
    Statement of Need: The Department of Veteran Affairs has determined 
the need to amend its regulations, in accordance with 38 U.S.C. 501, to 
incorporate legislative updates enacted by Section 204 of the Sergeant 
First Class Heath Robinson Honoring our Promise to Address 
Comprehensive Toxics Act of 2022 or the Honoring our PACT Act of 2022 
(Pub. L. 117-168).
    Summary of Legal Basis: This amendment to the Dependency and 
Indemnity Compensation benefit program is authorized by section 204 of 
Public Law 117-168. VA must publish regulations for matters related to 
benefits as required by 38 U.S.C. 501(d).
    Alternatives: VBA has considered an alternative policy to the 
proposed rule. VBA could choose not to act at this time and codify a 
new regulation at a later date. However, this would have a negative 
effect on VA's effectiveness in processing benefits claims as the 
current regulations do not align with the updated statutes. This new 
adjudication regulation is needed to appropriately determine 
eligibility to certain VA benefits based on these statutory changes. 
Therefore, the proposed rule of adding a new adjudication regulation 
which will provide relevant claimants the ability to elect a 
reevaluation of certain previously denied DIC determinations pursuant 
to changes that establish or modify a presumption of service connection 
to conform with the statutory changes within the PACT Act is VA's 
preferred policy approach.
    Anticipated Cost and Benefits: To be determined.
    Risks: None.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   06/00/23  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Small Entities Affected: No.
    Government Levels Affected: None.
    URL For More Information: www.regulations.gov.
    Agency Contact: Eric Baltimore, Program Analyst, Pension and 
Fiduciary Service, Veterans Benefits Administration, Department of 
Veterans Affairs, 810 Vermont Avenue NW, Washington, DC 20420, Phone: 
202 633-8863, Email: [email protected].
    RIN: 2900-AR76

VA

160.  Authorization of Electronic Notice in Claims Under Laws 
Administered by the Secretary of Veterans Affairs [2900-AR77]

    Priority: Other Significant.
    Legal Authority: Pub. L. 117-168; 38 U.S.C. 501(a); 38 U.S.C. 5100
    CFR Citation: 38 CFR 3; 38 CFR 8; 38 CFR 10; 38 CFR 13; 38 CFR 21; 
38 CFR 36.
    Legal Deadline: None.
    Abstract: The Department of Veterans Affairs is proposing to amend 
its adjudication regulations to implement provisions of the Sergeant 
First Class Heath Robinson Honoring our Promise to Address 
Comprehensive Toxics Act of 2022, Public Law 117-168 (PACT Act). VA is 
proposing how to obtain a claimant's election to opt-in to receive 
electronic notifications, how to revoke this option, and how electronic 
notification will be administered to eligible claimants. (Compensation, 
Pension, Insurance, Fiduciary, Veteran Readiness & Employment, Loan 
Guaranty, and Education). The proposed

[[Page 11122]]

amendments in this regulation are in accordance with the President's 
priorities to address toxic exposure.
    Statement of Need: The Department of Veterans Affairs (VA) is 
issuing regulations for the implementation of section 807 of Public Law 
117-168, the Sergeant First Class Heath Robinson Honoring Our Promise 
to Address Comprehensive Toxins (PACT Act). Title 38 of United States 
Code (U.S.C.) section 501(d) requires VA to publish regulations for 
matters related to benefits under a law administered by the Secretary, 
notwithstanding section 553(a)(2) of the Administration Procedure Act.
    Summary of Legal Basis: The regulation amendment is authorized by 
section 807 of Public Law 117-168. VA must publish regulations for 
matters related to benefits under a law administered by the Secretary 
as required by 38 U.S.C. 501(d).
    Alternatives: None as this amendment is required by statute.
    Anticipated Cost and Benefits: The statute will enable VBA to 
communicate with Veterans and claimants thru an omni-channel 
communications framework (i.e., mail, text, and email). Anticipated 
costs account for two primary costs: the development of a managed 
service, or the amendment of an existing managed service, to ensure a 
minimum of 30 million communications are delivered each year and the 
actual market costs associated with the delivery of those 
communications. These communications consist of approximately 12 
million notifications acknowledging receipt of materials submitted to 
VBA's central claims intake center, as well as 18 million required 
notifications. VBA currently spends more than $10M per year sending 
paper-based communications and anticipates long-term cost savings by 
leveraging electronic communications for claimants who opt-in, but will 
require up-front funding to acquire the service to maintain this 
operational framework.
    Risks: None.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   04/00/23  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Small Entities Affected: No.
    Government Levels Affected: None.
    URL For More Information: www.regulations.gov.
    Agency Contact: Korrie Shivers, Policy Analyst, Part 3 Regulations 
and Forms Staff, Veterans Benefits Administration, Department of 
Veterans Affairs, 810 Vermont Avenue NW, Washington, DC 20420, Phone: 
202 461-9720, Email: [email protected].
    RIN: 2900-AR77

VA

Final Rule Stage

161. Modifying Copayments for Veterans at High Risk for Suicide [2900-
AQ30]

    Priority: Other Significant.
    Legal Authority: 38 U.S.C. 1710(g); 38 U.S.C. 1722A
    CFR Citation: 38 CFR 17.108; 38 CFR 17.110.
    Legal Deadline: None.
    Abstract: The Department of Veterans Affairs (VA) amends its 
medical regulations that govern copayments for outpatient medical care 
and medications for at-risk veterans. These amendments are in 
accordance with the President's priorities of reducing suicide.
    Statement of Need: This rulemaking is needed because a change in 
the current regulation is called for by the policy outlined in 
Executive Order 13822, which provides that our Government must improve 
mental healthcare and access to suicide prevention resources available 
to veterans. Healthcare research has provided extensive evidence that 
copayments can be barriers to healthcare for vulnerable patients, which 
places the change in line with the goals of the Executive Order.
    Summary of Legal Basis: Executive Order 13822.
    Alternatives: The express intent of the rulemaking is to reduce 
barriers to mental health care for Veterans at high risk for suicide. 
To defer implementation of the regulation would be to undermine its 
purpose. However, alternative regulatory approaches were considered. It 
was considered whether VHA national or local policy changes could 
effectively meet the intent of the regulation. It was found that policy 
change is not a viable alternative due to regulatory constraints that 
prevent changes to copayment requirements. The timing of rulemaking was 
considered. There were no potential cost savings or other net benefits 
identified that would lead to a more beneficial option.
    A phase-in period for the regulation was considered. There were no 
burdens, likely failures, or negative comments identified that a phase-
in period would help mitigate. There were no potential cost savings or 
other net benefits identified that would make phasing in the regulation 
a more beneficial option.
    Anticipated Cost and Benefits: Outpatient medical care and 
medication copayments will be reduced for Veterans determined to be at 
high risk for suicide. VA strongly believes, based on extensive 
empirical evidence, that the provisions of this rulemaking will 
decrease the likelihood of fatal or medically serious overdoses from VA 
prescribed medications among Veterans who are at a high risk of 
suicide. VA also strongly believes, based on the evidence, that the 
provisions of this rulemaking will significantly increase the 
engagement of Veterans who are at a high risk or suicide in outpatient 
health care, which is known to decrease the risk of suicide and other 
adverse outcomes.
    VA has determined that there are transfers associated with this 
rulemaking and a loss of revenue to VA from the reduction of specific 
veteran copayments. The transfers are estimated to be $9.43M in FY2022 
and $54.35M over a 5-year period. The loss of revenue to VA is 
estimated to be $0.21M in FY2022 and $1.11M over a five-year period. 
The total budgetary impact of this rulemaking is estimated to be $9.63M 
in FY2022 and $55.47M over a five-year period.
    Risks: None.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   01/05/22  87 FR 418
NPRM Comment Period End.............   03/07/22  .......................
Final Action........................   07/00/23  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Small Entities Affected: No.
    Government Levels Affected: None.
    URL For More Information: www.regulations.gov.
    Agency Contact: Julie Wildman Informatics Educator, Department of 
Veterans Affairs, 795 Willow Road, Building 321, Room A124, Menlo Park, 
CA 94304, Phone: 650 493-5000, Email: [email protected].
    RIN: 2900-AQ30

VA

162. Home Visits in Program of Comprehensive Assistance for Family 
Caregivers During Covid-19 National Emergency [2900-AQ96]

    Priority: Other Significant.
    Legal Authority: 38 U.S.C. 1720G(a)(3); 5 U.S.C. 553(d)

[[Page 11123]]

    CFR Citation: 38 CFR 71.40; 38 CFR 71.25(e); 38 CFR 71.40(b)(2).
    Legal Deadline: None.
    Abstract: The Department of Veterans Affairs (VA) is revising its 
regulations that govern VA's Program of Comprehensive Assistance for 
Family Caregivers (PCAFC) to relax the requirement for in-person home 
visits during the National Emergency related to Coronavirus Disease-
2019 (COVID-19). This change is required to address the safety and 
well-being of veterans, caregivers, and VA clinical staff as the 
circumstances regarding COVID-19 continue to evolve, which is in line 
with the President's priorities.
    Statement of Need: The Caregivers and Veterans Omnibus Health 
Services Act of 2010 (Pub. L. 111-163) established 38 U.S.C. 1720G, 
which directed VA to establish a Program of Comprehensive Assistance 
for Family Caregivers (PCAFC) and a Program of General Caregiver 
Support Services. Both programs are managed by the VA's Caregiver 
Support Program Office. On March 13, 2020, a National Emergency was 
declared by the President in response to COVID-19.
    COVID-19 is a new disease that causes respiratory illness in people 
and can spread from person to person. Many individuals and communities 
across the country have taken steps to reduce the spread of COVID-19, 
including isolating individuals diagnosed with the disease and 
implementing physical distancing measures. The priority goal in the VA 
response to COVID-19 is the protection of veterans, their caregivers, 
and VA clinical staff. This rulemaking is intended to reduce the risk 
of exposure to and transmission of COVID-19 to individuals involved in 
PCAFC, as well as members of their households and others with whom they 
come into contact who may be affected, by providing the facilities 
flexibility in the modalities used to conduct home visits other than 
in-person visits. The intent of this rulemaking is to protect veterans, 
their families, and VA clinical staff by reducing the spread of COVID-
19 for the duration of the COVID-19 National Emergency.
    Summary of Legal Basis: The legal basis for this rule is Title 1 of 
Public law 111-163, Caregivers and Veterans Omnibus Health Services Act 
of 2010 (the Caregivers Act) which established section 1720G(a) of 
title 38 of the United States Code requiring VA, in part, to establish 
the PCAFC program. As a result of the National Emergency related to 
COVID-19 declared by the President on March 13, 2020, VA added a new 
section 71.60 to title 38 of the Code of Federal Regulations to provide 
flexibility in the mode by which VA conducts PCAFC home visits during 
the duration of the National Emergency. These flexibilities include 
videoconference or other available telehealth modalities.
    Alternatives: Through the interim final rule, VA relaxed the 
requirements of in-person home visits during the National Emergency 
related to COVID-19. VA considered leaving the requirement as is, 
however, it would have the potential to put veterans, their families, 
and VA staff at greater risk of contracting COVID-19.
    Anticipated Cost and Benefits: The final rulemaking adds 
flexibility to the required in-home assessments and allows VA clinical 
staff to conduct in-home assessments through other modalities while 
remaining compliant with current regulations and policies. Through this 
rulemaking, VA minimizes risk of exposure and spreading of COVID-19 to 
VA clinical staff, veterans, their caregivers, their families, and 
other household members during this National Emergency.
    Risks: The addition of 71.60 was through an IFR. Finalizing the 
rule will allow us to comply with APA; but the regulation was effective 
upon publication on June 5, 2020.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Interim Final Rule..................   06/05/20  85 FR 34522
Interim Final Rule Effective........   06/05/20  .......................
Interim Final Rule Comment Period      07/06/20  .......................
 End.
Final Action........................   03/00/23  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Small Entities Affected: No.
    Government Levels Affected: None.
    URL For More Information: www.regulations.gov.
    Agency Contact: Elyse Kaplan, National Deputy Director, Caregiver 
Support Program, Department of Veterans Affairs, 810 Vermont Avenue NW, 
Washington, DC 20420, Phone: 202 461-7337, Email: [email protected].
    RIN: 2900-AQ96

VA

163. Staff Sergeant Parker Gordon Fox Suicide Prevention Grant Program 
[2900-AR16]

    Priority: Other Significant.
    Legal Authority: Pub. L. 116-171, sec. 201; 38 U.S.C. 1720F; 38 
U.S.C. 501
    CFR Citation: 38 CFR 62.2; 38 CFR 50.1(d); 38 CFR 78.45.
    Legal Deadline: Other, Statutory, December 31, 2025, Required 
consultation pursuant to section 201 of Public Law 116-171. Required 
consultation pursuant to section 201 of Public Law 116-171. This grant 
program is authorized by section 201 of Public Law 116-171. VA must 
publish regulations for matters related to grants as required by 38 
U.S.C. 501(d).
    Abstract: The Department of Veterans Affairs (VA) is issuing a 
final rule to implement legislation authorizing VA to initiate a three-
year community-based grant program to award grants to eligible entities 
to provide or coordinate the provision of suicide prevention services 
to eligible individuals and their families. This rulemaking specifies 
grant eligibility criteria, application requirements, scoring criteria, 
constraints on the allocation and use of the funds, and other 
requirements necessary to implement this grant program. These 
amendments are in accordance with the President's priorities of 
reducing suicide.
    Statement of Need: The Department of Veterans Affairs (VA) is 
issuing regulations for the implementation of section 201 of Public Law 
116-171, the Commander John Scott Hannon Veterans Mental Health Care 
Improvement Act of 2019 (the Act). Title 38 of United States Code 
(U.S.C.) section 501(d) requires VA to publish regulations for matters 
related grants, notwithstanding section 553(a)(2) of the Administration 
Procedure Act.
    Summary of Legal Basis: This grant program is authorized by section 
201 of Public Law 116-171. VA must publish regulations for matters 
related to grants as required by 38 U.S.C. 501(d).
    Alternatives: VHA initially was planning to implement the pilot 
program without any collaboration or planning with our internal or 
external partners. As an alternative, VHA intends to collaborate with 
other grant programs to examine certain costs which may be shared such 
as FTE, IT systems, and utilizing internal VA offices and 
infrastructure for certain aspect of grants management. This will 
maximize the effectiveness of the program and minimize any 
inefficiencies which would have otherwise arisen. VA determined the 
best course of action was to work with internal and external partners 
to develop the best grant program possible for suicide prevention among 
our Veteran population.
    Anticipated Cost and Benefits: VA has estimated that there are both 
transfers and costs associated with the provisions of this rulemaking. 
The transfers are estimated to be $51.7M in FY2023 and $156 7M through 
FY2025. The costs are

[[Page 11124]]

estimated to be $1.6M in FY2021 and $16.8M over five years (FY2021-
FY2025).
    Risks: None.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Request For Information (RFI).......   04/01/21  86 FR 17268
RFI Comment Period End..............   04/22/21  .......................
Interim Final Rule..................   03/10/22  87 FR 13806
Interim Final Rule; Correction......   03/22/22  87 FR 16101
Interim Final Rule Effective........   04/11/22  .......................
Interim Final Rule Comment Period      05/09/22  .......................
 End.
Final Action........................   08/00/23  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Small Entities Affected: No.
    Government Levels Affected: None.
    URL For More Information: https://www.federalregister.gov.
    Agency Contact: Sandra Foley, Supervisory Grants Manager--Suicide 
Prevention Program, Department of Veterans Affairs, 810 Vermont Avenue 
NW, Washington, DC 20420, Phone: 202 266-4653, Email: 
[email protected].
    RIN: 2900-AR16

VA

164. Copayment Exemption for Indian Veterans [2900-AR48]

    Priority: Other Significant.
    Legal Authority: 38 U.S.C. 1730A; 25 U.S.C. 1603; 25 U.S.C. 1612
    CFR Citation: 42 CFR 438.14; 42 CFR 447.51; 38 CFR 17.30(a).
    Legal Deadline: NPRM, Statutory, January 5, 2021, Johnny Isakson 
and David P. Roe, M.D. Veterans Health Care and Benefits Improvement 
Act of 2020 (the ``Act''). Public Law (Pub. L.) 116-315.
    Pursuant to section 1730A of title 38, United States Code (U.S.C.), 
catastrophically disabled veterans are exempt from copayment for the 
receipt of hospital care or medical services under laws administered by 
VA. On January 5, 2021, the President signed into law the Johnny 
Isakson and David P. Roe, M.D. Veterans Health Care and Benefits 
Improvement Act of 2020 (the ``Act''). Public Law (Pub. L.) 116-315.
    Abstract: VA is amending its medical regulations to implement a 
statute exempting Indian veterans from copayment requirements for the 
receipt of hospital care or medical services under laws administered by 
VA. These amendments are in accordance with the President's priorities 
by advancing equity and support to underserved, vulnerable and 
marginalized communities.
    Statement of Need: This rulemaking is needed to amend the 
Department of Veteran Affairs (VA)'s medical regulations, in accordance 
with rulemaking authority established in 38 U.S.C. 501, to reflect 
current changes in law as a result of the Veterans Health Care and 
Benefits Improvement Act of 2020. In addition, this rulemaking is 
essential to VA's attempt to validate veterans who are an Indian and 
eligible for this new benefit.
    Summary of Legal Basis: On January 5, 2021, the President signed 
into law the Johnny Isakson and David P. Roe, M.D. Veterans Health Care 
and Benefits Improvement Act of 2020 (the Act). Public Law (Pub. L.) 
116-315. Section 3002 of the Act amended section 1730A to add a 
copayment exemption for veterans who are either Indian or urban Indian, 
as those terms are defined in section 4 of the Indian Health Care 
Improvement Act. Thus, veterans who are Indians or urban Indians will 
be exempt from copayments for the receipt of hospital care or medical 
services under laws administered by VA. This amendment to section 1730A 
takes effect one year after the date of enactment of the Act (that is, 
the statutory amendment became effective on January 5, 2022). This 
rulemaking revises several VA regulations concerning copayment 
exemptions to be consistent with the amendment made to 38 U.S.C. 1730A 
by section 3002 of the Act.
    Alternatives: One alternative policy approach considered was the 
possibility that VA could require veterans who identify as Indian and 
applying for VA health care enrollment to provide documentation to 
identify their tribal affiliation. VA could also implement this 
rulemaking as a two-stage proposed rule instead of an interim final 
rule which would notify the public of this regulatory action and 
provide the opportunity for notice and comment from interested parties. 
Veterans would be asked to indicate their tribal affiliation on VA Form 
10-10EZ or VA Form 10-10EZR.
    This would add a measure of assurance that the benefit will reach 
the intended population and reduce the risk that a non-eligible veteran 
receives the copayment exemption and retroactive reimbursements. 
However, this places a reporting burden upon veterans who identify as 
Indian and could delay their enrollment for VA health care. In 
addition, VA would need additional changes to the enrollment system to 
capture tribal information for potentially 574 possible responses, 
including the necessary form changes. Lastly, VA would create a 
reputational risk by requiring documentation for a specific group who 
received unique benefits but not all groups that receive unique 
benefits.
    Anticipated Cost and Benefits: This rulemaking will be an essential 
part to VA's attempt to validate veterans who identify as an Indian. 
This rulemaking will assist Indian veterans by eliminating a cost 
barrier, which will help increase utilization of VA health care among 
this veteran population. Public Law (Pub. L.) 116-315, sec. 3002 of the 
Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits 
Improvement Act of 2020 (signed January 5, 2021) amended section 1730A 
of title 38 of the United States Code (U.S.C.) eliminating the 
copayment requirements for inpatient hospital care, outpatient medical 
care, outpatient medications, noninstitutional extended care services 
and the first three visits for urgent care in a calendar year provided 
by VA for veterans who are either Indian or urban Indian, as those 
terms are defined in section 4 of the Indian Health Care Improvement 
Act.
    This amendment to section 1730A takes effect one year after the 
date of enactment of the Act (that is, the statutory amendment became 
effective on January 5, 2022). This rulemaking revises several VA 
regulations concerning copayment exemptions to be consistent with the 
amendment made to section 1730A by section 3002 of the Act.
    For the purposes of the copayment exemption, VA has adopted the 
Centers for Medicare and Medicaid Services' (CMS) definition of the 
term Indian found in 447.51 of title 42 of the Code of Federal 
Regulations (CFR) for purposes of copayment exemption for Indian and 
urban Indians under 38 U.S.C. 1730A. VA will amend 38 CFR 17.108, 
17.110, 17.111 and 17.4600.
    VA will update VA Form 10-10EZ, Enrollment Application for Health 
Benefits, and VA Form 10-10EZR, Health Benefits Update Form to include 
Veteran self-attestation to meet the requirements of section 3002 of 
the Act as well as updates for ancillary systems needed to implement 
this rulemaking. VA will reimburse Indian veterans for copayments paid 
to VA for hospital care and medical services provided on or after 
January 5, 2022. VA will implement an audit process to periodically 
review its enrollment records.

[[Page 11125]]

    Risks: The risks would be non-compliance with statutory authority 
and/or not being able to provide benefits pursuant to our statutory 
authority.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Interim Final Rule..................   12/00/22  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Small Entities Affected: No.
    Government Levels Affected: None.
    URL For More Information: www.regulations.gov.
    Agency Contact: Joseph Duran, Director of Policy and Planning 
(10D1A1), Department of Veterans Affairs, 3773 Cherry Creek North 
Drive, Denver, CO 80209, Phone: 303 370-1637, Email: 
[email protected].
    RIN: 2900-AR48

VA

165.  Technical Revisions To Expand Health Care for Certain 
Toxic Exposure and Overseas Contingency Service [2900-AR73]

    Priority: Other Significant.
    Legal Authority: 38 U.S.C. 1710; Pub. L. 117-168 sec. 103(a)
    CFR Citation: 38 CFR 17.36; 38 CFR 17.108; 38 CFR 17.110; 38 CFR 
17.111; 38 CFR 51.50.
    Legal Deadline: None.
    Abstract: The Department of Veterans Affairs (VA) is issuing this 
rule to amend its medical regulations governing eligibility for VA 
health care and copayment requirements to conform to recent statutory 
changes made by section 103 of the Sergeant First Class Heath Robinson 
Honoring our Promise to Address Comprehensive Toxics Act of 2022, 
Public Law 117-168 (PACT Act). VA is changing its medical benefits 
enrollment criteria to include toxic-exposed veterans and veterans who 
supported certain overseas contingency operations, to exempt such 
veterans from copayments for certain care, and to provide per diem for 
nursing home care for such veterans. The amendments in this regulation 
are in accordance with the President's priorities to address toxic 
exposure.
    Statement of Need: VA must amend its medical regulations governing 
eligibility for VA health care and copayment requirements to conform to 
recent statutory changes made by section 103 of the Honoring our PACT 
Act of 2022. VA would change its medical benefits enrollment criteria 
to include toxic-exposed veterans and veterans who supported certain 
overseas contingency operations, to exempt such veterans from 
copayments for certain care, and to provide per diem for nursing home 
care for such veterans.
    Summary of Legal Basis: These changes are authorized in accordance 
with section 103(a) of Public Law 117-168 and the related amendments to 
38 U.S.C. 1710.
    Alternatives: None.
    Anticipated Cost and Benefits: The initial estimate for the 
additional medical enrollment (including the cost of care) pursuant to 
section 103(a) is $966,347,000 from FY23 to FY32.
    Risks: None anticipated, as the authority has been codified in 
statute.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Final Action........................   09/00/23  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Small Entities Affected: No.
    Government Levels Affected: None.
    URL For More Information: www.regulations.gov.
    Agency Contact: Ryan Heiman, Acting Deputy Director, VHA Member 
Services, Department of Veterans Affairs, 3401 SW 21st Street, Building 
9, Topeka, KS 66604, Phone: 785 817-2719, Email: [email protected].
    RIN: 2900-AR73

VA

166.  Procedural Updates for the PACT Act [2900-AR74]

    Priority: Other Significant.
    Legal Authority: 38 U.S.C. 1112
    CFR Citation: 38 CFR 3.309.
    Legal Deadline: None.
    Abstract: The Department of Veterans Affairs (VA) is issuing this 
final rule to amend its adjudication regulations to add additional 
presumptive exposure locations for radiation, as indicated in the 
Sergeant First Class Heath Robinson Honoring our Promise to Address 
Comprehensive Toxics Act of 2022. The intended effect of this amendment 
is to ease the evidentiary burden of this population of Veterans who 
file claims with VA based on radiation exposure in these locations. The 
amendments in this regulation are in accordance with the President's 
priorities to address toxic exposure.
    Statement of Need: The Department of Veterans Affairs (VA) is 
issuing this final rule to amend its adjudication regulations to add 
additional presumptive exposure locations for radiation, as indicated 
in the Sergeant First Class Heath Robinson Honoring our Promise to 
Address Comprehensive Toxics Act of 2022 (Pub. L. 117-168). The 
intended effect of this amendment is to ease the evidentiary burden of 
Veterans exposed to radiation at Thule Air Force Base, Palomares and 
Enewetak Atoll who file claims with VA based on radiation exposure in 
these locations.
    Summary of Legal Basis: The new provisions of regulation are 
authorized by section 401 of Public Law 117-168. VA must publish 
regulations to carry out the laws administered by the department as 
required by 38 U.S.C. 501(a).
    Alternatives: Section 401 of Public Law 117-168 added three new 
locations during the specified times as presumptive for radiation risk 
activity.The alternative to regulation is to allow Veterans and claims 
processors to process claims under the statute without the benefit of 
regulatory guidance, and to rely upon sub-regulatory clarification.
    Anticipated Cost and Benefits: VA has estimated that there are both 
transfers and costs associated with the provisions of this rulemaking. 
Actual costs and transfers TBD.
    Risks: None.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Final Action........................   04/00/23  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Small Entities Affected: No.
    Government Levels Affected: None.
    URL For More Information: www.regulations.gov.
    Agency Contact: Robert Parks, Department of Veterans Affairs, 1800 
G Street NW, Washington, DC 20006, Phone: 202 461-9700, Email: 
[email protected].
    RIN: 2900-AR74
BILLING CODE 8320-01-P

CORPORATION FOR NATIONAL AND COMMUNITY SERVICE (AMERICORPS)

Fall 2022 Statement of Regulatory Priorities

Overview

    The Corporation for National and Community Service, operating as 
AmeriCorps, is the Federal agency for national service and 
volunteerism. AmeriCorps provides opportunities for individuals to 
address some the nation's most pressing challenges, improve lives and 
communities, and strengthen civic engagement. AmeriCorps offers

[[Page 11126]]

individuals and organizations flexible ways to make a local and lasting 
impact through its programs, such as AmeriCorps State and National, 
AmeriCorps VISTA, AmeriCorps NCCC, and the Volunteer Generation Fund, 
and AmeriCorps Seniors RSVP, Foster Grandparents, and Senior Companions 
programs. AmeriCorps also supports volunteerism through National Days 
of Service, including 9/11 Day and Martin Luther King, Jr., Day. 
AmeriCorps' authorizing statutes and regulations provide the necessary 
legal framework for its programs. AmeriCorps' regulatory priorities are 
guided by its Strategic Plan (available at americorps.gov/about/agency-overview/strategic-plan) and Administration priorities.

Highlights of AmeriCorps' Regulatory Plan

    This Regulatory Plan provides highlights of AmeriCorps' upcoming 
regulatory actions. Please refer to AmeriCorps' Semiannual Regulatory 
Agenda for the full spectrum of AmeriCorps' upcoming regulatory 
actions.
    AmeriCorps' Strategic Plan establishes a goal of partnering with 
communities to alleviate poverty and advance racial equity. Two 
proposed regulatory actions relate to this goal:
    AmeriCorps State and National Updates (3045-NEW) will consider 
additional programmatic and grantmaking flexibilities, including 
waivers and exceptions for individuals who may benefit from additional 
education and training, such as those reentering society after 
incarceration, to participate in national service while acquiring 
skills and knowledge to ease their transition into the workplace. 
AmeriCorps' VISTA New Project Regulations (3045-AA79) will also 
consider additional programmatic and grantmaking flexibilities intended 
to better reach underserved communities, reduce barriers to 
participation in national service, and provide those communities with 
access to the benefits of service to reduce poverty. VISTA's underlying 
purpose also supports the Administration's goal to promote economic 
resilience and address persistent poverty, by encouraging and enabling 
persons from all walks of life to perform volunteer service to assist 
in the solution of poverty and poverty-related problems and secure and 
increase opportunities for self-advancement by persons affected by such 
problems.
BILLING CODE 6050-28-P

ENVIRONMENTAL PROTECTION AGENCY (EPA)

Statement of Priorities

Overview

    EPA works to ensure that all Americans are protected from 
significant risks to human health and the environment, including 
climate change, and that overburdened and underserved communities and 
vulnerable individuals--including low-income communities and 
communities of color, children, the elderly, tribes, and indigenous 
people--are meaningfully engaged and benefit from focused efforts to 
protect their communities from pollution. EPA acts to ensure that all 
efforts to reduce environmental harms are based on the best available 
scientific information, that federal laws protecting human health and 
the environment are enforced equitably and effectively, and that the 
United States plays a leadership role in working with other nations to 
protect the global environment. EPA is committed to environmental 
protection that builds and supports more diverse, equitable, 
sustainable, resilient, and productive communities and ecosystems.
    By taking advantage of the latest science, the newest technologies 
and the most cost-effective and sustainable solutions, EPA and its 
federal, tribal, state, local, and community partners have made 
important progress in addressing pollution where people live, work, 
play, and learn. By cleaning up contaminated waste sites, reducing 
greenhouse gases, lowering emissions of mercury and other air 
pollutants, and investing in water and wastewater treatment, EPA's 
efforts have resulted in tangible benefits to the American public. 
Efforts to reduce air pollution alone have produced hundreds of 
billions of dollars in benefits in the United States, and tremendous 
progress has been made in cleaning up our nation's land and waterways. 
But much more needs to be done to implement the nation's environmental 
statutes and ensure that all individuals and communities benefit from 
EPA's efforts to protect human health and the environment and to 
address the climate crisis.
    EPA will use its regulatory authorities, along with grant- and 
incentive-based programs, technical and compliance assistance, and 
research and educational initiatives, to address the following 
priorities set forth in EPA's Strategic Plan:

 Tackle the Climate Crisis
 Take Decisive Action to Advance Environmental Justice and 
Civil Rights
 Enforce Environmental Laws and Ensure Compliance
 Ensure Clean and Healthy Air for All Communities
 Ensure Clean and Healthy Water for All Communities
 Safeguard and Revitalize Communities
 Ensure Safety of Chemicals for People and the Environment

    All this work will be undertaken with a strong commitment to 
scientific integrity, the rule of law and transparency, the health of 
children and other vulnerable populations, and with special focus on 
supporting and achieving environmental justice at federal, tribal, 
state, and local levels.

Highlights of EPA's Regulatory Plan

    This Regulatory Plan highlights our most important upcoming 
regulatory actions. As always, our Semiannual Regulatory Agenda 
contains information on a broader spectrum of EPA's upcoming regulatory 
actions.

Tackle the Climate Crisis

    EPA must continue to take bold and decisive steps to respond to the 
severe and urgent threat of climate change, including taking 
appropriate regulatory action under existing statutory authorities to 
reduce emissions from our nation's largest sources of greenhouse gases 
(GHG). The impacts of climate change are affecting people in every 
region of the country, threatening lives and livelihoods and damaging 
infrastructure, ecosystems, and social systems. Overburdened and 
underserved communities and individuals are particularly vulnerable to 
these impacts, including low-income communities and communities of 
color, children, the elderly, tribes, and indigenous people.
    Exercising its authority under the Clean Air Act (CAA), EPA will 
address major sources of GHGs that are driving these impacts by taking 
regulatory action to minimize emissions of methane from new and 
existing sources in the oil and natural gas sector; reduce GHGs from 
new and existing fossil fuel-fired power plants; limit GHGs from new 
light-duty vehicles and heavy-duty trucks; and set requirements for the 
use of renewable fuel. EPA will also carry out the mandates of the 
recently enacted American Innovation and Manufacturing (AIM) Act to 
implement, and where appropriate accelerate, a national phasedown in 
the production and consumption of hydrofluorocarbons (HFCs), which are 
highly potent GHGs.

[[Page 11127]]

Further, these regulatory priorities complement the commitment to 
holistically and aggressively combat damaging climate pollution while 
supporting the creation of good jobs and lowering energy costs for 
families together with implementation of relevant climate provisions of 
the Inflation Reduction Act.
     Standards of Performance for New, Reconstructed, and 
Modified Sources and Emission Guidelines for Oil and Natural Gas Sector 
Climate Review. The oil and natural gas industry are the largest 
industrial source of U.S. emissions of methane, a GHG more than 25 
times as potent as carbon dioxide at trapping heat in the atmosphere. 
On November 15, 2021, EPA proposed new source performance standards and 
emission guidelines for new and existing crude oil and natural gas 
facilities. (86 FR 63110). This action responded to the January 20, 
2021, Executive Order (E.O.) 13990 titled ``Protecting Public Health 
and the Environment and Restoring Science to Tackle the Climate 
Crisis,'' which directed EPA to consider certain actions to reduce 
methane and volatile organic compound (VOC) emissions in the oil and 
natural gas sector. As a next step in the rulemaking process, EPA 
intends to issue a supplemental proposed rule that strengthens, expands 
and revises the November 2021 proposed rule in response to information 
and feedback received during the public comment period. EPA expects to 
issue a final rule in Spring 2023.
     Emission Guidelines for Greenhouse Gas Emissions from 
Fossil Fuel-Fired Existing Electric Generating Units. Fossil fuel-fired 
power plants are the nation's second largest source of GHG pollution. 
On June 30, 2022, the U.S. Supreme Court decision in West Virginia v. 
EPA faulted the 2015 Clean Power Plan rule and remanded it back to the 
D.C. Circuit. EPA is considering the implications of this Supreme Court 
decision and is now undertaking a new rulemaking to establish emission 
guidelines under CAA section 111(d) to limit GHG emissions from 
existing fossil fuel-fired EGUs. EPA anticipates issuing a proposed 
rule for this action in Spring 2023, and promulgating a final rule by 
Summer 2024.
     Amendments to the NSPS for GHG Emissions from New, 
Modified, & Reconstructed Stationary Sources: EGUs. Under CAA section 
111(b), EPA sets New Source Performance Standards (NSPS) for GHG 
emissions from new, modified, and reconstructed fossil fuel-fired power 
plants. In 2015, EPA finalized regulations to limit GHG emissions from 
new fossil-fuel fired utility boilers and from natural gas-fired 
stationary combustion turbines. In 2018, EPA proposed to revise the 
NSPS for coal fired EGUs. To date, that proposed action has not been 
finalized. The purpose of this action is to conduct a comprehensive 
review of the NSPS and, if appropriate, amend the emission standards 
for new fossil fuel fired EGUs. EPA anticipates issuing a proposed rule 
in Spring 2023, and promulgating a final rule by Summer 2024.
     Greenhouse Gas Emissions Standards for Heavy-Duty Engines 
and Vehicles--Phase 3. Transportation is the largest source of GHG 
emissions in the United States, making up 29 percent of all emissions. 
Within the transportation sector, heavy-duty vehicles are the second-
largest contributor, at 23 percent. EPA previously took action to 
reduce GHG emissions from heavy-duty trucks with its Phase 1 and Phase 
2 GHG standards (76 FR 57106, 81 FR 73478). Many of these zero-emission 
technologies are available today, and the number of products available, 
as well as production volumes, are expected to accelerate in the next 
few years. EPA will assess the impact that these zero-emission 
technologies will have on the overall effectiveness of the Phase 2 
program and whether targeted adjustments to GHG standards in 2027 may 
be warranted. Beyond 2027, heavy-duty truck manufacturers are already 
signaling a large-scale migration from gasoline and diesel engines to 
zero-emission technologies in their products. With this action, EPA 
would revise GHG standards for all heavy-duty vehicles and engines to 
go beyond the existing standards and leverage zero-emission and other 
advanced technologies. These new GHG standards would apply to Model 
Years 2027-2030+.
     Multi-Pollutant Emissions Standards for Model Years 2027 
and Later Light-Duty and Medium-Duty Vehicles. Per EPA's authority 
under the CAA section 202(a), EPA will propose a comprehensive set of 
emissions standards for GHGs and criteria pollutants for the light-duty 
vehicle sector as well as the medium-duty vehicle Class 2B and 3 
sectors. The standards will begin with model year 2027, with stringency 
levels set at least through model year 2030. This action is also 
supported by E.O. 14037, titled ``Strengthening American Leadership in 
Clean Cars and Trucks.'' EPA will coordinate with the Department of 
Transportation in developing this proposal as appropriate.
     Volume Requirements for 2023 and Beyond under the 
Renewable Fuel Standard Program. CAA section 211 requires EPA to set 
renewable fuel percentage standards every year. In this action EPA 
would propose the standards for 2023-2025 for cellulosic biofuel, 
biomass-based diesel, advanced biofuel, and total renewable fuel. This 
action would also address a judicial remand of the 2016 standard-
setting rulemaking, as well as propose several regulatory changes and 
additions to the RFS program, including regulations governing the 
generation of Renewable Identification Numbers (RINs) representing 
renewable electricity (eRINs).
     Restrictions on Certain Uses of Hydrofluorocarbons under 
Subsection (i) of the American Innovation and Manufacturing Act. EPA is 
developing a proposed rule that will in part respond to eleven 
petitions for rulemaking granted in October 2021 under AIM Act 
subsection (i). Specifically, EPA is considering a rule restricting, 
fully, partially, or on a graduated schedule, the use HFCs in sectors 
or subsectors including the refrigeration, air conditioning, aerosol, 
and foam sectors, and establishing recordkeeping and reporting 
requirements, and addressing other related elements of the AIM Act. 
This proposal will facilitate and accelerate the phasedown of HFC 
consumption and production required by the AIM Act by restricting the 
use of HFCs where cost-effective substitutes are available.
     Phasedown of Hydrofluorocarbons: Updates to the Allowance 
Allocation and Trading Program under the American Innovation and 
Manufacturing Act for 2024 and Later Years. This rule will continue to 
implement the HFC phasedown under the AIM Act. In September 2021, EPA 
finalized a rule that established a framework for the allowance 
allocation and trading program to phase down HFC production and 
consumption over time, specifically determining an approach to allocate 
annual allowances for 2022 and 2023. To continue phasing down the 
production and consumption of listed HFCs on the schedule listed in the 
AIM Act, this rulemaking will determine an approach to allocating 
annual allowances in 2024 and later years and make adjustments based on 
the lessons learned from implementation of the framework rule.
     Management of Certain Hydrofluorocarbons and Substitutes 
under Subsection (h) of the American Innovation and Manufacturing Act 
of 2020. EPA is considering a rulemaking to establish requirements for 
management of certain HFCs and their substitutes under AIM Act 
subsection (h). Specifically, EPA is considering a rulemaking to 
establish regulations to

[[Page 11128]]

control, where appropriate, practices, processes, or activities 
regarding the servicing, repair, disposal, or installation of 
equipment, for the purpose of maximizing the reclamation and minimizing 
the release of certain HFCs from equipment and ensuring the safety of 
technicians and consumers. Among these practices, processes, and 
activities, EPA is considering applying leak repair requirements to 
certain equipment using HFCs and their substitutes as refrigerants in 
this rulemaking. EPA also intends to consider options to increase 
opportunities for reclaiming regulated substances used as refrigerants 
and potential approaches to coordinate regulations carrying out AIM Act 
subsection (h) with similar EPA regulations, such as the refrigerant 
management program established under CAA Title VI.

Ensure Clean and Healthy Air for All Communities

    All people regardless of race, ethnicity, national origin, or 
income deserve to breathe clean air. EPA has the responsibility to 
protect the health of vulnerable and sensitive populations, such as 
children, the elderly, and persons overburdened by pollution or 
adversely affected by persistent poverty or inequality. Since enactment 
of the CAA, EPA has made significant progress in reducing harmful air 
pollution even as the U.S. population and economy have grown. Between 
1970 and 2020, the combined emissions of six key pollutants dropped by 
78%, while the U.S. economy remained strong growing 272% over that time 
period. As required by the CAA, EPA will continue to build on this 
progress and work to ensure clean air for all Americans, including 
those in underserved and overburdened communities. Among other things, 
EPA will take regulatory action to review and implement health-based 
air quality standards for criteria pollutants such as particulate 
matter (PM); limit emissions of harmful air pollution from both 
stationary and mobile sources; address sources of hazardous air 
pollution (HAP), such as ethylene oxide, that disproportionately affect 
communities with environmental justice concerns; and protect downwind 
communities from sources of air pollution that cross state lines. Along 
with the full set of CAA actions listed in the regulatory agenda, the 
following high priority actions will allow EPA to continue its progress 
in reducing harmful air pollution.
     Ambient Air Quality Standards for Particulate Matter 
Reconsideration. Under the CAA, EPA is required to review and if 
appropriate revise the air quality criteria for the primary (health-
based) and secondary (welfare-based) national ambient air quality 
standards (NAAQS) every 5 years. In December 2020, EPA published its 
final decision in the review of the PM NAAQS, retaining the existing 
standard established in 2013. On June 10, 2021, EPA notified the public 
that it will reconsider the 2020 decision to retain the PM NAAQS 
because the available scientific evidence and technical information 
indicate that the current standards may not be adequate to protect 
public health and welfare, as required by the CAA. As part of this 
reconsideration, in May 2022 EPA released a Supplement to the 2019 p.m. 
ISA and a Policy Assessment which consider the most up-to-date science 
on the public health and welfare impacts of PM and were reviewed by the 
chartered Clean Air Scientific Advisory Committee (CASAC) and a newly 
constituted expert PM panel. EPA plans to issue a final decision on the 
reconsideration in Summer 2023.
     NESHAP: Coal- and Oil-Fired Electric Utility Steam 
Generating Units--Revocation of the 2020 Reconsideration, and 
Affirmation of the Appropriate and Necessary Supplemental Finding. In 
2012, EPA issued the National Emission Standards for Hazardous Air 
Pollutants (NESHAP) for Coal- and Oil-fired Electric Utility Generating 
Units (EGUs) rule (40 CFR part 63, subpart UUUUU), commonly referred to 
as the Mercury and Air Toxics Standards (MATS), which includes 
standards to control HAP emissions from new and existing coal- and oil-
fired steam EGUs located at both major and area sources of HAP 
emissions. As part of the 2012 rule, and as required by CAA section 
112(n), EPA found that it was appropriate and necessary to regulate 
coal- and oil-fired steam EGUs under CAA section 112. In a May 22, 
2020, action, EPA found that it is not appropriate and necessary to 
regulate coal- and oil-fired EGUs under CAA section 112. Consistent 
with Executive Order 13990, EPA is reviewing the May 22, 2020, finding. 
EPA issued a proposed revised reconsideration of the appropriate and 
necessary finding on February 9, 2022 (87 FR 7624).
     NESHAP: Coal- and Oil-Fired Electric Utility Steam 
Generating Units--Review of the Residual Risk and Technology Review. On 
February 16, 2012, EPA promulgated the MATS rule. On May 22, 2020, in 
the Federal Register notice announcing the completion of a 
reconsideration of the appropriate and necessary finding for MATS, EPA 
also finalized the residual risk and technology review (RTR) conducted 
for the Coal- and Oil-Fired EGU source category regulated under MATS 
(85 FR 31286). Consistent with Executive Order 13990, EPA will review 
the RTR portion of the May 22, 2020, final action and, under this 
action, will take appropriate action resulting from that review.
     Interstate Transport Rule for 2015 Ozone NAAQS. This 
action would apply in certain states for which EPA has either 
disapproved a ``good neighbor'' state implementation plan (SIP) 
submission under CAA section 110(a)(2)(D)(i)(I) or has made a finding 
of failure to submit such a SIP submission for the 2015 ozone NAAQS. 
This action would determine whether and to what extent upwind sources 
of ozone-precursor emissions need to reduce these emissions to prevent 
interference with downwind states' maintenance or attainment of the 
2015 8-hour ozone NAAQS. For upwind states that EPA determines to be 
linked to a downwind nonattainment or maintenance receptor, EPA would 
conduct further analysis to determine what (if any) additional 
emissions controls are required in such states and develop an 
enforceable program for implementation of such controls. On April 6, 
2022, EPA issued a proposed ``Federal Implementation Plan Addressing 
Regional Ozone Transport for the 2015 Ozone National Ambient Air 
Quality Standard'' (87 FR 20036). EPA expects to issue the final rule 
in March 2023.
     Control of Air Pollution from New Motor Vehicles: Heavy-
Duty Engine and Vehicle Standards. Heavy-duty engines have been subject 
to emission standards for criteria pollutants, including PM, 
hydrocarbon (HC), carbon monoxide (CO), and oxides of nitrogen 
(NOX), for nearly half a century. Current data suggest that 
existing standards should be revised to ensure full, in-use emission 
control. NOX emissions are major precursors of ozone and 
significant contributors to secondary PM2.5 formation. 
Reducing NOX emissions from on-highway, heavy-duty trucks 
and buses is an important component of improving air quality nationwide 
and reducing public health and welfare effects associated with these 
pollutants, especially for vulnerable populations and in highly 
impacted regions. On March 28, 2022, EPA published a proposed rule that 
would set new, more stringent standards to reduce pollution from heavy-
duty vehicles and engines starting in model year (MY) 2027 (87 FR 
17414). This proposal is consistent with President

[[Page 11129]]

Biden's Executive Order 14037, ``Strengthening American Leadership in 
Clean Cars and Trucks'' and would ensure the heavy-duty vehicles and 
engines that drive American commerce are as clean as possible while 
charting a path to advance zero-emission vehicles in the heavy-duty 
fleet.
     National Emission Standards for Hazardous Air Pollutants: 
Ethylene Oxide Commerical Sterilization and Fumigation Operations. In 
December 1994, pursuant to CAA section 112(d), EPA promulgated the 
NESHAP for Ethylene Oxide Commercial Sterilization and Fumigation 
Operations (59 FR 62585). The NESHAP established standards for both 
major and area sources. EPA completed a residual risk and technology 
review for the NESHAP in 2006 and, at that time, concluded that no 
revisions to the standards were necessary. In this action, EPA will 
conduct the second technology review for the NESHAP and assess 
potential updates to the rule. To aid in this effort, EPA issued an 
advance notice of proposed rulemaking (ANPRM) that solicited comment 
from stakeholders, undertook a Small Business Advocacy Review (SBAR) 
panel, which is needed when there is the potential for significant 
economic impacts to small businesses from any regulatory actions being 
considered and is conducting community outreach as part of the 
development of this action.
     Review of Final Rule Reclassification of Major Sources as 
Area Sources Under Section 112 of Clean Air Act. This rulemaking will 
address the review of the final rule, ``Reclassification of Major 
Sources as Area Sources Under Section 112 of the Clean Air Act'' (Major 
MACT to Area, or MM2A final rule). (85 FR 73854, November 19, 2020) 
Consistent with Executive Order 13990, EPA has decided to review the 
MM2A final rule as appropriate and consistent with the CAA section 112.
     Revisions to the Air Emission Reporting Requirements 
(AERR). This action proposes revisions to the existing AERR rule last 
revised on February 19, 2015 (80 FR 8787), and may include major 
revisions. EPA is considering how to improve the quality and 
completeness of HAP emissions data from stationary sources and all 
pollutant emissions from prescribed fires. Further, EPA is considering 
how best to quantify emissions from intermittent sources such as backup 
generators; how to obtain data from permitted facilities in Indian 
Country when a Tribe is not required to report emissions data; and how 
to address known data gaps, streamline processes, and improve data 
quality, documentation, and transparency for nonpoint and mobile 
sources.

Ensure Clean and Healthy Water for All Communities

    The Nation's water resources are the lifeblood of our communities, 
supporting our health, economy, and way of life. Clean and safe water 
is a vital resource that is essential to the protection of human 
health. EPA is committed to ensuring clean and safe water for all, 
including low-income communities and communities of color, children, 
the elderly, tribes, and indigenous people. Since the enactment of the 
Clean Water Act (CWA) and the Safe Drinking Water Act (SDWA), EPA and 
its state and tribal partners have made significant progress toward 
improving the quality of our waters and ensuring a safe drinking water 
supply. Along with the full set of water actions listed in the 
regulatory agenda, the regulatory initiatives listed below will help 
ensure that this important progress continues.
     Revised Definition of ``Waters of the United States''--
Rule 1: In April 2020, EPA and the Department of the Army (``the 
agencies'') published the Navigable Waters Protection Rule (NWPR) that 
revised the previously-codified definition of ``waters of the United 
States'' (85 FR 22250, April 21, 2020) Consistent with the directives 
of Executive Order 13990, the agencies reviewed the NWPR, and, as a 
result, the agencies initiated the development of regulations that are 
founded on the familiar framework of the pre-2015 regulations, are 
consistent with the statute and informed by relevant Supreme Court 
decisions, and that reflect a reasonable interpretation based on the 
record before the agencies, including the best available science. The 
proposal was open for public comment between December 2021 and February 
2022. It is planned that this rule will be finalized by the end of 
2022.
     Revised Definition of ``Waters of the United States''--
Rule 2: The agencies intend to pursue a second rule defining ''Waters 
of the United States'' to consider further revisions to the agencies' 
first rule. This second rule proposes to include revisions reflecting 
on additional stakeholder engagement and implementation considerations, 
scientific developments, litigation, and environmental justice values. 
This effort will also be informed by the experience of implementing the 
pre-2015 rule, the 2015 Clean Water Rule, and the 2020 Navigable Waters 
Protection Rule.
     Clean Water Act Section 401: Water Quality Certification. 
In accordance with Executive Order 13990, EPA has completed its review 
of the 2020 Clean Water Act section 401 Certification Rule (85 FR 
42210, July 13, 2020) and has determined that it erodes state and 
tribal authority as it relates to protecting water quality. Through the 
new rulemaking, EPA intends to restore the balance of state, tribal, 
and federal authorities while retaining elements that support efficient 
and effective implementation of CWA section 401. Congress provided 
authority to states and tribes under section 401 to protect the quality 
of their waters from adverse impacts resulting from federally licensed 
or permitted projects. Under section 401, a federal agency may not 
issue a license or permit to conduct any activity that may result in 
any discharge into navigable waters unless the affected state or tribe 
certifies that the discharge is in compliance with the CWA and state 
law or waives certification. EPA intends to strengthen the authority of 
states and tribes to protect their vital water resources. A proposed 
rule was released for public comment in June 2022. It is planned that 
this rule will be finalized in the spring of 2023.
     Effluent Limitations Guidelines and Standards for the 
Steam Electric Power Generating Point Source Category. On July 26, 
2021, EPA announced its decision to conduct a rulemaking to potentially 
strengthen the Steam Electric Effluent Limitations Guidelines (ELGs) 
(40 CFR 423). This rulemaking process could result in more stringent 
ELGs for waste streams addressed in the 2020 final rule, as well as 
waste streams not covered in the 2020 rule. The former could address 
petitioners' claims in current litigation pending in the Fourth Circuit 
Court of Appeals. Appalachian Voices v. EPA, No. 20-2187 (4th Cir.). 
EPA revised the Steam Electric ELGs in 2015 and 2020.
     Per- and polyfluoroalkyl substances (PFAS): 
Perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) 
National Primary Drinking Water Regulation Rulemaking. On March 3, 
2021, EPA published the Fourth Regulatory Determinations (86 FR 12272), 
including a determination to regulate perfluorooctanoic acid (PFOA) and 
perfluorooctanesulfonic acid (PFOS) in drinking water. EPA intends to 
develop a proposed national primary drinking water regulation (NPDWR) 
for PFOA and PFOS, and, as appropriate, take final action. 
Additionally, EPA will continue to consider other PFAS as part of this 
action. EPA expects to issue the proposed PFAS NPDWR in Fall 2022. The 
Agency anticipates issuing a final regulation in Fall 2023 after 
considering public comments on the proposal.

[[Page 11130]]

     National Primary Drinking Water Regulations for Lead and 
Copper: Regulatory Revisions. EPA promulgated the final Lead and Copper 
Rule Revision (LCRR) on January 15, 2021, (86 FR 4198) and subsequently 
reviewed those revisions to further evaluate if the LCRR protected 
families and communities (86 FR 71574; December 17, 2021) particularly 
those that have been disproportionately impacted by lead in drinking 
water. Through this review, the Agency concluded that there are 
significant opportunities to improve the LCRR. EPA is developing a new 
proposed NPDWR, the Lead and Copper Rule Improvements (LCRI), to 
strengthen the regulatory framework and address lead in drinking water.
     Federal Baseline Water Quality Standards for Indian 
Reservations. EPA is developing a proposed rule to establish tribal 
baseline water quality standards (WQS) for waters on Indian 
reservations that do not have WQS under the CWA. The development of 
this rule will help advance President Biden's commitment to 
strengthening the nation-to-nation relationships with Indian Country. 
Fifty years after enactment of the CWA, over 80% of Indian reservations 
do not have this foundational protection expected by Congress as laid 
out in the CWA for their waters. Addressing this lack of CWA-effective 
WQS for the waters of more than 250 Indian reservations is a priority 
for EPA, given that WQS are central to implementing the water quality 
framework of the CWA. Promulgating baseline WQS would provide more 
scientific rigor and regulatory certainty to National Pollutant 
Discharge Elimination System (NPDES) permits for discharges to these 
waters. Consistent with EPA's regulations, the baseline WQS would 
include designated uses, water quality criteria to protect those uses, 
and antidegradation policies to protect high quality waters. EPA has 
consulted with tribes and will continue to do so.
     Water Quality Standards Regulatory Revisions to Protect 
Tribal Reserved Rights. Many tribes hold reserved rights to resources 
on lands and waters where states establish WQS, through treaties, 
statutes, or other sources of federal law. The U.S. Constitution 
defines treaties as the supreme law of the land. EPA is pursuing a 
change to its WQS regulations to ensure that WQS do not impair tribal 
reserved rights by giving clear direction on how to develop WQS where 
tribes hold reserved rights. This will help EPA ensure protection of 
resources reserved to tribes in treaties, statutes, or other sources of 
federal law when establishing, revising, and reviewing WQS. The 
development of this rule will help advance President Biden's commitment 
to strengthening the nation-to-nation relationships with tribes. EPA 
has and will continue to consult with tribes.

Safeguard and Revitalize Communities

    EPA works to improve the health and livelihood of all Americans by 
cleaning up and returning land to productive use, preventing 
contamination, and responding to emergencies. EPA collaborates with 
other federal agencies, industry, states, tribes, and local communities 
to enhance the livability and economic vitality of neighborhoods. 
Challenging and complex environmental problems persist at many 
contaminated properties, including contaminated soil, sediment, surface 
water, and groundwater that can cause human health concerns. EPA acts 
under several different statutory authorities, including the Resource 
Conservation and Recovery Act (RCRA), and the Comprehensive 
Environmental Response, Compensation, and Liability Act (CERCLA). EPA's 
regulatory program works to incorporate new technologies and approaches 
to cleaning up land to provide for an environmentally sustainable 
future more efficiently and effectively, as well as to strengthen 
climate resilience and to integrate environmental justice and equitable 
development when returning sites to productive use. Along with the 
other land and emergency management actions in the regulatory agenda, 
EPA will take the following priority actions to address the 
contamination of soil, sediment, surface water, and groundwater.
     PFAS: RCRA Listing and CERCLA Designation. Based on public 
health and environmental protection concerns and in response to 
petitions from the Governor of New Mexico, Public Employees for 
Environmental Responsibility, and Berkeley School of Law on behalf of 
five other organizations, which request EPA to take regulatory action 
on PFAS under RCRA, EPA is evaluating the existing toxicity and health 
effects data on four PFAS constituents to determine if they should be 
listed as RCRA Hazardous Constituents. If the existing data for the 
four PFAS constituents support listing any or all of these constituents 
as RCRA hazardous constituents, EPA will propose to list the 
constituents in a Federal Register notice for public comment. The four 
PFAS chemicals EPA will evaluate are: PFOA, PFOS, perfluorobutane 
sulfonic acid (PFBS), and hexafluoropropylene oxide dimer acid (HFPO-
DA, or and GenX).
    On October 18, 2021, EPA released its PFAS Strategic Roadmap which 
builds on and accelerates implementation of existing plans to address 
PFAS and commits to bolder new policies to address PFAS in the 
environment. EPA is developing an Advance Notice of Proposed Rulemaking 
in which the Agency will seek public input on further PFAS-related 
designations under CERCLA. As examples, the Agency may request input 
regarding the potential hazardous substance designation of additional 
PFAS; and designation, or designations of classes or sub-classes of 
PFAS as hazardous substances.
     Hazardous and Solid Waste Management System: Addressing 
Coal Combustion Residues from Electric Utilities. On April 17, 2015, 
EPA promulgated national minimum criteria for existing and new coal 
combustion residuals (CCR) landfills and existing and new CCR surface 
impoundments. On August 21, 2018, the D.C. Circuit Court of Appeals 
issued its opinion in the case of Utility Solid Waste Activities Group, 
et al v. EPA, which vacated and remanded certain provisions of the 2015 
rule.
    The D.C. Circuit vacated and remanded the provision that exempted 
inactive impoundments at inactive facilities from the CCR rule. EPA is 
developing regulations to implement this part of the court decision for 
inactive CCR surface impoundments at inactive utilities, or ``legacy 
units''. This proposal may include adding a new definition for legacy 
CCR surface impoundments. EPA may also propose to require such legacy 
CCR surface impoundments to follow existing regulatory requirements for 
fugitive dust, groundwater monitoring, and closure, or other technical 
requirements. Finally, EPA is considering proposing corrective action 
requirements for all CCR contamination (regardless of how or when that 
CCR was placed) on site of a regulated facility.
    The D.C. Circuit also vacated and remanded provisions related to 
the closure of unlined impoundments and classifying ``clay-lined'' 
impoundments as lined. On March 3, 2020, EPA proposed a number of 
revisions and flexibilities to the CCR regulations. In particular, EPA 
proposed the following revisions: (1) Procedures to allow facilities to 
request approval to use an alternate liner for CCR surface 
impoundments; (2) Two co-proposed options to allow the use of CCR 
during unit closure; (3) An additional closure option for CCR units 
being closed by removal of CCR; and (4) Requirements for annual closure 
progress reports. EPA has since taken final action on one of

[[Page 11131]]

the four proposed issues. Specifically, on November 12, 2020, EPA 
issued a final rule that would allow a limited number of facilities to 
demonstrate to EPA that based on groundwater data and the design of a 
particular surface impoundment, the unit has and will continue to have 
no probability of adverse effects on human health and the environment 
(85 FR 72506). EPA is developing a rulemaking that would consider 
taking final action on the remaining proposed issues.
    The Water Infrastructure Improvements for the Nation (WIIN) Act 
established a new CCR regulatory structure under which states may seek 
approval from EPA to operate a permitting program that would regulate 
CCR facilities within their state; if approved, the state program would 
operate in lieu of the federal requirements. The WIIN Act requires that 
such state programs must ensure that facilities comply with either the 
federal regulations or with state requirements that EPA has determined 
are ``at least as protective as'' the federal regulations. Furthermore, 
the WIIN Act established a requirement for EPA to establish a federal 
permit program for the disposal of CCR in Indian Country and in 
``nonparticipating'' states, contingent upon Congressional 
appropriations. In March 2018 (Pub. L. 115-141) and March 2019 (Pub. L. 
116-6), Congress appropriated funding for federal CCR permitting. The 
final rule would establish a new federal permitting program for 
disposal of CCR. The potentially regulated universe is limited to 
facilities with CCR disposal units subject to regulation under 40 CFR 
part 257 subpart D, which are located in Indian Country and in 
nonparticipating states. Remaining CCR facilities would be regulated by 
an approved state program and would not be subject to federal 
permitting requirements.
    Accidental Release Prevention Requirements: Risk Management Program 
(RMP) under the Clean Air Act; Retrospection. In accordance with 
Executive Order 13990, EPA is revising the RMP regulations, which 
implement the requirements of CAA section 112(r)(7). RMP requires 
facilities that use extremely hazardous substances to develop a Risk 
Management Plan. In 2019, EPA finalized a reconsideration of the RMP 
regulations that eliminated many of the major incident prevention 
initiatives that had been established in 2017 amendments to the rule. 
EPA is developing a regulatory action to revise the current RMP 
regulations. EPA will consider the administration's priorities and 
focus on regulatory revisions completed since 2017. EPA will also 
consider stakeholder feedback received from RMP public listening 
sessions held on June 16 and July 8, 2021.
     Reporting Requirements for Emissions from Animal Waste 
under the Emergency Planning and Community Right-to-Know Act. EPA is 
considering rescinding the June 13, 2019, final rule, which exempted 
reporting of air emissions from animal waste under the Emergency 
Planning and Community Right-to-Know Act (EPCRA). On March 23, 2018, 
the President signed into law the ``Fair Agricultural Reporting Method 
Act'' or the ``FARM Act.'' The FARM Act expressly exempts reporting of 
air emissions from animal waste (including decomposing animal waste) at 
a farm from CERCLA section 103. In the June 13, 2019, final rule, the 
Agency applied the CERCLA exemption to reporting under EPCRA. The 
Agency is now reconsidering that action.
     Revisions to Standards for the Open Burning/Open 
Detonation of Waste Explosives. This rulemaking will consider revisions 
to the regulations that allow for the open burning and detonation (OB/
OD) of waste explosives. The allowance or ``variance'' to the 
prohibition on the open burning of hazardous waste was established at a 
time when there were no alternatives to the safe disposal of waste 
explosives. However, recent findings from the National Academies of 
Sciences, Engineering, and Medicine and EPA have determined that safe 
alternatives are now available for many energetic/explosive waste 
streams. Because there are safe alternatives in use today that capture 
and treat emissions prior to release, EPA is considering revising 
regulations to promote the broader use of these alternatives, where 
applicable.
     Definition of Hazardous Waste Applicable to Corrective 
Action for Solid Waste Management Units. EPA is considering a proposed 
rule that would modify the regulations at 40 CFR part 264 to clarify 
that the definition of hazardous waste found in RCRA section 1004(5) is 
applicable to corrective action for releases from solid waste 
management units. The proposed rule would more clearly implement EPA's 
longstanding interpretation of its authority under RCRA section 3004(u) 
and (v).

Ensure Safety of Chemicals for People and the Environment

    EPA is responsible for ensuring the safety of chemicals and 
pesticides for all people at all life stages. Chemicals and pesticides 
released into the environment as a result their manufacture, 
processing, distribution, use, or disposal can threaten human health 
and the environment. EPA gathers and assesses information about the 
risks associated with chemicals and pesticides and acts to minimize 
risks and prevent unreasonable risks to individuals, families, and the 
environment. EPA acts under several different statutory authorities, 
including the Federal Insecticide, Fungicide and Rodenticide Act 
(FIFRA), the Federal Food, Drug and Cosmetic Act (FFDCA), the Toxic 
Substances Control Act (TSCA), the Emergency Planning and Community 
Right-to-Know-Act (EPCRA), and the Pollution Prevention Act (PPA). 
Using best available science, the Agency will continue to satisfy its 
overall directives under these authorities and highlights the following 
rulemakings intended for release in FY2023:
     Collecting Data to Better Understand the Environmental and 
Human Health Impacts of Perfluorooctanoic and Perfluorooctanesulfonic 
Acids. As part of the actions identified in the PFAS Strategic Roadmap 
that the EPA Administrator announced on October 18, 2021, the Agency is 
considering whether to add certain PFAS chemicals to the list of 
chemicals required to report to the Toxics Release Inventory (TRI) 
Program under EPCRA section 313, and whether to remove TRI reporting 
exemptions and exclusions for PFAS. TRI information may be helpful to 
inform decision-making by communities, government agencies, companies 
and others.
    Also identified in the 2021 PFAS Strategic Roadmap, the Agency is 
developing a proposal for a significant new use rule (SNUR) under TSCA 
section 5(a) for PFAS that are designated as ``Inactive'' on the TSCA 
Inventory. Such a rule would ensure that EPA is notified at least 90 
days before the manufacture or processing of legacy PFAS designated as 
``inactive'' on the TSCA Inventory for any use that EPA might determine 
in the rulemaking is a significant new use. The required notification 
initiates EPA's evaluation of the intended use within the applicable 
review period. Manufacture and processing for the significant new use 
would be unable to commence until EPA has conducted a review of the 
submitted notice, made an appropriate determination on the notice, and 
taken such actions as are required in association with that 
determination. EPA intends to issue the proposal in the first quarter 
of FY 2023.
    Finally, the Agency is developing a final rule to establish 
reporting and recordkeeping requirements for persons that manufacture 
(including import) or have manufactured these chemical

[[Page 11132]]

substances in any year since January 1, 2011, in accordance with TSCA 
section 8(a)(7) and the 2021 PFAS Roadmap. The information received by 
EPA in response to the final rule is expected to support the Agency's 
efforts to better characterize the sources and quantities of 
manufactured PFAS in the United States. EPA expects to promulgate the 
final rule in early 2023.
     Addressing the Unreasonable Risk of Existing Chemical 
Substances under TSCA. Upon determining that an existing chemical 
presents an unreasonable risk of injury to health or the environment, 
the Agency must immediately initiate an action to apply, by rule, 
requirements under TSCA to eliminate the unreasonable risk. EPA may 
consider a range of risk management options under TSCA in such a rule, 
including labeling, recordkeeping or notice requirements, actions to 
reduce human exposure or environmental release, or a ban of the 
chemical or of certain uses. After determining that the chemical 
substances present unreasonable risk under their conditions of use, the 
Agency intends to promulgate a final rule addressing the unreasonable 
risks of chrysotile asbestos (RIN 2070-AK86) in the coming year and 
also expects to propose risk management regulations for Methylene 
Chloride (RIN 2070-AK70), 1-Bromopropane (RIN 2070-AK73), Carbon 
Tetrachloride (RIN 2070-AK82), Trichloroethylene (RIN 2070-AK83), 
Perchloroethylene (RIN 2070-AK84), and N-Methylpyrrolidone (RIN 2070-
AK85) throughout 2023.
     Improving Procedures for Assessing the Risks of New and 
Existing Chemical Substances and Mixtures under TSCA. As amended in 
2016, TSCA requires EPA to assess the risks of each new chemical 
substance for which a notice was received under TSCA section 5(a)(1) of 
the law make an affirmative determination on whether such a new 
chemical substance presents an unreasonable risk to human health or the 
environment under known, intended or reasonably foreseen conditions of 
use before the submitter may commence manufacturing or processing of 
the chemical substance that is the subject of the submitted notice, and 
to take action as required in association with the determination. EPA 
is developing a proposed rule to amend the new chemicals procedural 
regulations in 40 CFR parts 720, 723, and 725 for the purpose of 
aligning EPA's processes and procedures with the 2016 TSCA amendments 
and to clarify and improve the efficiency of the Agency's review 
process. The major objectives of the proposed rule are to increase the 
quality of information initially submitted in new chemicals notices, 
ensure that the Agency's processes result in the timely, effective 
completion of new chemical risk assessments, and improve EPA's existing 
practices related to the review of certain groups of chemical 
substances under Pre-Manufacture Notification (PMN) exemptions.
    The 2016 TSCA amendments require EPA to evaluate the safety of 
existing chemicals via a three-stage process: prioritization, risk 
evaluation, and risk management. EPA first prioritizes chemicals as 
either high- or low-priority for risk evaluation. EPA evaluates high-
priority chemicals for unreasonable risk. Consistent with the 
directives of Executive Order 13990, EPA reviewed the TSCA risk 
evaluations issued for the first 10 chemicals and, as a result, intends 
to implement policy changes to ensure the Agency is protecting human 
health and the environment under the requirements of TSCA. EPA is in 
the process of reissuing unreasonable risk determinations for several 
of the first 10 chemicals that reflect, as appropriate, a determination 
that a whole chemical substance presents an unreasonable risk of injury 
to health when evaluated under its conditions of use rather than making 
a risk determination for each of the specific conditions of use of a 
chemical substance. In addition, the Agency's approach to the risk 
determination will no longer involve an assumption that all workers 
always appropriately wear personal protective equipment.
    As EPA continues to implement the 2016 TSCA amendments and in 
consideration of Executive Order 13990, the Agency also intends to 
propose to amend a 2017 final rule that established a process for 
conducting existing chemical risk evaluations under TSCA. The proposed 
rule is expected to address requirements for manufacturer-requested 
risk evaluations and related information-gathering provisions, 
provisions addressing violations and penalties, and other rule changes 
based on lessons learned in the process carrying out the first 10 TSCA 
risk evaluations.
     Updating Certain Pesticide Exemptions to Reflect Newer 
Technologies. To fulfill the requirement in section 4(b) of Executive 
Order 13874, entitled ``Modernizing the Regulatory Framework for 
Agricultural Biotechnology Products'' (84 FR 27899, June 14, 2019), EPA 
intends to finalize updates to the existing exemptions from regulation 
under FIFRA and FFDCA for certain plant incorporated protectant (PIP) 
products to reflect newer technologies, i.e., the exemptions are from 
the requirements to obtain a pesticide registration under FIFRA and 
establish a tolerance or tolerance exemption for residues in or on food 
commodities under FFDCA. EPA regulations define a PIP as a pesticidal 
substance that is intended to be produced and used in a living plant, 
or in the produce thereof, and the genetic material necessary for 
production of such a pesticidal substance. It also includes any inert 
ingredient contained in the plant or produce thereof. EPA currently 
regulates all PIPs except those exempted by regulation. In October 
2020, EPA proposed to allow certain PIPs created through biotechnology 
to also be exempt under existing regulations, in cases where those PIPs 
(1) pose no greater risk than PIPs that meet EPA safety requirements, 
and (2) could have otherwise been created through conventional 
breeding. EPA also proposed a process through which developers of PIPs 
based on sexually compatible plants created through biotechnology 
submit either a self-determination letter or request for EPA 
confirmation that their PIP meets the criteria for exemption. EPA 
intends to promulgate a final rule in 2023.
     Reevaluating Changes to the Dust-Lead Hazard Standards and 
Dust-Lead Post-Abatement Clearance Levels under TSCA. The Agency's 
dust-lead hazard standards (DLHS) provide the basis for risk assessors 
to determine whether dust-lead hazards are present, and apply to target 
housing (i.e., most pre-1978 housing) and child-occupied facilities 
(pre-1978 non-residential properties where children 6 years of age or 
under spend a significant amount of time such as daycare centers and 
kindergartens). EPA's dust-lead clearance levels (DLCL) indicate the 
amount of lead in dust on a surface following the completion of an 
abatement activity. On July 9, 2019, EPA promulgated a final rule to 
lower the DLHS, and on January 6, 2021, EPA promulgated a final rule to 
lower the DLCL. The Agency is now considering further revisions of the 
DLHS and DLCL to bolster the protection of children's health and to 
further reduce lead exposures in overburdened communities in 
consideration of the directives of Executive Order 13990. In addition, 
on May 14, 2021, the United States Court of Appeals for the Ninth 
Circuit issued an opinion to remand without vacatur the 2019 DLHS final 
rule and directed EPA to reconsider the 2019 DLHS rule in conjunction 
with a reconsideration of the DLCL. EPA expects to propose additional 
revisions to the DLHS and DLCL in early 2023.

[[Page 11133]]

Rules Expected To Affect Small Entities

    By better coordinating small business activities, EPA aims to 
improve its technical assistance and outreach efforts, minimize burdens 
to small businesses in its regulations, and simplify small businesses' 
participation in its voluntary programs. Actions that may affect small 
entities can be tracked on EPA's Regulatory Flexibility website 
(https://www.epa.gov/reg-flex) at any time.

EPA--OFFICE OF AIR AND RADIATION (OAR)

Prerule Stage

167.  Phasedown of Hydrofluorocarbons: Management of Certain 
Hydrofluorocarbons and Substitutes Under Subsection (h) of the American 
Innovation and Manufacturing Act of 2020 [2060-AV84]

    Priority: Other Significant. Major status under 5 U.S.C. 801 is 
undetermined.
    Unfunded Mandates: Undetermined.
    Legal Authority: 42 U.S.C. 7675
    CFR Citation: 40 CFR 84.
    Legal Deadline: None.
    Abstract: EPA is considering a rulemaking to establish requirements 
for management of certain hydrofluorocarbons (HFCs) and their 
substitutes under the American Innovation and Manufacturing (AIM) Act 
of 2020 (42 U.S.C. 7675). Specifically, EPA is considering a rulemaking 
under subsection (h) of the AIM Act to establish regulations to 
control, where appropriate, practices, processes, or activities 
regarding the servicing, repair, disposal, or installation of 
equipment, for the purpose of maximizing the reclamation and minimizing 
the release of certain HFCs from equipment and ensuring the safety of 
technicians and consumers. Among these practices, processes, and 
activities, EPA is considering applying leak repair requirements to 
certain equipment using HFCs and their substitutes as refrigerants in 
this rulemaking. EPA also intends to consider options to increase 
opportunities for reclaiming regulated substances used as refrigerants 
and potential approaches to coordinate regulations carrying out 
subsection (h) of the AIM Act with similar EPA regulations, such as the 
refrigerant management program established under Title VI of the Clean 
Air Act.
    Statement of Need: This rule is required to meet the statutory 
provisions of subsection (h) of the American Innovation and 
Manufacturing (AIM) Act of 2020.
    Summary of Legal Basis: The American Innovation and Manufacturing 
(AIM) Act, enacted on December 27, 2020, provides EPA new authorities 
to address hydrofluorocarbons (HFCs) in three main areas: phasing down 
the production and consumption of listed HFCs, maximizing reclamation 
and minimizing releases of these HFCs and their substitutes in 
equipment (e.g., refrigerators and air conditioners), and facilitating 
the transition to next-generation technologies by restricting the use 
of HFCs in particular sectors or subsectors. Subsection (h) of the AIM 
Act requires EPA to establish regulations to control, where 
appropriate, practices, processes, or activities regarding the 
servicing, repair, disposal, or installation of equipment, for the 
purpose of maximizing the reclamation and minimizing the release of 
certain HFCs from equipment and ensuring the safety of technicians and 
consumers. Among these practices, processes, and activities, EPA is 
considering applying leak repair requirements to certain equipment 
using HFCs and their substitutes as refrigerants in this rulemaking.
    Alternatives: Subsection (h) of the AIM Act requires EPA to 
promulgate regulations to control, where appropriate, practices, 
processes, or activities regarding the servicing, repair, disposal, or 
installation of equipment. The AIM Act allows EPA to consider 
coordinating any regulations promulgated under subsection (h) with any 
regulations promulgated by EPA that involve a similar practice, 
process, or activity regarding the servicing, repair, disposal, or 
installation of equipment; or reclaiming.
    Anticipated Cost and Benefits: The Agency will prepare a Regulatory 
Impact Analysis (RIA) to provide the public with estimated potential 
costs and benefits of this action.
    Risks: EPA is still evaluating the scope and risks associated with 
a prospective rule.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Notice..............................   12/00/22
NPRM................................   09/00/23
Final Rule..........................   09/00/24
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Undetermined.
    Government Levels Affected: Federal.
    Federalism: Undetermined.
    Agency Contact: Annie Kee, Environmental Protection Agency, Office 
of Air and Radiation, 1200 Pennsylvania Ave. NW, Washington, DC 20460, 
Phone: 202 564-2056, Email: [email protected].
    Christian Wisniewski, Environmental Protection Agency, Office of 
Air and Radiation, 1200 Pennsylvania Ave. NW, Washington, DC 20460, 
Phone: 202 564-0417, Email: [email protected].
    RIN: 2060-AV84

EPA--OFFICE OF LAND AND EMERGENCY MANAGEMENT (OLEM)

Prerule Stage

168. PFAS-Related Designations as CERCLA Hazardous Substances [2050-
AH25]

    Priority: Other Significant.
    Legal Authority: 42 U.S.C. 9602
    CFR Citation: 40 CFR 302.
    Legal Deadline: None.
    Abstract: On October 18, 2021, EPA released its PFAS Strategic 
Roadmap which builds on and accelerates implementation of existing 
plans to address PFAS and commits to bolder new policies to address 
PFAS in the environment. The EPA is developing an Advance Notice of 
Proposed Rulemaking in which the Agency will seek public input on 
further PFAS-related designations under CERCLA. As examples, the Agency 
may request input regarding the potential hazardous substance 
designation of additional PFAS; and designation, or designations of 
classes or sub-classes of PFAS as hazardous substances.
    Statement of Need: EPA plans to publish in the Federal Register an 
advance notice of proposed rulemaking requesting public input on 
whether the agency should consider designating as hazardous substances 
precursors to PFOA and PFOS, whether the agency should consider 
designating other PFAS as CERCLA hazardous substances and whether there 
is information that would allow the agency to designate PFAS as a class 
or subclass.
    Summary of Legal Basis: Not evaluated.
    Alternatives: Not evaluated.
    Anticipated Cost and Benefits: Not evaluated.
    Risks: Not evaluated.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
ANPRM...............................   02/00/23
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.

[[Page 11134]]

    Small Entities Affected: Businesses, Governmental Jurisdictions, 
Organizations.
    Government Levels Affected: Tribal, State, Federal, Local.
    Sectors Affected: 488119 Other Airport Operations; 811192 Car 
Washes; 322121 Paper (except Newsprint) Mills; 332813 Electroplating, 
Plating, Polishing, Anodizing, and Coloring; 325510 Paint and Coating 
Manufacturing; 314110 Carpet and Rug Mills; 922160 Fire Protection; 
322130 Paperboard Mills; 325998 All Other Miscellaneous Chemical 
Product and Preparation Manufacturing; 562212 Solid Waste Landfill; 
325992 Photographic Film, Paper, Plate, and Chemical Manufacturing; 
324110 Petroleum Refineries; 424710 Petroleum Bulk Stations and 
Terminals.
    Agency Contact: Michelle Schutz, Environmental Protection Agency, 
Office of Land and Emergency Management, 1200 Pennsylvania Avenue NW, 
Washington, DC 20460, Phone: 703 603-8708, Email: 
[email protected].
    RIN: 2050-AH25

EPA--OFFICE OF AIR AND RADIATION (OAR)

Proposed Rule Stage

169. National Emission Standards for Hazardous Air Pollutants: Ethylene 
Oxide Commercial Sterilization and Fumigation Operations [2060-AU37]

    Priority: Economically Significant. Major under 5 U.S.C. 801.
    Legal Authority: secs. 112 and 307(d)(7)(B) of the CAA as amended 
(42 U.S.C. 7412 and 7607(d)(7)(B)). This action is also subject to 
section 307(d) of the CAA (42 U.S.C. 7607(d)); 42 U.S.C. 7414, 7601
    CFR Citation: 40 CFR 63, subpart O.
    Legal Deadline: None.
    Abstract: In December 1994, pursuant to section 112(d) of the CAA, 
EPA promulgated the National Emission Standards for Hazardous Air 
Pollutants (NESHAP) for Ethylene Oxide Commercial Sterilization and 
Fumigation Operations (59 FR 62585). The NESHAP established standards 
for both major and area sources. EPA completed a residual risk and 
technology review for the NESHAP in 2006 and, at that time, concluded 
that no revisions to the standards were necessary. In this action, EPA 
will conduct the second technology review for the NESHAP and assess 
potential updates to the rule. To aid in this effort, EPA issued an 
advance notice of proposed rulemaking (ANPRM) that solicited comment 
from stakeholders, undertook a Small Business Advocacy Review (SBAR) 
panel, which is needed when there is the potential for significant 
economic impacts to small businesses from any regulatory actions being 
considered and is conducting community outreach as part of the 
development of this action.
    Statement of Need: The National Air Toxics Assessment (NATA) 
released in August 2018 identified ethylene oxide (EtO) emissions as a 
potential concern in several areas across the country. The latest NATA 
estimates that EtO significantly contributes to potential elevated 
cancer risks in some census tracts. These elevated risks are largely 
driven by an EPA risk value that was updated in December 2016. Further 
investigation on NATA inputs and results led to the EPA identifying 
commercial sterilization using EtO as a source category contributing to 
some of these risks. Over the past two years, the EPA has been 
gathering additional information to help evaluate opportunities to 
reduce EtO emissions in this source category through potential NESHAP 
revisions. In this rule, EPA will address EtO emissions from commercial 
sterilizers.
    Summary of Legal Basis: CAA section 112, 42 U.S.C. 7412, provides 
the legal framework and basis for regulatory actions addressing 
emissions of hazardous air pollutants from stationary sources. CAA 
section 112(d)(6) requires EPA to review, and revise as necessary, 
emission standards promulgated under CAA section 112(d) at least every 
8 years, considering developments in practices, processes, and control 
technologies.
    Alternatives: EPA is evaluating various options for reducing EtO 
emissions from commercial sterilizers under the NESHAP, such as 
pollution control equipment, reducing fugitive emissions, or 
monitoring.
    Anticipated Cost and Benefits: Based on conversations with 
regulated entities who have been working to reduce emissions, the 
potential costs of controlling some emissions sources could be 
substantial.
    Risks: As part of this rulemaking, EPA has been updating 
information regarding EtO emissions and the specific emission points 
within the source category. Preliminary analyses suggest that fugitive 
emissions from commercial sterilizers may substantially contribute to 
health risks associated with exposure to EtO.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
ANPRM...............................   12/12/19  84 FR 67889
NPRM................................   03/00/23
Final Rule..........................   10/00/23
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Small Entities Affected: Businesses.
    Government Levels Affected: None.
    Additional Information: EPA-HQ-OAR-2019-0178.
    Sectors Affected: 311423 Dried and Dehydrated Food Manufacturing; 
33911 Medical Equipment and Supplies Manufacturing; 561910 Packaging 
and Labeling Services; 325412 Pharmaceutical Preparation Manufacturing; 
311942 Spice and Extract Manufacturing.
    Agency Contact: Jon Witt, Environmental Protection Agency, Office 
of Air and Radiation, 109 T.W. Alexander Drive, Mail Code E143-05, 
Research Triangle Park, NC 27709, Phone: 919 541-5645, Email: 
[email protected].
    Steve Fruh, Environmental Protection Agency, Office of Air and 
Radiation, E143-01, 109 T.W. Alexander Drive, Research Triangle Park, 
NC 27711, Phone: 919 541-2837, Email: [email protected].
    RIN: 2060-AU37

EPA--OAR

170. Amendments to the NSPS for GHG Emissions From New, Modified, & 
Reconstructed Stationary Sources: EGUS [2060-AV09]

    Priority: Other Significant. Major status under 5 U.S.C. 801 is 
undetermined.
    Unfunded Mandates: Undetermined.
    Legal Authority: 42 U.S.C. 7411 Clean Air Act; 42 U.S.C. 7414, 7601
    CFR Citation: 40 CFR 60, subpart TTTT.
    Legal Deadline: None.
    Abstract: Under CAA section 111(b), EPA sets New Source Performance 
Standards (NSPS) for GHG emissions from new, modified, and 
reconstructed fossil fuel-fired power plants. In 2015, EPA finalized 
regulations to limit GHG emissions from new fossil-fuel fired utility 
boilers and from natural gas-fired stationary combustion turbines. That 
rulemaking determined that the best system of emission reduction (BSER) 
for greenhouse gases (GHGs) for newly constructed coal-fired steam 
generating units (i.e., EGUs) is efficient generation in combination 
with partial carbon capture and storage, the BSER for natural gas-fired 
base load combustion turbine EGUs is efficient generation (i.e.,

[[Page 11135]]

the use of combined cycle technology), and the BSER for non-base load 
and multi-fuel-fired combustion turbine EGUs is the use of clean fuels. 
In 2018, EPA proposed to revise the BSER for coal fired EGUs to be 
efficient generation. To date, that proposed action has not been 
finalized. The purpose of this action is to conduct a comprehensive 
review of the NSPS and, if appropriate, amend the emission standards 
for new fossil fuel fired EGUs. EPA anticipates issuing a proposed rule 
in spring 2023, and promulgating a final rule by Summer 2024.
    Statement of Need: New EGUs are a significant source of GHG 
emissions. This action will evaluate options to reduce those emissions.
    Summary of Legal Basis: Clean Air Act section 111(b) provides the 
legal framework for establishing greenhouse gas emission standards for 
new electric generating units.
    Alternatives: EPA evaluated several options for reducing GHG 
emissions from new EGUs.
    Anticipated Cost and Benefits: Undetermined.
    Risks: Undetermined.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   04/00/23
Final Rule..........................   06/00/24
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Undetermined.
    Government Levels Affected: Undetermined.
    Federalism: Undetermined.
    Additional Information:
    Sectors Affected: 22111 Electric Power Generation; 221112 Fossil 
Fuel Electric Power Generation.
    Agency Contact: Christian Fellner, Environmental Protection Agency, 
Office of Air and Radiation, 109 T.W. Alexander Drive, Mail Code D243-
01, Research Triangle Park, NC 27711, Phone: 919 541-4003, Fax: 919 
541-4991, Email: [email protected].
    Nick Hutson, Environmental Protection Agency, Office of Air and 
Radiation, 109 T.W. Alexander Drive, Mail Code D243-01, Research 
Triangle Park, NC 27711, Phone: 919 541-2968, Fax: 919 541-4991, Email: 
[email protected].
    Related RIN: Related to 2060-AT56
    RIN: 2060-AV09

EPA--OAR

171. Emission Guidelines for Greenhouse Gas Emissions From Fossil Fuel-
Fired Existing Electric Generating Units [2060-AV10]

    Priority: Other Significant. Major status under 5 U.S.C. 801 is 
undetermined.
    Legal Authority: 42 U.S.C. 7411 Clean Air Act; 42 U.S.C. 7414, 7601
    CFR Citation: 40 CFR 60, subpart UUUUa.
    Legal Deadline: None.
    Abstract: Fossil fuel-fired power plants are the nation's second 
largest source of GHG pollution. On August 3, 2015, EPA promulgated its 
first emission guideline regulating greenhouse gases (GHGs) from 
existing fossil fuel-fired electric generating units (EGUs) in the 
Clean Power Plan (40 CFR part 60 UUUU), which was subsequently stayed 
by the U.S. Supreme Court. On June 19, 2019 EPA issued a new rule, the 
Affordable Clean Energy Rule (40 CFR part 60, subpart UUUUa) and a 
repeal of the Clean Power Plan. On January 19, 2021, the D.C. Circuit 
Court vacated the Affordable Clean Energy Rule and remanded the rule to 
EPA for further consideration consistent with its decision. On February 
12, 2021, considering the D.C. Circuit's decision, the EPA published a 
memorandum on the status of the Affordable Clean Energy rule and 
informed states not to continue the development or submittal of state 
plans in accordance with CAA section 111(d) guidelines for GHG 
emissions from power plants at this time. The U.S. Supreme Court then 
overturned the D.C. Circuit's decision in the WV v. EPA opinion in June 
2022. EPA is considering the implications of this U.S. Supreme Court 
decision and is now undertaking a new rulemaking to establish emission 
guidelines under CAA 111(d) to limit GHG emissions from existing fossil 
fuel-fired EGUs. EPA anticipates issuing a proposed rule for this 
action in Spring 2023, and promulgating a final rule by Summer 2024.
    Statement of Need: There are no EPA regulations on the books for 
greenhouse gases from existing fossil-fuel fired electric generating 
units. Previous regulations of this nature have either been vacated or 
repealed prior to implementation.
    Summary of Legal Basis: Clean Air Act section 111(d) provides the 
legal framework for establishing greenhouse gas emission standards for 
existing electric generating units.
    Alternatives: There are no alternatives at this time.
    Anticipated Cost and Benefits: EPA is still evaluating the scope 
and associated costs, benefits and reductions with a prospective rule.
    Risks: EPA is still evaluating the scope and risks with a 
prospective rule.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   04/00/23
Final Rule..........................   06/00/24
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Small Entities Affected: No.
    Government Levels Affected: Federal, State, Tribal.
    Federalism: This action may have federalism implications as defined 
in E.O. 13132.
    Energy Effects: Statement of Energy Effects planned as required by 
Executive Order 13211.
    International Impacts: This regulatory action will be likely to 
have international trade and investment effects, or otherwise be of 
international interest.
    Additional Information:
    Agency Contact: Nicholas Swanson, Environmental Protection Agency, 
Office of Air and Radiation, E143-03, Research Triangle Park, NC 27711, 
Phone: 919 541-4080, Email: [email protected].
    Nick Hutson, Environmental Protection Agency, Office of Air and 
Radiation, 109 T.W. Alexander Drive, Mail Code D243-01, Research 
Triangle Park, NC 27711, Phone: 919 541-2968, Fax: 919 541-4991, Email: 
[email protected].
    RIN: 2060-AV10

EPA--OAR

172. Volume Requirements for 2023 and Beyond Under the Renewable Fuel 
Standard Program [2060-AV14]

    Priority: Economically Significant. Major under 5 U.S.C. 801.
    Legal Authority: 42 U.S.C. 7401 et seq., Clean Air Act
    CFR Citation: 40 CFR 80.
    Legal Deadline: Final, Statutory, October 31, 2021, By statute, the 
Set Rule is required to establish applicable volumes 14 months ahead of 
the first year (2023).
    Abstract: The statutory provisions in the Clean Air Act governing 
the Renewable Fuel Standard (RFS) program provide target volumes of 
renewable fuel for the RFS program only through 2022. For years 2023 
and thereafter, EPA must set those volumes based on an analysis of 
factors specified

[[Page 11136]]

in the statute. This rulemaking will establish volume requirements 
beginning in 2023.
    Statement of Need: Under the statute, target volumes of renewable 
fuel for the RFS program are provided only through 2022. For years 2023 
and thereafter, EPA must set those volumes based on an analysis of 
factors specified in the statute.
    Summary of Legal Basis: CAA section 211(o).
    Alternatives: EPA may request comment to address alternative 
options in the proposed rule.
    Anticipated Cost and Benefits: EPA will analyze costs and benefits 
in the proposed rule.
    Risks: EPA will evaluate the risks of this rulemaking.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   12/00/22
Final Rule..........................   06/00/23
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Undetermined.
    Government Levels Affected: Undetermined.
    Additional Information:
    Sectors Affected: 32411 Petroleum Refineries; 324110 Petroleum 
Refineries; 324 Petroleum and Coal Products Manufacturing; 3241 
Petroleum and Coal Products Manufacturing.
    Agency Contact: David Korotney, Environmental Protection Agency, 
Office of Air and Radiation, N27, Ann Arbor, MI 48105, Phone: 734 214-
4507, Email: [email protected].
    Dallas Burkholder, Environmental Protection Agency, Office of Air 
and Radiation, N26, 2565 Plymouth Road, Ann Arbor, MI 48105, Phone: 734 
214-4766, Email: [email protected].
    RIN: 2060-AV14

EPA--OAR

173. New Source Performance Standards and Emission Guidelines for Crude 
Oil and Natural Gas Facilities: Climate Review [2060-AV16]

    Priority: Economically Significant. Major under 5 U.S.C. 801.
    Legal Authority: 42 U.S.C. 7411
    CFR Citation: 40 CFR 60; subpart OOOOa.
    Legal Deadline: None.
    Abstract: On November 15, 2021, the EPA proposed new source 
performance standards and emission guidelines for crude oil and natural 
gas facilities. (86 FR 63110). This action was in response to the 
January 20, 2021, Executive Order titled ``Protecting Public Health and 
the Environment and Restoring Science to Tackle the Climate Crisis,'' 
which directs the EPA to take certain actions by September 2021 to 
reduce methane and volatile organic compound (VOC) emissions in the oil 
and natural gas sector. Specifically, the Executive order directs the 
EPA to review the new source performance standards (NSPS) issued in 
2020 for the oil and gas sector and, as appropriate and consistent with 
applicable law, consider publishing for notice and comment a proposed 
rule suspending, revising, or rescinding that action. The Executive 
Order further directs the EPA to consider proposing new regulations to 
establish comprehensive emission guidelines for emissions from the 
exploration and production, transmission, processing, and storage 
segments.
    Statement of Need: Executive Order 13990, ``Protecting Public 
Health and the Environment and Restoring Science to Tackle the Climate 
Crisis''. The Executive order directs the EPA to consider proposing, by 
September 2021, a rulemaking to reduce methane emissions in the Oil and 
Natural Gas source category by suspending, revising, or rescinding 
previously issued new source performance standards. It also instructs 
the EPA to consider proposing new regulations to establish 
comprehensive standards of performance and emission guidelines for 
methane and volatile organic compound (VOC) emissions from existing 
operations in the oil and natural gas sector, including the exploration 
and production, processing, transmission and storage segments.
    Summary of Legal Basis: Clean Air Act section 111(b) provides the 
legal framework for establishing greenhouse gas emission standards (in 
the form of limitations on methane) and volatile organic compounds for 
new oil and natural gas sources. Clean Air Act section 111(d) provides 
the legal framework for establishing greenhouse gas emission standards 
(in the form of limitations on methane) for existing oil and natural 
gas sources.
    Alternatives: The EPA has evaluated several options for new and 
existing sources and will propose and solicit comment on those options.
    Anticipated Cost and Benefits: EPA is still evaluating the scope 
and associated costs, benefits and reductions associated with the 
forthcoming proposed rules.
    Risks: EPA is still evaluating the scope and risks associated with 
the forthcoming proposed rules.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   11/15/21  86 FR 63110
NPRM Comment Period Extended........   12/17/21  86 FR 71603
Supplemental NPRM...................   12/06/22  87 FR 74702
SNPRM Comment Period End............   02/13/23
Final Rule..........................   08/00/23
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Small Entities Affected: Businesses.
    Government Levels Affected: Federal, Local, State, Tribal.
    Energy Effects: Statement of Energy Effects planned as required by 
Executive Order 13211.
    Additional Information: EPA-HQ-OAR-2021-0317. https://www.epa.gov/controlling-air-pollution-oil-and-natural-gas-industry.
    Sectors Affected: 213111 Drilling Oil and Gas Wells; 2111 Oil and 
Gas Extraction; 211 Oil and Gas Extraction; 237120 Oil and Gas Pipeline 
and Related Structures Construction; 23712 Oil and Gas Pipeline and 
Related Structures Construction; 213112 Support Activities for Oil and 
Gas Operations.
    Agency Contact: Karen Marsh, Environmental Protection Agency, 
Office of Air and Radiation, 109 T.W. Alexander Drive, Mail Code E143-
01, Research Triangle Park, NC 27711, Phone: 919 541-1065, Email: 
[email protected].
    Steve Fruh, Environmental Protection Agency, Office of Air and 
Radiation, 109 T.W. Alexander Drive, Mail Code E143-01, Research 
Triangle Park, NC 27711, NC 27711, Phone: 919 541-2837, Email: 
[email protected].
    RIN: 2060-AV16

EPA--OAR

174. Review of Final Rule Reclassification of Major Sources as Area 
Sources Under Section 112 of the Clean Air Act [2060-AV20]

    Priority: Other Significant.
    Unfunded Mandates: Undetermined.
    Legal Authority: 42 U.S.C. 7401 et seq., CAA; 42 U.S.C. 7414, 7601
    CFR Citation: 40 CFR 63.1.
    Legal Deadline: None.
    Abstract: The final rule, Reclassification of Major Sources as Area 
Sources Under section 112 of the Clean Air Act (Major MACT to Area-MM2A 
final rule), was promulgated on November 19, 2020. (See 85 FR 73854) 
The MM2A final rule became effective on January 19, 2021. On January 
20,

[[Page 11137]]

2021, President Biden issued Executive Order 13990 Protecting Public 
Health and the Environment and Restoring Science to Tackle the Climate 
Crisis. The EPA has identified the MM2A final rule as an action being 
considered pursuant section (2)(a) of Executive Order 13990. Under this 
review, EPA, as appropriate and consistent with the Clean Air Act 
section 112, will publish for comment a notice of proposed rulemaking 
reconsidering the MM2A final rule.
    Statement of Need: The EPA will issue a notice of proposed 
rulemaking of EPA's review of the final rule Reclassification of Major 
Sources as Area Sources Under section 112 of the Clean Air Act (Major 
MACT to Area-MM2A final rule) pursuant Executive Order 13990. Pursuant 
section (2)(a) of Executive Order 13990 Protecting Public Health and 
the Environment and Restoring Science to Tackle the Climate Crisis, the 
EPA is to review the MM2A final rule and as appropriate and consistent 
with the Clean Air Act section 112, to publish for comment a notice of 
proposed rulemaking either suspending, revising, or rescinding the MM2A 
final rule.
    Summary of Legal Basis: The EPA issued a final rulemaking on 
November 19, 2020. The final MM2A rule provides that a major source can 
be reclassified to area source status at any time upon reducing its 
potential to emit (PTE) hazardous air pollutants (HAP) to below the 
major source thresholds (MST) of 10 tons per year (tpy) of any single 
HAP and 25 tpy of any combination of HAP. Pursuant section (2)(a) of 
Executive Order 13990 Protecting Public Health and the Environment and 
Restoring Science to Tackle the Climate Crisis, the EPA is to review 
the MM2A final rule and as appropriate and consistent with the Clean 
Air Act section 112, to publish for comment a notice of proposed 
rulemaking either suspending, revising, or rescinding the MM2A final 
rule.
    Alternatives: The EPA will take comments on the review of the final 
MM2A and EPA's proposed rulemaking either suspending, revising, or 
rescinding the MM2A final rule.
    Anticipated Cost and Benefits: The anticipated costs and benefits 
of this action are to be determined.
    Risks: The risks of this action are to be determined.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   04/00/23
Final Rule..........................   02/00/24
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Undetermined.
    Government Levels Affected: Federal, Local, Tribal.
    Federalism: Undetermined.
    Additional Information:
    Agency Contact: Nathan Topham, Environmental Protection Agency, 
Office of Air and Radiation, 109 T.W. Alexander Drive, Mail Code D243-
02, Research Triangle Park, NC 27711, Phone: 919 541-0483, Fax: 919 
541-4991, Email: [email protected].
    Brian Shrager, Environmental Protection Agency, Office of Air and 
Radiation, E143-01, Research Triangle Park, NC 27711, Phone: 919 541-
7689, Fax: 919 541-5450, Email: [email protected].
    Related RIN: Related to 2060-AM75
    RIN: 2060-AV20

EPA--OAR

175. Revisions to the Air Emission Reporting Requirements (AERR) [2060-
AV41]

    Priority: Other Significant. Major under 5 U.S.C. 801.
    Unfunded Mandates: Undetermined.
    Legal Authority: Clean Air Act
    CFR Citation: 40 CFR 51.
    Legal Deadline: None.
    Abstract: This action proposes revisions to the existing Air 
Emissions Reporting Requirements (AERR) rule last revised on February 
19, 2015 (80 FR 8787), and may include major revisions. The EPA is 
considering how to improve the quality and completeness of hazardous 
air pollutant (HAP) emissions from stationary sources and all pollutant 
emissions from prescribed fires. Further, the EPA is considering how 
best to quantify emissions from intermittent sources such as backup 
generators; how to obtain data from permitted facilities in Indian 
Country when a Tribe is not required to report emissions data; and how 
to address known data gaps, streamline processes, and improve data 
quality, documentation, and transparency for nonpoint and mobile 
sources.
    Statement of Need: Since 2015, many aspects of emissions data 
collection and use have evolved. The EPA has continued to review 
hazardous air pollutant (HAP) emissions levels and associated public 
health risk through the Residual Risk and Technology (RTR) program, 
which in many cases has required Information Collection Requests (ICRs) 
under Section 114 of the Act. Such collection efforts have proven very 
time consuming and limited EPA's ability to act quickly. Furthermore, 
as the EPA gains insight into the risks posed by certain chemicals, 
such as Ethylene Oxide, we have found ourselves limited by the data 
available on emissions sources. New compounds continue to be identified 
as public health threats, such as per- and polyfluoroalkyl substances 
(PFAS), which may be listed as HAPs in the future. Currently, States 
are required to report the emissions from sources in their state to 
EPA. In practice, that has meant emissions are reported only for 
facilities permitted at the state level. Facilities permitted at the 
federal level technically do not fall under the reporting requirements, 
and consequently, some never report emissions to the EPA, which does 
not allow for proper EPA and state program implementation. Requiring 
HAPs for point sources is essential to addressing continued public 
health risks and environmental justice issues.
    Summary of Legal Basis: Section 114(a)(1) of the CAA authorizes the 
Administrator to, among other things, require certain persons 
(explained below) on a one-time, periodic, or continuous basis to keep 
records, make reports, undertake monitoring, sample emissions, or 
provide such other information as the Administrator may reasonably 
require. The EPA may require this information of any person who (i) 
owns or operates an emission source, (ii) manufactures control or 
process equipment, (iii) the Administrator believes may have 
information necessary for the purposes set forth in CAA section 114, or 
(iv) is subject to any requirement of the Act (except for manufacturers 
subject to certain Title II requirements). The information may be 
required for the purposes of developing an implementation plan, an 
emission standard under sections 111, 112, or 129, determining if any 
person is in violation of any standard or requirement of an 
implementation plan or emissions standard, or ``carrying out any 
provision'' of the Act (except for a provision of Title II with respect 
to manufacturers of new motor vehicles or new motor vehicle engines).
    Alternatives: These proposed reporting requirements also propose 
options and alternatives that may allow the States to report for 
owners/operators of regulated facilities.
    Anticipated Cost and Benefits: To be determined.
    Risks: No risks are associated with this action as these are 
proposed reporting requirements.
    Timetable:

[[Page 11138]]



------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   05/00/23
Final Rule..........................   10/00/24
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Small Entities Affected: Businesses, Governmental Jurisdictions.
    Government Levels Affected: State, Local, Tribal.
    Federalism: Undetermined.
    Additional Information: EPA-HQ-OAR-2004-0489.
    Agency Contact: Marc Houyoux, Environmental Protection Agency, 
Office of Air and Radiation, C339-02, Research Triangle Park, NC 27711, 
Phone: 919 541-3649, Fax: 919 541-0684, Email: [email protected].
    RIN: 2060-AV41

EPA--OAR

176. Phasedown of Hydrofluorocarbons: Allowance Allocation Methodology 
for 2024 and Later Years [2060-AV45]

    Priority: Economically Significant. Major under 5 U.S.C. 801.
    Legal Authority: 42 U.S.C. 7675
    CFR Citation: 40 CFR 84.
    Legal Deadline: Final, Statutory, October 1, 2021, Rule must be 
signed and in part effective no later than September 2023 so EPA can 
issue allowances for 2024 by October 1, 2023.
    Abstract: This rule will continue to implement the 
hydrofluorocarbon (HFC) phasedown under the American Innovation and 
Manufacturing (AIM) Act. A prior rulemaking established a framework for 
the allowance allocation and trading program to phase down HFC 
production and consumption over time, and also established the 
production and consumption baselines, codified the list of controlled 
substances that will be covered by those baselines, determined an 
approach to allocating annual allowances for 2022 and 2023 and allowing 
for trading of those allowances, established recordkeeping and 
reporting requirements, introduced a robust, agile, and innovative 
compliance and enforcement system, and addressed other related 
elements. To continue phasing down the production and consumption of 
listed HFCs on the schedule listed in the AIM Act, this rulemaking will 
determine an approach to allocating annual allowances in 2024 and later 
years and make adjustments based on the lessons learned from 
implementation of the framework rule.
    Statement of Need: This rule is required to meet the statutory 
provisions of subsection (e), among other provisions, of the AIM Act.
    Summary of Legal Basis: The American Innovation and Manufacturing 
(AIM) Act, enacted on December 27, 2020, provides EPA new authorities 
to address hydrofluorocarbons (HFCs) in three main areas: phasing down 
the production and consumption of listed HFCs, maximizing reclamation 
and minimizing releases of these HFCs and their substitutes in 
equipment (e.g., refrigerators and air conditioners), and facilitating 
the transition to next-generation technologies by restricting the use 
of HFCs in particular sectors or subsectors. This rule focuses on the 
first of these areas.
    Alternatives: The AIM Act provides discretion and flexibility for 
how EPA may establish allowance and trading programs. However, the 
Agency must adhere to the stepdown schedule prescribed in the AIM Act, 
and must also issue allowances for each calendar year by October 1 of 
the prior calendar year.
    Anticipated Cost and Benefits: For this rulemaking, EPA will 
prepare and update a Regulatory Impact Analysis (RIA) to provide the 
public with estimates of the potential costs and benefits of our 
proposed and final provisions.
    Risks: EPA is still evaluating the scope and risks associated with 
a prospective rule.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   11/03/22  87 FR 66372
NPRM Comment Period End.............   12/19/22
Final Rule..........................   08/00/23
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Government Levels Affected: Federal.
    Additional Information:
    Agency Contact: Wei-An Chang, Environmental Protection Agency, 
Office of Air and Radiation, 1200 Pennsylvania Avenue NW, Washington, 
DC 20460, Phone: 202 564-6658, Email: [email protected].
    RIN: 2060-AV45

EPA--OAR

177. Restrictions on Certain Uses of Hydrofluorocarbons Under 
Subsection (i) of the American Innovation and Manufacturing Act [2060-
AV46]

    Priority: Economically Significant. Major under 5 U.S.C. 801.
    Legal Authority: American Innovation and Manufacturing (AIM) Act of 
2020
    CFR Citation: 40 CFR 84.
    Legal Deadline: None.
    Abstract: EPA is considering a rule that will in part respond to 
petitions granted under subsection (i) of the American Innovation and 
Manufacturing (AIM) Act of 2020, enacted on December 27, 2020. 
Specifically, EPA is considering a rule restricting, fully, partially, 
or on a graduated schedule, the use of HFCs in sectors or subsectors 
including the refrigeration, air conditioning, aerosol, and foam 
sectors, and establishing recordkeeping and reporting requirements, and 
addressing other related elements of the AIM Act.
    Statement of Need: This rule is required to meet the statutory 
provisions of subsection (i) of the American Innovation and 
Manufacturing (AIM) Act of 2020.
    Summary of Legal Basis: The American Innovation and Manufacturing 
(AIM) Act, enacted on December 27, 2020, provides EPA new authorities 
to address hydrofluorocarbons (HFCs) in three main areas: phasing down 
the production and consumption of listed HFCs, maximizing reclamation 
and minimizing releases of these HFCs and their substitutes in 
equipment (e.g., refrigerators and air conditioners), and facilitating 
the transition to next-generation technologies by restricting the use 
of HFCs in particular sectors or subsectors. Subsection (i) of the AIM 
Act provides that a person may petition EPA to promulgate a rule for 
the restriction on use of a regulated substance in a sector or 
subsector. The statute requires EPA to grant or deny a petition under 
not later than 180 days after the date of receipt of the petition. If 
EPA grants a petition under subsection (i), then the statute requires 
EPA to promulgate a final rule not later than two years after the date 
on which the EPA grants the petition. In carrying out a rulemaking or 
making a determination to grant or deny a petition, the statute 
requires EPA, to the extent practicable, to take into account specified 
factors.
    Alternatives: The alternatives for establishing a subsection (i) 
rule are whether to restrict, fully, partially, or on a graduated 
schedule, the use of HFCs in sectors or subsectors.
    Anticipated Cost and Benefits: The Agency will prepare a Regulatory 
Impact Analysis (RIA) to provide the public with estimated potential 
costs and benefits of this action.
    Risks: EPA is still evaluating the scope and risks associated with 
a prospective rule.
    Timetable:

[[Page 11139]]



------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   12/00/22
Final Rule..........................   09/00/23
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Government Levels Affected: Federal.
    International Impacts: This regulatory action will be likely to 
have international trade and investment effects, or otherwise be of 
international interest.
    Additional Information:
    Agency Contact: Joshua Shodeinde, Environmental Protection Agency, 
Office of Air and Radiation, 1200 Pennsylvania Avenue NW, Washington, 
DC 20460, Phone: 202 564-7037, Email: [email protected].
    RIN: 2060-AV46

EPA--OAR

178. Implementing Regulations Under 40 CFR Part 60 Subpart Ba Adoption 
and Submittal of State Plans for Designated Facilities [2060-AV48]

    Priority: Other Significant.
    Legal Authority: 42 U.S.C. 7411 Clean Air Act; 42 U.S.C. 7414, 7601
    CFR Citation: 40 CFR 60, subpart Ba.
    Legal Deadline: None.
    Abstract: The Clean Air Act (CAA) section 111(d) directs the EPA to 
promulgate a procedure ``similar'' to that provided by CAA section 110, 
under which states submit 111(d) plans for regulatory implementation to 
the EPA. In 1975, EPA addressed this requirement by promulgating 
``implementing regulations'' under 40 CFR part 60, subpart B. These 
implementing regulations contain, among other things, deadlines for the 
submission of, and for EPA's action on, ``state plans'', as well as 
deadlines for the promulgation of related ``federal plans''. In 2019 
the EPA finalized 40 CFR part 60, subpart Ba, a new subpart that 
updated the implementing regulations for prospective emission 
guidelines. However, the United States Court of Appeals for the 
District of Columbia Circuit (in American Lung Ass'n v. EPA, No. 19-
1140) vacated the subpart Ba state and federal plan timelines due to a 
finding of inadequate justification. This action will amend the 
timelines in Subpart Ba consistent with the court vacatur, and will 
propose additional updates and tools to aid in implementation of 
emission guidelines.
    Statement of Need: In January 2021, the D.C. Circuit Court vacated 
the timelines in 40 CFR part 60, subpart Ba. The Supreme Court 
subsequently reversed and remanded the D.C. Circuit Court's opinion 
(West Virginia v. EPA, 142 S. Ct. 2587, June 30, 2022); however, no 
Petitioner sought certiorari on, and the West Virginia decision did not 
implicate, the D.C. Circuit's vacatur of portions of subpart Ba. This 
action will replace the timelines vacated by the D.C. Circuit Court. 
These amendments, when finalized, will apply to any emission guideline 
promulgated after July 8, 2019, and will provide the complete framework 
for state implementation of upcoming emission guidelines.
    Summary of Legal Basis: Clean Air Act section 111(d) provides the 
legal framework for the development and implementation of state plans 
to implement emission guidelines.
    Alternatives: There are no alternatives at this time.
    Anticipated Cost and Benefits: There are no anticipated costs or 
benefits because the implementing regulations do not impose any 
pollution control requirements.
    Risks: There are no anticipated risks because the implementing 
regulations do not impose any pollution control requirements.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   12/00/22
Final Rule..........................   04/00/23
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Government Levels Affected: State.
    Additional Information:
    Agency Contact: Michelle Bergin, Environmental Protection Agency, 
Office of Air and Radiation, D205-02, Research Triangle Park, NC 27711, 
Phone: 919 541-2726, Email: [email protected].
    Elineth Torres, Environmental Protection Agency, Office of Air and 
Radiation, 109 T.W. Alexander Drive, Mail Code D205-02, Research 
Triangle Park, NC 27709, Phone: 919 541-4347, Email: 
[email protected].
    RIN: 2060-AV48

EPA--OAR

179. Multi-Pollutant Emissions Standards for Model Years 2027 and Later 
Light-Duty and Medium-Duty Vehicles [2060-AV49]

    Priority: Economically Significant. Major under 5 U.S.C. 801.
    Legal Authority: 42 U.S.C. 7401 to 7671q
    CFR Citation: 40 CFR 86; 40 CFR 600.
    Legal Deadline: None.
    Abstract: Per EPA's authority under the Clean Air Act section 
202(a), EPA will propose a comprehensive set of emissions standards for 
greenhouse gases and criteria pollutants for the light-duty vehicle 
sector as well as the heavy-duty vehicle Class 2B and 3 sectors. The 
standards will begin with model year 2027 light-duty vehicles, with 
stringency levels set at least through model year 2030. This action is 
also supported by the President's Executive Order 14037, titled 
``Strengthening American Leadership in Clean Cars and Trucks.'' EPA 
will coordinate with the Department of Transportation in developing 
this proposal as appropriate.
    Statement of Need: On August 5, 2021, President Biden issued 
Executive Order 14307 on Strengthening American Leadership in Clean 
Cars and Trucks which ordered the Administrator of the Environmental 
Protection Agency (EPA) to ``establish new multi-pollutant emissions 
standards, including for greenhouse gas emissions, for light- and 
medium-duty vehicles beginning with model year 2027 and extending 
through and including at least model year 2030.'' This rulemaking will 
establish standards beyond 2026.
    Summary of Legal Basis: Clean Air Act (42 U.S.C. 7401).
    Alternatives: EPA will asses alternative standards in the 
development of the proposal.
    Anticipated Cost and Benefits: EPA will assess costs and benefits 
in the development of the proposal.
    Risks: EPA will assess risks in the development of the proposal.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   03/00/23
Final Rule..........................   03/00/24
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Undetermined.
    Government Levels Affected: Federal.
    Additional Information:
    Sectors Affected: 811198 All Other Automotive Repair and 
Maintenance; 336111 Automobile Manufacturing; 423110 Automobile and 
Other Motor Vehicle Merchant Wholesalers; 811112 Automotive Exhaust 
System Repair; 81111 Automotive Mechanical and Electrical Repair and 
Maintenance; 336112 Light Truck and Utility Vehicle Manufacturing; 
335312 Motor and Generator Manufacturing.
    Agency Contact: Jessica Mroz, Environmental Protection Agency, 
Office of Air and Radiation, 1200 Pennsylvania Avenue NW, Washington, 
DC 20460, Phone: 202 564-1094, Email: [email protected].
    Christopher Lieske, Environmental Protection Agency, Office of Air 
and

[[Page 11140]]

Radiation, 2565 Plymouth Road, Ann Arbor, MI 48105, Phone: 734 214-
4584, Email: [email protected].
    RIN: 2060-AV49

EPA--OAR

180. Reconsideration of the National Ambient Air Quality Standards for 
Particulate Matter [2060-AV52]

    Priority: Other Significant.
    Legal Authority: 42 U.S.C. 7401 et seq., Clean Air Act
    CFR Citation: 40 CFR 50.
    Legal Deadline: None.
    Abstract: Under the Clean Air Act Amendments of 1977, EPA is 
required to review and if appropriate revise the air quality criteria 
for the primary (health-based) and secondary (welfare-based) national 
ambient air quality standards (NAAQS) every 5 years. On December 18, 
2020, the EPA published a final decision retaining the NAAQS for 
particulate matter (PM), which was the subject of several petitions for 
reconsideration as well as petitions for judicial review. As directed 
in Executive Order 13990, ``Protecting Public Health and the 
Environment and Restoring Science to Tackle the Climate Crisis,'' 
signed by President Biden on January 20, 2021, EPA is undertaking a 
reconsideration of the December 2020 decision to retain the PM NAAQS 
because the available scientific evidence and technical information 
indicate that the current standards may not be adequate to protect 
public health and welfare, as required by the Clean Air Act. As part of 
this reconsideration, EPA developed a Supplement to the 2019 PM 
Integrated Science Assessment (ISA) and a Policy Assessment to take 
into account the most up-to-date science on public health impacts of 
PM, and engaged with the chartered Clean Air Scientific Advisory 
Committee (CASAC) and a newly-constituted expert CASAC PM panel.
    Statement of Need: Under the Clean Air Act Amendments of 1977, EPA 
is required to review and if appropriate revise the air quality 
criteria and national ambient air quality standards (NAAQS) every 5 
years. On December 18, 2020, EPA published a final rule retaining the 
NAAQS for particulate matter, without revision. On June 10, 2021, EPA 
announced that it is reconsidering the December 2020 decision on the 
air quality standards for PM.
    Summary of Legal Basis: Under the Clean Air Act Amendments of 1977, 
EPA is required to review and if appropriate revise the air quality 
criteria and the primary (health-based) and secondary (welfare-based) 
national ambient air quality standards (NAAQS) every 5 years.
    Alternatives: The main alternative for the Administrator's decision 
on the review of the national ambient air quality standards for 
particulate matter is whether to retain or revise the existing 
standards.
    Anticipated Cost and Benefits: When the Agency proposes revisions 
to the standards, the Agency prepares a Regulatory Impact Analysis 
(RIA) to provide the public with illustrative estimates of the 
potential costs and health and welfare benefits of attaining the 
revised standards. However, the Clean Air Act makes clear that the 
economic and technical feasibility of attaining standards are not to be 
considered in setting or revising the NAAQS, although such factors may 
be considered in the development of state plans to implement the 
standards.
    Risks: The reconsideration builds on the review completed in 2020, 
which included the preparation by EPA of an Integrated Review Plan, an 
Integrated Science Assessment, and a Policy Assessment, which includes 
a risk/exposure assessment, with opportunities for review by the EPA's 
Clean Air Scientific Advisory Committee (CASAC) and the public. These 
documents informed the Administrator's final decision to retain the PM 
standards in 2020. As a part of the reconsideration, EPA prepared a 
Supplement to the 2019 PM Integrated Science Assessment and a Policy 
Assessment, which was reviewed at a public meeting by the CASAC. These 
documents informed the Administrator's proposed decisions on whether to 
revise the PM NAAQS, and the Administrator's final decisions on whether 
to revise the PM NAAQS will take into consideration these documents, 
CASAC advice, and public comment on the proposed decision.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Notice..............................   10/08/21  86 FR 56263
Notice..............................   05/26/22  87 FR 31965
NPRM................................   01/00/23
Final Rule..........................   08/00/23
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Government Levels Affected: None.
    Additional Information:
    Agency Contact: Karen Wesson, Environmental Protection Agency, 
Office of Air and Radiation, 109 T.W. Alexander Drive, Mail Code C504-
06, Research Triangle Park, NC 27711, Phone: 919 541-3515, Email: 
[email protected].
    Nicole Hagan, Environmental Protection Agency, Office of Air and 
Radiation, 109 T.W. Alexander Drive, Mail Code C504-06, Research 
Triangle Park, NC 27709, Phone: 919 541-3153, Email: 
[email protected].
    RIN: 2060-AV52

EPA--OAR

181. NESHAP: Coal- and Oil-Fired Electric Utility Steam Generating 
Units--Review of the Residual Risk and Technology Review [2060-AV53]

    Priority: Economically Significant. Major status under 5 U.S.C. 801 
is undetermined.
    Unfunded Mandates: Undetermined.
    Legal Authority: 42 U.S.C. 7401 et seq.
    CFR Citation: 40 CFR part 63.
    Legal Deadline: None.
    Abstract: On February 16, 2012, EPA promulgated National Emission 
Standards for Hazardous Air Pollutants for Coal- and Oil-fired Electric 
Utility Steam Generating Units (77 FR 9304). The rule (40 CFR part 63, 
subpart UUUUU), commonly referred to as the Mercury and Air Toxics 
Standards (MATS), includes standards to control hazardous air pollutant 
(HAP) emissions from new and existing coal- and oil-fired electric 
utility steam generating units (EGUs) located at both major and area 
sources of HAP emissions. There have been several regulatory actions 
regarding MATS since February 2012, including a May 22, 2020, action 
that completed a reconsideration of the appropriate and necessary 
finding for MATS and finalized the residual risk and technology review 
(RTR) conducted for the Coal- and Oil-Fired EGU source category 
regulated under MATS (85 FR 31286). The Biden Administration's 
Executive Order 13990, Protecting Public Health and the Environment and 
Restoring Science To Tackle the Climate Crisis, ``directs all executive 
departments and agencies (agencies) to immediately review and, as 
appropriate and consistent with applicable law, take action to address 
the promulgation of Federal regulations and other actions during the 
last 4 years that conflict with these important national objectives, 
and to immediately commence work to confront the climate crisis.'' 
Section 2(a)(iv) of the Executive Order specifically directs that the 
Administrator consider publishing, as appropriate and consistent with 
applicable law, a proposed rule suspending, revising, or rescinding the 
``National Emission Standards for

[[Page 11141]]

Hazardous Air Pollutants: Coal- and Oil-Fired Electric Utility Steam 
Generating Units--Reconsideration of Supplemental Finding and Residual 
Risk and Technology Review,'' 85 FR 31286 (May 22, 2020). As directed 
by Executive Order 13990, EPA will review the RTR portion of the May 
22, 2020 final action and, under this action, will take appropriate 
action resulting from that review. EPA is reviewing the Reconsideration 
of the Supplemental Finding in a separate action.
    Statement of Need: Executive Order 13990, ``Protecting Public 
Health and the Environment and Restoring Science To Tackle the Climate 
Crisis,'' directs EPA to review the May 2020 RTR. EPA will issue the 
results of the review in a notice of proposed rulemaking and will 
solicit comment on the review.
    Summary of Legal Basis: CAA section 112, 42 U.S.C. 7412, provides 
the legal framework and basis for regulatory actions addressing 
emissions of hazardous air pollutants from stationary sources.
    Alternatives: EPA has evaluated several options for reviewing the 
RTR and will take comment on the review.
    Anticipated Cost and Benefits: EPA is still evaluating the scope 
and risks of a prospective rule.
    Risks: There are no anticipated risks because there are no 
regulatory amendments or impacts associated with review of the 
appropriate and necessary finding.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   03/00/23
Final Rule..........................   03/00/24
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Undetermined.
    Government Levels Affected: Undetermined.
    Federalism: Undetermined.
    Additional Information:
    Sectors Affected: 221112 Fossil Fuel Electric Power Generation; 
221122 Electric Power Distribution.
    Agency Contact: Melanie King, Environmental Protection Agency, 
Office of Air and Radiation, 109 T.W. Alexander Drive, Mail Code D243-
01, Research Triangle Park, NC 27711, Phone: 919 541-2469, Email: 
[email protected].
    Nick Hutson, Environmental Protection Agency, Office of Air and 
Radiation, 109 T.W. Alexander Drive, Mail Code D243-01, Research 
Triangle Park, NC 27711, Phone: 919 541-2968, Fax: 919 541-4991, Email: 
[email protected].
    RIN: 2060-AV53

EPA--OAR

182.  Methane Emissions and Waste Reduction Incentive Program 
and Revisions to the Mandatory Greenhouse Gas Reporting Rule for 
Petroleum and Natural Gas Systems [2060-AV83]

    Priority: Other Significant. Major status under 5 U.S.C. 801 is 
undetermined.
    Unfunded Mandates: Undetermined.
    Legal Authority: 42 U.S.C. 7401 et seq. Clean Air Act
    CFR Citation: 40 CFR 98.
    Legal Deadline: None.
    Abstract: The Inflation Reduction Act of 2022 adds section 136, 
``Methane Emissions and Waste Reduction Incentive Program'' to title I 
of the Clean Air Act. Section 136(c) directs the Administrator to 
impose and collect a charge for excess methane emissions from 
applicable facilities that report to the Greenhouse Gas Reporting 
Program petroleum and natural gas systems source category (40 CFR part 
98, subpart W) and that exceed statutorily specified waste emissions 
thresholds. Section 136(h) requires revisions to the requirements of 40 
CFR part 98, subpart W to ensure that reporting and calculation of 
charges are based on empirical data and accurately reflect total 
emissions from applicable facilities. The purpose of this action is to 
amend 40 CFR part 98, subpart W and meet directives set forth in 
section 136 with respect to the Methane Emissions and Waste Reduction 
Incentive Program.
    Statement of Need: This rule implements Clean Air Act section 136, 
which was added by the Inflation Reduction Act of 2022.
    Summary of Legal Basis: The Inflation Reduction Act of 2022 adds 
section 136, ``Methane Emissions and Waste Reduction Incentive 
Program'' to the Clean Air Act. Section 136(c) directs the 
Administrator to impose and collect a charge for excess methane 
emissions from applicable facilities that report to the Greenhouse Gas 
Reporting Program petroleum and natural gas systems source category (40 
CFR part 98, subpart W) and that exceed statutorily specified waste 
emissions thresholds. Section 136(h) requires revisions to the 
requirements of 40 CFR part 98, subpart W to ensure that reporting and 
calculation of charges are based on empirical data and accurately 
reflect total emissions from applicable facilities. The purpose of this 
action is to amend 40 CFR part 98, subpart W and meet directives set 
forth in section 136 with respect to the Methane Emissions and Waste 
Reduction Incentive Program.
    Alternatives: The EPA will evaluate several options related to 
calculation of reported emissions and charges and will solicit comment 
on those options.
    Anticipated Cost and Benefits: The Agency will prepare an analysis 
to provide the public with estimated potential costs and benefits of 
this action.
    Risks: EPA is still evaluating the scope and risks associated with 
a prospective rule.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   03/00/23
Final Rule..........................   10/00/23
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Undetermined.
    Government Levels Affected: Undetermined.
    Federalism: Undetermined.
    Agency Contact: Jennifer Bohman, Environmental Protection Agency, 
Office of Air and Radiation, 1200 Pennsylvania Avenue NW, Washington, 
DC 20460, Phone: 202 343-9548, Email: [email protected].
    RIN: 2060-AV83

EPA--OFFICE OF CHEMICAL SAFETY AND POLLUTION PREVENTION (OCSPP)

Proposed Rule Stage

183. Fees for the Administration of the Toxic Substances Control Act 
(TSCA) [2070-AK64]

    Priority: Other Significant.
    Legal Authority: 15 U.S.C. 2625 Toxic Substances Control Act
    CFR Citation: 40 CFR 700.
    Legal Deadline: Final, Statutory, October 1, 2021, TSCA section 
26(b)(4)(F) requires EPA to review and adjust the fees established in 
its 2018 rule every three years to reflect changes in program costs.
    Abstract: In January 2021, EPA proposed updates and adjustments to 
the 2018 fees rule established under the Toxic Substances Control Act 
(TSCA). TSCA requires EPA to review and, if necessary, adjust the fees 
every three years, after consultation with parties potentially subject 
to fees. EPA proposed modifications to the TSCA fees and fee categories 
for fiscal years 2022, 2023 and 2024, and explained the methodology by 
which the proposed TSCA fees were determined. EPA proposed to add three 
new fee categories: A Bona Fide Intent to Manufacture or Import Notice, 
a Notice of Commencement of Manufacture or

[[Page 11142]]

Import, and an additional fee associated with test orders. In addition, 
EPA proposed exemptions for entities subject to certain fee triggering 
activities; including: An exemption for research and development 
activities; an exemption for entities manufacturing less than 2,500 
lbs. of a chemical subject to an EPA-initiated risk evaluation fee; an 
exemption for manufacturers of chemical substances produced as a non-
isolated intermediate; and exemptions for manufacturers of a chemical 
substance subject to an EPA-initiated risk evaluation if the chemical 
substance is imported in an article, produced as a byproduct, or 
produced or imported as an impurity. EPA updated its cost estimates for 
administering TSCA, relevant information management activities and 
individual fee calculation methodologies. EPA proposed a volume-based 
fee allocation for EPA-initiated risk evaluation fees in any scenario 
where a consortium is not formed and is proposing to require export-
only manufacturers to pay fees for EPA-initiated risk evaluations. EPA 
also proposed various changes to the timing of certain activities 
required throughout the fee payment process. However, in light of 
public comments, EPA has decided to issue a supplemental proposal and 
seek additional public comment on changes to the January 2021 proposal.
    Statement of Need: The Toxic Substances Control Act (TSCA), 15 
U.S.C. 2601 et seq., as amended by the Frank R. Lautenberg Chemical 
Safety for the 21st Century Act of 2016 (Pub. L. 114-182) provides EPA 
with authority to establish fees to defray approximately but not more 
than 25 percent of the costs associated with administering TSCA 
sections 4, 5, and 6, as amended, as well as the costs of collecting, 
processing, reviewing, and providing access to and protecting 
information about chemical substances from disclosure as appropriate 
under TSCA section 14.
    Summary of Legal Basis: This rule is being promulgated under TSCA 
section 26(b), 15 U.S.C. 2625(b).
    Alternatives: EPA is considering options for setting fees for each 
of the fee-trigger activities as well as allocating the fees more 
equitably among fee payers.
    Anticipated Cost and Benefits: The proposed fee levels will be 
determined by estimating the total annual costs of administering 
relevant activities under TSCA sections 4, 5, 6 and 14; identifying the 
full amount to be defrayed (i.e., 25% of those annual costs); and 
allocating that amount across the fee-triggering activities. The 
principal benefit of the rule is to provide EPA a sustainable source of 
funding necessary to implement TSCA as mandated under the Frank R. 
Lautenberg Chemical Safety for the 21st Century.
    Risks: This action will not establish an environmental standard 
intended to mitigate environmental health risks or safety risks.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   01/11/21  86 FR 1890
Supplemental NPRM...................   11/16/22  87 FR 68647
SNPRM Comment Period End............   01/17/23
Final Rule..........................   09/00/23
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Small Entities Affected: Businesses.
    Government Levels Affected: None.
    Additional Information: EPA-HQ-OPPT-2020-0493.
    Sectors Affected: 325 Chemical Manufacturing; 324 Petroleum and 
Coal Products Manufacturing; 424 Merchant Wholesalers, Nondurable 
Goods.
    URL For More Information: https://www.epa.gov/tsca-fees.
    URL For Public Comments: https://www.regulations.gov/document/EPA-HQ-OPPT-2020-0493-0001.
    Agency Contact: Marc Edmonds, Environmental Protection Agency, 
Office of Chemical Safety and Pollution Prevention, 1200 Pennsylvania 
Avenue NW, Mail Code 7404T, Washington, DC 20460, Phone: 202 566-0758, 
Email: [email protected].
    Victoria Ellenbogen, Environmental Protection Agency, Office of 
Chemical Safety and Pollution Prevention, Mail Code 7404T, 1200 
Pennsylvania Avenue NW, Washington, DC 20460, Phone: 202 564-2053, 
Email: [email protected].
    RIN: 2070-AK64

EPA--OCSPP

184. Methylene Chloride; Rulemaking Under Section 6(a) of the Toxic 
Substances Control Act (TSCA) [2070-AK70]

    Priority: Other Significant. Major status under 5 U.S.C. 801 is 
undetermined.
    Legal Authority: 15 U.S.C. 2605 Toxic Substances Control Act
    CFR Citation: 40 CFR 751.
    Legal Deadline: NPRM, Statutory, June 24, 2021, TSCA section 6(c).
    Final, Statutory, June 24, 2022, TSCA section 6(c).
    Abstract: This proposed rulemaking will address the unreasonable 
risk of injury to health identified in the final risk evaluation for 
methylene chloride (MC). Section 6(a) of the Toxic Substances Control 
Act (TSCA) requires EPA to eliminate unreasonable risks of injury to 
health or the environment that the Administrator has determined in a 
TSCA section 6(b) risk evaluation are presented by a chemical substance 
under the conditions of use. EPA's risk evaluation for methylene 
chloride, describing the conditions of use and presenting EPA's 
determinations of unreasonable risk, is in docket EPA-HQ-OPPT-2019-
0437, with additional information in docket EPA-HQ-OPPT-2016-0742.
    Statement of Need: This rulemaking is needed to address the 
unreasonable risks of methylene chloride that were identified in a risk 
evaluation completed under TSCA section 6(b). EPA reviewed the 
exposures and hazards of methylene chloride, the magnitude of risk, 
exposed populations, severity of the hazard, uncertainties, and other 
factors. EPA sought input from the public and peer reviewers as 
required by TSCA and associated regulations.
    Summary of Legal Basis: In accordance with TSCA section 6(a), if 
EPA determines in a final risk evaluation completed under TSCA 6(b) 
that the manufacture, processing, distribution in commerce, use, or 
disposal of a chemical substance or mixture, or that any combination of 
such activities, presents an unreasonable risk of injury to health or 
the environment, the Agency must issue regulations requiring one or 
more of the following actions to the extent necessary so that the 
chemical substance no longer presents an unreasonable risk: (1) 
Prohibit or otherwise restrict manufacture, processing, or distribution 
in commerce of the substance, or limit the amount of the substance 
which may be manufactured, processed, or distributed in commerce; (2) 
Prohibit or otherwise restrict manufacture, processing, or distribution 
in commerce of the substance for a particular use or for a particular 
use above a set concentration, or limit the amount of the substance 
which may be manufactured, processed, or distributed in commerce for a 
particular use or for a particular use above a set concentration; (3) 
Require minimum warnings and instructions with respect to use, 
distribution in commerce, or disposal; (4) Require recordkeeping or 
testing by manufacturers or processors; (5) Prohibit or regulate any 
manner or method of commercial use; (6) Prohibit

[[Page 11143]]

or regulate any manner or method of disposal for commercial purposes; 
and/or (7) Direct manufacturers or processors to give notice of the 
unreasonable risk to distributors, other persons and the public and 
replace or repurchase the substance.
    Alternatives: TSCA section 6(a) requires EPA to address by rule 
chemical substances that the Agency determines present unreasonable 
risk upon completion of a final risk evaluation. As required under TSCA 
section 6(c), EPA will consider one or more primary alternative 
regulatory actions as part of the development of a proposed rule.
    Anticipated Cost and Benefits: EPA will prepare a regulatory impact 
analysis as the Agency develops the proposed rule.
    Risks: As EPA determined in the TSCA section 6(b) risk evaluation, 
methylene chloride presents unreasonable risks to human health. EPA 
must issue risk management requirements so that this chemical substance 
no longer presents an unreasonable risk. For more information, visit: 
https://www.epa.gov/assessing-and-managing-chemicals-under-tsca/risk-management-existing-chemicals-under-tsca.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   02/00/23
Final Rule..........................   08/00/24
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Small Entities Affected: Businesses.
    Government Levels Affected: Federal, State.
    Federalism: This action may have federalism implications as defined 
in E.O. 13132.
    International Impacts: This regulatory action will be likely to 
have international trade and investment effects, or otherwise be of 
international interest.
    Additional Information: EPA-HQ-OPPT-2020-0465.
    Sectors Affected: 325 Chemical Manufacturing.
    URL For More Information: https://www.epa.gov/assessing-and-managing-chemicals-under-tsca/risk-management-methylene-chloride.
    Agency Contact: Ingrid Feustel, Environmental Protection Agency, 
Office of Chemical Safety and Pollution Prevention, Mail Code 7405M, 
1200 Pennsylvania Avenue NW, Washington, DC 20460, Phone: 202 564-3199, 
Email: [email protected].
    Joel Wolf, Environmental Protection Agency, Office of Chemical 
Safety and Pollution Prevention, 1200 Pennsylvania Avenue NW, Mail Code 
7405M, Washington, DC 20460, Phone: 202 564-0432, Email: 
[email protected].
    RIN: 2070-AK70

EPA--OCSPP

185. 1-Bromopropane; Rulemaking Under Section 6(a) of the Toxic 
Substances Control Act (TSCA) [2070-AK73]

    Priority: Other Significant. Major status under 5 U.S.C. 801 is 
undetermined.
    Unfunded Mandates: Undetermined.
    Legal Authority: 15 U.S.C. 2605 Toxic Substances Control Act
    CFR Citation: 40 CFR 751.
    Legal Deadline: NPRM, Statutory, August 12, 2021, TSCA section 
6(c).
    Final, Statutory, August 12, 2022, TSCA section 6(c).
    Abstract: The proposed rulemaking will address the unreasonable 
risk of injury to health identified in the final risk evaluation for 1-
bromopropane (1-BP). Section 6(a) of the Toxic Substances Control Act 
(TSCA) requires EPA to eliminate unreasonable risks of injury to health 
or the environment that the Administrator has determined in a TSCA 
section 6(b) risk evaluation are presented by a chemical substance 
under the conditions of use. EPA's risk evaluation for 1-bromopropane, 
describing the conditions of use and presenting EPA's determinations of 
unreasonable risk, is in docket EPA-HQ-OPPT-2019-0235, with additional 
information in docket EPA-HQ-OPPT-2016-0741.
    Statement of Need: This rulemaking is needed to address the 
unreasonable risks of 1-bromopropane that were identified in a risk 
evaluation completed under TSCA section 6(b). EPA reviewed the 
exposures and hazards of 1-bromopropane, the magnitude of risk, exposed 
populations, severity of the hazard, uncertainties, and other factors. 
EPA sought input from the public and peer reviewers as required by TSCA 
and associated regulations.
    Summary of Legal Basis: In accordance with TSCA section 6(a), if 
EPA determines in a final risk evaluation completed under TSCA 6(b) 
that the manufacture, processing, distribution in commerce, use, or 
disposal of a chemical substance or mixture, or that any combination of 
such activities, presents an unreasonable risk of injury to health or 
the environment, the Agency must issue regulations requiring one or 
more of the following actions to the extent necessary so that the 
chemical substance no longer presents an unreasonable risk: (1) 
Prohibit or otherwise restrict manufacture, processing, or distribution 
in commerce of the substance, or limit the amount of the substance 
which may be manufactured, processed, or distributed in commerce; (2) 
Prohibit or otherwise restrict manufacture, processing, or distribution 
in commerce of the substance for a particular use or for a particular 
use above a set concentration, or limit the amount of the substance 
which may be manufactured, processed, or distributed in commerce for a 
particular use or for a particular use above a set concentration; (3) 
Require minimum warnings and instructions with respect to use, 
distribution in commerce, or disposal; (4) Require recordkeeping or 
testing by manufacturers or processors; (5) Prohibit or regulate any 
manner or method of commercial use; (6) Prohibit or regulate any manner 
or method of disposal for commercial purposes; and/or (7) Direct 
manufacturers or processors to give notice of the unreasonable risk to 
distributors, other persons, and the public and replace or repurchase 
the substance.
    Alternatives: TSCA section 6(a) requires EPA to address by rule 
chemical substances that the Agency determines present unreasonable 
risk upon completion of a final risk evaluation. As required under TSCA 
section 6(c), EPA will consider one or more primary alternative 
regulatory actions as part of the development of a proposed rule.
    Anticipated Cost and Benefits: EPA will prepare a regulatory impact 
analysis as the Agency develops the proposed rule.
    Risks: As EPA determined in the TSCA section 6(b) risk evaluation, 
1-bromopropane presents unreasonable risks to human health. EPA must 
issue risk management requirements so that this chemical substance no 
longer presents an unreasonable risk. For more information, visit: 
https://www.epa.gov/assessing-and-managing-chemicals-under-tsca/risk-management-existing-chemicals-under-tsca.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   09/00/23
Final Rule..........................   08/00/24
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Small Entities Affected: Businesses.
    Government Levels Affected: Federal, State.

[[Page 11144]]

    Federalism: This action may have federalism implications as defined 
in E.O. 13132.
    International Impacts: This regulatory action will be likely to 
have international trade and investment effects, or otherwise be of 
international interest.
    Additional Information: EPA-HQ-OPPT-2020-0471.
    Sectors Affected: 325 Chemical Manufacturing.
    URL For More Information: https://www.epa.gov/assessing-and-managing-chemicals-under-tsca/risk-evaluation-1-bromopropane-1-bp.
    Agency Contact: Amy Shuman, Environmental Protection Agency, Office 
of Chemical Safety and Pollution Prevention, 1200 Pennsylvania Avenue 
NW, Washington, DC 20460, Phone: 202 564-2978, Email: 
[email protected].
    Joel Wolf, Environmental Protection Agency, Office of Chemical 
Safety and Pollution Prevention, 1200 Pennsylvania Avenue NW, Mail Code 
7405M, Washington, DC 20460, Phone: 202 564-0432, Email: 
[email protected].
    RIN: 2070-AK73

EPA--OCSPP

186. Carbon Tetrachloride; Rulemaking Under Section 6(a) of the Toxic 
Substances Control Act (TSCA) [2070-AK82]

    Priority: Other Significant. Major status under 5 U.S.C. 801 is 
undetermined.
    Unfunded Mandates: Undetermined.
    Legal Authority: 15 U.S.C. 2605 Toxic Substances Control Act
    CFR Citation: 40 CFR 751.
    Legal Deadline: NPRM, Statutory, November 4, 2021, TSCA section 
6(c). Final, Statutory, November 4, 2022, TSCA section 6(c).
    Abstract: This proposed rulemaking will address the unreasonable 
risks of injury to health identified in the final risk evaluation for 
carbon tetrachloride (CTC). Section 6(a) of the Toxic Substances 
Control Act (TSCA) requires EPA to eliminate unreasonable risks of 
injury to health or the environment that the Administrator has 
determined in a TSCA section 6(b) risk evaluation are presented by a 
chemical substance under the conditions of use. EPA's risk evaluation 
for carbon tetrachloride, describing the conditions of use and 
presenting EPA's determinations of unreasonable risk, is in docket EPA-
HQ-OPPT-2019-0499, with additional information in docket EPA-HQ-OPPT-
2016-0733.
    Statement of Need: This rulemaking is needed to address the 
unreasonable risks of Carbon Tetrachloride (CTC) that were identified 
in a risk evaluation completed under TSCA section 6(b). EPA reviewed 
the exposures and hazards of Carbon Tetrachloride uses, the magnitude 
of risk, exposed populations, severity of the hazard, uncertainties, 
and other factors. EPA sought input from the public and peer reviewers 
as required by TSCA and associated regulations.
    Summary of Legal Basis: In accordance with TSCA section 6(a), if 
EPA determines in a final risk evaluation completed under TSCA 6(b) 
that the manufacture, processing, distribution in commerce, use, or 
disposal of a chemical substance or mixture, or that any combination of 
such activities, presents an unreasonable risk of injury to health or 
the environment, the Agency must issue regulations requiring one or 
more of the following actions to the extent necessary so that the 
chemical substance no longer presents an unreasonable risk: (1) 
Prohibit or otherwise restrict manufacture, processing, or distribution 
in commerce of the substance, or limit the amount of the substance 
which may be manufactured, processed, or distributed in commerce; (2) 
Prohibit or otherwise restrict manufacture, processing, or distribution 
in commerce for a particular use or for a particular use above a set 
concentration, or limit the amount of the substance which may be 
manufactured, processed, or distributed in commerce for a particular 
use or for a particular use above a set concentration; (3) Require 
minimum warnings and instructions with respect to use, distribution in 
commerce, or disposal; (4) Require recordkeeping or testing by 
manufacturers or processors; (5) Prohibit or regulate any manner or 
method of commercial use; (6) Prohibit or regulate any manner or method 
of disposal for commercial purposes; and/or (7) Direct manufacturers or 
processors to give notice of the unreasonable risk to distributors, 
other persons, and the public and replace or repurchase the substance.
    Alternatives: TSCA section 6(a) requires EPA to address by rule 
chemical substances that the Agency determines present unreasonable 
risk upon completion of a final risk evaluation. As required under TSCA 
section 6(c), EPA will consider one or more primary alternative 
regulatory actions as part of the development of a proposed rule.
    Anticipated Cost and Benefits: EPA will prepare a regulatory impact 
analysis as the Agency develops the proposed rule.
    Risks: As EPA determined in the TSCA section 6(b) risk evaluation, 
Carbon Tetrachloride presents unreasonable risks to human health. EPA 
must issue risk management requirements so that this chemical substance 
no longer presents an unreasonable risk. For more information, visit: 
https://www.epa.gov/assessing-and-managing-chemicals-under-tsca/risk-management-existing-chemicals-under-tsca.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   05/00/23
Final Rule..........................   08/00/24
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Government Levels Affected: Federal.
    Federalism: This action may have federalism implications as defined 
in E.O. 13132.
    International Impacts: This regulatory action will be likely to 
have international trade and investment effects, or otherwise be of 
international interest.
    Additional Information: EPA-HQ-OPPT-2020-0592.
    Sectors Affected: 325 Chemical Manufacturing; 324 Petroleum and 
Coal Products Manufacturing.
    URL For More Information: https://www.epa.gov/assessing-and-managing-chemicals-under-tsca/risk-management-carbon-tetrachloride.
    Agency Contact: Claudia Menasche, Environmental Protection Agency, 
Office of Chemical Safety and Pollution Prevention, 1200 Pennsylvania 
Avenue NW, Mail Code 7405M, Washington, DC 20460, Phone: 202 564-3391, 
Email: [email protected]
    RIN: 2070-AK82

EPA--OCSPP

187. Trichloroethylene; Rulemaking Under Section 6(a) of the Toxic 
Substances Control Act (TSCA) [2070-AK83]

    Priority: Other Significant. Major status under 5 U.S.C. 801 is 
undetermined.
    Unfunded Mandates: Undetermined.
    Legal Authority: 15 U.S.C. 2605 Toxic Substances Control Act
    CFR Citation: 40 CFR 751.
    Legal Deadline: NPRM, Statutory, November 30, 2021, TSCA section 
6(c). Final, Statutory, November 30, 2022, TSCA section 6(c). Abstract: 
This proposed rulemaking will address the

[[Page 11145]]

unreasonable risk of injury to health identified in the final risk 
evaluation for trichloroethylene (TCE). Section 6(a) of the Toxic 
Substances Control Act (TSCA) requires EPA to eliminate unreasonable 
risks of injury to health or the environment that the Administrator has 
determined in a TSCA section 6(b) risk evaluation are presented by a 
chemical substance under the conditions of use. EPA's risk evaluation 
for TCE, describing the conditions of use and presenting EPA's 
determination of unreasonable risk, is in docket EPA-HQ-OPPT-2019-0500, 
with additional information in docket EPA-HQ-OPPT-2016-0737.
    Statement of Need: This rulemaking is needed to address the 
unreasonable risks of TCE that were identified in a risk evaluation 
completed under TSCA section 6(b). EPA reviewed the exposures and 
hazards of TCE, the magnitude of risk, exposed populations, severity of 
the hazard, uncertainties, and other factors. EPA sought input from the 
public and peer reviewers as required by TSCA and associated 
regulations.
    Summary of Legal Basis: In accordance with TSCA section 6(a), if 
EPA determines in a final risk evaluation completed under TSCA 6(b) 
that the manufacture, processing, distribution in commerce, use, or 
disposal of a chemical substance or mixture, or that any combination of 
such activities, presents an unreasonable risk of injury to health or 
the environment, the Agency must issue regulations requiring one or 
more of the following actions to the extent necessary so that the 
chemical substance no longer presents an unreasonable risk: (1) 
Prohibit or otherwise restrict manufacture, processing, or distribution 
in commerce of the substance, or limit the amount of the substance 
which may be manufactured, processed, or distributed in commerce; (2) 
Prohibit or otherwise restrict manufacture, processing, or distribution 
in commerce of the substance for a particular use or for a particular 
use above a set concentration, or limit the amount of the substance 
which may be manufactured, processed, or distributed in commerce for a 
particular use or for a particular use above a set concentration; (3) 
Require minimum warnings and instructions with respect to use, 
distribution in commerce, or disposal; (4) Require recordkeeping or 
testing by manufacturers or processors; (5) Prohibit or regulate any 
manner or method of commercial use; (6) Prohibit or regulate any manner 
or method of disposal for commercial purposes; and/or (7) Direct 
manufacturers or processors to give notice of the unreasonable risk to 
distributors, other persons, and the public and replace or repurchase 
the substance if required.
    Alternatives: TSCA section 6(a) requires EPA to address by rule 
chemical substances that the Agency determines present unreasonable 
risk upon completion of a final risk evaluation. As required under TSCA 
section 6(c), EPA will consider one or more primary alternative 
regulatory actions as part of the development of a proposed rule.
    Anticipated Cost and Benefits: EPA will prepare a regulatory impact 
analysis as the Agency develops the proposed rule.
    Risks: As EPA determined in the TSCA section 6(b) risk evaluation, 
TCE presents unreasonable risks to human health. EPA must issue risk 
management requirements so that this chemical substance no longer 
presents an unreasonable risk. For more information, visit: https://www.epa.gov/assessing-and-managing-chemicals-under-tsca/risk-management-existing-chemicals-under-tsca.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   06/00/23
Final Rule..........................   09/00/24
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Small Entities Affected: Businesses.
    Government Levels Affected: Federal, State.
    Federalism: This action may have federalism implications as defined 
in E.O. 13132.
    International Impacts: This regulatory action will be likely to 
have international trade and investment effects, or otherwise be of 
international interest.
    Additional Information: EPA-HQ-OPPT-2020-0642.
    Sectors Affected: 325 Chemical Manufacturing.
    URL For More Information: https://www.epa.gov/assessing-and-managing-chemicals-under-tsca/risk-management-trichloroethylene-tce.
    Agency Contact: Katelan McNamara, Environmental Protection Agency, 
Office of Chemical Safety and Pollution Prevention, 1200 Pennsylvania 
Avenue NW, Washington, DC 20460, Phone: 202 564-4361, Email: 
[email protected].
    Joel Wolf, Environmental Protection Agency, Office of Chemical 
Safety and Pollution Prevention, 1200 Pennsylvania Avenue NW, Mail Code 
7405M, Washington, DC 20460, Phone: 202 564-0432, Email: 
[email protected].
    RIN: 2070-AK83

EPA--OCSPP

188. Perchloroethylene; Rulemaking Under Section 6(a) of the Toxic 
Substances Control Act (TSCA) [2070-AK84]

    Priority: Other Significant. Major status under 5 U.S.C. 801 is 
undetermined.
    Unfunded Mandates: Undetermined.
    Legal Authority: 15 U.S.C. 2605 Toxic Substances Control Act
    CFR Citation: 40 CFR 751.
    Legal Deadline: NPRM, Statutory, December 28, 2021, TSCA sec. 6(c). 
Final, Statutory, December 28, 2021, TSCA sec. 6(c).
    Abstract: This proposed rulemaking will address the unreasonable 
risk of injury to health identified in the final risk evaluation for 
perchloroethylene (PCE). Section 6(a) of the Toxic Substances Control 
Act (TSCA) requires EPA to address eliminate unreasonable risks of 
injury to health or the environment that the Administrator has 
determined in a TSCA section 6(b) risk evaluation are presented by a 
chemical substance under the conditions of use EPA's risk evaluation 
for PCE, describing the conditions of use and presenting EPA's 
determination of unreasonable risk, is in docket EPA-HQ-OPPT-2019-0502, 
with additional information in docket EPA-HQ-OPPT-2016-0732.
    Statement of Need: This rulemaking is needed to address the 
unreasonable risks of PCE that were identified in a risk evaluation 
completed under TSCA section 6(b). EPA reviewed the exposures and 
hazards of PCE, the magnitude of risk, exposed populations, severity of 
the hazard, uncertainties, and other factors. EPA sought input from the 
public and peer reviewers as required by TSCA and associated 
regulations.
    Summary of Legal Basis: In accordance with TSCA section 6(a), if 
EPA determines in a final risk evaluation completed under TSCA 6(b) 
that the manufacture, processing, distribution in commerce, use, or 
disposal of a chemical substance or mixture, or that any combination of 
such activities, presents an unreasonable risk of injury to health or 
the environment, the Agency must issue regulations requiring one or 
more of the following actions to the extent necessary so that the 
chemical substance no longer presents an unreasonable risk: (1) 
Prohibit or otherwise restrict manufacture, processing, or distribution

[[Page 11146]]

in commerce of the substance, or limit the amount of the substance 
which may be manufactured, processed, or distributed in commerce; (2) 
Prohibit or otherwise restrict manufacture, processing, or distribution 
in commerce of the substance for a particular use or for a particular 
use above a set concentration, or limit the amount of the substance 
which may be manufactured, processed, or distributed in commerce for a 
particular use or for a particular use above a set concentration; (3) 
Require minimum warnings and instructions with respect to use, 
distribution in commerce, or disposal; (4) Require recordkeeping or 
testing by manufacturers or processors; (5) Prohibit or regulate any 
manner or method of commercial use; (6) Prohibit or regulate any manner 
or method of disposal for commercial purposes; and/or (7) Direct 
manufacturers or processors to give notice of the unreasonable risk to 
distributors, other persons, and the public and replace or repurchase 
the substance.
    Alternatives: TSCA section 6(a) requires EPA to address by rule 
chemical substances that the Agency determines present unreasonable 
risk upon completion of a final risk evaluation. As required under TSCA 
section 6(c), EPA will consider one or more primary alternative 
regulatory actions as part of the development of a proposed rule.
    Anticipated Cost and Benefits: EPA will prepare a regulatory impact 
analysis as the Agency develops the proposed rule.
    Risks: As EPA determined in the TSCA section 6(b) risk evaluation, 
PCE presents unreasonable risks to human health. EPA must issue risk 
management requirements so that this chemical substance no longer 
presents an unreasonable risk. For more information, visit: https://www.epa.gov/assessing-and-managing-chemicals-under-tsca/risk-management-existing-chemicals-under-tsca.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   04/00/23
Final Rule..........................   08/00/24
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Small Entities Affected: Businesses.
    Government Levels Affected: Federal, State.
    Federalism: This action may have federalism implications as defined 
in E.O. 13132.
    International Impacts: This regulatory action will be likely to 
have international trade and investment effects, or otherwise be of 
international interest.
    Additional Information: EPA-HQ-OPPT-2020-0720.
    Sectors Affected: 325 Chemical Manufacturing.
    URL For More Information: https://www.epa.gov/assessing-and-managing-chemicals-under-tsca/risk-management-perchloroethylene.
    Agency Contact: Kelly Summers, Environmental Protection Agency, 
Office of Chemical Safety and Pollution Prevention, 1200 Pennsylvania 
Avenue NW, Mail Code 7405M, Washington, DC 20460, Phone: 202 564-2201, 
Email: [email protected].
    Joel Wolf, Environmental Protection Agency, Office of Chemical 
Safety and Pollution Prevention, 1200 Pennsylvania Avenue NW, Mail Code 
7405M, Washington, DC 20460, Phone: 202 564-0432, Email: 
[email protected].
    RIN: 2070-AK84

EPA--OCSPP

189. N-Methylpyrrolidone; Rulemaking Under Section 6(a) of the Toxic 
Substances Control Act (TSCA) [2070-AK85]

    Priority: Other Significant. Major status under 5 U.S.C. 801 is 
undetermined.
    Unfunded Mandates: Undetermined.
    Legal Authority: 15 U.S.C. 2605 Toxic Substances Control Act
    CFR Citation: 40 CFR 751.
    Legal Deadline: NPRM, Statutory, December 23, 2021, TSCA sec. 6(c). 
Final, Statutory, December 23, 2022, TSCA sec. 6(c).
    Abstract: This proposed rulemaking will address the unreasonable 
risk of injury to health identified in the final risk evaluation for n-
methylpyrrolidone (NMP). Section 6(a) of the Toxic Substances Control 
Act (TSCA) requires EPA to eliminate unreasonable risks of injury to 
health or the environment that the Administrator has determined in a 
TSCA section(b) risk evaluation are presented by a chemical substance 
under the conditions of use. EPA's risk evaluation for NMP, describing 
the conditions of use and presenting EPA's determination of 
unreasonable risk, is in docket EPA-HQ-OPPT-2019-0236, with additional 
information in docket EPA-HQ-OPPT-2016-0743.
    Statement of Need: This rulemaking is needed to address the 
unreasonable risks of n-methylpyrrolidone (NMP) that were identified in 
a risk evaluation completed under TSCA section 6(b). EPA reviewed the 
exposures and hazards of NMP, the magnitude of risk, exposed 
populations, severity of the hazard, uncertainties, and other factors. 
EPA sought input from the public and peer reviewers as required by TSCA 
and associated regulations.
    Summary of Legal Basis: In accordance with TSCA section 6(a), if 
EPA determines in a final risk evaluation completed under TSCA section 
6(b) that the manufacture, processing, distribution in commerce, use, 
or disposal of a chemical substance or mixture, or that any combination 
of such activities, presents an unreasonable risk of injury to health 
or the environment, the Agency must issue regulations requiring one or 
more of the following actions to the extent necessary so that the 
chemical substance no longer presents an unreasonable risk: (1) 
Prohibit or otherwise restrict manufacture, processing, or distribution 
in commerce of the substance, or the limit the amount of the substance 
which may be manufactured, processed, or distributed in commerce; (2) 
Prohibit or otherwise restrict manufacture, processing, or distribution 
in commerce of the substance for a particular use or a particular use 
above a set concentration, or limit the amount of the substance which 
may be manufactured, processed, or distributed in commerce for a 
particular use for a particular use above a set concentration; (3) 
Require minimum warnings and instructions with respect to use, 
distribution in commerce, or disposal; (4) Require recordkeeping or 
testing by manufacturers or processors; (5) Prohibit or regulate any 
manner or method of commercial use; (6) Prohibit or regulate any manner 
or method of disposal for commercial purposes; and/or (7) Direct 
manufacturers or processors to give notice of the unreasonable risk to 
distributors, other persons, and the public and replace or repurchase 
the substance.
    Alternatives: TSCA section 6(a) requires EPA to address by rule 
chemical substances that the Agency determines present unreasonable 
risk upon completion of a final risk evaluation. As required under TSCA 
section 6(c), EPA will consider one or more primary alternative 
regulatory actions as part of the development of a proposed rule.
    Anticipated Cost and Benefits: EPA will prepare a regulatory impact 
analysis as the Agency develops the proposed rule.
    Risks: As EPA determined in the TSCA section 6(b) risk evaluation, 
NMP presents unreasonable risks to human health. EPA must issue risk 
management requirements so that this

[[Page 11147]]

chemical substance no longer presents an unreasonable risk. For more 
information, visit: https://www.epa.gov/assessing-and-managing-chemicals-under-tsca/risk-management-existing-chemicals-under-tsca.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   09/00/23
Final Rule..........................   08/00/24
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Small Entities Affected: Businesses.
    Government Levels Affected: Federal, State.
    Federalism: This action may have federalism implications as defined 
in E.O. 13132.
    International Impacts: This regulatory action will be likely to 
have international trade and investment effects, or otherwise be of 
international interest.
    Additional Information: EPA-HQ-OPPT-2020-0744.
    Sectors Affected: 325 Chemical Manufacturing.
    URL For More Information: https://www.epa.gov/assessing-and-managing-chemicals-under-tsca/risk-management-n-methylpyrrolidone-nmp.
    Agency Contact: Joel Wolf, Environmental Protection Agency, Office 
of Chemical Safety and Pollution Prevention, 1200 Pennsylvania Avenue 
NW, Mail Code 7405M, Washington, DC 20460, Phone: 202 564-0432, Email: 
[email protected].
    Clara Hull, Environmental Protection Agency, Office of Chemical 
Safety and Pollution Prevention, 1200 Pennsylvania Avenue NW, Mail Code 
7405M, Washington, DC 20460, Phone: 202 564-3954, Email: 
[email protected].
    RIN: 2070-AK85

EPA--OCSPP

190. Procedures for Chemical Risk Evaluation Under the Toxic Substances 
Control Act (TSCA) [2070-AK90]

    Priority: Other Significant.
    Legal Authority: 15 U.S.C. 2605 Toxic Substances Control Act
    CFR Citation: 40 CFR 702.
    Legal Deadline: None.
    Abstract: As required under section 6(b)(4) of the Toxic Substances 
Control Act (TSCA), EPA published a final rule on July 20, 2017, that 
established a process for conducting risk evaluations to determine 
whether a chemical substance presents an unreasonable risk of injury to 
health or the environment, without consideration of costs or other non-
risk factors, including an unreasonable risk to a potentially exposed 
or susceptible subpopulation, under the conditions of use. This process 
incorporates the science requirements of the amended statute, including 
best available science and weight of the scientific evidence. The final 
rule established the steps of a risk evaluation process including: 
scope, hazard assessment, exposure assessment, risk characterization, 
and risk determination. The Agency is now considering revisions to that 
final rule and will solicit public comment through a notice of proposed 
rulemaking.
    Statement of Need: EPA's 2017 final rule that established a process 
for conducting risk evaluations under TSCA was challenged by a group of 
environmental and public health organizations. In November 2019, the 
court in Safer Chemicals, Healthy Families v. US EPA, 943 F.3d 397 (9th 
Cir. 2019) remanded to EPA without vacatur certain provisions of the 
rule. Additionally, the 2017 rule was identified for review in 
accordance with Executive Order 13990, Protecting Public Health and the 
Environment and Restoring Science to Tackle the Climate Crisis (86 FR 
7037, January 25, 2021). Consistent with direction by the 9th Circuit 
and incorporating lessons learned in the process carrying out the first 
ten TSCA risk evaluations, the Agency is now considering revisions to 
the final rule and will solicit public comment through a notice of 
proposed rulemaking.
    Summary of Legal Basis: TSCA section 6(b)(4) directed EPA to 
establish the process for conducting risk evaluations on chemical 
substances under TSCA to identify any unreasonable risk of injury to 
health or the environment. Agencies have inherent authority to 
reconsider past decisions and to revise, replace, or repeal a decision 
to the extent permitted by law and supported by a reasoned explanation. 
FCC v. Fox Television Stations, Inc., 556 U.S. 502, 515 (2009). EPA is 
now exercising its inherent authority to reconsider past decisions and 
as such is considering revisions to that final rule based on 9th 
Circuit's opinion in Safer Chemicals, Healthy Families v. US EPA, 943 
F.3d 397 (9th Cir. 2019) to ensure that TSCA risk evaluations are 
supported by the best available science, aligned with the statutory 
requirements, and consistent with Congress' intent in the 2016 
amendments.
    Alternatives: Alternatives will be developed as part of the 
development of a proposed rule.
    Anticipated Cost and Benefits: EPA will prepare a regulatory impact 
analysis as part of the development of a proposed rule.
    Risks: This is a procedural rule related to risk evaluations and is 
not intended to directly address any particular risk. However, the rule 
would establish procedures by which EPA will evaluate whether a 
chemical substance presents an unreasonable risk of injury to health or 
the environment, including unreasonable risk to a potentially exposed 
or susceptible subpopulation. Rigorous procedures that support accurate 
identification of unreasonable risk are necessary to inform subsequent 
risk management action.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   05/00/23
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Undetermined.
    Government Levels Affected: None.
    Additional Information:
    Sectors Affected: 325 Chemical Manufacturing; 324110 Petroleum 
Refineries.
    URL For More Information: https://www.epa.gov/assessing-and-managing-chemicals-under-tsca.
    Agency Contact: Susanna Blair, Environmental Protection Agency, 
Office of Chemical Safety and Pollution Prevention, 1200 Pennsylvania 
Avenue NW, Mail Code 7401M, Washington, DC 20460, Phone: 202 564-4371, 
Email: [email protected].
    RIN: 2070-AK90

EPA--OCSPP

191. Reconsideration of the Dust-Lead Hazard Standards and Dust-Lead 
Post Abatement Clearance Levels [2070-AK91]

    Priority: Economically Significant. Major status under 5 U.S.C. 801 
is undetermined.
    Unfunded Mandates: Undetermined.
    Legal Authority: 15 U.S.C. 2681; 15 U.S.C. 2682; 15 U.S.C. 2683; 15 
U.S.C. 2684
    CFR Citation: 40 CFR 745.
    Legal Deadline: None.
    Abstract: EPA's dust-lead hazard standards (DLHS) support the lead-
based paint (LBP) activities and disclosure programs under Residential 
Lead-Based Paint Hazard Reduction Act of 1992 by providing the basis 
for risk assessors to determine whether dust-lead hazards are present, 
and apply to target housing (i.e., most pre-1978 housing) and child-
occupied facilities

[[Page 11148]]

(pre-1978 non-residential properties where children 6 years of age or 
under spend a significant amount of time such as daycare centers and 
kindergartens). On July 9, 2019, EPA promulgated a final rule to lower 
the DLHS from 40 micrograms of lead per square foot ([micro]g/ft2) to 
10 [micro]g/ft2 for floors, and from 250 [micro]g/ft2 to 100 [micro]g/
ft2 for window sills. EPA's dust-lead clearance levels (DLCL) indicate 
the amount of lead in dust on a surface following the completion of an 
abatement activity. On January 6, 2021, EPA promulgated a final rule to 
lower the DLCL from 40 [micro]g/ft2 to 10 [micro]g/ft2 for floors, and 
from 250 [micro]g/ft2 to 100 [micro]g/ft2 for window sills. The Agency 
is now in the process of reconsidering the July 2019 and January 2021 
final rules in keeping with Executive Order 13990 (addressing the 
protection of public health and the environment and restoring science 
to tackle the climate crisis). In addition, on May 14, 2021, the United 
States Court of Appeals for the Ninth Circuit issued an opinion to 
remand without vacatur the 2019 DLHS final rule and directed EPA to 
reconsider the 2019 DLHS rule in conjunction with a reconsideration of 
the DLCL. Additionally, EPA is considering revising the regulatory 
definition of target housing to implement a change to the statutory 
definition to include zero-bedroom dwellings if a child is a resident. 
This rulemaking will also propose several amendments to the lead-based 
paint regulations. EPA intends to solicit public comment through a 
notice of proposed rulemaking.
    Statement of Need: On July 9, 2019, EPA promulgated a final rule to 
lower the DLHS from 40 micrograms of lead per square foot ([micro]g/
ft2) to 10 [micro]g/ft2 for floors, and from 250 [micro]g/ft2 to 100 
[micro]g/ft2 for window sills. EPA's dust-lead clearance levels (DLCL) 
indicate the amount of lead in dust on a surface following the 
completion of an abatement activity. On January 6, 2021, EPA 
promulgated a final rule to lower the DLCL from 40 [micro]g/ft2 to 10 
[micro]g/ft2 for floors, and from 250 [micro]g/ft2 to 100 [micro]g/ft2 
for window sills. The Agency is now in the process of reconsidering the 
July 2019 and January 2021 final rules in keeping with Executive Order 
13990 (addressing the protection of public health and the environment 
and restoring science to tackle the climate crisis). In addition, on 
May 14, 2021, the United States Court of Appeals for the Ninth Circuit 
issued an opinion to remand without vacatur the 2019 DLHS final rule 
and directed EPA to reconsider the 2019 DLHS rule in conjunction with a 
reconsideration of the DLCL.
    Summary of Legal Basis: EPA is proposing this rule under the 
authority of sections 401, 402, 403, 404, and 406 of the Toxic 
Substances Control Act (TSCA), 15 U.S.C. 2601 et seq., as amended by 
Title X of the Housing and Community Development Act of 1992 (also 
known as the Residential Lead-Based Paint Hazard Reduction Act of 1992 
or ``Title X'') (Pub. L. 102-550), and section 237(c) of Title II of 
Division K of the Consolidated Appropriations Act, 2017 (Pub. L. 115-
31), as well as sections 1004 and 1018 of Title X (42 U.S.C. 4851b, 
4852d), as amended by section 237(b) of Title II of Division K of the 
Consolidated Appropriations Act, 2017.
    Alternatives: To update the DLHS and DLCL, EPA must take a number 
of steps including health, exposure, and economic analyses related to 
various DLHS and DLCL. An analysis estimating the health implications 
of possible revisions of applicable DLHS and DLCL will be conducted.
    Anticipated Cost and Benefits: An economic analysis of candidate 
DLHS and DLCL will be conducted for purposes of evaluating the 
potential costs and benefits of possible revisions. EPA's economic 
analysis will involve establishing a baseline lead hazard profile for 
facilities affected by the rule based on knowledge of any applicable 
existing rules and standards and levels of compliance with those rules 
and standards. Candidate DLHS and DLCL will then need to be analyzed 
with reference to this baseline. Economic modeling will be performed to 
link each candidate DLHS and DLCL to the associated scenario of health 
endpoints and their associated aggregated ``benefit'' valuations for 
the whole affected population. Using assumptions about the scope of 
interventions, scenarios will be developed to measure aggregate costs 
of compliance for each candidate clearance level.
    Risks: This rulemaking addresses the risk of adverse health effects 
associated with dust-lead. exposures in children living in pre-1978 
housing and child-occupied facilities, as well as associated potential 
health effects in this subpopulation.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   05/00/23
Final Rule..........................   07/00/24
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Undetermined.
    Government Levels Affected: Federal, Local, State, Tribal.
    Federalism: Undetermined.
    Additional Information: Related to RIN 2070-AK66.
    Sectors Affected: 92511 Administration of Housing Programs; 541350 
Building Inspection Services; 624410 Child Day Care Services; 236 
Construction of Buildings; 611110 Elementary and Secondary Schools; 
541330 Engineering Services; 531110 Lessors of Residential Buildings 
and Dwellings; 92811 National Security; 611519 Other Technical and 
Trade Schools; 531 Real Estate; 562910 Remediation Services; 531311 
Residential Property Managers; 238 Specialty Trade Contractors; 541380 
Testing Laboratories.
    URL For More Information: https://www.epa.gov/lead.
    Agency Contact: Claire Brisse, Office of Chemical Safety and 
Pollution Prevention, Environmental Protection Agency, 1200 
Pennsylvania Avenue NW, Mail Code 7404T, Washington, DC 20460-0001, 
Phone: 202 564-9004, Email: [email protected].
    Michelle Price, Environmental Protection Agency, Office of Chemical 
Safety and Pollution Prevention, 1200 Pennsylvania Avenue NW, Mail Code 
7404T, Washington, DC 20460, Phone: 202 566-0744, Email: 
[email protected].
    RIN: 2070-AK91

EPA--OFFICE OF LAND AND EMERGENCY MANAGEMENT (OLEM)

Proposed Rule Stage

192. Hazardous and Solid Waste Management System: Disposal of Coal 
Combustion Residuals From Electric Utilities; Legacy Surface 
Impoundments [2050-AH14]

    Priority: Other Significant.
    Legal Authority: 42 U.S.C. 6906; 42 U.S.C. 6907; 42 U.S.C. 6912(a); 
42 U.S.C. 6944; 42 U.S.C. 6945(c)
    CFR Citation: 40 CFR 257.
    Legal Deadline: None.
    Abstract: On April 17, 2015, the Environmental Protection Agency 
(EPA or the Agency) promulgated national minimum criteria for existing 
and new coal combustion residuals (CCR) landfills and existing and new 
CCR surface impoundments. On August 21, 2018 the D.C. Circuit Court of 
Appeals issued its opinion in the case of Utility Solid Waste 
Activities Group, et al v. EPA, which vacated and remanded the 
provision that exempted inactive impoundments at inactive facilities 
from the CCR rule. EPA is developing

[[Page 11149]]

regulations to implement this part of the court decision for inactive 
CCR surface impoundments at inactive utilities, or ``legacy units''. 
This proposal may include adding a new definition for legacy CCR 
surface impoundments. EPA may also propose to require such legacy CCR 
surface impoundments to follow existing regulatory requirements for 
fugitive dust, groundwater monitoring, and closure, or other technical 
requirements. Finally, EPA is considering proposing corrective action 
requirements for all CCR contamination (regardless of how or when that 
CCR was placed) on site of a regulated facility.
    Statement of Need: On April 17, 2015, the EPA finalized national 
regulations to regulate the disposal of Coal Combustion Residuals (CCR) 
as solid waste under subtitle D of the Resource Conservation and 
Recovery Act (RCRA) (2015 CCR final rule). In response to the Utility 
Solid Waste Activities Group v. EPA decision, this proposed rulemaking, 
if finalized, would bring inactive surface impoundments at inactive 
facilities (legacy surface impoundments) into the regulated universe.
    Summary of Legal Basis: No statutory or judicial deadlines apply to 
this rule. The EPA is taking this action in response to an August 21, 
2018 court decision that vacated and remanded the provision that 
exempted inactive impoundments at inactive electric utilities from the 
2015 CCR final rule. The proposed rule would be established under the 
authority of the Solid Waste Disposal Act of 1970, as amended by the 
Resource Conservation and Recovery Act of 1976 (RCRA), as amended by 
the Hazardous and Solid Waste Amendments of 1984 (HWSA) and the Water 
Infrastructure Improvements for the Nation Act of 2016.
    Alternatives: The Agency issued an advance notice of proposed 
rulemaking (ANPRM) on October 14, 2020 (85 FR 65015), which included 
public notice and opportunity for comment on this effort. We have not 
identified at this time any significant alternatives for analysis.
    Anticipated Cost and Benefits: The Agency will determine 
anticipated costs and benefits later as it is currently too early in 
the process.
    Risks: The Agency will estimate the risk reductions and impacts 
later as it is currently too early in the process.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
ANPRM...............................   10/14/20  85 FR 65015
NPRM................................   06/00/23
Final Rule..........................   06/00/24
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Undetermined.
    Government Levels Affected: Federal, Local, State.
    Additional Information: EPA-HQ-OLEM-2020-0107.
    Sectors Affected: 221112 Fossil Fuel Electric Power Generation.
    URL For More Information: https://www.epa.gov/coalash.
    URL For Public Comments: https://www.regulations.gov/docket/EPA-HQ-OLEM-2020-0107.
    Agency Contact: Michelle Lloyd, Environmental Protection Agency, 
Office of Land and Emergency Management, Mail Code 5304T, 1200 
Pennsylvania Avenue NW, Washington, DC 20460, Phone: 202 566-0560, 
Email: [email protected].
    Frank Behan, Environmental Protection Agency, Office of Land and 
Emergency Management, Mail Code 5304T, 1200 Pennsylvania Avenue NW, 
Washington, DC 20460, Phone: 202 566-1730, Email: [email protected].
    RIN: 2050-AH14

EPA--OLEM

193. Revisions to Standards for the Open Burning/Open Detonation of 
Waste Explosives [2050-AH24]

    Priority: Other Significant. Major status under 5 U.S.C. 801 is 
undetermined.
    Unfunded Mandates: Undetermined.
    Legal Authority: 40 CFR 131; 42 U.S.C. 6924
    CFR Citation: 40 CFR 264 and 265.
    Legal Deadline: None.
    Abstract: This rulemaking will consider revisions to the 
regulations that allow for the open burning and detonation (OB/OD) of 
waste explosives. The allowance or ``variance'' to the prohibition on 
the open burning of hazardous waste was established at a time when 
there were no alternatives to the safe disposal of waste explosives. 
However, recent findings from the National Academies of Sciences, 
Engineering, and Medicine and the EPA have determined that safe 
alternatives are now available for many energetic/explosive waste 
streams. Because there are safe alternatives in use today that capture 
and treat emissions prior to release, the EPA is considering revising 
regulations to promote the broader use of these alternatives, where 
applicable.
    Statement of Need: Technological advances have been made since the 
1980 Interim Status regulations were issued that banned the open 
burning of hazardous wastes but created an exception to allow open 
burning/open detonation (OB/OD) of waste explosives due to a lack of 
other safe modes of treatment. In 2019, EPA and the National Academies 
of Science, Engineering, and Medicine published reports documenting 
safe and available alternative treatment technologies that could be 
used in lieu of OB/OD. A rulemaking would clarify how a demonstration 
of eligibility must be made before OB/OD can be used or continued, in 
light of safe and available alternative treatment technologies.
    Summary of Legal Basis: The proposed rule would be established 
under the authority of the Solid Waste Disposal Act of 1970, as amended 
by the Resource Conservation and Recovery Act of 1976 (RCRA), as 
amended by the Hazardous and Solid Waste Amendments of 1984 (HWSA).
    Alternatives: Based on recent information regarding availability of 
safe alternatives, we are considering revising the existing regulation 
to explicitly state how a demonstration of eligibility must be made. We 
have not identified at this time any alternatives for analysis.
    Anticipated Cost and Benefits: The Agency will evaluate anticipated 
costs and benefits as part of the rule development process.
    Risks: The Agency will evaluate risk reductions and impacts as part 
of the rule development process. It is currently too early in the 
process to make such determinations.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   07/00/23
Final Rule..........................   12/00/23
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Government Levels Affected: Local, State, Federal.
    Federalism: Undetermined.
    Additional Information:
    Sectors Affected: 56291 Remediation Services; 562910 Remediation 
Services; 562211 Hazardous Waste Treatment and Disposal; 325920 
Explosives Manufacturing; 56221 Waste Treatment and Disposal; 926150 
Regulation, Licensing, and Inspection of Miscellaneous Commercial 
Sectors.
    Agency Contact: Paul Diss, Environmental Protection Agency, Office 
of Land and Emergency Management, 1200 Pennsylvania Avenue NW, Mail 
Code 5303T, Washington, DC 20460, Phone: 202 566-0321, Email: 
[email protected].

[[Page 11150]]

    Sasha Gerhard, Environmental Protection Agency, Office of Land and 
Emergency Management, 1200 Pennsylvania Avenue NW, Mail Code 5304T, 
Washington, DC 20460, Phone: 202 566-0346, Fax: 703 308-8686, Email: 
[email protected].
    RIN: 2050-AH24

EPA--OLEM

194. Listing of PFOA, PFOS, PFBS, and GENX as Resource Conservation and 
Recovery Act (RCRA) Hazardous Constituents [2050-AH26]

    Priority: Other Significant. Major status under 5 U.S.C. 801 is 
undetermined.
    Unfunded Mandates: Undetermined.
    Legal Authority: 42 U.S.C. 6912(a)(1); 42 U.S.C. 6912; 42 U.S.C. 
6921; 42 U.S.C. 6905; 42 U.S.C. 6924; 42 U.S.C. 6938; 42 U.S.C. 6922
    CFR Citation: 40 CFR 261.
    Legal Deadline: None.
    Abstract: Based on public health and environmental protection 
concerns and in response to petitions from the Governor of New Mexico, 
Public Employees for Environmental Responsibility, and Berkeley School 
of Law on behalf of five other organizations, which request EPA to take 
regulatory action on PFAS under RCRA, EPA is evaluating the existing 
toxicity and health effects data on four PFAS constituents to determine 
if they should be listed as RCRA Hazardous Constituents. If the 
existing data for the four PFAS constituents support listing any or all 
of these constituents as RCRA hazardous constituents, EPA will propose 
to list the constituents in a Federal Register notice for public 
comment. The four PFAS chemicals EPA will evaluate are: 
perfluorooctanoic acid (PFOA), perfluorooctane sulfonic acid (PFOS), 
perfluorobutane sulfonic acid (PFBS), hexafluoropropylene oxide dimer 
acid (HFPO-DA, and/or GenX).
    Statement of Need: EPA has received three petitions recently 
requesting regulatory action on PFAS under the Resource Conservation 
and Recovery Act (RCRA), including a petition from the Governor of New 
Mexico on June 23, 2021. The New Mexico petition incorporated by 
reference the two other petitions received previously by EPA from 
Public Employees for Environmental Responsibility (PEER) and the 
Environmental Law Clinic at the University of California, Berkeley 
School of Law (et al.). This proposed rulemaking is in response to the 
three petitions and, if finalized, will list specific PFAS as RCRA 
hazardous constituents subject to corrective action requirements at 
hazardous waste treatment, storage, and disposal facilities (TSDFs).
    Summary of Legal Basis: EPA has received three petitions recently 
requesting regulatory action on PFAS under the Resource Conservation 
and Recovery Act (RCRA), including a petition from the Governor of New 
Mexico on June 23, 2021. The New Mexico petition incorporated by 
reference the two other petitions received previously by EPA from 
Public Employees for Environmental Responsibility (PEER) and the 
Environmental Law Clinic at the University of California, Berkeley 
School of Law (et al.). This proposed rulemaking is in response to the 
three petitions and, if finalized, will list specific PFAS as RCRA 
hazardous constituents subject to corrective action requirements at 
hazardous waste treatment, storage, and disposal facilities (TSDFs).
    Alternatives: We have reviewed and evaluated the toxicity and 
health effects information for specific PFAS to determine if they 
should be proposed to be listed as RCRA hazardous constituents on 
Appendix VIII, and there are no other alternatives.
    Anticipated Cost and Benefits: The Agency will evaluate anticipated 
costs and benefits as part of the rule development process.
    Risks: The Agency will evaluate risk reductions and impacts as part 
of the rule development process. It is currently too early in the 
process to make such determinations.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   08/00/23
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Undetermined.
    Government Levels Affected: Federal, State.
    Agency Contact: Narendra Chaudhari Environmental Protection Agency, 
Office of Land and Emergency Management, 1200 Pennsylvania Avenue NW, 
Mail Code 5304T, Washington, DC 20460, Phone: 202 566-0495, Email: 
[email protected].
    Daniel Lowrey, Environmental Protection Agency, Office of Land and 
Emergency Management, 1200 Pennsylvania Avenue NW, Mail Code 5304T, 
Washington, DC 20460, Phone: 202 566-1015, Email: 
[email protected].
    RIN: 2050-AH26

EPA--OLEM

195. Definition of Hazardous Waste Applicable to Corrective Action for 
Solid Waste Management Units [2050-AH27]

    Priority: Other Significant.
    Unfunded Mandates: Undetermined.
    Legal Authority: 42 U.S.C. 6905; 42 U.S.C. 6921; 42 U.S.C. 6930; 42 
U.S.C. 6912; 42 U.S.C. 6938; 42 U.S.C. 6934; 42, U.S.C. 6939g; 42 
U.S.C. 6937; 42 U.S.C. 6939; 42 U.S.C. 6935; 42 U.S.C. 6974; 42 U.S.C. 
6924; 42, U.S.C. 6925; 42 U.S.C. 6927
    CFR Citation: 40 CFR 260; 40 CFR 261; 40 CFR 270.
    Legal Deadline: None.
    Abstract: EPA is considering a proposed rule that would modify the 
regulations at 40 CFR part 264 to clarify that the definition of 
hazardous waste found in RCRA section 1004(5) is applicable to 
corrective action for releases from solid waste management units. The 
proposed rule would more clearly implement EPA's longstanding 
interpretation of its authority under RCRA section 3004(u) and (v).
    Statement of Need: This regulatory modification is necessary so 
that 40 CFR 264.101 appropriately reflects the scope of corrective 
action cleanup requirements for hazardous waste treatment, storage, and 
disposal facilities as required by RCRA section 3004(u) and (v). The 
revision is expected to clarify that releases of hazardous wastes that 
are not regulatory hazardous wastes but meet the definition of 
hazardous waste in RCRA section 1004(5), must be addressed in the same 
manner as regulatory hazardous wastes under the corrective action 
program. This rulemaking is expected to impact the release of certain 
PFAS substances and is included as part of EPA's broader PFAS Strategic 
Roadmap.
    Summary of Legal Basis: The proposed rule would be established 
under the authority of sections 3004(u) and (v) of the Solid Waste 
Disposal Act of 1965, as amended by subsequent enactments including the 
Resource Conservation and Recovery Act of 1976 (RCRA), as amended by 
the Hazardous and Solid Waste Amendments of 1984 (HWSA).
    Alternatives: We have reviewed the applicable regulations and no 
alternatives have been identified.
    Anticipated Cost and Benefits: The Agency will evaluate anticipated 
costs and benefits as part of the rule development process.
    Risks: The Agency will evaluate risk reductions and impacts as part 
of the rule development process. It is currently

[[Page 11151]]

too early in the process to make such determinations.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   06/00/23
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Undetermined.
    Government Levels Affected: Federal, State.
    Federalism: Undetermined.
    Agency Contact: Barbara Foster, Environmental Protection Agency, 
Office of Land and Emergency Management, 1200 Pennsylvania Avenue NW, 
Washington, DC 20460, Phone: 202 566-0382, Email: 
[email protected].
    RIN: 2050-AH27

EPA--OLEM

196. Reporting Requirements for Emissions From Animal Waste Under the 
Emergency Planning and Community Right-to-Know Act [2050-AH28]

    Priority: Other Significant. Major status under 5 U.S.C. 801 is 
undetermined.
    Unfunded Mandates: Undetermined.
    Legal Authority: 42 U.S.C. 11048; 42 U.S.C. 11002; 42 U.S.C. 11004; 
42 U.S.C. 11003; 42 U.S.C. 11049; 42 U.S.C. 11045; 42 U.S.C. 11047
    CFR Citation: 40 CFR 355.31.
    Legal Deadline: None.
    Abstract: The Environmental Protection Agency (EPA) is considering 
rescinding the June 13, 2019 final rule, which exempted reporting of 
air emissions from animal waste under the Emergency Planning and 
Community Right-to-Know Act (EPCRA). On March 23, 2018, the President 
signed into law the ``Fair Agricultural Reporting Method Act'' or the 
``FARM Act.'' The FARM Act expressly exempts reporting of air emissions 
from animal waste (including decomposing animal waste) at a farm from 
CERCLA section 103. In the June 13, 2019 final rule, the Agency applied 
the CERCLA exemption to reporting under EPCRA. The Agency is now 
reconsidering that action.
    Statement of Need: EPA is considering reinstating the reporting 
requirements for animal waste air emissions at farms under the 
Emergency Planning and Community Right-to-Know Act (EPCRA). This action 
would propose to rescind the June 13, 2019 final rule exempting EPCRA 
reporting of animal waste air emissions at farms. Farms with air 
emissions from animal waste exceeding the reportable quantity of 
certain extremely hazardous substances defined under EPCRA, would be 
required to report to state, tribal and local emergency planning and 
response agencies. Any proposed rule would not impact the current 
Comprehensive Environmental Response, Compensation and Liability Act 
(CERCLA) reporting exemption for animal waste air emissions at farms.
    Summary of Legal Basis: No statutory or judicial deadlines apply to 
this rule. The agency is taking this action in response to the U.S. 
District Court for D.C. granting EPA a voluntary remand on February 14, 
2022, to reconsider the June 2019 rule.
    Alternatives: The Agency has not identified at this time any 
significant alternatives for analysis.
    Anticipated Cost and Benefits: The EPA is analyzing the potential 
costs and benefits associated with this action with respect to the 
reporting of animal waste air emissions at farms that exceed the 
reportable quantity to the State, Tribal, and local authorities.
    Risks: This is a reporting rule and would enable State, Tribal and 
local authorities to collect information regarding the location and 
extent of releases of animal waste air emissions at farms that exceed 
the reportable quantity.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   04/00/23
Final Rule..........................   01/00/24
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Government Levels Affected: Local, State, Tribal.
    Federalism: Undetermined.
    Agency Contact: Mark Douglas, Environmental Protection Agency, 
Office of Land and Emergency Management, 1200 Pennsylvania Avenue NW, 
Washington, DC 20460, Phone: 202 564-5572, Email: [email protected].
    RIN: 2050-AH28

EPA--OFFICE OF WATER (OW)

Proposed Rule Stage

197. Federal Baseline Water Quality Standards for Indian Reservations 
[2040-AF62]

    Priority: Other Significant.
    Legal Authority: 33 U.S.C. 1313(c)(4)(B)
    CFR Citation: 40 CFR 131.
    Legal Deadline: None.
    Abstract: EPA is developing a proposed rule to establish water 
quality standards (WQS) for waters on Indian reservations that do not 
have WQS under the Clean Water Act. Fifty years after enactment of the 
CWA, over 80% of Indian reservations do not have this foundational 
protection expected by Congress as laid out in the CWA for their 
waters. Addressing this lack of CWA-effective WQS for the waters of 
more than 250 Indian reservations is a priority for EPA, given that WQS 
are central to implementing the water quality framework of the CWA. 
Promulgating baseline WQS would provide more scientific rigor and 
regulatory certainty to National Pollutant Discharge Elimination System 
permits for discharges to these waters. The baseline WQS would fulfill 
requirements for WQS under EPA's regulations, including establishing 
designated uses, water quality criteria to protect those uses, and 
antidegradation policies to protect high quality waters. EPA initiated 
pre-proposal tribal consultation on June 15th, 2021 and engaged in 
coordination and consultation with tribes throughout the consultation 
period, which ended September 13th, 2021. EPA welcomes consultation 
with tribes both during and after the consultation period.
    Statement of Need: The federal government has recognized 574 
tribes. More than 300 of these tribes have reservation lands and are 
eligible to apply for ``treatment in a similar manner as a state'' 
(TAS) to administer a WQS program. Only 80 tribes, out of over 300 
tribes with reservations, currently have such TAS authorization to 
administer a WQS program. Of these 80 tribes, only 47 tribes to date 
have adopted WQS and submitted them to EPA for review and approval 
under the Clean Water Act (CWA). As a result, 50 years after enactment 
of the CWA, over 80% of Indian reservations do not have this 
foundational protection expected by Congress as laid out in the CWA for 
their waters. Addressing this lack of CWA-effective WQS for the waters 
of more than 250 Indian reservations is a priority for EPA, given that 
WQS are central to implementing the water quality framework of the CWA. 
Although it is EPA's preference for tribes to obtain TAS and develop 
WQS tailored to the tribes' individual environmental goals and 
reservation waters, EPA's promulgation of baseline WQS would serve to 
safeguard water quality until tribes obtain TAS and adopt and 
administer CWA WQS themselves.
    Summary of Legal Basis: While CWA section 303 clearly contemplates 
WQS for all waters of the United States, it does not explicitly address 
WQS for

[[Page 11152]]

Indian country waters where tribes lack CWA-effective WQS. Under CWA 
section 303(a) states were required to adopt WQS for all interstate and 
intrastate waters. Where a state does not establish such standards, 
Congress directed EPA to do so under the CWA section 303(b). These 
provisions are consistent with Congress' design of the CWA as a general 
statute applying to all waters of the United States, including those 
within Indian country. Several provisions of the CWA provide EPA with 
the authority to propose this rule. Section 501(a) of the CWA provides 
that ``[t]he Administrator is authorized to prescribe such regulations 
as are necessary to carry out his functions under this chapter.'' 
Section 303(c)(4)(B) of the CWA provides that ``[t]he Administrator 
shall promptly prepare and publish proposed regulations setting forth a 
revised or new water quality standard for the navigable waters involved 
. . . in any case where the Administrator determines that a revised or 
new standard is necessary to meet the requirements of [the Act].'' In 
2001 the EPA Administrator made an Administrator's Determination that 
new or revised WQS are necessary for certain Indian country waters. 
Today's action is the first step toward fulfilling that outstanding 
Determination.
    Alternatives: To be determined.
    Anticipated Cost and Benefits: To be determined.
    Risks: To be determined.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
ANPRM...............................   09/29/16  81 FR 66900
NPRM................................   03/00/23
Final Rule..........................   03/00/24
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Small Entities Affected: No.
    Government Levels Affected: Federal, State, Tribal.
    Additional Information:
    URL For More Information: https://www.epa.gov/wqs-tech/promulgation-tribal-baseline-water-quality-standards-under-clean-water-act.
    Agency Contact: James Ray, Environmental Protection Agency, Office 
of Water, Mail Code 4305T, 200 Pennsylvania Avenue NW, Washington, DC 
20460, Phone: 202 566-1433, Email: [email protected].
    Danielle Anderson, Environmental Protection Agency, Office of 
Water, Mail Code 4305T, 1200 Pennsylvania Avenue NW, Washington, DC 
20460, Phone: 202 564-1631, Email: [email protected].
    RIN: 2040-AF62

EPA--OW

198. Revised Definition of ``Waters of the United States'' [2040-AG13]

    Priority: Other Significant. Major status under 5 U.S.C. 801 is 
undetermined.
    Unfunded Mandates: Undetermined.
    Legal Authority: 33 U.S.C. 1251
    CFR Citation: 40 CFR 120.1
    Legal Deadline: None.
    Abstract: In April 2020, the EPA and the Department of the Army 
(``the agencies'') published the Navigable Waters Protection Rule that 
revised the previously-codified definition of ``waters of the United 
States'' (WOTUS). The agencies are in the process of revising the 
definition of WOTUS to include the waters defined by the familiar 
regulations that were in place prior to the 2015 WOTUS rule, with 
amendments to reflect the agencies' determination of the statutory 
limits on the scope of the ``waters of the United States'' informed by 
Supreme Court precedent, the best available science, and the agencies' 
experience and technical expertise. The agencies also intend to 
consider further refinements in a second rule (Rule 2) in light of 
additional stakeholder engagement and implementation considerations, 
scientific developments, litigation and environmental justice values. 
This effort will also be informed by the experience of implementing the 
pre-2015 rule, the 2015 Clean Water Rule, the 2020 Navigable Waters 
Protection Rule, and Rule 1.
    Statement of Need: In 2015, the Environmental Protection Agency and 
the Department of the Army (``the agencies'') published the ``Clean 
Water Rule: Definition of `Waters of the United States''' (80 FR 37054, 
June 29, 2015). In April 2020, the agencies published the Navigable 
Waters Protection Rule (85 FR 22250, April 21, 2020). The agencies 
conducted a substantive re-evaluation of the definition of ``waters of 
the United States'' in accordance with the Executive Order 13990 and 
determined that they need to revise the definition to ensure the 
agencies listen to the science, protect the environment, ensure access 
to clean water, consider how climate change resiliency may be affected 
by the definition of waters of the United States, and to ensure 
environmental justice is prioritized in the rulemaking process.
    Summary of Legal Basis: The Clean Water Act (33 U.S.C. 1251 et 
seq.).
    Alternatives: To be determined.
    Anticipated Cost and Benefits: To be determined.
    Risks: To be determined.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   11/00/23
Final Rule..........................   07/00/24
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Undetermined.
    Government Levels Affected: Federal, Local, State, Tribal.
    Federalism: Undetermined.
    Additional Information:
    Sectors Affected: 11 Agriculture, Forestry, Fishing and Hunting; 
112990 All Other Animal Production; 111998 All Other Miscellaneous Crop 
Farming; 111 Crop Production.
    Agency Contact: Whitney Beck, Environmental Protection Agency, 
Office of Water, Mail Code 4504T, 1200 Pennsylvania Avenue NW, 
Washington, DC 20460, Phone: 202 566-2553, Email: [email protected].
    Related RIN: Related to 2040-AF75
    RIN: 2040-AG13

EPA--OW

199. National Primary Drinking Water Regulations for Lead and Copper: 
Improvements (LCRI) [2040-AG16]

    Priority: Other Significant. Major status under 5 U.S.C. 801 is 
undetermined.
    Unfunded Mandates: Undetermined.
    Legal Authority: 42 U.S.C. 300f et seq. Safe Drinking Water Act
    CFR Citation: 40 CFR 141; 40 CFR 142
    Legal Deadline: None.
    Abstract: The Environmental Protection Agency (EPA) published the 
final Lead and Copper Rule Revision (LCRR) on January 15, 2021. EPA 
reviewed the LCRR and decided to initiate a new rulemaking process to 
improve the rule. This new National Primary Drinking Water Regulation 
is called the Lead and Copper Rule Improvements (LCRI). EPA is 
developing LCRI to strengthen the regulatory framework and address lead 
in drinking water.
    Statement of Need: The EPA promulgated the final Lead and Copper 
Rule Revision (LCRR) on January 15, 2021 (86 FR 4198). Consistent with 
the directives of Executive Order 13990, the EPA is currently 
considering revising this rulemaking. The EPA will complete its review 
of the rule in accordance with those directives and conduct important 
consultations with affected parties. The EPA understands that the 
benefits of clean water are not shared equally by all communities and 
this review of the LCRR will be consistent with the policy aims set 
forth in Executive Order 13985, ``Advancing Racial Equity and Support

[[Page 11153]]

for Underserved Communities through the Federal Government.''
    Summary of Legal Basis: The Safe Drinking Water Act, section 1412, 
National Primary Drinking Water Regulations, authorizes EPA to initiate 
the development of a rulemaking if the agency has determined that the 
action maintains or improves the public health.
    Alternatives: To be determined.
    Anticipated Cost and Benefits: To be determined.
    Risks: To be determined.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   08/00/23
Final Rule..........................   10/00/24
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Undetermined.
    Government Levels Affected: Federal, Local, State, Tribal.
    Federalism: This action may have federalism implications as defined 
in E.O. 13132.
    Additional Information:
    Sectors Affected: 23711 Water and Sewer Line and Related Structures 
Construction; 2213 Water, Sewage and Other Systems.
    Agency Contact: Ethan Schwartz, Environmental Protection Agency, 
Office of Water, 4601M, 1200 Pennsylvania Avenue NW, Washington, DC 
20460, Phone: 202 564-2537, Email: [email protected].
    Related RIN: Related to 2040-AF15, Related to 2040-AG15
    RIN: 2040-AG16

EPA--OW

200. Water Quality Standards Regulatory Revisions to Protect Tribal 
Reserved Rights [2040-AG17]

    Priority: Other Significant
    Legal Authority: 33 U.S.C. 1371
    CFR Citation: 40 CFR 131.
    Legal Deadline: None.
    Abstract: Many tribes hold reserved rights to resources on lands 
and waters where states establish water quality standards, through 
treaties, statutes, or other sources of federal law. The U.S. 
Constitution defines treaties as the supreme law of the land. EPA is 
pursuing a change to its water quality standards regulations to ensure 
that water quality standards do not impair tribal reserved rights by 
giving clear direction on how to develop water quality standards where 
tribes hold reserved rights. This will help EPA ensure protection of 
resources reserved to tribes in treaties, statutes, or other sources of 
federal law when establishing, revising, and reviewing water quality 
standards.
    Statement of Need: This proposed rule would establish a durable and 
transparent national framework outlining how tribal reserved rights to 
aquatic-dependent resources must be protected in water quality 
standards for waters in which such rights apply. In 2016 EPA took 
actions in Maine and Washington to protect tribal reserved rights, 
requiring that human health criteria for waters in those states where 
tribes reserved the rights to fish for subsistence be set at more 
stringent levels to protect tribal fish consumers. In 2019 EPA 
disavowed the approach it took to protecting tribal reserved rights in 
the 2016 Maine and Washington actions and concluded that states and EPA 
can always protect tribal reserved rights by simply applying EPA's 
existing regulations and guidance, with no additional consideration of 
such rights. EPA has now reconsidered the assertions it made under the 
previous Administration that tribal reserved rights do not impose any 
additional requirements in the WQS context. The changes in EPA's 
position regarding consideration of reserved rights in the water 
quality standards context over the years have resulted in confusion for 
tribes, states, stakeholders and the public about how tribal reserved 
rights must be considered in establishment of WQS. In addition, states 
and industry groups criticized EPA for taking its actions in 2016 
without first going through a national notice and comment rulemaking on 
its approach.
    Summary of Legal Basis: To be determined.
    Alternatives: To be determined.
    Anticipated Cost and Benefits: To be determined.
    Risks: To be determined.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   12/05/22  87 FR 74361
NPRM Comment Period End.............   03/06/23
Final Rule..........................   09/00/23
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Government Levels Affected: State, Federal, Tribal.
    Federalism: This action may have federalism implications as defined 
in E.O. 13132.
    Additional Information:
    Agency Contact: Jennifer Brundage, Environmental Protection Agency, 
Office of Water, 4305T, 1200 Pennsylvania Avenue NW, Washington, DC 
20460, Phone: 202 566-1265, Email: [email protected].
    Erica Fleisig, Environmental Protection Agency, Office of Water, 
4305T, 1200 Pennsylvania Avenue NW, Washington, DC 20460, Phone: 202 
566-1057, Email: [email protected].
    RIN: 2040-AG17

EPA--OW

201. Per- and Polyfluoroalkyl Substances (PFAS) National Primary 
Drinking Water Regulation Rulemaking [2040-AG18]

    Priority: Economically Significant. Major status under 5 U.S.C. 801 
is undetermined.
    Unfunded Mandates: Undetermined.
    Legal Authority: 42 U.S.C. 300f et seq. Safe Drinking Water Act
    CFR Citation: 40 CFR 141; 40 CFR 142.
    Legal Deadline: NPRM, Statutory, March 3, 2023, Safe Drinking Water 
Act.
    Final, Statutory, September 3, 2024, Safe Drinking Water Act.
    Abstract: On March 3, 2021, the Environmental Protection Agency 
(EPA) published the Fourth Regulatory Determinations in Federal 
Register, including a determination to regulate perfluorooctanoic acid 
(PFOA) and perfluorooctanesulfonic acid (PFOS) in drinking water. Per 
the Safe Drinking Water Act, following publication of the Regulatory 
Determination, the Administrator shall propose a maximum contaminant 
level goal (MCLG) and a national primary drinking water regulation 
(NPDWR) not later than 24 months after determination and promulgate a 
NPDWR within 18 months after proposal (the statute authorizes a 9-month 
extension of this promulgation date). With this action, EPA intends to 
develop a proposed national primary drinking water regulation for PFOA 
and PFOS, and as appropriate, take final action. Additionally, EPA will 
continue to consider other PFAS as part of this action. This action 
provides a key commitment in EPA's `PFAS Strategic Roadmap: EPA's 
Commitments to Action 2021-2024.'
    Statement of Need: EPA has determined that PFOA and PFOS may have 
adverse health effects; that PFOA and PFOS occur in public water 
systems with a frequency and at levels of public health concern; and 
that, in the sole judgment of the Administrator, regulation of PFOA and 
PFOS presents a meaningful opportunity for health risk reduction for 
persons served by public water systems.
    Summary of Legal Basis: The EPA is developing a PFAS NPDWR under 
the

[[Page 11154]]

authority of the Safe Drinking Water Act (SDWA), including sections 
1412, 1413, 1414, 1417, 1445, and 1450 of the SDWA. Section 1412 
(b)(1)(A) of the SDWA requires that EPA shall publish a maximum 
contaminant level goal and promulgate a NPDWR if the Administrator 
determines that (1) the contaminant may have an adverse effect on the 
health of persons, (2) is known to occur or there is a substantial 
likelihood that the contaminant will occur in public water systems with 
a frequency and at a level of public health concern, and (3) in the 
sole judgment of the Administrator there is a meaningful opportunity 
for health risk reduction for persons served by public water systems. 
EPA published a final determination to regulate PFOA and PFOS on March 
3, 2021 after considering public comment (86 FR 12272). Section 1412 
(b)(1)(E) of the SDWA requires that EPA publish a proposed Maximum 
Contaminant Level Goal and a NPDWR within 24 months of a final 
regulatory determination and that the Agency promulgate a NPDWR within 
18 months of proposal.
    Alternatives: Undetermined.
    Anticipated Cost and Benefits: Undetermined.
    Risks: Studies indicate that exposure to PFOA and/or PFOS above 
certain exposure levels may result in adverse health effects, including 
developmental effects to fetuses during pregnancy or to breast-fed 
infants (e.g., low birth weight, accelerated puberty, skeletal 
variations), cancer (e.g., testicular, kidney), liver effects (e.g., 
tissue damage), immune effects (e.g., antibody production and 
immunity), and other effects (e.g., cholesterol changes). Both PFOA and 
PFOS are known to be transmitted to the fetus via the placenta and to 
the newborn, infant, and child via breast milk. Both compounds were 
also associated with tumors in long-term animal studies.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Notice..............................   02/09/22  87 FR 7412
NPRM................................   12/00/22
Final Rule..........................   01/00/24
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Undetermined.
    Government Levels Affected: Federal, Local, State, Tribal.
    Federalism: Undetermined.
    Energy Effects: Statement of Energy Effects planned as required by 
Executive Order 13211.
    Additional Information:
    Agency Contact: Ethan Schwartz, Environmental Protection Agency, 
Office of Water, 4601M, 1200 Pennsylvania Avenue NW, Washington, DC 
20460, Phone: 202 564-2537, Email: [email protected].
    RIN: 2040-AG18

EPA--OW

202. Effluent Limitations Guidelines and Standards for the Steam 
Electric Power Generating Point Source Category [2040-AG23]

    Priority: Economically Significant. Major under 5 U.S.C. 801.
    Unfunded Mandates: Undetermined.
    Legal Authority: 33 U.S.C. 1361 33 U.S.C. 1318 33 U.S.C. 1317 33 
U.S.C. 1316 33 U.S.C. 1311 33 U.S.C. 1314
    CFR Citation: 40 CFR 423.
    Legal Deadline: None.
    Abstract: On July 26, 2021, EPA announced its decision to conduct a 
rulemaking to potentially strengthen the Steam Electric Effluent 
Limitations Guidelines (ELGs) (40 CFR 423). This rulemaking process 
could result in more stringent ELGs for wastestreams addressed in the 
2020 final rule as well as wastestreams not covered in the 2020 rule. 
The former could address petitioners' claims in current litigation 
pending in the Fourth Circuit Court of Appeals. Appalachian Voices v. 
EPA, No. 20-2187 (4th Cir.). EPA revised the Steam Electric ELGs in 
2015 and 2020.
    Statement of Need: Under Executive Order 13990 on Protecting Public 
Health and the Environment and Restoring Science to Tackle the Climate 
Crisis (January 20, 2021), EPA was directed to review the 2020 Steam 
Electric Reconsideration Rule.
    Summary of Legal Basis: Sections 101; 301; 304(b), (c), (e), and 
(g); 306; 307; 308 and 501, Clean Water Act (Federal Water Pollution 
Control Act Amendments of 1972, as amended; 33 U.S.C. 1251; 1311; 
1314(b), (c), (e), and (g); 1316; 1317; 1318 and 1361).
    Alternatives: To Be Determined.
    Anticipated Cost and Benefits: To Be Determined.
    Risks: To Be Determined.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Notice..............................   08/03/21  86 FR 41801
NPRM................................   01/00/23
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Undetermined.
    Government Levels Affected: State, Local, Federal.
    Federalism: Undetermined.
    Additional Information: EPA-HQ-OW-2009-0819.
    Sectors Affected: 221112 Fossil Fuel Electric Power Generation.
    Agency Contact: Jesse Pritts, Environmental Protection Agency, 
Office of Water, Mail Code 4303T, 1200 Pennsylvania Avenue NW, 
Washington, DC 20460, Phone: 202 566-1038, Email: [email protected].
    Related RIN: Related to 2040-AF77, Merged with 2040-AG11
    RIN: 2040-AG23

EPA--OFFICE OF AIR AND RADIATION (OAR)

Final Rule Stage

203. Control of Air Pollution From New Motor Vehicles: Heavy-Duty 
Engine and Vehicle Standards [2060-AU41]

    Priority: Economically Significant. Major under 5 U.S.C. 801.
    Unfunded Mandates: Undetermined.
    Legal Authority: 42 U.S.C. 7401 et seq., Clean Air Act
    CFR Citation: 40 CFR 86.
    Legal Deadline: None.
    Abstract: The Environmental Protection Agency (EPA) is finalizing a 
major program to further reduce air pollution, including ozone and 
particulate matter (PM), from heavy-duty engines and vehicles across 
the United States. The final program includes new emission standards 
that are significantly more stringent and that cover a wider range of 
heavy-duty engine operating conditions compared to today's standards; 
further, the final program requires these more stringent emissions 
standards to be met for a longer period of when these engines operate 
on the road. Heavy-duty vehicles and engines are important contributors 
to concentrations of ozone and particulate matter and their resulting 
threat to public health, which includes premature death, respiratory 
illness (including childhood asthma), cardiovascular problems, and 
other adverse health impacts. The final rulemaking promulgates new 
numeric standards and changes key provisions of the existing heavy-duty 
emission control program, including the test procedures, regulatory 
useful life, emission-related warranty, and other requirements. 
Together, the provisions in the final rule will further reduce the air 
quality impacts of heavy-duty engines across a range of operating 
conditions and over a longer period of the operational life of heavy-
duty engines. The requirements in the final rule will lower emissions 
of NOX and other air pollutants (PM, hydrocarbons (HC), 
carbon monoxide (CO), and air toxics) beginning no later than model 
year 2027. We are also finalizing limited amendments to the regulations 
that

[[Page 11155]]

implement our air pollutant emission standards for other sectors (e.g., 
light-duty vehicles, marine diesel engines, locomotives, various other 
types of nonroad engines, vehicles, and equipment).
    Statement of Need: This action follows petitions for a rulemaking 
on this issue from over 20 organizations including state and local air 
agencies from across the country.
    Summary of Legal Basis: CAA section 202(a).
    Alternatives: EPA may request comment to address alternative 
options in the proposed rule.
    Anticipated Cost and Benefits: Updating these standards will result 
in NOX reductions from mobile sources and could be one 
important way that allows areas across the U.S. to meet National 
Ambient Air Quality Standards for ozone and particulate matter. 
Updating the standards will also offer opportunities to reduce 
regulatory burden through smarter program design.
    Risks: EPA will evaluate the risks of this rulemaking.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
ANPRM...............................   01/21/20  85 FR 3306
NPRM................................   03/28/22  87 FR 17414
Final Rule..........................   12/00/22
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Undetermined.
    Government Levels Affected: Undetermined.
    Federalism: Undetermined.
    International Impacts: This regulatory action will be likely to 
have international trade and investment effects, or otherwise be of 
international interest.
    Additional Information:
    Sectors Affected: 811198 All Other Automotive Repair and 
Maintenance; 336999 All Other Transportation Equipment Manufacturing; 
336111 Automobile Manufacturing; 423110 Automobile and Other Motor 
Vehicle Merchant Wholesalers; 811112 Automotive Exhaust System Repair; 
811111 General Automotive Repair; 336120 Heavy Duty Truck 
Manufacturing; 336112 Light Truck and Utility Vehicle Manufacturing; 
336213 Motor Home Manufacturing; 336211 Motor Vehicle Body 
Manufacturing; 335312 Motor and Generator Manufacturing; 333618 Other 
Engine Equipment Manufacturing; 336611 Ship Building and Repairing; 
336212 Truck Trailer Manufacturing.
    Agency Contact: Christy Parsons, Environmental Protection Agency, 
Office of Air and Radiation, USEPA National Vehicle and Fuel Emissions 
Laboratory, Ann Arbor, MI 48105, Phone: 734 214-4243, Email: 
[email protected].
    Tuana Phillips, Environmental Protection Agency, Office of Air and 
Radiation, 1200 Pennsylvania NW, Washington, DC 20460, Phone: 202 565-
0074, Email: [email protected].
    Related RIN: Split from 2060-AV85
    RIN: 2060-AU41

EPA--OAR

204. Neshap: Coal- and Oil-Fired Electric Utility Steam Generating 
Units--Revocation of the 2020 Reconsideration, and Affirmation of the 
Appropriate and Necessary Supplemental Finding [2060-AV12]

    Priority: Other Significant.
    Legal Authority: secs. 112 and 307(d)(7)(B) of the CAA as amended 
(42 U.S.C. 7412 and 7607(d)(7)(B)). This action is also subject to 
section 307(d) of the CAA (42 U.S.C. 7607(d)); 42 U.S.C. 7414, 7601
    CFR Citation: 40 CFR 63, subpart UUUUU.
    Legal Deadline: None.
    Abstract: On February 16, 2012, EPA promulgated National Emission 
Standards for Hazardous Air Pollutants for Coal- and Oil-fired Electric 
Utility Steam Generating Units (77 FR 9304). The rule (40 CFR part 63, 
subpart UUUUU), commonly referred to as the Mercury and Air Toxics 
Standards (MATS), includes standards to control hazardous air pollutant 
(HAP) emissions from new and existing coal- and oil-fired electric 
utility steam generating units (EGUs) located at both major and area 
sources of HAP emissions. There have been several regulatory actions 
regarding MATS since February 2012, including a May 22, 2020, action 
that completed a reconsideration of the appropriate and necessary 
finding for MATS and finalized the residual risk and technology review 
(RTR) conducted for the Coal- and Oil-Fired EGU source category 
regulated under MATS (85 FR 31286). The Biden Administration's 
Executive Order (E.O.) 13990, Protecting Public Health and the 
Environment and Restoring Science To Tackle the Climate Crisis, 
``directs all executive departments and agencies (agencies) to 
immediately review and, as appropriate and consistent with applicable 
law, take action to address the promulgation of Federal regulations and 
other actions during the last 4 years that conflict with these 
important national objectives, and to immediately commence work to 
confront the climate crisis.'' Section 2(a)(iv) of the Executive order 
specifically directs that the Administrator consider publishing, as 
appropriate and consistent with applicable law a proposed rule 
suspending, revising, or rescinding the ``National Emission Standards 
for Hazardous Air Pollutants: Coal- and Oil-Fired Electric Utility 
Steam Generating Units--Reconsideration of Supplemental Finding and 
Residual Risk and Technology Review,'' 85 FR 31286 (May 22, 2020). EPA 
issued a proposed revised reconsideration of the appropriate and 
necessary finding on February 9, 2022 (87 FR 7624). Results of EPA's 
review of the May 2020 RTR will be presented in a separate action.
    Statement of Need: As directed by Executive Order 13990, EPA has 
completed its review of the May 2020 finding that it is not appropriate 
and necessary to regulate coal- and oil-fired EGUs under Clean Air Act 
section 112. EPA is issuing its final determination regarding the 
review of the May 2020 finding, after considering public comment on the 
proposed determination.
    Summary of Legal Basis: CAA section 112, 42 U.S.C. 7412, provides 
the legal framework and basis for regulatory actions addressing 
emissions of hazardous air pollutants from stationary sources.
    Alternatives: EPA has considered two bases for the appropriate and 
necessary determination, one preferred and one alternative.
    Anticipated Cost and Benefits: There are no anticipated costs or 
benefits because there are no regulatory amendments or impacts 
associated with review of the appropriate and necessary finding.
    Risks: There are no anticipated risks because there are no 
regulatory amendments or impacts associated with review of the 
appropriate and necessary finding.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   02/09/22  87 FR 7624
Final Rule..........................   03/00/23  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Undetermined.
    Government Levels Affected: None.
    Additional Information: EPA-HQ-OAR-2018-0794.
    Sectors Affected: 221122 Electric Power Distribution; 221112 Fossil 
Fuel Electric Power Generation.
    URL For More Information: https://www.epa.gov/mats/regulatory-actions-final-mercury-and-air-toxics-standards-mats-power-plants.

[[Page 11156]]

    Agency Contact: Melanie King, Environmental Protection Agency, 
Office of Air and Radiation, 109 T.W. Alexander Drive, Mail Code D243-
01, Research Triangle Park, NC 27711, Phone: 919 541-2469, Email: 
[email protected].
    Nick Hutson, Environmental Protection Agency, Office of Air and 
Radiation, 109 T.W. Alexander Drive Mail Code D243-01, Research 
Triangle Park, NC 27711, Phone: 919 541-2968, Fax: 919 541-4991, Email: 
[email protected].
    Related RIN: Related to 2060-AT99
    RIN: 2060-AV12

EPA--OFFICE OF CHEMICAL SAFETY AND POLLUTION PREVENTION (OCSPP)

Final Rule Stage

205. Pesticides; Exemptions of Certain Plant-Incorporated Protectants 
(PIPS) Derived From Newer Technologies [2070-AK54]

    Priority: Other Significant.
    Legal Authority: 21 U.S.C. 346a, Federal Food, Drug, and Cosmetic 
Act 7 U.S.C. 136 et seq. Federal Insecticide Fungicide and Rodenticide 
Act; 7 U.S.C. 136(w) Federal Insecticide Fungicide and Rodenticide Act
    CFR Citation: 40 CFR 174.
    Legal Deadline: None.
    Abstract: In 2020, EPA proposed regulations that would allow for an 
exemption under the Federal Insecticide, Fungicide, and Rodenticide Act 
(FIFRA) and the Federal Food, Drug, and Cosmetic Act (FFDCA) for 
certain plant-incorporated protectant (PIP) products that are created 
in plants using biotechnology, as long as their pesticidal substances 
are found in plants that are sexually compatible with the recipient 
plant and meet the proposed exemption criteria, ensuring their safety. 
The current exemption for PIPs is limited to PIPs that are moved 
through conventional breeding. EPA's proposed rule would allow certain 
PIPs created through biotechnology to also be exempt under existing 
regulations, in cases where those PIPs (1) pose no greater risk than 
PIPs that meet EPA safety requirements, and (2) could have otherwise 
been created through conventional breeding. The proposed rule also 
includes a process through which developers of PIPs based on sexually 
compatible plants created through biotechnology submit either a self-
determination letter or request for EPA confirmation that their PIP 
meets the criteria for exemption. For increased flexibility in bringing 
PIPs to market, a developer can also submit both. EPA is reviewing the 
comments received and is planning to issue a final rule.
    Statement of Need: This rule implements the policy goals 
articulated by multiple administrations to improve, clarify, and 
streamline regulations of biotechnology, beginning with the White House 
Office of Science and Technology Policy in a policy statement in 1986 
on the ``Coordinated Framework for the Regulation of Biotechnology'' 
(51 FR 23302; June 26, 1986), the update to the Coordinated Framework 
in 2017, and, more recently, the June 11, 2019, Executive Order 13874 
(84 FR 27899) on ``Modernizing the Regulatory Framework for 
Agricultural Biotechnology Products.'' This rulemaking is intended to 
further implement section 4(b) of Executive Order 13874.
    Summary of Legal Basis: This action is being developed under the 
authority of sections 3, 5, 10, 12 and 25 of the Federal Insecticide, 
Fungicide, and Rodenticide Act (FIFRA) (7 U.S.C. 136 and 136y), and 
section 408 of the Federal Food, Drug, and Cosmetic Act (FFDCA) (21 
U.S.C. 346a).
    Alternatives: The main alternative is to continue to consider 
individual requests for exempting these PIPs on a case-by-case basis.
    Anticipated Cost and Benefits: An assessment of the incremental 
impacts of this action is provided in greater detail in the economic 
analysis that will accompany the final rule. As described for the 
proposed rule, the primary benefits to society associated with the 
exemptions of these PIPs from FIFRA and FFDCA requirements are the 
reduction of overall registration costs (fees plus data requirement 
costs) to developers of PIPs exempted in the rulemaking with a per-
product cost saving estimated to range from $472,000-$886,000 using a 
3% discount rate on future maintenance fees. These exemptions may also 
result in increased commercialization of new pest control options for 
farmers, particularly in minor crops, and reduced use of conventional 
pesticides, which could provide environmental benefits.
    Risks: EPA did not identify any risks to humans or the environment 
as a result of this action.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   10/09/20  85 FR 64308
Final Rule..........................   04/00/23  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Small Entities Affected: No.
    Government Levels Affected: None.
    International Impacts: This regulatory action will be likely to 
have international trade and investment effects, or otherwise be of 
international interest.
    Additional Information: EPA-HQ-OPP-2019-0508.
    Sectors Affected: 111 Crop Production; 325320 Pesticide and Other 
Agricultural Chemical Manufacturing.
    URL For More Information: https://www.epa.gov/regulation-biotechnology-under-tsca-and-fifra/overview-plant-incorporated-protectants.
    Agency Contact: Wiebke Striegel, Environmental Protection Agency, 
Office of Chemical Safety and Pollution Prevention, Mail Code 7511P, 
1200 Pennsylvania Avenue NW, Washington, DC 20460, Phone: 703 347-0556, 
Email: [email protected].
    Cameo Smoot, Environmental Protection Agency, Office of Chemical 
Safety and Pollution Prevention, 1200 Pennsylvania Avenue NW, Mail Code 
7101M, Washington, DC 20460, Phone: 202 566-1207, Email: 
[email protected].
    RIN: 2070-AK54

EPA--OCSPP

206. Asbestos Part 1: Chrysotile Asbestos; Regulation of Certain 
Conditions of Use Under Section 6(a) of the Toxic Substances Control 
Act (TSCA) [2070-AK86]

    Priority: Economically Significant. Major under 5 U.S.C. 801.
    Unfunded Mandates: This action may affect the private sector under 
Public Law 104-4.
    Legal Authority: 15 U.S.C. 2605 Toxic Substances Control Act
    CFR Citation: 40 CFR 751.
    Legal Deadline: NPRM, Statutory, December 28, 2021, TSCA sec. 6(c). 
Final, Statutory, December 28, 2022, TSCA sec. 6(c).
    Abstract: On April 12, 2022, EPA proposed a rule under the Toxic 
Substances Control Act (TSCA) to address the unreasonable risk of 
injury to health that EPA identified for conditions of use of 
chrysotile asbestos following completion of the TSCA Risk Evaluation 
for Asbestos, part 1: Chrysotile Asbestos. TSCA requires that EPA 
address the unreasonable risks of injury to health and environment by 
rule and to apply requirements to the extent necessary so that 
chrysotile asbestos no longer presents such risks. Therefore, to 
address the unreasonable risk identified in the TSCA Risk Evaluation 
for Asbestos, part 1 from

[[Page 11157]]

chrysotile asbestos, EPA proposed to prohibit manufacture (including 
import), processing, distribution in commerce and commercial use of 
chrysotile asbestos for chrysotile asbestos diaphragms for use in the 
chlor-alkali industry, chrysotile asbestos-containing sheet gaskets 
used in chemical production, chrysotile asbestos-containing brake 
blocks used in the oil industry, aftermarket automotive chrysotile 
asbestos-containing brakes/linings, other chrysotile asbestos-
containing vehicle friction products, and other chrysotile asbestos-
containing gaskets. EPA also proposed to prohibit manufacture 
(including import), processing, and distribution in commerce of 
aftermarket automotive chrysotile asbestos-containing brakes/linings 
for consumer use, and other chrysotile asbestos-containing gaskets for 
consumer use. Finally, EPA also proposed disposal and recordkeeping 
requirements for these conditions of use. EPA is reviewing the comments 
received and intends to develop a final rule.
    Statement of Need: This rulemaking is needed to address the 
unreasonable risk of chrysotile asbestos identified in the Risk 
Evaluation for Asbestos Part I: Chrysotile Asbestos completed under 
TSCA section 6(b). EPA reviewed the exposures and hazards of the 
chrysotile asbestos uses evaluated in the risk evaluation, the 
magnitude of risk, exposed populations, severity of the hazard, 
uncertainties, and other factors. EPA sought input from the public and 
peer reviewers as required by TSCA and associated regulations.
    Summary of Legal Basis: In accordance with TSCA section 6(a), if 
EPA determines in a final risk evaluation completed under TSCA 6(b) 
that the manufacture, processing, distribution in commerce, use, or 
disposal of a chemical substance or mixture, or that any combination of 
such activities, presents an unreasonable risk of injury to health or 
the environment, the Agency must issue regulations requiring one or 
more of the following actions to the extent necessary so that the 
chemical substance no longer presents an unreasonable risk: (1) 
Prohibit or otherwise restrict manufacture, processing, or distribution 
in commerce; (2) Prohibit or otherwise restrict for a particular use or 
above a set concentration; (3) Require minimum warnings and 
instructions with respect to use, distribution in commerce, or 
disposal; (4) Require recordkeeping or testing; (5) Prohibit or 
regulate any manner or method of commercial use; (6) Prohibit or 
regulate any manner or method of disposal; and/or (7) Direct 
manufacturers or processors to give notice of the unreasonable risk to 
distributors and replace or repurchase products if required.
    Alternatives: TSCA section 6(a) requires EPA to address by rule 
chemical substances that the Agency determines present unreasonable 
risk upon completion of a final risk evaluation. As required under TSCA 
section 6(c), EPA considered one or more primary alternative regulatory 
actions as part of the development of the proposed rule. The primary 
alternative regulatory action considered by EPA in the proposed rule is 
to: prohibit manufacture (including import), processing, distribution 
in commerce and commercial use of chrysotile asbestos in bulk form or 
as part of: Chrysotile asbestos diaphragms in the chlor-alkali industry 
and for chrysotile asbestos-containing sheet gaskets in chemical 
production (with prohibitions taking effect five years after the 
effective date of the final rule) and require, prior to the prohibition 
taking effect, compliance with an existing chemicals exposure limit 
(ECEL) for the processing and commercial use of chrysotile asbestos for 
these uses; and to prohibit manufacture (including import), processing, 
distribution in commerce, and commercial use of chrysotile asbestos-
containing brake blocks in the oil industry; aftermarket automotive 
chrysotile asbestos-containing brakes/linings; and other vehicle 
friction products (with prohibitions taking effect two years after the 
effective date of the final rule and with additional requirements for 
disposal). The primary alternative regulatory action considered in the 
proposed rule also included prohibitions on manufacture (including 
import), processing, and distribution in commerce of aftermarket 
automotive chrysotile asbestos-containing brakes/linings for consumer 
use and other chrysotile asbestos-containing gaskets for consumer use 
(with prohibitions taking effect two years after the effective date of 
the final rule). The primary alternative regulatory action also would 
require disposal of chrysotile asbestos-containing materials in a 
manner identical to the proposed option, with additional provisions for 
downstream notification and signage and labeling. EPA did not consider 
additional alternative regulatory actions in the proposed rule.
    Anticipated Cost and Benefits: As estimated in the proposed rule, 
converting the asbestos diaphragm cells to membrane cells in response 
to the proposed rule is predicted to require an incremental investment 
of approximately $1.8 billion across all nine plants predicted to be 
using asbestos diaphragms when the rule goes into effect. Compared to 
this baseline trend, the incremental net effect of the proposed rule on 
the chlor-alkali industry over a 20-year period using a 3 percent 
discount rate is estimated to range from an annualized cost of about 
$49 million per year to annualized savings of approximately $35 million 
per year, depending on whether the higher grade of caustic soda 
produced by membrane cells continues to command a premium price. Using 
a 7 percent discount rate, the incremental annualized net effect ranges 
from a cost of $87 million per year to savings of approximately $40,000 
per year, again depending on whether there are revenue gains from the 
caustic soda production. EPA also estimates that approximately 1,800 
sets of automotive brakes or brake linings containing asbestos may be 
imported into the U.S. each year, representing 0.002% of the total U.S. 
market for aftermarket brakes. The cost of a prohibition would be 
minimal due to the ready availability of alternative products that are 
only slightly more expensive (an average cost increase of $4 per 
brake). The proposed rule is estimated to result in total annualized 
costs for aftermarket automotive brakes of approximately $25,000 per 
year using a 3% discount rate and $18,000 per year using a 7% discount 
rate. EPA did not have information to estimate the costs of prohibiting 
asbestos for the remaining uses subject to the proposed rule (sheet 
gaskets used in chemical production, brake blocks in the oil industry, 
other vehicle friction products, or other gaskets), so there are 
additional unquantified costs. EPA believes that the use of these 
asbestos-containing products has declined over time, and that they are 
now used in at most small segments of the industries. EPA's Economic 
Analysis for the proposed rule quantified the benefits from avoided 
cases of lung cancer, mesothelioma, ovarian cancer, and laryngeal 
cancer due to reduced asbestos exposures to workers, occupational non-
users (ONUs), and DIYers related to the rule's requirements for chlor-
alkali diaphragms, sheet gaskets for chemical production, and 
aftermarket brakes. The combined national quantified benefits of 
avoided cancer cases associated with these products are approximately 
$3,100 per year using a 3% discount rate and $1,200 per year using a 7% 
discount rate, based on the cancer risk estimates from the Part 1 risk 
evaluation. EPA did not estimate the aggregate benefits of the 
requirements for oilfield brake blocks,

[[Page 11158]]

other vehicle friction products or other gaskets because the Agency did 
not have sufficient information on the number of individuals likely to 
be affected by the proposed rule. Thus, as proposed, the rule may yield 
additional unquantified benefits from reducing exposures associated 
with these uses. There would also be unquantified benefits due to other 
avoided adverse health effects associated with asbestos exposure 
including respiratory effects (e.g., asbestosis, non-malignant 
respiratory disease, deficits in pulmonary function, diffuse pleural 
thickening and pleural plaques) and immunological and lymphoreticular 
effects. In addition to the benefits of avoided adverse health effects 
associated with chrysotile asbestos exposure, the proposed rule is 
expected to generate significant benefits from reduced air pollution 
associated with electricity generation. Based on a sensitivity 
screening-level analysis that EPA conducted, converting asbestos 
diaphragm cells to membrane cells could yield tens of millions of 
dollars per year in environmental and health benefits from reduced 
emissions of particulate matter, sulfur dioxide, nitrogen oxides, and 
carbon dioxide.
    Risks: In the TSCA Risk Evaluation for Asbestos, Part 1: Chrysotile 
Asbestos, EPA determined there is unreasonable risk of injury to health 
from conditions of use of chrysotile asbestos. The health endpoint 
driving EPA's determination of unreasonable risk for chrysotile 
asbestos under the conditions of use is cancer from inhalation 
exposure. This unreasonable risk includes the risk of mesothelioma, 
lung cancer, and other cancers from chronic inhalation.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   04/12/22  87 FR 21706
Final Rule..........................   10/00/23  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Small Entities Affected: Businesses.
    Government Levels Affected: Federal.
    Federalism: This action may have federalism implications as defined 
in E.O. 13132.
    International Impacts: This regulatory action will be likely to 
have international trade and investment effects, or otherwise be of 
international interest.
    Additional Information: EPA-HQ-OPPT-2021-0057.
    Sectors Affected: 8111 Automotive Repair and Maintenance; 325 
Chemical Manufacturing; 332 Fabricated Metal Product Manufacturing; 
339991 Gasket, Packing, and Sealing Device Manufacturing; 4231 Motor 
Vehicle and Motor Vehicle Parts and Supplies Merchant Wholesalers; 441 
Motor Vehicle and Parts Dealers; 211 Oil and Gas Extraction; 336 
Transportation Equipment Manufacturing.
    URL For More Information: https://www.epa.gov/assessing-and-managing-chemicals-under-tsca/risk-management-asbestos-part-1-chrysotile-asbestos.
    Agency Contact: Robert Courtnage, Environmental Protection Agency, 
Office of Chemical Safety and Pollution Prevention, 1200 Pennsylvania 
Avenue NW, Mail Code 7404T, Washington, DC 20460, Phone: 202 566-1081, 
Email: [email protected].
    Peter Gimlin, Environmental Protection Agency, Office of Chemical 
Safety and Pollution Prevention, 1200 Pennsylvania Avenue NW, Mail Code 
7404T, Washington, DC 20460, Phone: 202 566-0515, Fax: 202 566-0473, 
Email: [email protected].
    RIN: 2070-AK86

EPA--OFFICE OF LAND AND EMERGENCY MANAGEMENT (OLEM)

Final Rule Stage

207. Hazardous and Solid Waste Management System: Disposal of Coal 
Combustion Residuals From Electric Utilities; Federal CCR Permit 
Program [2050-AH07]

    Priority: Other Significant.
    Legal Authority: 42 U.S.C. 6945
    CFR Citation: 40 CFR 124; 40 CFR 257; 40 CFR 22.
    Legal Deadline: None.
    Abstract: The Water Infrastructure Improvements for the Nation 
(WIIN) Act established a new coal combustion residual (CCR) regulatory 
structure under which states may seek approval from the Environmental 
Protection Agency (EPA) to operate a permitting program that would 
regulate CCR facilities within their state; if approved, the state 
program would operate in lieu of the federal requirements. The WIIN Act 
requires that such state programs must ensure that facilities comply 
with either the federal regulations or with state requirements that the 
EPA has determined are ``at least as protective as'' the federal 
regulations. Furthermore, the WIIN Act established a requirement for 
the EPA to establish a federal permit program for the disposal of CCR 
in Indian Country and in ``nonparticipating'' states, contingent upon 
Congressional appropriations. In March 2018 (Pub. L. 115-141) and March 
2019 (Pub. L. 116-6), Congress appropriated funding for federal CCR 
permitting. The final rule would establish a new federal permitting 
program for disposal of CCR. The potentially regulated universe is 
limited to facilities with CCR disposal units subject to regulation 
under 40 CFR part 257 subpart D, which are located in Indian Country 
and in nonparticipating states. Remaining CCR facilities would be 
regulated by an approved state program and would not be subject to 
federal permitting requirements.
    Statement of Need: The Water Infrastructure Improvements for the 
Nation (WIIN) Act established a new CCR regulatory structure under 
which states may seek approval from the EPA to operate a permitting 
program that would operate in lieu of the federal requirements. 
Furthermore, the WIIN Act established a requirement for the EPA to 
establish a federal permit program for the disposal of CCR in Indian 
Country and in nonparticipating states, contingent upon Congressional 
appropriations. In March 2018, Congress appropriated funding for 
federal CCR permitting.
    Summary of Legal Basis: No statutory or judicial deadlines apply to 
this rule. This rule would be established under the authority of the 
Solid Waste Disposal Act of 1970, as amended by the Resource 
Conservation and Recovery Act of 1976 (RCRA), as amended by the 
Hazardous and Solid Waste Amendments of 1984 (HWSA) and the Water 
Infrastructure Improvements for the Nation Act of 2016.
    Alternatives: The Agency provided public notice and opportunity for 
comment on the proposal to establish a federal permit program. The 
proposal included procedures for issuing permits. Substantive 
requirements are addressed in the existing CCR regulations (40 CFR part 
257 Subpart D). Alternatives considered in the proposal included 
approaches to tiering initial application deadlines (e.g., by risks 
presented due to unit stability or other factors, such as leaking 
units) and procedures for permit by rule or issuance of general permits 
as an alternative to individual permits.
    Anticipated Cost and Benefits: Costs and benefits of the February 
20, 2020 proposal were presented in the Regulatory Impact Analysis 
(RIA) supporting the proposed rule. The EPA estimated that the net 
effect of proposed revisions would result in an estimated annual cost 
of this proposal is a cost increase of approximately $136,312. This 
cost increase is composed of approximately $135,690 in annualized labor 
costs and $622 in capital or operation and maintenance costs.
    Risks: The proposal to establish a federal CCR permit program is 
not

[[Page 11159]]

expected to impact the overall risk conclusions discussed in the 2015 
CCR Rule. The proposal would establish procedural requirements for 
issuance of permits would generally not establish substantive 
requirements affecting environmental risk.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   02/20/20  85 FR 9940
Final Rule..........................   07/00/23
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Small Entities Affected: Businesses.
    Government Levels Affected: Federal, Local, Tribal.
    Additional Information: EPA-HQ-OLEM-2019-0361.
    Sectors Affected: 221112 Fossil Fuel Electric Power Generation.
    URL For More Information: https://www.epa.gov/coalash.
    URL For Public Comments: https://www.regulations.gov/docket?D=EPA-HQ-OLEM-2019-0361.
    Agency Contact: Stacey Yonce, Environmental Protection Agency, 
Office of Land and Emergency Management, 1200 Pennsylvania Avenue NW, 
Mail Code 5304T, Washington, DC 20460, Phone: 202 566-0568, Email: 
[email protected].
    RIN: 2050-AH07

EPA--OLEM

208. Hazardous and Solid Waste Management System: Disposal of CCR; a 
Holistic Approach to Closure Part B: Implementation of Closure [2050-
AH18]

    Priority: Other Significant.
    Legal Authority: 42 U.S.C. 6906; 42 U.S.C. 6907; 42 U.S.C. 6912(a); 
42 U.S.C. 6944; 42 U.S.C. 6945(c)
    CFR Citation: 40 CFR 257.
    Legal Deadline: None.
    Abstract: On April 17, 2015, the Environmental Protection Agency 
(EPA) promulgated national minimum criteria for existing and new coal 
combustion residuals (CCR) landfills and existing and new CCR surface 
impoundments. On August 21, 2018, the D.C. Circuit Court of Appeals 
issued its opinion in the case of Utility Solid Waste Activities Group, 
et al. v. EPA. On October 15, 2018, the court issued its mandate, 
vacating certain provisions of the 2015 final rule.
    On March 3, 2020, the EPA proposed a number of revisions and 
flexibilities to the CCR regulations. In particular, the EPA proposed 
the following revisions: (1) Procedures to allow facilities to request 
approval to use an alternate liner for CCR surface impoundments; (2) 
Two co-proposed options to allow the use of CCR during unit closure; 
(3) An additional closure option for CCR units being closed by removal 
of CCR; and (4) Requirements for annual closure progress reports. The 
EPA has since taken final action on one of the four proposed issues. 
Specifically, on November 12, 2020, the EPA issued a final rule that 
would allow a limited number of facilities to demonstrate to the EPA 
that based on groundwater data and the design of a particular surface 
impoundment, the unit has and will continue to have no probability of 
adverse effects on human health and the environment. (This final rule 
was covered under RIN 2050-AH11. See ``Additional Information'' 
section.) The present rulemaking would consider taking final action on 
the remaining proposed issues.
    Statement of Need: On April 17, 2015, the EPA finalized national 
regulations to regulate the disposal of Coal Combustion Residuals (CCR) 
as solid waste under subtitle D of the Resource Conservation and 
Recovery Act (RCRA) (2015 CCR Rule). On March 3, 2020, the EPA proposed 
a number of revisions to the CCR regulations, the last in a set of four 
planned actions to implement the Water Infrastructure Improvements for 
the Nation (WIIN) Act, respond to petitions, address litigation and 
apply lessons learned to ensure smoother implementation of the 
regulations.
    Summary of Legal Basis: No statutory or judicial deadlines apply to 
this rule. This rule would be established under the authority of the 
Solid Waste Disposal Act of 1970, as amended by the Resource 
Conservation and Recovery Act of 1976 (RCRA), as amended by the 
Hazardous and Solid Waste Amendments of 1984 (HWSA) and the Water 
Infrastructure Improvements for the Nation Act of 2016.
    Alternatives: The Agency provided public notice and opportunity for 
comment on these issues associated with the closure of CCR surface 
impoundments. Each of these issues is fairly narrow in scope and we 
have not identified any significant alternatives for analysis.
    Anticipated Cost and Benefits: Costs and benefits of the March 3, 
2020 proposed targeted changes were presented in the Regulatory Impact 
Analysis (RIA) supporting the proposed rule. EPA estimated that the net 
effect of proposed revisions (excluding the one issue that EPA 
finalized on November 12, 2020) to be an annualized cost savings of 
between $37 million and $129 million when discounting at 7%. The RIA 
also qualitatively describes the potential effects of the proposal on 
two categories of benefits from the 2015 CCR Rule.
    Risks: Key benefits of the 2015 CCR Rule included the prevention of 
future catastrophic failures of CCR surface impoundments, the 
protection of groundwater from contamination, the reduction of dust in 
communities near CCR disposal units and increases in the beneficial use 
of CCR. The average annual monetized benefits of the 2015 CCR Rule were 
estimated to be $232 million per year using a seven percent discount 
rate. For reasons discussed in the March 3, 2020 proposal, the EPA was 
unable to quantify or monetize the proposed rule's incremental effect 
on human health and the environment using currently available data.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   03/03/20  85 FR 12456
Final Rule..........................   08/00/23
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Small Entities Affected: Businesses.
    Government Levels Affected: Tribal, State, Local, Federal.
    Additional Information: EPA-HQ-OLEM-2019-0173. The action is 
related to 2050-AH11: Hazardous and Solid Waste Management System: 
Disposal of CCR; A Holistic Approach to Closure Part B: Alternate 
Demonstration for Unlined Surface Impoundments; Implementation of 
Closure. This action was split from 2050-AH11 after the March 3, 2020 
NPRM (85 FR 12456) as two final rules would be developed based on the 
proposed rule. The November 12, 2020 final rule (85 FR 72506) mentioned 
in this abstract was covered under 2050-AH11.
    Sectors Affected: 221112 Fossil Fuel Electric Power Generation.
    URL For More Information: https://www.epa.gov/coalash.
    URL For Public Comments: https://www.regulatons.gov/docket?D=EPA-HQ-OLEM-2019-0173.
    Agency Contact: Mary Jackson, Environmental Protection Agency, 
Office of Land and Emergency Management, 1200 Pennsylvania Avenue NW, 
Mail Code 5304P, Washington, DC 20460, Phone: 703 308-8453, Email: 
[email protected].
    Frank Behan, Environmental Protection Agency, Office of Land and 
Emergency Management, Mail Code 5304T, 1200 Pennsylvania Avenue NW, 
Washington, DC 20460, Phone: 202 566-1730, Email: [email protected].
    RIN: 2050-AH18


[[Page 11160]]



EPA--OLEM

209. Accidental Release Prevention Requirements: Risk Management 
Program Under the Clean Air Act; Safer Communities by Chemical Accident 
Prevention [2050-AH22]

    Priority: Economically Significant. Major under 5 U.S.C. 801.
    Legal Authority: 42 U.S.C. 7412
    CFR Citation: 40 CFR 68.
    Legal Deadline: None.
    Abstract: The Environmental Protection Agency (EPA) is proposing to 
amend its Risk Management Program (RMP) regulations as a result of 
Agency review. The proposed revisions include several changes and 
amplifications to the accident prevention program requirements, 
enhancements to the emergency preparedness requirements, increased 
public availability of chemical hazard information, and several other 
changes to certain regulatory definitions or points of clarification. 
These proposed amendments seek to improve chemical process safety; 
assist in planning, preparedness, and responding to RMP-reportable 
accidents; and improve public awareness of chemical hazards at 
regulated sources.
    Statement of Need: On January 13, 2017, the EPA published a final 
RMP rule (2017 Amendments) to prevent and mitigate the effect of 
accidental releases of hazardous chemicals from facilities that use, 
manufacture, and store them. The 2017 Amendments were a result of 
Executive Order 13650, Improving Chemical Facility Safety and Security, 
which directed EPA (and several other federal agencies) to, among other 
things, modernize policies, regulations, and standards to enhance 
safety and security in chemical facilities. The 2017 Amendments rule 
contained various new provisions applicable to RMP-regulated facilities 
addressing prevention program elements, emergency coordination with 
local responders, and information availability to the public. EPA 
received three petitions for reconsideration of the 2017 Amendments 
rule under CAA section 307(d)(7)(B). On December 19, 2019, EPA 
promulgated a final RMP rule (2019 Revisions) that acts on the 
reconsideration. The 2019 Revisions rule repealed several major 
provisions of the 2017 Amendments and retained other provisions with 
modifications.
    On January 20, 2021, Executive Order 13990, Protecting Public 
Health and the Environment and Restoring Science To Tackle the Climate 
Crisis (E.O. 13990), directed federal agencies to review existing 
regulations and take action to address priorities established by the 
new administration including bolstering resilience to the impact of 
climate change and prioritizing environmental justice. The EPA is 
considering developing a regulatory action to revise the current RMP 
regulations. The proposed rule would address the administration's 
priorities and focus on regulatory revisions completed since 2017. The 
proposed rule would also expect to contain a number of proposed 
modifications to the RMP regulations based in part on stakeholder 
feedback received from RMP public listening sessions held on June 16 
and July 8, 2021.
    Summary of Legal Basis: The CAA section 112(r)(7)(A) authorizes the 
EPA Administrator to promulgate accidental release prevention, 
detection, and correction requirements, which may include monitoring, 
record keeping, reporting, training, vapor recovery, secondary 
containment, and other design, equipment, work practice, and 
operational requirements. The CAA section 112(r)(7)(B) authorizes the 
Administrator to promulgate reasonable regulations and appropriate 
guidance to provide, to the greatest extent practicable, for the 
prevention and detection of accidental releases of regulated substances 
and for response to such releases by the owners or operators of the 
sources of such releases.
    Alternatives: The EPA currently plans to prepare a notice of 
proposed rulemaking that would provide the public an opportunity to 
comment on the proposal, and any regulatory alternatives that may be 
identified within the preamble to the proposed rulemaking.
    Anticipated Cost and Benefits: Costs may include the burden on 
regulated entities associated with implementing new or revised 
requirements including program implementation, training, equipment 
purchases, and recordkeeping, as applicable. Some costs could also 
accrue to implementing agencies and local governments, due to new or 
revised provisions associated with emergency response. Benefits will 
result from avoiding the harmful accident consequences to communities 
and the environment, such as deaths, injuries, and property damage, 
environmental damage, and from mitigating the effects of releases that 
may occur. Similar benefits will accrue to regulated entities and their 
employees.
    Risks: The proposed action would address the risks associated with 
accidental releases of listed regulated toxic and flammable substances 
to the air from stationary sources. Substances regulated under the RMP 
program include highly toxic and flammable substances that can cause 
deaths, injuries, property and environmental damage, and other on- and 
off-site consequences if accidentally released. The proposed action 
would reduce these risks by potentially making accidental releases less 
likely, and by mitigating the severity of releases that may occur. The 
proposed action would not address the risks of non-accidental chemical 
releases, accidental releases of non-regulated substances, chemicals 
released to other media, and air releases from mobile sources.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   08/31/22  87 FR 53556
Final Rule..........................   08/00/23
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Undetermined.
    Government Levels Affected: Undetermined.
    Additional Information:
    Sectors Affected: 311411 Frozen Fruit, Juice, and Vegetable 
Manufacturing; 325 Chemical Manufacturing; 221112 Fossil Fuel Electric 
Power Generation; 211112 Natural Gas Liquid Extraction; 322 Paper 
Manufacturing; 42469 Other Chemical and Allied Products Merchant 
Wholesalers; 22131 Water Supply and Irrigation Systems; 22132 Sewage 
Treatment Facilities; 311615 Poultry Processing; 49312 Refrigerated 
Warehousing and Storage; 311612 Meat Processed from Carcasses; 311 Food 
Manufacturing; 49313 Farm Product Warehousing and Storage; 32411 
Petroleum Refineries; 42491 Farm Supplies Merchant Wholesalers; 31152 
Ice Cream and Frozen Dessert Manufacturing; 49319 Other Warehousing and 
Storage; 42471 Petroleum Bulk Stations and Terminals; 49311 General 
Warehousing and Storage; 311511 Fluid Milk Manufacturing; 32519 Other 
Basic Organic Chemical Manufacturing; 11511 Support Activities for Crop 
Production
    Agency Contact: Deanne Grant, Environmental Protection Agency, 
Office of Land and Emergency Management, 1200 Pennsylvania Avenue NW, 
Washington, DC 20460, Phone: 202 564-1096, Email: [email protected].
    Veronica Southerland, Environmental Protection Agency, Office of 
Land and Emergency Management, 1200 Pennsylvania Avenue NW, Mail Code 
5104A, Washington, DC 20460, Phone: 202 564-2333, Email: 
[email protected].
    RIN: 2050-AH22


[[Page 11161]]



EPA--OFFICE OF WATER (OW)

Final Rule Stage

210. Clean Water Act Section 401: Water Quality Certification [2040-
AG12]

    Priority: Other Significant. Major status under 5 U.S.C. 801 is 
undetermined.
    Unfunded Mandates: Undetermined.
    Legal Authority: 33 U.S.C. 1151
    CFR Citation: 40 CFR 121.1.
    Legal Deadline: None.
    Abstract: Clean Water Act (CWA) section 401 provides States and 
Tribes with a powerful tool to protect the quality of their waters from 
adverse impacts resulting from federally licensed or permitted 
projects. Under section 401, a federal agency may not issue a license 
or permit to conduct any activity that may result in any discharge into 
navigable waters, unless the State or Tribe where the discharge would 
originate either issues a section 401 water quality certification 
finding ``that any such discharge will comply with the applicable 
provisions of sections 301, 302, 303, 306, and 307'' of the CWA, or 
certification is waived. EPA promulgated implementing regulations for 
water quality certification prior to the passage of the CWA in 1972, 
which created section 401. In June 2022, consistent with Executive 
Order 13990, EPA proposed ``Clean Water Act Section 401 Water Quality 
Certification Improvement Rule'' to revise the 2020 Rule. The proposed 
rule would update the existing regulations to be more consistent with 
the statutory text of the 1972 CWA; to clarify, reinforce, and provide 
a measure of consistency with respect to elements of section 401 
certification practice that have evolved over the 50 years since the 
1971 Rule was promulgated; and to support an efficient and predictable 
certification process that is consistent with the water quality 
protection and cooperative federalism principles central to CWA section 
401. EPA plans to finalize a revised rule after reviewing public 
comments on the proposed rule (published on June 9, 2022).
    Statement of Need: To be determined.
    Summary of Legal Basis: To be determined.
    Alternatives: To be determined.
    Anticipated Cost and Benefits: To be determined.
    Risks: To be determined.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Notice..............................   06/02/21  86 FR 29541
NPRM................................   06/09/22  87 FR 35318
Final Rule..........................   06/00/23
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Government Levels Affected: Tribal, Federal, State.
    Federalism: Undetermined.
    Additional Information:
    Agency Contact: Lauren Kasparek, Environmental Protection Agency, 
Office of Water, 1200 Pennsylvania Avenue NW, Washington, DC 20460, 
Phone: 202 564-3351, Email: [email protected].
    Related RIN: Related to 2040-AF86
    RIN: 2040-AG12

EPA--OW

211. Revised Definition of ``Waters of the United States'' [2040-AG19]

    Priority: Other Significant.
    Legal Authority: 33 U.S.C. 1251
    CFR Citation: 40 CFR 120.1.
    Legal Deadline: None.
    Abstract: In April 2020, the EPA and the Department of the Army 
(``the agencies'') published the Navigable Waters Protection Rule that 
revised the previously-codified definition of ``waters of the United 
States'' (WOTUS). The agencies initiated this rulemaking to exercise 
their authority to interpret ``waters of the United States'' to mean 
the waters defined by the familiar regulations in place prior to the 
2015 WOTUS rule, with amendments to reflect the agencies' determination 
of the statutory limits on the scope of the WOTUS informed by Supreme 
Court precedent, the best available science, and the agencies' 
experience and technical expertise. The proposal was open for public 
comment between December 2021 and February 2022. It is planned that 
this rule will be finalized by the end of 2022.
    Statement of Need: The agencies intend to pursue a second rule 
defining waters of the United States to consider further revisions to 
the agencies' first rule which proposes to restore the regulations in 
place prior to the 2015 WOTUS rule, updated to be consistent with 
relevant Supreme Court Decisions. This second rule proposes to include 
revisions reflecting on additional stakeholder engagement and 
implementation considerations, scientific developments, litigation, and 
environmental justice values. This effort will also be informed by the 
experience of implementing the pre-2015 rule, the 2015 Clean Water 
Rule, and the 2020 Navigable Waters Protection Rule.
    Summary of Legal Basis: The Clean Water Act (33 U.S.C. 1251 et 
seq.).
    Alternatives: To be determined.
    Anticipated Cost and Benefits: To be determined.
    Risks: To be determined.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Notice..............................   08/04/21  86 FR 41911
Notice..............................   10/25/21  86 FR 58829
Notice..............................   11/08/21  86 FR 61730
NPRM................................   12/07/21  86 FR 69372
Final Rule..........................   12/00/22
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Government Levels Affected: Federal, Local, State, Tribal.
    Additional Information:
    Agency Contact: Whitney Beck, Environmental Protection Agency, 
Office of Water, Mail Code 4504T, 1200 Pennsylvania Avenue NW, 
Washington, DC 20460, Phone: 202 566-2553, Email: [email protected].
    RIN: 2040-AG19
BILLING CODE 6560-50-P

GENERAL SERVICES ADMINISTRATION (GSA)

Regulatory Plan--October 2022

    The U.S. General Services Administration (GSA) delivers value and 
savings in real estate, acquisition, technology, and other mission-
support services across the Federal Government. GSA's acquisition 
solutions supply Federal purchasers with cost-effective, high-quality 
products and services from commercial vendors. GSA provides workplaces 
for Federal employees and oversees the preservation of historic Federal 
properties. GSA helps keep the nation safe and efficient by providing 
tools, equipment, and non-tactical vehicles to the U.S. military, and 
by providing State and local governments with law enforcement 
equipment, firefighting and rescue equipment, and disaster recovery 
products and services.
    GSA serves the public by delivering products and services directly 
to its Federal customers through the Federal Acquisition Service (FAS), 
the Public Buildings Service (PBS), and the Office of Government-wide 
Policy (OGP). GSA has a continuing commitment to its Federal customers 
and the U.S. taxpayers by providing those products and services in the 
most cost-effective manner possible.

Federal Acquisition Service

    FAS is the lead organization for procurement of products and 
services (other than real property) for the Federal Government. The FAS 
organization leverages the buying power of the Government by 
consolidating Federal agencies' requirements for common

[[Page 11162]]

goods and services. FAS provides a range of high-quality and flexible 
acquisition services to increase overall Government effectiveness and 
efficiency by aligning resources around key functions.

Public Buildings Service

    PBS is the largest public real estate organization in the United 
States. As the landlord for the civilian Federal Government, PBS 
acquires space on behalf of the Federal Government through new 
construction and leasing and acts as a manager for Federal properties 
across the country. PBS is responsible for over 370 million rentable 
square feet of workspace for Federal employees' has jurisdiction, 
custody, and control over more than 1,600 federally owned assets 
totaling over 180 million rentable square feet; and contracts for more 
than 7,000 leased assets, totaling over 180 million rentable square 
feet.
    In FY23, GSA expects to update the existing internal guidance and 
issue a new PBS Order following the release of Implementing 
Instructions on Executive Order (E.O.) 14057 on Federal Sustainability 
that was issued on December 8, 2021.

Office of Government-Wide Policy

    OGP sets Government-wide policy in the areas of personal and real 
property, mail, travel, motor vehicles, relocation, transportation, 
information technology, regulatory information, and the use of Federal 
advisory committees. OGP also helps direct how all Federal supplies and 
services are acquired, as well as GSA's own acquisition programs. 
Pursuant to Executive Order 12866, ``Regulatory Planning and Review'' 
(September 30, 1993) and Executive Order 13563, ``Improving Regulation 
and Regulatory Review'' (January 18, 2011), the Regulatory Plan and 
Unified Agenda provides notice regarding OGP's regulatory and 
deregulatory actions within the Executive Branch.
    GSA prepared a list of actions in the areas of Climate Risk 
Management, Resilience, and Adaptation; Environmental Justice; 
Greenhouse Gas (GHG) Reduction; Clean Energy; Energy Reduction; Water 
Reduction; Performance Contracting; Waste Reduction; Sustainable 
Buildings; and Electronics Stewardship & Data Centers. Detailed 
information on actions GSA is considering taking through December 31, 
2025, to implement the Administration's policy set by Executive Orders 
13990 and 14008 were provided in GSA's Executive Order 13990 90-day 
response, the GSA Climate Change Risk Management Plan, and the GSA 2021 
Sustainability Plan. More specifics will be known on the Sustainability 
Plan when feedback is obtained from CEQ and OMB.

Office of Asset and Transportation Management

    The Office of Asset and Transportation Management, and Office of 
Acquisition Policy are prioritizing rulemaking focused on initiatives 
that:
     Promote the country's economic resilience and improve the 
buying power of U.S. citizens;
     Support underserved communities, promoting equity in the 
Federal Government; and
     Support national security efforts, especially safeguarding 
Federal Government information and information technology systems.
    The Fall 2022 Unified Agenda consists of fourteen (14) active 
Office of Asset and Transportation Management (MA) agenda items, of 
which six (6) active actions are included in the Federal Travel 
Regulation (FTR) and eight (8) active actions are included in the 
Federal Management Regulation (FMR).
    The Federal Travel Regulation (FTR) enumerates the travel and 
relocation policy for all title 5 Executive Agency employees. The Code 
of Federal Regulations (CFR) is available at https://ecfr.federalregister.gov/. The FTR is contained in title 41 of the CFR, 
chapters 300 through 304, that implements statutory requirements and 
Executive branch policies for travel by Federal civilian employees and 
others authorized to travel at Government expense. The Federal 
Management Regulation (FMR) is contained in title 41 of the CFR, 
Chapter 102, and establishes policy for Federal aircraft management, 
mail management, transportation, personal property, real property, 
motor vehicles, and committee management.

Rulemaking That Tackles Climate Change

    FMR Case 2020-102-2, Location of Space, promotes economy and 
efficiency in the planning, acquisition, utilization, and management of 
Federal facilities. The rule will implement Executive Order 13946 
(Targeting Opportunity Zones and Other Distressed Communities for 
Federal Site Locations) and Executive Order 14057 (Catalyzing Clean 
Energy Industry and Jobs Through Federal Sustainability). This rule 
will help reduce emissions across Federal workplaces by ensuring that 
all new construction, modernization projects, and leases implement a 
number of energy efficient, sustainable, and climate-resilient building 
practices for Federal facilities.
    FTR Case 2022-03, Alternative Fuel Vehicle During Relocations, 
allows greater agency flexibility for authorizing shipment of a 
relocating employee's alternative fuel-based privately owned vehicle 
(POV), as some POVs, primarily electric vehicles, cannot be driven more 
than a short distance without being recharged.

Rulemaking That Supports Equity and Underserved Communities

    Federal Travel Regulation (FTR): FTR Case 2022-05, Updating the FTR 
With Diversity, Equity, Inclusion, and Accessibility Language, updating 
the entirety of the FTR to ensure that its language reflects 
inclusivity in terms of primarily gender, as well as any other language 
that reflects inclusivity and equity.
    Other minor technical adjustments unrelated to inclusivity, such as 
updated website and physical addresses, will be included as well.
    Federal Management Regulation (FMR); FMR Case 2022-01, Federal 
Advisory Committee Management, FACA is a transparency statute designed 
to provide Congress, interested stakeholders, and the public with 
information on, and access to the activities, membership, meetings, 
costs, etc. of federal advisory committees established by the Executive 
Branch. Under Section 7 of the Act, GSA is responsible for preparing 
regulations for implementing FACA. The proposed rule revisions will 
provide updates and clarification to policies and processes, and 
further incorporate diversity, equity, inclusion, and accessibility 
policies into the federal advisory committee program governmentwide, 
which is an Administration priority.
    FMR Case 2021-01, Use of Federal Real Property to Assist the 
Homeless'' will streamline the process by which excess Federal real 
property is screened for potential conveyance to homeless interests. 
FMR Case 2022-02, Union Organizer Access to Private Sector Contractors' 
Employees on Federal Property will implement Executive Order 14025 of 
April 26, 2021, titled ``Worker Organizing and Empowerment,'' to make 
clear that worker organizing and collective bargaining among employees 
of contractors working in Federal Government facilities are not covered 
or restricted by the general prohibition on soliciting, posting and 
distributing materials in property under the jurisdiction, custody, or 
control of GSA.

[[Page 11163]]

Rulemaking That Supports National Security

    FMR Case 2021-102-1, ``Real Estate Acquisition'' will clarify the 
policies for entering into leasing agreements for high security space 
(i.e., space with a Facility Security Level (FSL) of III, IV, or V) in 
accordance with the Secure Federal LEASEs Act (Pub. L. 116-276).

Office of Acquisition Policy

    The Fall 2022 Unified Agenda consists of seventeen (17) active 
Office of Acquisition Policy (MV) agenda items, all of which are for 
the General Services Administration Acquisition Regulation (GSAR).

Office of Acquisition Policy--General Services Administration 
Acquisition Regulation

    GSA's rules and practices on how it buys goods and services from 
its business partners are covered by the General Services 
Administration Acquisition Regulation (GSAR), which implements and 
supplements the Federal Acquisition Regulation. The GSAR establishes 
agency acquisition regulations that affect GSA's business partners 
(e.g., prospective offerors and contractors) and acquisition of 
leasehold interests in real property. The latter are established under 
the authority of 40 U.S.C. 585. The GSAR implements contract clauses, 
solicitation provisions, and standard forms that control the 
relationship between GSA and contractors and prospective contractors.

Rulemaking That Tackles Climate Change

    GSAR Case 2022-G517, Single-use Plastic Packaging Reduction, 
explores regulation that will reduce single-use plastic consumption by 
the agency. Single-use plastic poses an environmental risk that is 
documented as having the potential to impact biodiversity. The case 
focuses on packaging materials with the overall intent of addressing 
not only the items that the Government intentionally consumes, but 
those products that the Government unintentionally consumes (such as 
packaging) that then has to be disposed of once the item is delivered.

Rulemaking That Promotes Economic Resilience

    GSAR Case 2020-G510, Federal Supply Schedule Economic Price 
Adjustment (EPA), will clarify, update, and incorporate Federal Supply 
Schedule (FSS) program policies and procedures regarding economic price 
adjustment, including updating related prescriptions and clauses. 
Ultimately, the case aims to streamline the EPA process for FSS 
business partners and our acquisition workforce.
    GSAR Case 2021-G530, Extension of Federal Minimum Wage to Lease 
Acquisitions, will increase efficiency and cost savings in the work 
performed for leases with the Federal Government by increasing the 
hourly minimum wage paid to those contractors in accordance with 
Executive Order 14026, ``Increasing the Minimum Wage for Federal 
Contractors'' dated April 27, 2021, and Department of Labor regulations 
at 29 CFR part 23.

Rulemaking That Supports Equity and Underserved Communities

    GSAR Case 2020-G511, Updated Guidance for Non-Federal Entities 
Access to Federal Supply Schedules, will clarify the requirements for 
use of Federal Supply Schedules by eligible non-Federal entities, such 
as state and local governments. The regulatory changes are intended to 
increase understanding of the existing guidance and expand access to 
GSA sources of supply by eligible non-Federal entities, as authorized 
by historic statutes including the Federal Supply Schedules Usage Act 
of 2010.

Rulemaking That Supports National Security

    GSAR Case 2020-G534, Extension of Certain Telecommunication 
Prohibitions to Lease Acquisitions, will protect national security by 
prohibiting procurement from certain covered entities using covered 
equipment and services in lease acquisitions pursuant to Section 889 of 
the National Defense Authorization Act for Fiscal Year 2019. The 
regulatory changes will implement the Section 889 requirements in lease 
acquisitions by requiring inclusion of the related Federal Acquisition 
Regulation (FAR) provisions and clauses.
    GSAR Case 2021-G522, Contract Requirements for High-Security Leased 
Space, will incorporate contractor disclosure requirements and access 
limitations for high-security leased space pursuant to the Secure 
Federal Leases Act. Covered entities are required to identify whether 
the beneficial owner of a high-security leased space, including an 
entity involved in the financing thereof, is a foreign person or entity 
when first submitting a proposal and annually thereafter.
    GSAR Case 2021-G527, Immediate and Highest-Level Owner for High-
Security Leased Space, addresses the risks of foreign ownership of 
Government-leased real estate and requires the disclosure of immediate 
and highest-level ownership information for high-security space leased 
to accommodate a Federal agency.

    Dated: September 23, 2022.

Krystal J. Brumfield,

Associate Administrator, Office of Government-wide Policy.
BILLING CODE 6820-34-P

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION (NASA)

Statement of Regulatory Priorities

    The National Aeronautics and Space Administration's (NASA) aim is 
to increase human understanding of the solar system and the universe 
that contains it and to improve American aeronautics ability. NASA's 
basic organization consists of the Headquarters, nine field Centers, 
the Jet Propulsion Laboratory (a federally funded research and 
development center), and several component installations which report 
to Center Directors. Responsibility for overall planning, coordination, 
and control of NASA programs is vested in NASA Headquarters, located in 
Washington, DC.
    NASA continues to implement programs according to its 2022 
Strategic Plan. The Agency's mission is to ``explore the unknown in air 
and space, innovate for the benefit of humanity, and inspire the world 
through discovery.'' The 2022 Strategic Plan (available at 2022 NASA 
Strategic Plan) guides NASA's program activities through a framework of 
the following four strategic goals:
     Strategic Goal 1: Expand human knowledge through new 
scientific discoveries.
     Strategic Goal 2: Extend human presence deeper into space 
and to the Moon for sustainable long-term exploration and utilization.
     Strategic Goal 3: Catalyze economic growth and drive 
innovations to address national challenges.
     Strategic Goal 4: Enhance capabilities and operations to 
catalyze current and future mission success.

NASA's Regulatory Philosophy and Principles

    The Agency's rulemaking program strives to be responsive, 
efficient, and transparent. NASA adheres to the general principles set 
forth in Executive Order 12866, ``Regulatory Planning and Review.'' 
NASA is a signatory to the Federal Acquisition Regulatory (FAR) 
Council. The FAR at 48 CFR chapter 1 contains procurement regulations 
that

[[Page 11164]]

apply to NASA and other Federal agencies. Pursuant to 41 U.S.C. 1302 
and FAR 1.103(b), the FAR is jointly prepared, issued, and maintained 
by the Secretary of Defense, the Administrator of General Services, and 
the Administrator of NASA, under several of their statutory 
authorities.
    NASA is also mindful of the importance of international regulatory 
cooperation, consistent with domestic law and United States (U.S.) 
trade policy, as noted in Executive Order 13609, ``Promoting 
International Regulatory Cooperation'' (May 1, 2012). NASA, along with 
the Departments of State, Commerce, and Defense, engage with other 
countries in the Wassenaar Arrangement, Nuclear Suppliers Group, 
Australia Group, and Missile Technology Control Regime through which 
the international community develops a common list of items that should 
be subject to export controls. NASA also has been a key participant in 
interagency efforts to overhaul and streamline the U.S. Munitions List 
and the Commerce Control List.
    These efforts help facilitate transfers of goods and technologies 
to allies and partners while helping prevent transfers to countries of 
national security and proliferation concerns.

NASA Priority Regulatory Actions

    NASA is highlighting the priorities summarized below in this 
agenda.

Procedures for Implementing the National Environmental Policy Act 
(NEPA)

    NASA is revising its policy and procedures for implementing the 
National Environmental Policy Act of 1969 and the Council on 
Environmental Quality (CEQ) regulations. These proposed amendments 
would update procedures contained in the Agency's current regulation at 
14 CFR subpart 1216.3, Procedures for Implementing the NEPA, to 
incorporate updates based on the Agency's review of its Categorical 
Exclusions and streamline the NEPA process to better support NASA's 
evolving mission.

Social Security Number Fraud Prevention

    NASA is revising its regulations at 14 CFR part 1212.6 under the 
Privacy Act. The revisions would clarify and update the language of 
procedural requirements pertaining to the inclusion of Social Security 
Numbers (SSN) on documents that the Agency sends by mail. These 
revisions are necessary to implement the Social Security Number Fraud 
Prevention Act of 2017, (Pub. L. 115-59; 42 U.S.C. 405 note), signed on 
September 15, 2017, which restricts Federal agencies from including 
individuals' SSNs on documents sent by mail, unless the head of the 
agency determines that the inclusion of the SSN on the document is 
necessary (section 2(a) of the Act).
BILLING CODE 7510-13-P

NATIONAL ARCHIVES AND RECORDS ADMINISTRATION (NARA)

Statement of Regulatory Priorities

    The National Archives and Records Administration (NARA) primarily 
issues regulations directed to other Federal agencies. These 
regulations include records management, information services, and 
information security. For example, records management regulations 
directed to Federal agencies concern the proper management and 
disposition of Federal records. Through the Information Security 
Oversight Office (ISOO), NARA also issues Government-wide regulations 
concerning information security classification, controlled unclassified 
information (CUI), and declassification programs; through the Office of 
Government Information Services, NARA issues Government-wide 
regulations concerning the Freedom of Information Act (FOIA) dispute 
resolution services and FOIA ombudsman functions; and through the 
Office of the Federal Register, NARA issues regulations concerning 
publishing Federal documents in the Federal Register, Code of Federal 
Regulations, and other publications.
    NARA regulations directed to the public primarily address access to 
and use of our historically valuable holdings, including archives, 
donated historical materials, Nixon Presidential materials, and other 
Presidential records. NARA also issues regulations relating to the 
National Historical Publications and Records Commission (NHPRC) grant 
programs.
    In 2014, the Federal Records Act required the Archivist of the 
United States to issue regulations with standards for the reproduction 
of records by photographic, microphotographic, or digital processes 
with a view to the disposal of the original records. In 2019, NARA 
issued 36 CFR 1236, Subchapter D, Digitizing Temporary Records. In 
2020, NARA drafted a new Subchapter E, Digitizing Permanent Records. 
These regulations contain digitization standards for permanent paper 
records. In Fall 2022, these standards will be issued as a final rule. 
In Spring 2023, NARA will issue a draft rule with digitization 
standards for permanent film records. Furthermore, in Fall 2022, NARA 
will issue a new final rule for Subchapter F, Metadata Requirements for 
Permanent Records that will be required when agencies transfer 
permanent electronic records to NARA.
    In Fall 2022, NARA will issue a draft rule with changes to 1225.22 
regarding when agencies are required to reschedule their records. When 
agencies have digitized records in the past that do not meet the 
requirements established in Sec.  1236, the rescheduling process will 
help NARA and the public determine if the digitized versions are 
acceptable as permanent records. NARA will remove 1225.24 to eliminate 
the media neutral notification requirement, which is no longer 
relevant.
    In January 2021, the Federal Records Act (44 U.S.C. 3302) required 
the Archivist of the United States to promulgate regulations governing 
Federal agency preservation of electronic messages that are records. 
The law states that the regulations must require agencies to 
electronically capture, manage, and preserve electronic message 
records, and must require that they can readily access such records 
through electronic searches. Additionally, the regulations should 
include timelines for Federal agencies to implement the resulting 
regulatory requirements as expeditiously as practicable. Therefore, we 
are amending 36 CFR 1220, Federal Records; General, and 36 CFR 1222, 
Creation and Maintenance of Federal Records, to define electronic 
messages and to expressly clarify records management requirements for 
electronic records. We are adding new requirements to 36 CFR 1222, 
Creation and Maintenance of Federal Records because the capture, 
management, and preservation of electronic messages is an essential 
part of a federal records management program.
    These records management regulatory priorities align with the goals 
and initiatives of our Strategic Plan 2022-2026.
BILLING CODE 7515-01-P

NATIONAL SCIENCE FOUNDATION

Overview

    The National Science Foundation (NSF) is an independent federal 
agency created by Congress in 1950 ``to promote the progress of 
science; to advance the national health, prosperity, and welfare; to 
secure the national defense . . .'' NSF is vital because we support 
basic

[[Page 11165]]

research and people to create knowledge that transforms the future. 
This type of support:

 Is a primary driver of the U.S. economy
 Enhances the nation's security
 Advances knowledge to sustain global leadership

    With an annual budget of $8.8 billion (FY 2022), we are the funding 
source for approximately 27% of the total federal budget for basic 
research conducted at U.S. colleges and universities. In many fields 
such as mathematics, computer science and the social sciences, NSF is 
the major source of federal backing.
    We fulfill our mission chiefly by issuing limited-term grants--
currently about 12,000 new awards per year, with an average duration of 
three years--to fund specific research proposals that have been judged 
the most promising by a rigorous and objective merit-review system. 
Most of these awards go to individuals or small groups of 
investigators. Others provide funding for research centers, instruments 
and facilities that allow scientists, engineers, and students to work 
at the outermost frontiers of knowledge.
    NSF's goals--discovery, learning, research infrastructure and 
stewardship--provide an integrated strategy to advance the frontiers of 
knowledge, cultivate a world-class, broadly inclusive science and 
engineering workforce and expand the scientific literacy of all 
citizens, build the nation's research capability through investments in 
advanced instrumentation and facilities, and support excellence in 
science and engineering research and education through a capable and 
responsive organization. We like to say that NSF is ``where discoveries 
begin.''
    NSF is committed to expanding the opportunities in STEM to people 
of all racial, ethnic, geographic and socioeconomic backgrounds, sexual 
orientations, gender identities and to persons with disabilities.
    We value diversity and inclusion, demonstrate integrity and 
excellence in our devotion to public service and prioritize innovation 
and collaboration in our support of the work of the scientific 
community and of each other.
    While broadening participation in STEM is included in NSF's merit 
review criteria, some programs go beyond the standard review criteria. 
These investments--which make up NSF's Broadening Participation in STEM 
Portfolio--use different approaches to build STEM education and 
research capacity, catalyze new areas of STEM research, and develop 
strategic partnerships and alliances.
    Many of the discoveries and technological advances have been truly 
revolutionary. In the past few decades, NSF-funded researchers have won 
some 236 Nobel Prizes as well as other honors too numerous to list. 
These pioneers have included the scientists or teams that discovered 
many of the fundamental particles of matter, analyzed the cosmic 
microwaves left over from the earliest epoch of the universe, developed 
carbon-14 dating of ancient artifacts, decoded the genetics of viruses, 
and created an entirely new state of matter called a Bose-Einstein 
condensate.
    NSF also funds equipment that is needed by scientists and engineers 
but is often too expensive for any one group or researcher to afford. 
Examples of such major research equipment include giant optical and 
radio telescopes, Antarctic research sites, high-end computer 
facilities and ultra-high-speed connections, ships for ocean research, 
sensitive detectors of very subtle physical phenomena and gravitational 
wave observatories.
    Another essential element in NSF's mission is support for science 
and engineering education, from pre-K through graduate school and 
beyond. The research we fund is thoroughly integrated with education to 
help ensure that there will always be plenty of skilled people 
available to work in new and emerging scientific, engineering, and 
technological fields, and plenty of capable teachers to educate the 
next generation.
    No single factor is more important to the intellectual and economic 
progress of society, and to the enhanced well-being of its citizens, 
than the continuous acquisition of new knowledge. NSF is proud to be a 
major part of that process.
    Specifically, the Foundation's organic legislation authorizes us to 
engage in the following activities:
    A. Initiate and support, through grants and contracts, scientific 
and engineering research, and programs to strengthen scientific and 
engineering research potential, and education programs at all levels, 
and appraise the impact of research upon industrial development and the 
general welfare.
    B. Award graduate fellowships in the sciences and in engineering.
    C. Foster the interchange of scientific information among 
scientists and engineers in the United States and foreign countries.
    D. Foster and support the development and use of computers and 
other scientific methods and technologies, primarily for research and 
education in the sciences.
    E. Evaluate the status and needs of the various sciences and 
engineering and take into consideration the results of this evaluation 
in correlating our research and educational programs with other federal 
and non-federal programs.
    F. Provide a central clearinghouse for the collection, 
interpretation, and analysis of data on scientific and technical 
resources in the United States, and provide a source of information for 
policy formulation by other federal agencies.
    G. Determine the total amount of federal money received by 
universities and appropriate organizations for the conduct of 
scientific and engineering research, including both basic and applied, 
and construction of facilities where such research is conducted, but 
excluding development, and report annually thereon to the President and 
the Congress.
    H. Initiate and support specific scientific and engineering 
activities in connection with matters relating to international 
cooperation, national security, and the effects of scientific and 
technological applications upon society.
    I. Initiate and support scientific and engineering research, 
including applied research, at academic and other nonprofit 
institutions and, at the direction of the President, support applied 
research at other organizations.
    J. Recommend and encourage the pursuit of national policies for the 
promotion of basic research and education in the sciences and 
engineering. Strengthen research and education innovation in the 
sciences and engineering, including independent research by 
individuals, throughout the United States.
    K. Support activities designed to increase the participation of 
women and minorities and others underrepresented in science and 
technology. The Louis Stokes Alliances for Minority Participation 
(LSAMP) program is an alliance-based program. The program's theory is 
based on the Tinto model for student retention referenced in the 2005 
LSAMP program evaluation (cleared under 3145-0190 and now covered by 
3145-0226). The overall goal of the program is to assist universities 
and colleges in diversifying the nation's science, technology, 
engineering and mathematics (STEM) workforce by increasing the number 
of STEM baccalaureate and graduate degrees awarded to populations 
historically underrepresented in these disciplines: African Americans, 
Hispanic Americans, American Indians, Alaska Natives, Native Hawaiians, 
and Native Pacific Islanders. LSAMP's efforts to increase diversity in 
STEM are aligned

[[Page 11166]]

with the goals of the Federal Government's five-year strategic plan for 
STEM education, Charting a Course for Success: America's Strategy for 
STEM Education.

With This Fall Regulation Agenda, NSF Highlights Two Rules

CyberCorps Scholarship for Service Program (RIN 3145-AA64)

    NSF, in consultation with the Secretary of Education, will be 
finalizing regulations on the process of converting scholarships to 
student loans when the scholarship recipients fail to meet their 
required service obligations of the CyberCorps Scholarship for Service 
(SFS) Program. This program provides scholarships for cybersecurity 
undergraduate, and graduate (MS or Ph.D.) education. In return for the 
financial support, recipients must agree to work for the U.S. 
Government or a State, local, or Tribal government after graduation in 
a cybersecurity-related position, for a period equal to the length of 
the scholarship. Under the statute, NSF, must issue.

Robert Noyce Teacher Scholarship (Noyce) Program (RIN 3145-AA65)

    NSF, in consultation with the Secretary of Education, will propose 
regulations on the process of converting scholarships to student loans 
when the scholarship recipients fail to meet their required service 
obligations under the Robert Noyce teacher Scholarship (Noyce) Program. 
This program provides funding to institutions of higher education to 
provide scholarships to STEM major undergraduates and professionals to 
become effective certified K-12 STEM teachers and experienced, 
exemplary K-12 teachers to become master teacher leaders in high-need 
school districts. Undergraduate and post-baccalaureate STEM 
professionals receiving funding through the Scholarships and Stipends 
Track must teach two years in a high-need school district for each year 
in which they have received financial support. Post-baccalaureate STEM 
professionals receiving funding through the NSF Teaching Fellowship 
Track are supported for one year in obtaining a master's degree with 
certification and then must teach for four years in a high-need school 
district during which time they receive annual salary supplements from 
the grant funds. Experienced, exemplary K-12 teachers of mathematics or 
science in high-need school districts receiving financial support 
through the Master Teaching Fellowship Track may be supported for one 
year in obtaining a master's degree and then receive a salary 
supplement from grant funds for four years as they continue to teach in 
a high-need school district. Individuals who already possess a master's 
degree can be supported for five years with salary supplements from 
grant funds as they continue to teach in a high-need school district.
BILLING CODE 7555-01-P

U.S. OFFICE OF PERSONNEL MANAGEMENT

Statement of Regulatory and Deregulatory Priorities

Fall 2022 Unified Agenda

    The Office of Personnel Management (OPM) serves as the chief human 
resources agency and personnel policy manager for the federal 
government. We are champions of talent for the federal government, 
leading federal agencies in workforce policies, programs, and benefits 
in service to the American people. We seek to position the federal 
government as a model employer through innovation, inclusivity, and 
leadership, as we build a rewarding culture that empowers the federal 
workforce to tackle some of our nation's toughest challenges.
    OPM's regulatory agenda is aligned with this core mission and 
advances multiple Biden-Harris Administration priorities. Indeed, each 
of OPM's regulations are focused on improving the efficiency and 
effectiveness of government--a key Administration priority. In 
addition, several of OPM's regulations are:
     Actions that create and sustain good jobs with a free and 
fair choice to join a union and promote economic resilience in general;
     Actions that advance equity and support underserved, 
vulnerable, and marginalized communities; and
     Actions that advance the country's economic recovery and 
continue to address any necessary COVID-19 related issues.

I. Actions That Create and Sustain Good Jobs With a Free and Fair 
Choice To Join a Union and Promote Economic Resilience in General

    OPM is committed to recruiting, retaining, and supporting a world-
class federal workforce. This means providing pathways to federal 
service, working to make every federal job a good job, and 
strengthening federal labor unions. OPM's regulatory agenda advances 
each of these goals.

Providing Pathways to Federal Service

 Pathways Programs (3206-AO25)
    OPM is proposing modifications to the Pathways Programs to better 
meet the Federal government's needs for recruiting and hiring interns, 
recent graduates, and Presidential Management Fellows. OPM is proposing 
these changes to allow agencies greater flexibility when making 
appointments. The rule will update reporting requirements, training 
requirements for Internship positions, and rotational assignments for 
Presidential Management Fellows. The rule will also make changes to the 
public notification requirement for appointing Interns and Recent 
Graduates.
    The intended effect is to facilitate a better applicant experience, 
to improve developmental opportunities for Pathways Program 
participants, and to streamline agency ability to hire Pathways Program 
participants, especially those that have successfully completed their 
Pathways requirements and are eligible for conversion to a permanent 
position in the competitive service.
 Hiring Authority for Post-Secondary Students (3206-AN86)
    OPM is finalizing revisions to implement section 1108 of Public Law 
115-232, John S. McCain National Defense Authorization Act (NDAA) for 
Fiscal Year (FY) 2019. The statute requires OPM to issue regulations 
establishing hiring authorities for post-secondary students to 
positions in the competitive service to provide additional flexibility 
in hiring eligible and qualified individuals.
 Hiring Authority for College Graduates (3206-AN79)
    OPM is finalizing regulations to implement section 1108 of Public 
Law 115-232, John S. McCain National Defense Authorization Act (NDAA) 
for Fiscal Year (FY) 2019 which requires OPM to issue regulations 
establishing hiring authorities for certain college graduates to 
positions in the competitive service. This rule will provide additional 
flexibility in hiring eligible and qualified individuals.
 Rule of Many (3206-AN80)
    OPM is proposing regulations to implement changes--known as the 
``rule of many''--authorized by the National Defense Authorization Act 
(NDAA) for Fiscal Year 2019 governing the selection of candidates from 
competitive lists of eligibles. The statute eliminates the requirement 
that an agency select only from the top three

[[Page 11167]]

candidates at any given juncture (the rule of three) in numerical 
rating and ranking and instead authorizes agencies to certify and 
consider a sufficient number of candidates, no fewer than three, to be 
considered, using a cut-off score or other mechanism established by the 
Office of Personnel Management by regulation. This change also affects 
how agencies may make selections under 5 Code of Federal Regulations 
(CFR) part 302 Employment in the Excepted Service. These changes will 
provide expanded flexibility to agencies in the selection of 
candidates.

Strengthening Federal Labor Unions

Probation on Initial Appointment to a Competitive Position, 
Performance-Based Reduction in Grade and Removal Actions and Adverse 
Actions (3206-AO23)
    Per Executive Order 14003, Protecting the Federal Workforce, the 
Office of Personnel Management (OPM) is finalizing regulations 
governing probation on initial appointment to a competitive position, 
performance-based reduction in grade and removal actions, and adverse 
actions. The rule strengthens the federal workforce and rescinds 
certain regulatory changes made in an OPM final rule published at 85 FR 
65940 on November 16, 2020. This rule also identifies new requirements 
for procedural and appeal rights for dual status National Guard 
technicians for certain adverse actions.
    Elements of the November 16, 2020, rule due to statutory changes 
will remain in effect, such as procedures for disciplinary action 
against supervisors who retaliate against whistleblowers and the 
inclusion of appeals rights information in proposal notices for adverse 
actions.

Making Every Federal Job a Good Job

 Postal Service Health Benefits Program (3206-AO43)
    The U.S. Office of Personnel Management (OPM) will issue an interim 
final rule to administer the Postal Service Health Benefits (PSHB) 
Program within the Federal Employees Health Benefits Program pursuant 
to the Postal Service Reform Act of 2022. This regulation will ensure 
continuity of health insurance coverage for Postal Service employees, 
annuitants, and their family members who will no longer be eligible for 
FEHB in January 2025; enable enrollees access to more prescription drug 
coverage options and potential reduction in prescription drug costs for 
Medicare Part D eligible enrollees; reduce the Postal Service's 
premiums by approximately $5.7 billion over 10 years (CBO Analysis) and 
reduce its future liability for retiree health benefits; enable use of 
a central enrollment portal that will reduce administrative burden for 
enrollment, ensure more accurate payment of plans, allow more frequent 
sharing of enrollment data with plans, and limit human error.
 FEDVIP: Extension of Eligibility to Certain Employees on 
Temporary Appointments and Certain Employees on Seasonal and 
Intermittent Schedules; Enrollment Clarifications and Qualifying Life 
Events (3206-AN91)
    The U.S. Office of Personnel Management (OPM) is finalizing a rule 
to expand eligibility for enrollment in the Federal Employees Dental 
and Vision Insurance Program (FEDVIP) to additional categories of 
Federal employees. The rule expands eligibility for FEDVIP to certain 
Federal employees on temporary appointments and certain employees on 
seasonal and intermittent schedules that became eligible for Federal 
Employees Health Benefits (FEHB) enrollment beginning in 2015. This 
rule also expands access to FEDVIP benefits to certain firefighters on 
temporary appointments and intermittent emergency response personnel 
who became eligible for FEHB coverage in 2012. These additions will 
align FEDVIP with FEHB Program eligibility requirements. It also 
updates the provisions on enrollment for active-duty service members 
who become eligible for FEDVIP as uniformed service retirees pursuant 
to the National Defense Authorization Act of 2017 (FY17 NDAA), Public 
Law 108-496. Finally, this rule adds qualifying life events (QLEs) for 
enrollees who may become eligible for and enroll in dental and/or 
vision services from the Department of Veterans Affairs.

II. Actions That Advance Equity and Support Underserved, Vulnerable, 
and Marginalized

    In fact, many of the regulations noted above--in particular, those 
focused on providing pathways into the federal government--emphasize 
equity.
 Advancing Pay Equity in Governmentwide Pay Systems (3206-AO39)
    In response to the two Executive orders concerning the advancement 
of pay equity. OPM is issuing a proposed rule to advance pay equity in 
the General Schedule (GS) pay system, Prevailing Rate Systems, 
Administrative Appeals Judge (AAJ) pay system, and Administrative Law 
Judge (ALJ) pay system by revising the criteria for making salary 
determinations based on salary history. The Fair Chance to Compete for 
Jobs (3206-AO00).
    The Office of Personnel Management (OPM) is finalizing regulations 
governing implementation of the Fair Chance to Compete for Jobs Act of 
2019 (Act). These regulations are a core part of OPM's work to reduce 
barriers to federal employment for individuals with a criminal record. 
The regulations seek to accomplish this goal by expanding the positions 
covered by the federal government's ``ban the box'' policy, which 
delays inquiries into an applicant's criminal history until a 
conditional offer has been made. The regulations also create new 
procedures that outline due process and accountability steps for hiring 
officials who are alleged to have violated the ``ban the box'' 
procedures.
 Elijah E. Cummings Federal Employee Anti-Discrimination Act of 
2020 (3206-AO26)
    The Office of Personnel Management (OPM) is finalizing regulations 
governing implementation of the Elijah E. Cummings Federal Employee 
Discrimination Act of 2020, which became law on January 1, 2021. This 
rule amends existing or adds new requirements to the Notification and 
Federal Employee Anti-Discrimination and Retaliation Act of 2002. Among 
other things, this rule establishes a new requirement to post findings 
of discrimination that have been made, establishes new electronic 
format reporting requirements for Agencies, and establishes a new 
disciplinary action reporting requirements for Agencies.

III. Actions That Advance the Country's Economic Recovery and Continue 
To Address Any Necessary COVID-19 Related Issues

    OPM has helped to lead the federal government throughout the COVID-
19 pandemic--serving as a co-chair of the Safer Federal Workforce Task 
Force, supporting agencies with implementation of a maximum telework 
posture, and providing meaningful benefits to federal employees. OPM 
will continue this important work through its regulatory agenda.
 Scheduling of Annual Leave for Employees Responding to COVID-
19 (3206-AO04)
    OPM is finalizing regulations to assist agencies and employees 
responding to the National Emergency Concerning the Novel Coronavirus 
Disease (COVID-19) Outbreak and for future national emergencies. The 
regulations provide

[[Page 11168]]

that employees who would forfeit annual leave in excess of the maximum 
annual leave allowable carryover because of their work to support the 
nation during a national emergency will have their excess annual leave 
deemed to have been scheduled in advance and subject to leave 
restoration.
 Evacuation During a Public Health Emergency (3206-AO34)
    OPM is proposing a new subpart Q within part 550 of title 5, Code 
of Federal Regulations, which would amend, expand, and reorganize 
regulations that currently provide agencies with the authority to 
evacuate employees during a pandemic health crisis. The revised 
regulations will provide agencies with the authority to evacuate an 
employee or groups of employees during either a public health emergency 
declaration or a pandemic health crisis. The current authority to 
evacuate employees during a pandemic health crisis is found at 5 CFR 
550.409. This revision and reorganization of the regulations will 
enable OPM to capitalize on lessons learned from the COVID-19 pandemic.

OPM

Final Rule Stage

212. Postal Service Health Benefits Program [3206-AO43]

    Priority: Economically Significant. Major under 5 U.S.C. 801.
    Legal Authority: Pub. L. 117-108; 5 U.S.C. 89
    CFR Citation: 5 CFR 890; 48 CFR Ch. 16.
    Legal Deadline: Final, Statutory, April 6, 2023, Section 101 of the 
Postal Service Reform Act of 2022 requires rulemaking no later than 1 
year after enactment.
    Abstract: The U.S. Office of Personnel Management (OPM) is issuing 
an interim final rule to administer the Postal Service Health Benefits 
(PSHB) Program within the Federal Employees Health Benefits Program 
pursuant to the Postal Service Reform Act of 2022. Under 5 U.S.C. 
Section 8903c, OPM must establish a PSHB Program for Postal Service 
employees, Postal Service annuitants, and their eligible family 
members, and not later than one year after the date of enactment, the 
OPM Director must issue regulations to carry out section 8903c.
    Statement of Need: OPM is issuing this rule to administer the PSHB 
Program. The Postal Service Reform Act of 2022, Public Law 117-108 
establishes the PSHB Program for Postal Service employees, Postal 
Service annuitants, and their eligible family members, which will be 
administered by OPM and the first contract year will begin January 
2025.
    Summary of Legal Basis: Sections 101 and 102 of the Postal Service 
Reform Act of 2022, Public Law 117-108, amended chapter 89 of title 5 
and added section 8903c to establish the Postal Service Health Benefits 
Program.
    Alternatives: N/A.
    Anticipated Cost and Benefits: This regulation affects OPM as the 
administrator of the PSHBP and other agencies that it may consult with 
during rulemaking and implementation of the PSHBP such as USPS, HHS, 
VA, DOL, and SSA. It is estimated that the rule would require 
individuals employed by these agencies to spend time providing 
information to OPM regarding eligibility, enrollment, and other 
necessary information. For the purpose of this cost analysis, OPM is 
focusing on OPM's costs of administering the PSHBP. The Act allocates 
$70.5 million to OPM for start-up costs to carry out the PSHBP. This 
encompasses three program offices within OPM: Healthcare and Insurance 
(HI), which will have the largest impact as a result of this Act; 
Retirement Services (RS); and the Chief Financial Officer (CFO). OPM 
will incur additional costs (apart from the $70.5 million start-up 
costs) for ongoing administration of the PSHBP, including operations 
and maintenance of information systems (such as the central enrolment 
portal) and continuous data exchanges with partnering agencies, 
staffing for oversight and engagement with health plans, and 
maintaining separate systems for PSHBP financial transactions.
    With respect to benefits, this regulation will ensure continuity of 
health insurance coverage for Postal Service employees, annuitants, and 
their family members who will no longer be eligible for FEHB in January 
2025; enable enrollees access to more prescription drug coverage 
options and potential reduction in prescription drug costs for Medicare 
Part D eligible enrollees; reduce the Postal Service's premiums by 
approximately $5.7 billion over 10 years (CBO Analysis) and reduce its 
future liability for retiree health benefits; enable use of a central 
enrollment portal that will reduce administrative burden for 
enrollment, ensure more accurate payment of plans, allow more frequent 
sharing of enrollment data with plans, and limit human error.
    Risks: N/A.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Interim Final Rule..................   04/00/23
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Small Entities Affected: No.
    Government Levels Affected: Federal.
    Agency Contact: Rina Shah, Senior Policy Analyst, Office of 
Personnel Management, 1900 E Street NW, Washington, DC 20415, Phone: 
202 606-2128, Email: [email protected].
    Louise Yinug, Planning and Policy Analysis, Office of Personnel 
Management, 1900 E Street NW, Washington, DC 20415-8200, Phone: 202 
606-0036, Fax: 202 606-4640, Email: [email protected].
    RIN: 3206-AO43
BILLING CODE 3280-F5-P

PENSION BENEFIT GUARANTY CORPORATION (PBGC)

Statement of Regulatory and Deregulatory Priorities

    The Pension Benefit Guaranty Corporation (PBGC or Corporation) is a 
federal corporation created under title IV of the Employee Retirement 
Income Security Act of 1974 (ERISA) to protect the retirement security 
of over 33 million American workers, retirees, and beneficiaries in 
both single-employer and multiemployer private-sector pension plans. 
PBGC administers two insurance programs--one for single-employer 
defined benefit pension plans and a second for multiemployer defined 
benefit pension plans.
     Single-Employer Program. Under the single-employer 
program, when a plan terminates with insufficient assets to cover all 
plan benefits (distress and involuntary terminations), PBGC pays plan 
benefits that are guaranteed under title IV. PBGC also pays 
nonguaranteed plan benefits to the extent funded by plan assets or 
recoveries from employers. In fiscal year (FY) 2022, PBGC paid over 
$7.0 billion in benefits to more than 960,000 participants. Operations 
under the single-employer program are financed by insurance premiums, 
investment income, assets from pension plans trusteed by PBGC, and 
recoveries from the companies formerly responsible for the trusteed 
plans.
     Multiemployer Program. The multiemployer program covers 
collectively bargained plans involving more than one unrelated 
employer. PBGC provides financial assistance (technically in the form 
of a loan, though almost never repaid) to the plan

[[Page 11169]]

if the plan is insolvent and thus unable to pay benefits at the 
guaranteed level. The guarantee is structured differently from, and is 
generally significantly lower than, the single-employer guarantee. In 
FY2022, PBGC provided $217 million in traditional financial assistance 
to 115 multiemployer plans covering 93,525 participants, as well as a 
final payment of $9 million in financial assistance to facilitate the 
merger of two multiemployer plans. Operations under the multiemployer 
program generally are financed by insurance premiums and investment 
income. In addition, the American Rescue Plan Act of 2021 (ARP) added 
section 4262 of ERISA, which requires PBGC to provide special financial 
assistance (SFA) to certain financially troubled multiemployer plans 
upon application for assistance, which is funded by general tax 
revenues.
    For the second year in a row, both PBGC's Multiemployer Program and 
Single-Employer Program have a positive net position at fiscal year-
end. The financial status of the single-employer program improved from 
a positive net financial position of $30.9 billion at the end of FY 
2021 to $36.6 billion at the end of FY 2022. The net financial position 
of the multiemployer program improved from a positive net position of 
$481 million at the end of FY 2021 to $1.1 billion at the end of FY 
2022.
    ARP substantially improves the financial condition and the outlook 
for PBGC's multiemployer program. By forestalling the near-term 
insolvency of the most troubled multiemployer plans, the multiemployer 
program is no longer expected to go insolvent in FY 2026 and can 
accumulate a greater level of reserve assets in its insurance fund in 
the near-term.
    To carry out its statutory functions, PBGC issues regulations on 
such matters as how to pay premiums, when reports are due, what 
benefits are covered by the insurance program, how to terminate a plan, 
the liability for underfunding, and how withdrawal liability works for 
multiemployer plans. PBGC follows a regulatory approach that seeks to 
encourage the continuation and maintenance of securely-funded defined 
benefit plans. In developing new regulations and reviewing existing 
regulations, PBGC seeks to reduce burdens on plans, employers, and 
participants, and to ease and simplify employer compliance wherever 
possible. PBGC particularly strives to meet the needs of small 
businesses that sponsor defined benefit plans. In all such efforts, 
PBGC's mission is to protect the retirement incomes of plan 
participants.

Regulatory/Deregulatory Objectives and Priorities

    PBGC's regulatory/deregulatory objectives and priorities are 
developed in the context of the Corporation's statutory purposes, 
priorities, and strategic goals.
    Pension plans and the statutory framework in which they are 
maintained and terminated are complex. Despite this complexity, PBGC is 
committed to issuing simple, understandable, flexible, and timely 
regulations to help affected parties. PBGC's regulatory/deregulatory 
objectives and priorities are:
     To enhance the retirement security of workers and 
retirees;
     To implement regulatory actions that ease compliance 
burdens and achieve maximum net benefits while protecting retirement 
security; and
     To simplify existing regulations and reduce burden.
    PBGC endeavors in all its regulatory and deregulatory actions to 
promote clarity and reduce burden with the goal that net cost impact on 
the public is zero or less overall.

American Rescue Plan

    The American Rescue Plan Act of 2021 (ARP) added a new section 4262 
of ERISA to create a program to provide funding to severely underfunded 
multiemployer pension plans to ensure that millions of America's 
workers, retirees, and their families receive the pension benefits they 
earned through many years of hard work.
    Under new section 4262 of ERISA, PBGC was required within 120 days 
to prescribe in regulations or other guidance the requirements for SFA 
applications. To implement the program, on July 9, 2021, PBGC released 
an interim final rule (RIN 1212-AB53) adding a new part 4262 to its 
regulations, ``Special Financial Assistance by PBGC,'' which was 
published in the Federal Register on July 12, 2021. Part 4262 provides 
guidance to multiemployer pension plan sponsors on eligibility, 
determining the amount of SFA, content of an application for SFA, the 
process of applying, PBGC's review of applications, and restrictions 
and conditions on plans that receive SFA. PBGC received over 100 public 
comments on many provisions of the interim rule including the 
methodology plans must use to calculate the amount of SFA, permissible 
investments of SFA funds, and the conditions imposed on plans that 
receive SFA. PBGC published a final rule on July 8, 2022, that makes 
various changes to part 4262 in response to public comments. The 
provisions of the final rule became effective on August 8. PBGC 
included a 30-day public comment period solely on the change to the 
conditions to require a phased recognition of SFA assets for purposes 
of computing employer withdrawal liability. PBGC received seven 
comments, six of which related to the withdrawal liability condition.

Multiemployer Plans

    PBGC plans to publish a final rule prescribing actuarial 
assumptions which may be used by a multiemployer plan actuary in 
determining an employer's withdrawal liability (RIN 1212-AB54). Section 
4213(a) of ERISA permits PBGC to prescribe by regulation such 
assumptions.
    Benefit levels in a multiemployer plan are typically set by 
trustees representing contributing employers and unions. Withdrawal 
liability generally represents an employer's share of the plan's 
unfunded vested benefits (UVBs) that the plan may have at the end of 
the plan year immediately preceding the plan year in which the employer 
withdraws. Withdrawal liability is the portion of the UVBs allocable to 
the withdrawing employer and represents a plan's only opportunity to 
require a withdrawing employer to pay its allocated share of the 
unfunded liabilities. When a plan does not collect an adequate amount 
of withdrawal liability from a withdrawing employer or collects an 
amount that is less than a withdrawing employer's allocated share of 
the plan's UVBs, that burden is shifted to the remaining contributing 
employers in the plan. There is a higher likelihood that the plan will 
not be able to pay full accrued benefits, and ultimately, there is an 
increased likelihood that it would not have resources to pay basic 
(PBGC-guaranteed) benefits. In that case, a plan may have to cut 
benefits to the PBGC guarantee level and apply to PBGC for financial 
assistance, which shifts costs to plan participants and to others in 
the multiemployer insurance system who fund PBGC via annual premiums.
    The rulemaking is needed to clarify that a plan actuary's use of 
4044 rates represents a valid approach to selecting an interest rate 
assumption to determine withdrawal liability in all circumstances. The 
rulemaking would thereby reduce or eliminate the cost-shifting effects 
of impediments to actuaries' use of 4044 rates.
    PBGC also plans to propose a rulemaking that would add a new part 
4022A to PBGC's regulations to provide

[[Page 11170]]

guidance on determining the monthly amount of multiemployer plan 
benefits guaranteed by PBGC (``Multiemployer Plan Guaranteed 
Benefits,'' RIN 1212-AB37). For example, the proposed rule would 
explain what multiemployer plan benefits are eligible for PBGC's 
guarantee, how to determine credited service, how to determine a 
benefit's accrual rate, and how to calculate the guaranteed monthly 
benefit amount.

Rethinking Existing Regulations

    Most of PBGC's regulatory/deregulatory actions are the result of 
its ongoing retrospective review to identify and correct unintended 
effects, inconsistencies, inaccuracies, and requirements made 
irrelevant over time. For example, PBGC's ``Benefit Payments'' 
rulemaking (RIN 1212-AB27) would make clarifications and codify 
policies in PBGC's benefit payments and valuation regulations involving 
payment of lump sums, changes to benefit form, partial benefit 
distributions, and valuation of plan assets. PBGC's regulatory review 
also identified a need to improve PBGC's recoupment of benefit 
overpayment rules (``Improvements to Rules on Recoupment of Benefit 
Overpayments,'' RIN 1212-AB47). Other rulemakings would modernize 
PBGC's regulations and policies by adopting up-to-date assumptions and 
methods that are more consistent with best practices within the pension 
community. For example, PBGC is considering modernizing the interest, 
mortality, and expense load assumptions used to determine the present 
value of benefits under the asset allocation regulation (for single-
employer plans) and for determining mass withdrawal liability payments 
(for multiemployer plans) (RIN 1212-AA55) among other purposes.

Small Businesses

    PBGC considers very seriously the impact of its regulations and 
policies on small entities. PBGC attempts to minimize administrative 
burdens on plans and participants, improve transparency, simplify 
filing, and assist plans to comply with applicable requirements. PBGC 
particularly strives to meet the needs of small businesses that sponsor 
defined benefit plans. In all such efforts, PBGC's mission is to 
protect the retirement incomes of plan participants.

Open Government and Increased Public Participation

    PBGC encourages public participation in the regulatory process. For 
example, PBGC's ``Federal Register Notices Open for Comment'' web page 
highlights when there are opportunities to comment on proposed rules, 
information collections, and other Federal Register notices. PBGC also 
encourages comments on an ongoing basis as it continues to look for 
ways to further improve the agency's regulations. Efforts to reduce 
regulatory burden in the projects discussed above are in substantial 
part a response to public comments.

PBGC

Proposed Rule Stage

213. Actuarial Assumptions for Determining an Employer's Withdrawal 
Liability [1212-AB54]

    Priority: Economically Significant. Major under 5 U.S.C. 801.
    Legal Authority: 29 U.S.C. 1393; 29 U.S.C. 1302(b)(3)
    CFR Citation: 29 CFR 4213.
    Legal Deadline: None.
    Abstract: This final rule would prescribe actuarial assumptions 
which may be used by a multiemployer plan actuary in determining an 
employer's withdrawal liability.
    Statement of Need: Benefit levels in a multiemployer plan are 
typically set by trustees representing contributing employers and 
unions. Withdrawal liability generally represents an employer's share 
of the plan's unfunded vested benefits (UVBs) that the plan may have at 
the end of the plan year immediately preceding the plan year in which 
the employer withdraws. Withdrawal liability is the portion of the UVBs 
allocable to the withdrawing employer and represents a plan's only 
opportunity to require a withdrawing employer to pay its allocated 
share of the unfunded liabilities. When a plan does not collect an 
adequate amount of withdrawal liability from a withdrawing employer or 
collects an amount that is less than a withdrawing employer's allocated 
share of the plan's UVBs, that burden is shifted to the remaining 
contributing employers in the plan. There is a higher likelihood that 
the plan will not be able to pay full accrued benefits, and ultimately, 
there is an increased likelihood that it would not have resources to 
pay basic (PBGC-guaranteed) benefits. In that case, a plan may have to 
cut benefits to the PBGC guarantee level and apply to PBGC for 
financial assistance, which shifts costs to plan participants and to 
others in the multiemployer insurance system who fund PBGC via annual 
premiums.
    This rulemaking is needed to clarify that a plan actuary's use of 
4044 rates represents a valid approach to selecting an interest rate 
assumption to determine withdrawal liability in all circumstances. The 
rulemaking would thereby reduce or eliminate the cost-shifting effects 
of impediments to actuaries' use of 4044 rates.
    Anticipated Cost and Benefits: PBGC estimates that, in the 20 years 
following the final rule's effective date, there will be a nominal 
increase in cumulative withdrawal liability payments ranging between 
$804 million and $2.98 billion. While PBGC expects that the rulemaking 
will deter employer withdrawals, it will do so only at the margin, and 
this impact is difficult to estimate. Accordingly, this analysis does 
not model any change to the rate of employer withdrawals or decrease in 
contributions due to improved plan funding attributable to these 
changes because doing so would be too speculative.
    The major expenses associated with a withdrawal liability dispute 
are attorney fees, arbitration fees (including fees to initiate 
arbitration and fees charged by an arbitrator), and fees charged by 
expert witnesses. Though costs will vary greatly from plan to plan 
based on the plan's benefit formula, size of the plan, attorney and 
expert witness rates, and other factors, PBGC estimates that a 
withdrawal liability arbitration, measuring from a request for plan 
sponsor review of a withdrawal liability determination through the end 
of arbitration would range from $82,500 to $222,000. For lengthy 
litigation, costs can be over $1 million. Assuming some arbitrations 
and litigation would be avoided entirely, and others would be less 
complex because they would not include disputes over interest 
assumptions, PBGC estimates that this rulemaking would result in an 
annual savings of $500,000 to $1 million, split evenly between plans 
and employers.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   10/14/22  87 FR 62316
NPRM Comment Period End.............   11/14/22
NPRM Comment Period Extended........   11/10/22  87 FR 67853
NPRM Comment Period End.............   12/13/22
Final Rule..........................   06/00/23
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Government Levels Affected: None.
    Agency Contact: Hilary Duke, Assistant General Counsel for 
Regulatory Affairs, Pension Benefit Guaranty Corporation, 1200 K Street

[[Page 11171]]

NW, Washington, DC 20005, Phone: 202 229-3839, Email: 
[email protected].
    RIN: 1212-AB54

PBGC

Final Rule Stage

214. Special Financial Assistance by PBGC [1212-AB53]

    Priority: Economically Significant. Major under 5 U.S.C. 801.
    Legal Authority: 29 U.S.C. 1432; 29 U.S.C. 1302(b)(3)
    CFR Citation: 29 CFR 4262.
    Legal Deadline: Other, Statutory, July 9, 2021, 120 days after date 
of enactment (March 11, 2021).
    Section 4262(c) as added to the Employee Retirement Income Security 
Act of 1974 (ERISA) by section 9704 of Subtitle H of the American 
Rescue Plan Act of 2021, requires that within 120 days of the date of 
enactment of this section, PBGC shall issue regulations or guidance 
setting forth requirements for special financial assistance (SFA) 
applications under this section.
    Abstract: This final rule implements section 9704 of the American 
Rescue Plan Act by setting forth the requirements for plan sponsors of 
financially troubled multiemployer defined benefit pension plans to 
apply for special financial assistance from the Pension Benefit 
Guaranty Corporation, and related requirements.
    Statement of Need: This final rule is needed to implement section 
9704 of the American Rescue Plan Act and set forth the requirements for 
plan sponsors of financially troubled multiemployer defined benefit 
pension plans to apply for special financial assistance from the 
Pension Benefit Guaranty Corporation, and related requirements.
    Anticipated Cost and Benefits: In its fiscal year (FY) 2021 
Projections Report, published in September 2022, PBGC estimated a range 
of possible outcomes for the total amount of SFA payments under the 
provisions of the final rule. The program is likely to provide an 
estimated $74 billion to $91 billion in assistance. The estimated 
impact of the final rule is an increase of $5.6 billion in the mean 
total amount of SFA. The overall transfer under the SFA Program is 
uncertain because the amount of SFA each plan will receive is 
calculated at the time the plan applies to PBGC, and that SFA 
calculation is based on plan projections and economic conditions at the 
time of application. PBGC estimated the average annual information 
collection, including application, cost of the SFA program will be 
about $2 million. The SFA program is expected to assist severely 
underfunded multiemployer pension plans covering millions of 
participants and beneficiaries, including the provision of funds to 
reinstate suspended benefits of participants and beneficiaries.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Interim Final Rule..................   07/12/21  86 FR 36598
Interim Final Rule Effective........   07/12/21
Interim Final Rule Comment Period      08/11/21
 End.
Final Rule with Request for Comment    07/08/22  87 FR 40968
 on 29 CFR 4262.16(g)(2).
Final Rule with Request for Comment    08/08/22
 Period End.
Final Rule Effective................   08/08/22
Analyzing Comments..................   12/00/22
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Government Levels Affected: None.
    Agency Contact: Hilary Duke, Assistant General Counsel for 
Regulatory Affairs, Pension Benefit Guaranty Corporation, 1200 K Street 
NW, Washington, DC 20005, Phone: 202 229-3839, Email: 
[email protected].
    RIN: 1212-AB53
BILLING CODE 7709-02-P

U.S. SMALL BUSINESS ADMINISTRATION

Statement of Regulatory Priorities

Overview

    The mission of the U.S. Small Business Administration (SBA or 
Agency) is to maintain and strengthen the nation's economy by helping 
Americans start, grow and build resilient businesses, and by helping 
communities and small businesses recover after disasters. In 
accomplishing this mission, SBA strives to improve the economic 
environment for small businesses including those in underserved 
communities.
    SBA has several capital, market access, and technical assistance 
programs that provide a crucial foundation for those starting or 
growing a small business. For example, the Agency serves as a guarantor 
of loans made to small businesses by lenders that participate in SBA's 
capital programs. The Agency also licenses small business investment 
companies that make equity and debt investments in qualifying small 
businesses using a combination of privately raised capital and SBA 
guaranteed leverage. SBA also helps small businesses access federal 
government contracting opportunities and funds various certification, 
training and mentoring programs to help small businesses, particularly 
businesses owned by women, service-disabled veterans, minorities, and 
other historically underrepresented groups. SBA also helps promote 
export trade opportunities for small businesses looking to expand 
through global trade. The Agency also provides management and technical 
assistance to existing or potential small business owners through 
various grants, cooperative agreements, or contracts with resource 
partners. Finally, as a vital part of its purpose, SBA also provides 
direct disaster assistance to businesses for economic and physical 
damages, to homeowners and renters to repair or replace their property 
in the aftermath of a disaster, and to both residents and businesses to 
mitigate for future disasters.

Reducing Burden on Small Businesses

    SBA's regulatory policy reflects a commitment to developing 
regulations that simplify the experience in navigating its programs, in 
particular for the Agency's core customers--small businesses. SBA's 
regulatory process generally includes an assessment of the costs and 
benefits of the regulations as required by Executive Order No. 12866, 
1993, ``Regulatory Planning and Review''; Executive Order No. 13563, 
2011, ``Improving Regulation and Regulatory Review''; and the 
Regulatory Flexibility Act. SBA's program offices are particularly 
invested in finding ways to reduce the burden imposed by the Agency's 
core activities in its loan, investment, grant, innovation, and 
procurement programs.

Openness and Transparency

    SBA promotes transparency, collaboration, and public participation 
in its rulemaking process. To that end, SBA routinely solicits comments 
on its regulations, even those that are not subject to the public 
notice and comment requirement under the Administrative Procedure Act. 
Where appropriate, SBA also conducts hearings, webinars, and other 
public events as part of its regulatory process.

Regulatory Framework

    The SBA FY22-24 Strategic Plan serves as the foundation for the 
regulations that the Agency will develop during the next twelve months. 
This Strategic Plan provides a framework for

[[Page 11172]]

strengthening, streamlining, and simplifying SBA's programs; and 
leverages collaborative relationships with other agencies and the 
private sector to maximize the tools small business owners and 
entrepreneurs need to drive American innovation and strengthen the 
economy with business revenue and job growth. The plan sets out three 
strategic goals: (1) Ensure equitable and customer-centric design and 
delivery of programs to support small businesses and innovative 
startups; (2) Build resilient businesses and a sustainable economy; (3) 
Implement strong stewardship of resources for greater impact. The 
regulations reported in SBA's semi-annual Regulatory Agenda and Plan 
are intended to facilitate achievement of these goals and objectives.
    Since March 2020, SBA's regulatory activities have placed 
significant focus on rulemakings that are necessary to further advance 
the country's economic recovery from the Coronavirus (COVID-19) 
pandemic. These rulemakings have included those implementing the 
Paycheck Protection Program and the Economic Injury Disaster Loan 
program, making it possible for millions of businesses, sole 
proprietors, independent contractors, certain non-profits, and 
veterans' organizations, among other entities, to receive financial 
assistance to alleviate the economic crisis caused by the COVID-19 
pandemic. Over the next 12 months, SBA will take further regulatory 
action, if necessary, to continue to advance the country's economic 
recovery. Many of these regulatory activities, in particular, will 
focus on enhancing SBA's programs and increasing access to those 
offerings in underserved and underrepresented communities across the 
country.

Administration's Priorities

    To the extent possible and consistent with the Agency's statutory 
purpose, SBA will also take steps to support the Administration's 
priorities highlighted in Fall 2022 Data Call for the Unified Agenda of 
Federal Regulatory and Deregulatory Action (09/02/2022), namely: (1) 
Actions that advance the country's economic recovery and continue to 
address any additional necessary COVID-related issues; (2) Actions that 
tackle the climate change emergency; (3) Actions that advance equity 
and support underserved, vulnerable and marginalized communities; (4) 
Actions that create and sustain good jobs with a free and fair choice 
to join a union and promote economic resilience in general; and (5) 
Actions that improve service delivery, customer experience, and reduce 
administrative burdens.

Advancing the Country's Economic Recovery and Addressing Additional 
COVID-Related Issues

    As small businesses across multiple industries continue to face 
economic uncertainties, SBA will continue to provide financial 
assistance consistent with existing statutory authorities to help 
alleviate the financial burdens still facing small businesses. SBA will 
take steps, including regulatory action where necessary, to modify 
requirements for its various COVID-related assistance programs to 
alleviate burdens on eligible program recipients and further advance 
the country's economic recovery. For example, the rule, Disaster Loan 
Program Changes (RIN: 3245-AH80) proposes to expand the number of small 
businesses, nonprofit organizations, qualified agricultural businesses, 
and independent contractors within various sectors of the economy that 
are eligible for a loan under the COVID-EIDL program and also proposes 
to expand the eligible uses of loan proceeds. These and other proposed 
amendments to the program will help increase the flow of funds to the 
businesses and put them in a better position to recover from the 
economic losses caused by the pandemic, sustain their operations, and 
retain or hire employees. The Agency also remains committed to ensuring 
that COVID financial assistance programs are executed in a manner that 
are as impactful as the loan program.

Advancing Equity and Supporting Underserved, Vulnerable, and 
Marginalized Communities

    As evidenced by SBA's Equity Action Plan,\1\ the Agency has made 
great strides in identifying potential barriers facing underserved and 
marginalized communities and ways in which SBA can help to overcome 
those barriers. The responsive actions identified to date do not 
require regulations for implementation and include the following: 
promoting greater access for small businesses to all of our programs 
including addressing language and cultural differences and socio-
economic factors; expanding the lending network including to lending 
groups that work with underserved communities; improving outreach 
through technology and addressing digital/technological divide. To help 
identify gaps and develop a more targeted outreach effort, SBA will 
continue to revise information collection instruments and enter into 
agreements with federal statistical agencies to gather demographic data 
on recipients of its programs and services. SBA continues to explore 
additional regulatory actions that can supplement its Equity Action 
Plan objectives and further support underserved, vulnerable, and 
marginalized communities.
---------------------------------------------------------------------------

    \1\ SBA, Equity Action Plan, available at https://assets.performance.gov/cx/equity-action-plans/2022/E.O.%2013985_SBA_Equity%20Action%20Plan_2022.pdf (Jan. 2022).
---------------------------------------------------------------------------

Title: Ownership and Control and Contractual Assistance Requirements 
for the 8(a) Business Development Program

    Pursuant to Sections 7(j)(10) and 8(a) of the small Business Act 
(15 U.S.C. 636(j)(10) and 637(a)), SBA operates the 8(a) Business 
Development Program. The program helps firms owned and controlled by 
socially and economically disadvantaged individuals strengthen their 
ability to compete effectively in the American economy by providing 
training and various forms of technical, financial, and procurement 
assistance. Through this proposed rulemaking, SBA proposes several 
changes to the ownership and control requirements for the 8(a) Business 
Development (BD) program, including recognizing a process for allowing 
a change of ownership for a former Participant that is still performing 
one or more 8(a) contracts and permitting an individual to own an 
applicant or Participant where the individual can demonstrate that 
financial obligations have been settled and discharged by the Federal 
Government. The rule also proposes to make several changes relating to 
8(a) contracts, including clarifying that a contracting officer cannot 
limit an 8(a) competition to Participants having more than one 
certification and clarifying the rules pertaining to issuing sole 
source 8(a) orders under an 8(a) multiple award contract. The proposed 
rule would also make several other revisions to incorporate changes to 
SBA's other government contracting programs, including changes to 
implement a statutory amendment from the National Defense Authorization 
Act for Fiscal Year 2022, include blanket purchase agreements in the 
list of contracting vehicles that are covered by the definitions of 
consolidation and bundling, and more clearly specify the requirements 
relating to waivers of the nonmanufacturer rule.

Actions That Tackle the Climate Change Emergency and Promote Economic 
Resilience

    To help combat the climate change crisis, SBA is implementing a 
multi-year

[[Page 11173]]

priority goal to help prepare and rebuild resilient communities by 
enhancing communication efforts for mitigation. SBA's regulations in 13 
CFR part 123 contain the legal framework for financing projects 
specifically targeted for pre-disaster and post-disaster mitigation 
projects. Proceeds from other SBA financing programs can also be used 
for mitigating measures. At this point no regulations are necessary to 
implement any of these options; therefore, SBA will focus its efforts 
on educating the public on the benefits of investing in mitigation and 
resilience projects and also on increasing awareness of SBA loan 
programs that can be used for renovating, retrofitting, or purchasing 
buildings and equipment to reduce greenhouse gas emissions; improving 
energy efficiency; or enabling the development of innovative solutions 
that support the green economy.
    Even so, SBA's continued regulatory activities to enhance and 
modernize its procurement and capital assistance programs will further 
these efforts to combat the climate crisis. For example, SBA's proposed 
rule, Disaster Loan Program Changes to Maximum Loan Amounts and 
Miscellaneous Updates (RIN 3245-AH91), intends to amend various 
regulations governing SBA's Disaster Loan Program in order to expand 
options for disaster loan recipients as well as reflect inflation. 
These changes, including the increase to the home loan lending limits, 
the extension of the deferment period, and the expansion of mitigation 
options, are intended to increase disaster survivors' access to needed 
disaster loan funds for the repair or replacement of a damaged 
property. The changes are necessary due to increased costs related to 
construction and labor, as well as increases in property values over 
time.

Other Priorities

    SBA plans to prioritizes: (1) the regulations that are necessary to 
implement new authority for SBA to take over responsibility from the 
Department of Veterans Affairs (VA) for certifying veteran-owned small 
businesses (VOSBs) and service-disabled veteran-owned small businesses 
(SDVOSBs) for sole source and set-asides contracts; (2) regulations for 
SBA's Small Business Investment Company program that will enhance 
investment in underserved communities and geographies, capital 
intensive investments, and technologies critical to national security 
and economic development access to SBA's capital and other financing 
programs; and (3) regulations that reduce barriers for small businesses 
seeking capital, lending, and other financial assistance from the 
Agency.

Title: Veteran-Owned Small Business and Service-Disabled, Veteran-Owned 
Small Business--Certification (RIN 3245-AH69)

    The Veteran-Owned Small Business (VOSB) and Service-Disabled 
Veteran-Owned Small Business (SDVOSB) Programs, as managed by the 
Department of Veterans Affairs (VA) in compliance with 38 U.S.C. 8127, 
authorize Federal contracting officers to restrict competition to 
eligible VOSBs and SDVOSBs for VA contracts. There is currently no 
government-wide VOSB set-aside program, and firms seeking to be awarded 
SDVOSB set-aside contracts with Federal agencies (other than the VA) 
are required only to self-certify their SDVOSB status. Section 862 of 
the National Defense Authorization Act, Fiscal Year 2021, Public Law 
116-283, 128 Stat. 3292 (January 1, 2021), amended the VA certification 
authority and transferred the responsibility for certification of VOSBs 
and SDVOSBs to SBA and created a government-wide certification 
requirement for SDVOSBs seeking sole source and set-aside contracts. 
Section 862 of the NDAA FY 2021 requires transfer of the program to SBA 
on January 1, 2023.
    This statutorily mandated program is consistent with SBA's ongoing 
efforts to support businesses in underserved markets, including 
veteran-owned small businesses. And as businesses struggle to overcome 
the financial effects of the COVID pandemic, promulgating the rule 
before the transfer date will also ensure there is no gap in the 
certification process. Any delay in certification could adversely 
impact those VOSBs and SDVOSBs seeking access to the billions of 
dollars in federal government procurement opportunities and could 
impact their economic recovery. Before SBA officially takes over 
responsibility for the certification on January 1, 2023, the Agency 
must put in place the regulations and other guidance that will govern 
the certification program at SBA. On July 6, 2022, SBA published a 
Notice of Proposed Rulemaking (NPRM) to solicit public input on how to 
implement a program that would best serve the needs of America's 
veterans who aspire to start or grow their businesses and access the 
billions of dollars in contracts that Federal agencies award annually. 
SBA sought comments on how the certification processes are currently 
working, how they can be improved, and how best to incorporate those 
improvements into any new certification program at SBA. SBA reviewed 
public comments received before the comment period closed on August 8, 
2022, and issued a final rule on November 29, 2022 (87 FR 734000).

Title: Small Business Investment Company Investment Diversification and 
Growth (RIN 3245-AH90)

    The U.S. Small Business Administration (``SBA'' or ``Agency'') is 
proposing to revise the regulations for the Small Business Investment 
Company (``SBIC'') program to significantly reduce barriers to program 
participation in order to stimulate participation of new SBIC fund 
managers and funds investing in underserved communities and 
geographies, capital intensive investments, and technologies critical 
to national security and economic development. This rulemaking will 
enhance SBIC programmatic participation and further the 
Administration's ongoing objectives of Advancing the Country's Economic 
Recovery, Advancing Equity and Supporting Underserved, Vulnerable, and 
Marginalized Communities, and Tackling the Climate Change Emergency and 
Promoting Economic Resilience.
    Through this rulemaking, SBA intends to reduce the regulatory 
burden on new SBIC fund managers who are oftentimes small businesses 
themselves. This proposed rule introduces an additional type of SBIC 
(``Accrual SBICs'') to increase program investment diversification and 
patient capital financing for small businesses and modernize rules to 
lower financial barriers to program participation. SBA intends to 
implement a regulatory framework in support for Administration 
priorities by reducing financial and administrative barriers to 
participate in the SBIC program and modernizing the program's license 
and capital commitment offerings to align with a more diversified set 
of private funds investing in underserved small businesses, capital-
intensive small businesses and technologies and industries critical to 
our national security and global competitiveness. In addition, the 
proposed rule also incorporates the statutory requirements of the 
Spurring Business in Communities Act of 2017, which was enacted on 
December 19, 2018.

Title: Affiliation and Lending Criteria for the SBA Business Loan 
Programs (RIN 3245-AH87)

    In response to continuing requests by SBA's participating lenders 
and the public, SBA intends to revise its affiliation standards and 
certain other lending criteria restricting access to

[[Page 11174]]

SBA's capital programs. SBA believes that revising its affiliation 
regulations would result in expansion of credit to those who cannot 
obtain credit elsewhere and would increase understanding of and 
compliance with program rules while decreasing time spent reviewing an 
applicant for eligibility. SBA also intends to address these challenges 
in financing changes of ownership, such as partial ownership purchases. 
Orderly transitions of business ownership are beneficial both to the 
small business and its employees. The ability for employees to acquire 
partial ownership interest in small businesses can assist with business 
succession and ownership transitions, especially when there is more 
than one current owner and one of the current owners intends to sell 
their equity stake in the small business to one or more employees who 
may not then have an equity ownership interest. Through that 
acquisition, the small business concern would likely benefit from 
remaining in operation when it would otherwise be forced to close, and 
the employees would likely benefit by having a path to ownership of an 
operational small business.
    Partial changes of ownership among existing owners of a small 
business may permit such businesses to attract new employees as partial 
owners (e.g., allowing a dental group to attract a new dentist to the 
practice and providing the new dentist with partial ownership in the 
small business). Financing for these changes of ownership also permit 
family members to purchase partial ownership in a family-run small 
business and ensure continuation of the small business after the 
retirement or death of an owner. The costs associated with the creation 
of an ESOP and ongoing compliance with associated regulations may be 
cost-prohibitive for small businesses. Additionally, the organizational 
costs for unleveraged ESOPs start at $80,000 with additional annual 
compliance reporting obligations. In a leveraged ESOP transaction, the 
initial costs increase by 25 percent or more. SBA believes these costs 
to be prohibitive for many small businesses that qualify for SBA 
assistance.
    Presently, SBA does not fully meet the financing needs of small 
businesses regarding partial changes of ownership due to current 
restrictions, necessitating this proposed rule. Historically, SBA has 
permitted loan proceeds for use only in three situations involving a 
change of ownership: (1) A complete change of ownership; (2) a Partner 
Buyout; and (3) where an ESOP purchases a controlling interest (51% or 
more) in the employer small business from the current owner(s). Outside 
of loans to ESOPs, SBA's current regulations do not permit 7(a) loan 
proceeds to be used for partial changes of ownership. Through this 
proposed rulemaking, SBA intends to address these challenges to 
financing ownership changes. SBA intends for the proposed rule change 
to allow for partial changes of ownership for employee ownership 
without the additional upfront and ongoing costs incurred by the small 
business in the formation and operation of an ESOP trust.
    In addition, the proposed changes will reduce regulatory burdens, 
modernize program delivery through the use of data analytics tools and 
machine learning modelling, reduce the number of hours spent processing 
an application to deliver a loan for both SBA and lenders and increase 
access to capital.

Title: Small Business Lending Company (SBLC) Moratorium Rescission and 
Removal of the Requirement for a Loan Authorization (RIN 3245-AH92)

    SBA has determined that certain markets, where there are capital 
market gaps, continue to struggle to obtain financing on non-predatory 
terms. Therefore, SBA is proposing to lift the moratorium on licensing 
new Small Business Lending Companies (SBLC) and create a new type of 
mission-based SBLC to help bridge this financing gap.
    SBA is proposing to add a new definition for ``Mission-Based SBLC'' 
within its regulations, defining a Mission-Based SBLC as a specific 
type of SBLC that is a nonprofit organization with the purpose of 
filling an identified capital market gap, such as financing in 
underserved geographic areas or for socioeconomic groups, veterans, and 
certain types of business like startups and home-based ventures. 
Similar to regular SBLCs, SBA would license these Mission-Based SBLCs 
for the sole purpose of making 7(a) loans.
    Mission-Based SBLCs as proposed would allow SBA to better meet the 
needs of underserved communities. Mission-Based SBLCs will increase 
opportunities for access to capital in precisely targeted capital 
market gaps as described more fully below in proposed revisions to 
section 120.470. SBA is proposing for Mission-Based SBLCs to be 
nonprofit entities because nonprofit lending organizations often 
specifically target the capital market gaps SBA intends to fill, yet 
nonprofits may be unable to meet SBA's current requirements for SBLCs, 
which are typically for-profit. Adding Mission-Based SBLCs to the 
possible types of 7(a) Lenders will also allow CA Lenders an 
opportunity to apply to permanently participate in the 7(a) Loan 
Program as a Mission-Based SBLC while continuing to meet the needs of 
underserved communities. When SBA authorizes an additional Mission-
Based SBLC License to a CA Lender, the CA Lender will no longer be able 
to make CA loans, because SBLCs, including Mission-Based SBLCs, may 
only make regular (non-CA) 7(a) loans.
    In addition, SBA intends to modify its documentation requirements 
for lending activities on 7(a) loans to enhance borrower experience and 
customer service as well as improve Agency operations. These 
modifications may include removal of duplicative forms and other 
information collections on applicants for the business loan programs, 
thereby lowering costs and reducing paperwork burdens on borrowers, 
lenders, and SBA.

Actions That Improve Service Delivery, Customer Experience, and Reduce 
Administrative Burdens

    For example, SBA's proposed rule, Affiliation and Lending Criteria 
for the SBA Business Loan Programs (RIN 3245-AH87), discussed supra, 
intends to reduce regulatory burdens, modernize program delivery 
through the use of data analytics tools and machine learning modelling, 
reduce the number of hours spent processing an application to deliver a 
loan for both SBA and lenders and increase access to capital. For 
another example, SBA's proposed rule, Small Business Lending Company 
(SBLC) Moratorium Rescission and Removal of the Requirement for a Loan 
Authorization (RIN 3245-AH92), discussed supra, intends to modify its 
documentation requirements for lending activities on 7(a) loans to 
enhance borrower experience and customer service as well as improve 
Agency operations. These modifications may include removal of 
duplicative forms and other information collections on applicants for 
the business loan programs, thereby lowering costs and reducing 
paperwork burdens on borrowers, lenders, and SBA. For another example, 
SBA's final rule, Veteran-Owned Small Business and Service-Disabled, 
Veteran-Owned Small Business--Certification (RIN 3245-AH69), intends to 
improve the certification process for veteran-owned and service-
disabled veteran-owned small businesses by reducing administrative 
burdens on these business concerns seeking certifications to ensure 
greater participation in federal procurement.
BILLING CODE 8026-03-P


[[Page 11175]]



SOCIAL SECURITY ADMINISTRATION (SSA)

I. Statement of Regulatory Priorities

    We administer the Retirement, Survivors, and Disability Insurance 
programs under title II of the Social Security Act (Act), the 
Supplemental Security Income (SSI) program under title XVI of the Act, 
and the Special Veterans Benefits program under title VIII of the Act. 
As directed by Congress, we also assist in administering portions of 
the Medicare program under title XVIII of the Act. Our regulations 
codify the requirements for eligibility and entitlement to benefits and 
our procedures for administering these programs. Generally, our 
regulations do not impose burdens on the private sector or on State or 
local governments, except for the States' Disability Determination 
Services. However, our regulations can impose burdens on the private 
sector in the course of evaluating a claimant's initial or continued 
eligibility. We fully fund the Disability Determination Services in 
advance or via reimbursement for necessary costs in making disability 
determinations.
    The entries in our regulatory plan represent issues of major 
importance to the Agency. Through our regulatory plan, we intend to:
    A. Modify the medical criteria we use when evaluating digestive 
disorders and skin disorders for adults under titles II and XVI, and 
children under title XVI of the Act (RIN 0960-AG65);
    B. Implement access to and use of information held by payroll data 
providers to help administer the title II disability insurance and 
title XVI supplemental security income programs, reduce reporting 
burdens on beneficiaries, and prevent improper payments (RIN 0960-
AH88);
    C. Simplify a specific policy within the SSI program by no longer 
considering food expenses as a source of In-Kind Support and 
Maintenance (ISM) (RIN 0960-AI60); and
    D. Clarify the circumstances under which SSA may disclose social 
security numbers (SSN) to other Federal agencies (RIN 0960-AI80).

II. Regulations in the Proposed Rule Stage

    Our proposed regulations would implement the Commissioner's access 
to and use of the information held by payroll data providers. We are 
required to publish regulations implementing our access and use of this 
data, which is to include: guidelines for the information exchanges, 
authorizations, reduced wage reporting responsibilities, and procedures 
for notifying individuals of reduced reporting (RIN 0960-AH88).
    Also, our proposed regulations would clarify the circumstances 
under which SSA may disclose SSN information to other Federal agencies. 
We disclose to other Federal agencies certain SSN information as 
authorized pursuant to a framework of Federal statues, including the 
Act, the Privacy Act, and related regulations (RIN 0960-AI80).
    Lastly, our proposed regulations would target changes to the ISM 
policy in our SSI program. They would simplify a specific policy within 
the SSI program by no longer considering food expenses as a source of 
ISM (RIN 0960-AI60).

III. Regulations in the Final Rule Stage

    Our regulation would modify the medical criteria we use when 
evaluating digestive disorders and skin disorders for adults under 
titles II and XVI, and children under title XVI of the Act. We are 
revising the criteria in these sections to ensure that the medical 
evaluation criteria are up-to-date and consistent with the latest 
advances in medical knowledge and treatment (RIN 0960-AG65).

Retrospective Review of Existing Regulations

    Pursuant to section 6 of Executive Order 13563, ``Improving 
Regulation and Regulatory Review'' (January 18, 2011), SSA regularly 
engages in retrospective review and analysis for multiple existing 
regulatory initiatives. These initiatives may be proposed or completed 
actions, and they do not necessarily appear in The Regulatory Plan. You 
can find more information on these completed rulemakings in past 
publications of the Unified Agenda at www.reginfo.gov in the 
``Completed Actions'' section for the Social Security Administration.

SSA

Proposed Rule Stage

215. Use of Electronic Payroll Data To Improve Program Administration 
[0960-AH88]

    Priority: Other Significant.
    Legal Authority: Bipartisan Budget Act of 2015, sec. 824
    CFR Citation: Not Yet Determined.
    Legal Deadline: None.
    Abstract: We propose to implement the Commissioner's access to and 
use of the information held by payroll data providers. We will use this 
data to help administer the title II disability insurance (DI) and 
title XVI supplemental security income (SSI) programs and prevent 
improper payments. Under section 824 of the Bipartisan Budget Act of 
2015, we are required to publish regulations implementing our access 
and use of this data, which is to include: guidelines for the 
information exchanges, authorizations, reduced wage reporting 
responsibilities, and procedures for notifying individuals of reduced 
reporting.
    Statement of Need: In accordance with the Bipartisan Budget Act of 
2015, section 824, the Commissioner of Social Security has the 
authority to enter into an information exchange with a payroll data 
provider, allowing us to efficiently administer monthly disability 
insurance and supplemental security income benefits, while preventing 
improper payments. Section 824(d) of the Bipartisan Budget Act of 2015 
requires the agency to implement its access to and use of information 
held by payroll data providers.
    Summary of Legal Basis: Bipartisan Budget Act of 2015, section 824.
    Alternatives: To be determined.
    Anticipated Cost and Benefits: To be provided with publication of 
the proposed rule.
    Risks: To be determined.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   02/00/23  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Small Entities Affected: No.
    Government Levels Affected: None.
    Agency Contact: Scott Logan, Social Insurance Specialist, Social 
Security Administration, Office of Income Security Programs 6401 
Security Boulevard, Baltimore, MD 21235-6401, Phone: 410 966-5927, 
Email: [email protected].
    RIN: 0960-AH88

SSA

216. Omitting Food From In-Kind Support and Maintenance Calculations 
[0960-AI60]

    Priority: Other Significant. Major under 5 U.S.C. 801.
    Legal Authority: 42 U.S.C. 902(a)(5); 42 U.S.C. 1381a; 42 
U.S.C.1382; 42 U.S.C. 1382a; 42 U.S.C. 1382b; 42 U.S.C. 1382c(f); 42 
U.S.C. 1382j; 42 U.S.C. 1383; 42 U.S.C. 1382 note; . . .
    CFR Citation: 20 CFR 416.1102; 20 CFR 416.1130; 20 CFR 416.1131; 20 
CFR 416.1103; 20 CFR 416.1104; 20 CFR 416.1121; 20 CFR 416.1124; 20 CFR

[[Page 11176]]

416.1132; 20 CFR 416.1133; 20 CFR 416.1140; 20 CFR 416.1147; 20 CFR 
416.1148; 20 CFR 416.1149; 20 CFR 416.1157; . . .
    Legal Deadline: None.
    Abstract: We propose to change the definition of In-Kind Support 
and Maintenance (ISM) to no longer consider food expenses as a source 
of ISM. Instead, ISM would only be derived from shelter expenses (i.e. 
costs associated with room, rent, mortgage payments, real property 
taxes, heating fuel, gas, electricity, water, sewerage, and garbage 
collection services). The present definition of ISM is used across 
several regulations and this regulatory change would necessitate minor 
changes to other related regulations.
    Statement of Need: This change would remove food cost when we 
determine ISM. By doing so, it streamlines the ISM policy and resulting 
Supplemental Security Income (SSI) program complexity.
    Summary of Legal Basis: We are proposing a regulatory change to 
revise our definition of ISM by removing food from 20 CFR 416.1130. 
This will streamline the policy and reduce the program complexity of 
ISM.
    Alternatives: In the absence of legislative changes, the current 
proposal streamlines the SSI process.
    Anticipated Cost and Benefits: We estimate that implementation of 
these proposed rules for all eligibility and payment determinations 
effective April 1, 2023 and later will result in an increase in Federal 
SSI payments of a total of about $1.5 billion over the period of fiscal 
years 2023 through 2032.
    Risks: We do not anticipate risk to the integrity of our program.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   03/00/23  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Small Entities Affected: No.
    Government Levels Affected: None.
    Agency Contact: Scott Logan, Social Insurance Specialist Social 
Security Administration, Office of Income Security Programs, 6401 
Security Boulevard, Baltimore, MD 21235-6401, Phone: 410 966-5927, 
Email: [email protected].
    RIN: 0960-AI60

SSA

217.  Social Security Number Use in Government Records [0960-
AI80]

    Priority: Other Significant.
    Legal Authority: 5 U.S.C. 552a
    CFR Citation: 20 CFR 401; 20 CFR 422.
    Legal Deadline: None.
    Abstract: The Social Security Administration (SSA) collects and 
maintains information regarding Social Security Number (SSN) applicants 
to administer the Social Security, Supplemental Security Income, and 
Special Veterans Benefits programs. SSA discloses to other Federal 
agencies certain SSN information as authorized pursuant to a framework 
of Federal statues, including the Privacy Act and the Social Security 
Act, and related regulations. This regulation clarifies the 
circumstances under which SSA may disclose SSN information to other 
Federal agencies.
    Statement of Need: The public increasingly seeks to apply for and 
manage government services and benefits online. This regulation helps 
increase access to services while preserving privacy protections.
    Summary of Legal Basis: TBD.
    Alternatives: TBD.
    Anticipated Cost and Benefits: This regulation may result in 
increased access to, and more efficient and effective administration 
of, Federal government services and benefits. Pursuant to Federal law, 
Federal agencies seeking data, including Social Security Number 
verifications, from the Social Security Administration (SSA) must 
reimburse SSA for its cost to provide the service.
    Risks: TBD.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   11/00/23  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Small Entities Affected: No.
    Government Levels Affected: None.
    Agency Contact: Elizabeth Tino, Senior Advisor, Social Security 
Administration, Office of the General Counsel, 6401 Security Boulevard, 
Woodlawn, MD 21235-6401, Phone: 443 519-8278.
    RIN: 0960-AI80

SSA

Final Rule Stage

218. Revised Medical Criteria for Evaluating Digestive Disorders and 
Skin Disorders [0960-AG65]

    Priority: Other Significant.
    Legal Authority: 42 U.S.C. 402; 42 U.S.C. 405(a); 42 U.S.C. 405(b); 
42 U.S.C. 405(d) to 405(h); 42 U.S.C. 416(i); 42 U.S.C. 421(a); 42 
U.S.C. 421(i); 42 U.S.C. 423; 42 U.S.C. 902(a)(5); 42 U.S.C. 1381a; 42 
U.S.C. 1382c; 42 U.S.C. 1383; 42 U.S.C. 1383b
    CFR Citation: 20 CFR 404, subpart P, app. 1.
    Legal Deadline: None.
    Abstract: Sections 5.00 and 105.00, Digestive System and sections 
8.00 and 108.00, Skin Disorders, of appendix 1 to subpart P of part 404 
of our regulations describe those disorders that we consider severe 
enough to prevent a person from engaging in any gainful activity, or 
that cause marked and severe functional limitations for a child 
claiming Supplemental Security Income payments under title XVI. We are 
revising the criteria in these sections to ensure that the medical 
evaluation criteria are up-to-date and consistent with the latest 
advances in medical knowledge and treatment.
    Statement of Need: These changes would modernize our criteria for 
evaluating digestive and skin disorders, consistent with current 
medical and scientific evidence and standards of care.
    Summary of Legal Basis: Sections 4.00 and 104.00, Cardiovascular 
System, of appendix 1 to subpart P of part 404 of our regulations.
    Sections 8.00 and 108.00, Skin Disorders, of appendix 1 to subpart 
P of part 404 of our regulations.
    This proposed rule is not required by statute or court order.
    Alternatives: We considered continuing to use our current criteria. 
However, we believe these proposed revisions are necessary because of 
medical advances, technology, and treatment since we last revised these 
rules.
    Anticipated Cost and Benefits: The results of the actuarial 
analysis indicate a small net increase in scheduled OASDI benefit 
payments for digestive disorders updates ($93 million), a small net 
decrease in Federal SSI payments ($4 million), and small net decreases 
in scheduled OASDI benefit payments for skin disorders updates ($83 
million) and in Federal SSI payments ($40 million) over a ten year 
period.
    Risks: None.
    Timetable:

[[Page 11177]]



------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
ANPRM...............................   12/12/07  72 FR 70527
ANPRM Comment Period End............   02/11/08  .......................
NPRM................................   07/25/19  84 FR 35936
NPRM Comment Period End.............   09/23/19  .......................
Final Action........................   12/00/22  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Small Entities Affected: No.
    Government Levels Affected: None.
    Additional Information: Includes Retrospective Review under E.O. 
13563.
    URL For Public Comments: www.regulations.gov.
    Agency Contact: Michael J. Goldstein Director, Social Security 
Administration, Office of Medical Policy, 6401 Security Boulevard, 
Woodlawn, MD 21235-6401, Phone: 410 966-2733, Email: 
[email protected].
    Related RIN: Related to 0960-AG74, Related to 0960-AG91
    RIN: 0960-AG65
BILLING CODE 4191-02-P

FEDERAL ACQUISITION REGULATION (FAR)

    The Federal Acquisition Regulation (FAR) was established to codify 
uniform policies for acquisition of supplies and services by executive 
agencies. It is issued and maintained jointly under the statutory 
authorities granted to the Secretary of Defense, Administrator of 
General Services, and the Administrator, National Aeronautics and Space 
Administration, known as the Federal Acquisition Regulatory Council 
(FAR Council). Overall statutory authority is found at chapters 11 and 
13 of title 41 of the United States Code.
    Pursuant to Executive Order 12866, ``Regulatory Planning and 
Review'' (September 30, 1993) and Executive Order 13563, ``Improving 
Regulation and Regulatory Review'' (January 18, 2011), the Regulatory 
Plan and Unified Agenda provide notice about the FAR Council's proposed 
regulatory and deregulatory actions within the Executive Branch. The 
Fall 2022 Unified Agenda consists of 52 active agenda items.

Rulemaking Priorities

    The FAR Council is required to amend the Federal Acquisition 
Regulation to implement statutory and policy initiatives. The FAR 
Council prioritization is focused on initiatives that:
     Promote the country's economic resilience,
     Tackle the climate change emergency,
     Advance equity and support underserved, vulnerable and 
marginalized communities,
     Improve service delivery and customer experience, 
including reducing administrative burdens, enhancing transparency, and 
improving efficiency and effectiveness of government, and
     Support national security efforts, especially safeguarding 
Federal Government information and information technology systems.

Rulemaking That Promotes Economic Resilience

    FAR Case 2022-004, ``Enhanced Price Preference for Critical 
Components and Critical Items,'' will add a list of critical components 
and critical items, along with their associated enhanced price 
preference, that will apply to acquisitions subject to the Buy American 
statute. This rule completes the framework added to the FAR as part of 
implementation of section 8 of Executive Order 14005, Ensuring the 
Future Is Made in All of America by All of America's Workers.
    FAR Case 2022-011, ``Nondisplacement of Qualified Workers Under 
Service Contracts,'' will require contractors and subcontractors to 
offer qualified employees employed under predecessor contracts a right 
of first refusal of employment under successor contracts in accordance 
with Executive Order 14055, Nondisplacement of Qualified Workers Under 
Service Contracts and the associated Department of Labor regulations at 
29 CFR part 9.
    FAR Case 2022-003, ``Use of Project Labor Agreement for Federal 
Construction Projects,'' will require the use of project labor 
agreements for large-scale construction projects with a total estimated 
value of $35 million or more in accordance with Executive Order 14063, 
Use of Project Labor Agreements for Federal Construction Projects.

Rulemaking That Tackles Climate Change

    FAR Case 2022-006, ``Sustainable Procurement,'' will implement 
requirements for the procurement of sustainable products and services 
per Executive Order 14057, Catalyzing Clean Energy Industries and Jobs 
Through Federal Sustainability, and Office of Management and Budget 
Memorandum M-22-06. The rule will also reorganize FAR part 23 for 
consistency and clarity.
    FAR Case 2021-015, ``Disclosure of Greenhouse Gas Emissions and 
Climate-Related Financial Risk,'' will consider requiring major Federal 
suppliers to publicly disclose greenhouse gas emissions and climate-
related financial risk, and to set science-based reductions targets per 
section 5(b)(i) of Executive Order 14030, ``Climate-Related Financial 
Risk.''
    FAR Case 2021-016, ``Minimizing the Risk of Climate Change in 
Federal Acquisitions,'' will consider amendments to ensure major agency 
procurements minimize the risk of climate change and require 
consideration of the social cost of greenhouse gas emissions in 
procurement decisions per section 5(b)(ii) of Executive Order 14030, 
``Climate-Related Financial Risk.''

Rulemaking That Advances Equity and Supports Underserved Communities

    FAR Case 2022-009, ``Certification of Service-Disabled Veteran-
Owned Small Businesses,'' will clarify the certification requirements 
for service-disabled veteran-owned small businesses (SDVOSB) following 
the transfer of the responsibility for SDVOSB certification from the 
Veterans Affairs to the Small Business Administration.
    FAR Case 2021-011, ``Past Performance Ratings for Small Business 
Joint Venture Members and Small Business First-Tier Subcontractors,'' 
will implement statute which requires contracting officers to consider 
the capabilities and past performance of first-tier subcontractors for 
bundled or consolidated contracts, and to consider the capabilities and 
past performance of first-tier subcontractors for multiple award 
contracts valued above the substantial bundling threshold. The rule 
will implement statute which provides two methods for small businesses 
to obtain past performance: (1) a small business may use the past 
performance of a joint venture of which it is a member, provided the 
small business worked on the joint venture's contract(s), or (2) a 
small business may use past performance it obtained as a first-tier 
subcontractor from a prime contractor when specifically identified 
under a subcontracting plan for the contract.
    FAR Case 2021-012, ``8(a) Program,'' will implement regulatory 
changes made to the 8(a) Business Development Program by the Small 
Business Administration, in its final rule published in the Federal 
Register on October 16, 2020, which provided clarifications on offer 
and acceptance,

[[Page 11178]]

certificate of competency and follow-on requirements.

Rulemakings That Improve Service Delivery and Customer Experience

    FAR Case 2019-015, ``Improving Consistency Between Procurement & 
Non-Procurement Procedures on Suspension and Debarment,'' will bring 
the procedures on suspension and debarment in the FAR into closer 
alignment with the Non-procurement Common Rule (NCR) procedures, 
creating a more consistent experience for industry.
    FAR Case 2021-001, ``Increased Efficiencies with Regard to 
Certified Mail, In-person Business, Mail, Notarization, Original 
Documents, Seals, and Signatures,'' will increase flexibilities and 
efficiencies regarding certified mail, in-person business, mail, 
notarization, original documents, seals, and signatures using digital 
and virtual technology.

Rulemakings That Support National Security

    FAR Case 2021-017, ``Cyber Threat and Incident Reporting and 
Information Sharing,'' will increase the sharing of information about 
cyber threats and incident information and require certain contractors 
to report cyber incidents to the Federal Government to facilitate 
effective cyber incident response and remediation per sections 2(b), 
(c), and (g)(i) of Executive Order 14028, ``Improving the Nation's 
Cybersecurity.''
    FAR Case 2021-019, ``Standardizing Cybersecurity Requirements for 
Unclassified Information Systems,'' will standardize cybersecurity 
contractual requirements across Federal agencies for unclassified 
information systems per sections 2(i) and 8(b) of Executive Order 
14028, Improving the Nation's Cybersecurity.
    FAR Case 2020-011, ``Implementation of Issued Exclusion and Removal 
Orders,'' will implement authorities authorized by section 2020 of the 
SECURE Technology Act for the Federal Acquisition Security Council 
(FASC), the Secretary of Homeland Security, the Secretary of Defense 
and the Director of National Intelligence to issue exclusion and 
removal orders. These exclusions and removal orders are issued to 
protect national security by excluding certain covered products, 
services, or sources from the Federal supply chain.

William F. Clark,

Director, Office of Government-wide Acquisition Policy, Office of 
Acquisition Policy, Office of Government-wide Policy.
BILLING CODE 6820-EP-P

CONSUMER PRODUCT SAFETY COMMISSION (CPSC)

Statement of Regulatory Priorities

    The U.S. Consumer Product Safety Commission is charged with 
protecting the public from unreasonable risks of death and injury 
associated with consumer products. To achieve this goal, CPSC, among 
other things:
     develops mandatory product safety standards or bans to 
address safety hazards, including where required by statute;
     obtains repairs, replacements, or refunds for defective 
products that present a substantial product hazard;
     develops information and education campaigns about the 
safety of consumer products;
     participates in the development or revision of voluntary 
product safety standards; and
     follows other statutory mandates.
    Unless otherwise directed by congressional mandate, when deciding 
which of these approaches to take in any specific case, CPSC gathers 
and analyzes data about the nature and extent of the risk presented by 
the product. The Commission's rules at 16 CFR 1009.8 require the 
Commission to consider the following criteria, among other factors, 
when deciding the level of priority for any particular project:
     the frequency and severity of injuries;
     the causality of injuries;
     chronic illness and future injuries;
     costs and benefits of Commission action;
     the unforeseen nature of the risk;
     the vulnerability of the population at risk;
     the probability of exposure to the hazard; and
     additional criteria that warrant Commission attention.

Significant Regulatory Actions

    Currently, the Commission is considering acting in the next 12 
months on three rules, Regulatory Options for Table Saws (RIN 3041-
AC31); Petition for Rulemaking to Eliminate Accessible Cords on Window 
Covering Products (RIN 3041-AD31); and Furniture Tip Overs: Clothing 
Storage Units (RIN 3041-AD65), which would constitute ``significant 
regulatory actions'' under the definition of that term in Executive 
Order 12866.

CPSC

Final Rule Stage

219. Regulatory Options for Table Saws [3041-AC31]

    Priority: Economically Significant. Major under 5 U.S.C. 801.
    Legal Authority: 5 U.S.C. 553(e); 15 U.S.C. 2051
    CFR Citation: 16 CFR 1245.
    Legal Deadline: None.
    Abstract: In 2006, the Commission granted a petition asking that 
the Commission issue a rule to prescribe performance standards for an 
active injury mitigation (AIM) system to reduce or prevent injuries 
from contacting the blade of a table saw. The Commission subsequently 
issued a notice of proposed rulemaking (NPRM) that would establish a 
performance standard requiring table saws to limit the depth of cut to 
3.5 millimeters when a test probe, acting as a surrogate for a human 
body/finger, contacts the table saw's spinning blade. Staff has 
conducted several studies to provide information for the rulemaking. 
Staff intends to submit a final rule briefing package to the Commission 
in fiscal year 2023.
    Statement of Need: In the NPRM, the Commission preliminarily 
determined that there is an unreasonable risk associated with blade-
contact injuries on table saws. Based on injury data reviewed in 2015, 
there were an estimated 33,400 table saw, emergency department treated 
injuries. Of these, staff estimated that 30,800 (92 percent) are likely 
related to the victim making contact with the saw blade. Of the 30,800 
ED treated blade-contact injuries, an estimated 28,900 injuries (93.8 
percent) involved the finger, with 4,700 amputations (15.2 percent).
    Alternatives: The Commission could (1) pursue table saw voluntary 
standard activities; (2) extend the effective dates of a possible rule; 
(3) exempt certain categories of table saws from the draft proposed 
rule; (4) limit the applicability of the performance requirements to 
some, but not all, tables saws; or (5) pursue an information and 
education campaign to inform the public of the hazards of blade contact 
and the benefits of the AIM technology.
    Anticipated Cost and Benefits: The expected gross benefits range 
from about $970 million to $2.45 billion over the product life of 1 
year of sales. The expected costs of the draft proposed rule will range 
from about $168 million to about $345 million annually. Based on 
staff's benefit and cost estimates, net benefits (i.e., benefits minus 
costs) for the market were estimated to amount to

[[Page 11179]]

about $625 million to $2.3 billion over the product life of 1 year of 
table saw sales.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Commission Decision to Grant           07/11/06
 Petition.
ANPRM...............................   10/11/11  76 FR 62678
Notice of Extension of Time for        12/02/11  76 FR 75504
 Comments.
Comment Period End..................   02/10/12
Notice to Reopen Comment Period.....   02/15/12  77 FR 8751
Reopened Comment Period End.........   03/16/12
Staff Sent NPRM Briefing Package to    01/17/17
 Commission.
Commission Decision.................   04/27/17
NPRM................................   05/12/17  82 FR 22190
NPRM Comment Period End.............   07/26/17
Public Hearing......................   08/09/17  82 FR 31035
Staff Sent 2016 NEISS Table Saw Type   08/15/17
 Study Status Report to Commission.
Staff Sent 2017 NEISS Table Saw        11/13/18
 Special Study to Commission.
Notice of Availability of 2017 NEISS   12/04/18  83 FR 62561
 Table Saw Special Study.
Staff Sends a Status Briefing          08/28/19
 Package on Table Saws to Commission.
Commission Decision.................   09/10/19
Staff Sends Final Rule Briefing        09/00/23
 Package to Commission.
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Small Entities Affected: Businesses.
    Government Levels Affected: Undetermined.
    Federalism: Undetermined.
    International Impacts: This regulatory action will be likely to 
have international trade and investment effects, or otherwise be of 
international interest.
    Agency Contact: Caroleene Paul, Project Manager, Directorate for 
Engineering Sciences, Consumer Product Safety Commission, National 
Product Testing and Evaluation Center, 5 Research Place, Rockville, MD 
20850, Phone: 301 987-2225, Email: [email protected].
    RIN: 3041-AC31

CPSC

220. Petition for Rulemaking To Eliminate Accessible Cords on Window 
Covering Products [3041-AD31]

    Priority: Economically Significant. Major under 5 U.S.C. 801.
    Legal Authority: 5 U.S.C. 553(e); 15 U.S.C 2056; 15 U.S.C. 2058; 15 
U.S.C. 2064(j)
    CFR Citation: 16 CFR 1260; 16 CFR 1120.
    Legal Deadline: None.
    Abstract: The Commission received a petition from a group of nine 
organizations representing consumer groups, safety consultants, and 
legal counsel. The petition requested that the Commission initiate 
proceedings to promulgate a mandatory standard to eliminate accessible 
cords on window covering products. The petition asserts that a 
mandatory rule is necessary because attempts to develop a voluntary 
standard that adequately mitigates the risk of injury associated with 
window covering cords have been unsuccessful. The Commission voted to 
accept CPSC staff's recommendation to approve the petition and 
subsequently issued an advance notice of proposed rulemaking (ANPRM) 
for corded window coverings. The ANPRM begins a rulemaking proceeding 
under the Consumer Product Safety Act (CPSA) to address the risk of 
strangulation to young children that is associated with corded window 
covering products. Staff sent two notices of proposed rulemaking 
(NPRMs) to the Commission for consideration in October 2021. The first 
NPRM, under section 15(j) of the CPSA, would amend 16 CFR part 1120 to 
add hazardous operating and inner cords on stock window coverings, and 
hazardous inner cords on custom window coverings, to the list of 
substantial product hazards. The listed cords would be required to 
comply with the 2018 voluntary standard for window covering cords or 
else be subject to denial of admission and/or corrective action. The 
second NPRM, under sections 7 and 9 of the CPSA, proposes that 
operating cords on custom window coverings meet the same requirements 
as operating cords on stock window coverings under the 2018 voluntary 
standard. The Commission voted in January 2022 to issue both proposed 
rules. The comment period ends on March 23, 2022. On March 16, 2022, 
the Commission held a hearing for the presentation of oral comments on 
the rule for operating cords on custom window coverings. On September 
28, 2022, staff submitted a final rule briefing package to the 
Commission.
    Statement of Need: This rule is necessary to address the 
unreasonable risk of strangulation to children 8 years old and younger 
on custom window coverings with accessible operating cords longer than 
8 inches.
    Anticipated Cost and Benefits: For the final rule under sections 7 
and 9 of the CPSA, using a value of statistical life (VSL) of 1, the 
aggregate benefits of the rule are estimated to be about $23 million 
annually; and the lowest cost of the rule is estimated to be about 
$54.4 million annually. However, increasing the VSL by a factor of 3, 
to estimate the loss of a child's life versus an adult's life, yields 
an estimated aggregate benefit of $68.7 million.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Petition Docketed...................   06/26/13
Notice for Comment Published in        07/15/13  78 FR 42026
 Federal Register.
Comment Period End..................   09/13/13
Staff Sends ANPR Briefing Package to   09/30/14
 Commission.
Commission Decision.................   10/08/14
ANPRM Published in the Federal         01/16/15  80 FR 2327
 Register.
Draft FR Notice to Commission to       03/10/15
 Extend ANPR Comment Period.
FR Notice Announcing Extension of      03/23/15  80 FR 15173
 Comment Period.
Comment Period Closed...............   06/01/15
NPRM Briefing Package to Commission.   10/06/21
Commission Decision.................   12/14/21
NPRM for Stock Window Coverings.....   01/07/22  87 FR 891
NPRM for Custom Window Coverings....   01/07/22  87 FR 1014

[[Page 11180]]

 
Draft FR Notice to Commission to       02/23/22
 Extend NPRM Comment Period.
Commission Decision Not To Extend      03/01/22
 Comment Period.
Hearing to Present Oral Comments on    03/16/22
 NPRM re Custom Window Coverings.
Staff Sends Final Rule Briefing        09/28/22
 Package to Commission.
Commission Decision.................   12/00/22
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Small Entities Affected: Businesses.
    Government Levels Affected: Undetermined.
    International Impacts: This regulatory action will be likely to 
have international trade and investment effects, or otherwise be of 
international interest.
    Agency Contact: Rana Balci-Sinha, Project Manager, Directorate for 
Engineering Sciences, Consumer Product Safety Commission, National 
Product Testing and Evaluation Center, 5 Research Place, Rockville, MD 
20850, Phone: 301 987-2584, Email: [email protected].
    RIN: 3041-AD31

CPSC

221. Furniture Tip Overs: Clothing Storage Units [3041-AD65]

    Priority: Economically Significant. Major under 5 U.S.C. 801.
    Legal Authority: 15 U.S.C. 2056; 15 U.S.C. 2058; 15 U.S.C. 2076(e)
    CFR Citation: Not Yet Determined.
    Legal Deadline: None.
    Abstract: Based on direction in the Fiscal Year 2016 Operating 
Plan, staff submitted a briefing package to the Commission in September 
2016, addressing furniture tip overs and focused, specifically, on 
clothing storage unit (CSU) tip overs. CPSC is aware of fatal and 
nonfatal incidents involving CSUs tipping over. The majority of 
incidents involve children. In November 2017, the Commission issued an 
advance notice of proposed rulemaking (ANPRM), seeking comments and 
initiating rulemaking under the Consumer Product Safety Act (15 U.S.C. 
2051-2089). In July 2021, staff submitted a notice of proposed 
rulemaking (NPRM) briefing package to the Commission. On January 19, 
2022, the Commission approved publication of an NPRM addressing CSU tip 
overs. The NPRM was published in the Federal Register on February 3, 
2022. The written comment period closes on April 19, 2022. On February 
9, 2022, the Commission received a request to extend the written 
comment period on the NPRM. On February 23, 2022, staff forwarded to 
the Commission a draft notice to extend the written comment period. On 
March 1, 2022, the Commission voted not to extend the written comment 
period. On February 16, 2022, staff submitted to the Commission a draft 
notice announcing the opportunity for interested parties to make oral 
comments on the NPRM. On February 23, 2022, the Commission voted to 
approve publication of the oral comment notice. The oral comment notice 
was published in the Federal Register on March 1, 2022, and the 
Commission held the hearing on April 6, 2022. After reviewing comments 
on the NPRM, staff submitted a final rule briefing package to the 
Commission on September 28, 2022.
    Statement of Need: This rule is necessary to address an 
unreasonable risk of injury and death, particularly to children, posed 
by clothing storage units tipping over.
    Anticipated Cost and Benefits: In the final rule regulatory 
evaluation, CPSC assessed expected benefits to be about $307.17 million 
annually and the expected costs to be about $250.90 million.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Staff Sent Briefing Package to         09/30/16
 Commission.
Staff Sent ANPRM Briefing Package to   11/15/17
 Commission.
Commission Decision on ANPRM........   11/21/17
ANPRM...............................   11/30/17  82 FR 56752
Comment Period Extended.............   01/17/18  83 FR 2382
Comment Period End..................   04/14/18
Staff Sent NPRM Briefing Package to    07/14/21
 Commission.
Commission Decision on NPRM.........   01/19/22
NPRM................................   02/03/22  87 FR 6246
Draft Notice of Oral Comment Hearing   02/16/22
 to Commission.
Commission Decision on Notice of       02/23/22
 Oral Comment Hearing.
Draft FR Notice to Commission to       02/23/22
 Extend NPRM Comment Period.
Commission Decision Not To Extend      03/01/22
 Comment Period.
Notice of Oral Comment Hearing......   03/01/22  87 FR 11366
Oral Comment Hearing................   04/06/22
End of NPRM Comment Period..........   04/19/22
Staff Sends Final Rule Briefing        09/28/22
 Package to Commission.
Commission Decision.................   12/00/22
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Small Entities Affected: Businesses.
    Government Levels Affected: None.
    Agency Contact: Kristen Talcott, Project Manager, Directorate for 
Engineering Sciences, Consumer Product Safety Commission, National 
Product Testing and Evaluation Center, 5 Research Place, Rockville, MD 
20850, Phone: 301 987-2311, Email: [email protected].
    RIN: 3041-AD65
BILLING CODE 6355-01-P

FEDERAL TRADE COMMISSION (FTC)

Statement of Regulatory Priorities (2022)

    The Federal Trade Commission is an independent agency charged with 
rooting out unfair methods of competition and unfair or deceptive acts 
or practices. Its mission is vital to the national interest because, 
when markets are fair and competitive, honest businesses and the public 
all benefit. The Commission is committed to deploying all its tools, 
including issuing new rules and updating old ones, to achieve its 
mission.

I. The Commission Is Using All Available Tools To Advance Its Missions

    In its 2021 Statement of Regulatory Priorities, the Commission 
explained

[[Page 11181]]

that it was considering initiating new rulemakings to advance its 
missions and respond to several changed circumstances and new 
developments.\1\ First, the Supreme Court's April 2021 AMG decision 
held that the Commission cannot use section 13(b) of the FTC Act to 
seek consumer redress in federal court.\2\ As the Supreme Court noted 
in AMG, however, consumer redress remains available for cases that 
involve a consumer-protection rule violation.\3\ Second, the 
Commission, after careful study, had streamlined its own Rules of 
Practice, conforming its processes to the requirements set out by 
Congress in section 18 of the FTC Act, which governs the promulgation, 
amendment, and repeal of consumer-protection rules.\4\ Third, the 
Commission, noting the limitations of case-by-case competition 
enforcement, committed to exploring the possibility of promulgating 
competition rules. These circumstances are all present in equal or 
greater force in 2022. Accordingly, the Commission and its staff have 
been hard at work studying the problems that rules can address, 
formulating rulemaking documents, reviewing public comments, and 
engaging with stakeholders.
---------------------------------------------------------------------------

    \1\ See Fed. Trade Comm'n, Statement of Regulatory Priorities 
(2021), https://www.reginfo.gov/public/jsp/eAgenda/StaticContent/202110/Statement_3084_FTC.pdf.
    \2\ See AMG Cap. Mgmt., LLC v. FTC, 141 S. Ct. 1341, 1352 
(2021). The Commission has called on Congress to restore its ability 
to seek disgorgement and restitution. The Consumer Protection and 
Recovery Act, which would fix the adverse court ruling and restore 
the Commission's powers, passed the U.S. House of Representatives on 
July 20, 2021. See Congress.gov, H.R. 2668--Consumer Protection and 
Recovery Act, https://www.congress.gov/bill/117th-congress/house-bill/2668/actions.
    \3\ See AMG Capital, 141 S. Ct. at 1352.
    \4\ See Fed. Trade Comm'n, Statement of the Commission Regarding 
the Adoption of Revised Section 18 Rulemaking Procedures (July 9, 
2021), https://www.ftc.gov/system/files/documents/public_statements/1591786/p210100commnstmtsec18rulesofpractice.pdf.
---------------------------------------------------------------------------

    As to consumer-protection rules, the Commission in the last year 
published three advance notices of proposed rulemaking (``ANPRs'') 
under its section 18 authority. First, in December 2021, the Commission 
published an ANPR focused on the impersonation of government and 
businesses, which could result in a rule that codifies the well-
established principle that impersonation scams are unlawful.\5\ This 
ANPR noted that the Commission expends significant resources combating 
impersonation fraud, with impersonation of government and businesses as 
two of the largest causes of consumer losses. Although some existing 
rules \6\ outlaw impersonation of government and businesses in specific 
contexts, many impersonation cases are brought only under the 
Commission's Section 5 authority, so a potential rule would make 
redress far more readily obtainable for consumers harmed by 
impersonation scams. Public comments in response to the ANPR were 
enthusiastic, including support from companies that scammers frequently 
impersonate, such as Apple and Microsoft, as well as a bipartisan 
coalition of 49 state attorneys general. Notably, no public comment 
opposed proceeding with the rulemaking. Based on this record, the 
Commission concluded that these forms of impersonation are prevalent 
and proposed a rule to prohibit the impersonation of government and 
businesses and the providing of means and instrumentalities for such 
impersonation.\7\
---------------------------------------------------------------------------

    \5\ See Fed. Trade Comm'n, ANPR--Impersonation of Government and 
Businesses, 87 FR 72901 (Dec. 23, 2021), https://www.federalregister.gov/documents/2021/12/23/2021-27731/trade-regulation-rule-on-impersonation-of-government-and-businesses.
    \6\ See, e.g., Telemarketing Sales Rule, 16 CFR 310.3(a)(2)(vii) 
(prohibiting misrepresentations with respect to a ``seller's or 
telemarketer's affiliation with, or endorsement or sponsorship by, 
any person or government entity'').
    \7\ See Press Release, Fed. Trade Comm'n, FTC Proposes New Rule 
to Combat Government and Business Impersonation Scams (Sept. 15, 
2022), https://www.ftc.gov/news-events/news/press-releases/2022/09/ftc-proposes-new-rule-combat-government-business-impersonation-scams.
---------------------------------------------------------------------------

    The second new consumer-protection rulemaking focused on unfair or 
deceptive earnings claims.\8\ As with impersonation scams, the 
Commission expends significant enforcement resources addressing 
misleading earnings claims, which are a persistent scourge to consumers 
and tend to flourish in times of economic distress in diverse forms. 
Enforcement cases have alleged ``misleading earnings claims were used 
to tout offers as diverse as coaching or mentoring, education, work-
from-home, ``gig'' work, and other job opportunities, multi-level 
marketing opportunities, franchise, e-commerce or other business 
opportunities, chain referral schemes, and other investment 
opportunities, as well as other types of business or money-making 
opportunities.'' \9\ The Commission noted that a potential rule could 
deter wrongdoing, aid consumers, and provide useful guidance to honest 
businesses.
---------------------------------------------------------------------------

    \8\ See Fed. Trade Comm'n, ANPR--Deceptive or Unfair Earnings 
Claims, 87 FR 13951 (Mar. 11, 2022), https://www.federalregister.gov/documents/2022/03/11/2022-04679/deceptive-or-unfair-earnings-claims.
    \9\ Id., 87 FR at 13953.
---------------------------------------------------------------------------

    The Commission's 2021 Statement of Regulatory Priorities 
specifically previewed the third new consumer-protection rulemaking 
proceeding:
    Among the many pressing issues consumers confront in the modern 
economy, the abuses stemming from surveillance-based business models 
are particularly alarming. The Commission is considering whether 
rulemaking in this area would be effective in curbing lax security 
practices, limiting intrusive surveillance, and ensuring that 
algorithmic decision-making does not result in unlawful 
discrimination.\10\
---------------------------------------------------------------------------

    \10\ 2021 Statement of Regulatory Priorities at 2.
---------------------------------------------------------------------------

    After careful consideration, the Commission published an ANPR 
focused on these issues, describing how Americans must routinely 
surrender their personal information to participate in basic aspects of 
modern life.\11\ The ANPR canvassed the Commission's decades-long 
effort to protect Americans' privacy through case-by-case enforcement, 
policy work, and implementation of sectoral privacy laws, concluding 
that rulemaking could be a useful addition to the effort. The 
Commission asked 95 questions to ascertain whether unfair or deceptive 
practices relating to commercial surveillance and data security are 
prevalent and whether proceeding with one or more proposed rules is 
worthwhile.
---------------------------------------------------------------------------

    \11\ See Fed. Trade Comm'n, ANPR--Commercial Surveillance and 
Data Security, 87 FR 51273 (Aug. 22, 2022), https://www.federalregister.gov/documents/2022/08/22/2022-17752/trade-regulation-rule-on-commercial-surveillance-and-data-security.
---------------------------------------------------------------------------

    A final new rulemaking initiated by the Commission concerns unfair 
and deceptive practices at auto dealerships.\12\ This notice of 
proposed rulemaking (NPRM) describes how acquiring an automobile is 
among the most expensive and important transactions for consumers and 
how a variety of unfair or deceptive practices can harm those 
consumers. After cataloguing the Commission's extensive law-enforcement 
experience with respect to auto dealerships, the NPRM notes that ``many 
of the problems observed in the motor vehicle marketplace persist in 
the face of repeated federal and state enforcement actions, suggesting 
the need for additional measures to deter deceptive and unfair 
practices.'' \13\ The NPRM

[[Page 11182]]

contains proposed rule text and a preliminary regulatory analysis of 
the anticipated costs and benefits of the proposed rule. The Commission 
sought comment on these general subjects as well as on 49 specific 
questions to inform the Commission's determination as to whether, and 
if so how, to finalize a rule.
---------------------------------------------------------------------------

    \12\ See Fed. Trade Comm'n, NPRM--Motor Vehicle Dealers, 87 FR 
42012 (July 13, 2022), https://www.federalregister.gov/documents/2022/07/13/2022-14214/motor-vehicle-dealers-trade-regulation-rule. 
Unlike the three other new rulemakings, which each began with an 
ANPR under section 18, the Commission wass authorized by a specific 
enactment of Congress to begin this rulemaking with an NPRM. See 12 
U.S.C. 5519(d).
    \13\ NPRM--Motor Vehicle Dealers, 87 FR at 42013.
---------------------------------------------------------------------------

    Updating existing rules to meet new challenges is another important 
part of the Commission's rulemaking work. A particularly noteworthy 
effort is potentially updating the Telemarketing Sales Rule (``TSR''). 
The Commission took two important actions on the TSR in 2022. First, 
the Commission published an NPRM that would, among other things, expand 
the TSR to cover misrepresentations made in business-to-business 
contexts and bolster recordkeeping requirements.\14\ Second, the 
Commission published a corollary ANPR that seeks ``comment on whether 
to repeal all exemptions regarding telemarketing calls to businesses 
and inbound telemarketing of computer technical support services, and 
whether the TSR should provide consumers additional protections for 
negative option products or services.'' \15\ These potential updates to 
the TSR, and proposed updates to other rules such as the Amplifier Rule 
\16\ and the Energy Labeling Rule,\17\ demonstrate that the Commission 
is committed to ensuring that its rules keep pace with changing 
technological and economic circumstances.
---------------------------------------------------------------------------

    \14\ See Fed. Trade Comm'n, NPRM--Telemarketing Sales Rule, 87 
FR 33677 (June 3, 2022), https://www.federalregister.gov/documents/2022/06/03/2022-09914/telemarketing-sales-rule.
    \15\ Fed. Trade Comm'n, ANPR--Telemarketing Sales Rule, 87 FR 
33662, 33662 (June 3, 2022).
    \16\ See Fed. Trade Comm'n, NPRM--Power Output Claims for 
Amplifiers Utilized in Home Entertainment Products, 87 FR 45047 
(July 27, 2022), https://www.federalregister.gov/documents/2022/07/27/2022-16071/trade-regulation-rule-relating-to-power-output-claims-for-amplifiers-utilized-in-home-entertainment.
    \17\ See Fed. Trade Comm'n, NPRM--Energy Labeling Rule, 87 FR 
31754 (May 25, 2022), https://www.federalregister.gov/documents/2022/05/25/2022-11126/energy-labeling-rule.
---------------------------------------------------------------------------

    The Commission's renewed use of its rulemaking authorities comes 
with a commitment to increase robust public participation at each step 
of the agency's rulemaking process. For example, the ANPR on commercial 
surveillance announced a well-attended virtual public forum, which 
began with a staff explanation of the ways in which the public can 
participate and concluded with hours of testimony from members of the 
public who signed up to speak.\18\ In a similar vein, the Commission 
published, in English and in Spanish, new plain-language guides to 
facilitate public participation in rulemakings, especially from 
communities and perspectives that have not always been able to 
participate.\19\ The Commission also accepted several petitions under 
its new process for public rulemaking petitions; \20\ each received a 
notice in the Federal Register \21\ and was posted for comment for 30 
days on https://www.regulations.gov.
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    \18\ See Fed. Trade Comm'n, Commercial Surveillance and Data 
Security Public Forum (Sept. 8, 2022), https://www.ftc.gov/news-events/events/2022/09/commercial-surveillance-data-security-anpr-public-forum.
    \19\ See Fed. Trade Comm'n, Public Participation in the 
Rulemaking Process, https://www.ftc.gov/enforcement/rulemaking/public-participation-rulemaking-process; Participaci[oacute]n 
P[uacute]blica en el Proceso de Reglamentaci[oacute]n de la FTC 
Conforme a la Secci[oacute]n 18, https://www.ftc.gov/es/participacion-publica-en-el-proceso-de-reglamentacion-de-la-ftc-conforme-la-seccion-18 (printable versions available in both 
languages).
    \20\ See 16 CFR 1.31.
    \21\ See Fed. Trade Comm'n, Notices of Petitions for Rulemaking 
from Randall David Marks, 86 FR 70062 (Dec. 9, 2021); Inst. for 
Pol'y Integrity, 86 FR 73207 (Dec. 27, 2021); Accountable Tech, 86 
FR 73206 (Dec. 27, 2021); NetChoice et al., 87 FR 12003 (Mar. 3, 
2022).
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    In the coming year, the Commission's consumer-protection rulemaking 
work will have much in common with the past year's: a continued focus 
on harmful and intractable practices that are prevalent, a continued 
commitment to furthering the Commission's ability to provide redress to 
harmed consumers and deter bad actors, and continued efforts to enable 
robust public participation and thoroughly and carefully consider the 
record evidence. New consumer-protection rulemakings the Commission 
recently initiated include one to address unfair or deceptive fees, 
such as mandatory fees added to the advertised price of a good or 
service during the course of a transaction, and another to address 
unfair or deceptive reviews and endorsements, such as fake reviews and 
seemingly independent endorsements that involve undisclosed 
relationships.
    As for its competition mission, the Commission in the past year has 
been actively exploring whether new rules that specify ``unfair methods 
of competition'' prohibited by Section 5 of the FTC Act would help 
achieve the agency's mission. In its most recent strategic plan, the 
Commission observed that ``[r]ules . . . inform businesses and their 
legal advisers about antitrust risks and can deter anticompetitive 
mergers and business practices'' and that promoting competition can 
benefit all market participants, including workers.\22\ Accordingly, 
the Commission is considering proposing a rule addressing non-compete 
clauses in the labor market.
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    \22\ Fed. Trade Comm'n, FTC Strategic Plan for Fiscal Years 2022 
to 2026, at 16 (Aug. 26, 2022), https://www.ftc.gov/system/files/ftc_gov/pdf/fy-2022-2026-ftc-strategic-plan.pdf. Other competition 
problems could also be addressed by new rules. Cf. Office of the 
President of the United States, Executive Order or Promoting 
Competition in the American Economy, section 5(h)(i)-(vii) (July 9, 
2021), https://www.whitehouse.gov/briefing-room/presidential-actions/2021/07/09/executive-order-on-promoting-competition-in-the-american-economy/.
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    In sum, the Commission has undertaken important rulemaking 
initiatives in the last year. In the next year, the Commission will 
focus on continuing to work on those initiatives. It will also continue 
seeking public input and learning from its law-enforcement, consumer-
education, market-monitoring, and other work to identify additional 
opportunities for new or improved rules to complement its other tools 
and the vital work of partner agencies and the states. Rulemakings can 
deliver important benefits to the public and honest businesses--and 
they are especially likely to do so with a robust rulemaking record and 
meaningful public engagement, so the Commission will continue to seek 
the views of all affected communities.

II. Updates on Ongoing Rulemakings

a. Periodic Regulatory Review Program

    In 1992, the Commission implemented a program to review its rules 
and guides on a regular basis. The Commission's review program is 
patterned after provisions in the Regulatory Flexibility Act, 5 U.S.C. 
601-612, and complies with the Small Business Regulatory Enforcement 
Fairness Act of 1996. The Commission's review program is also 
consistent with section 5(a) of Executive Order 12866, which directs 
executive branch agencies to reevaluate periodically all of their 
significant regulations.\23\ Under the Commission's program, rules and 
guides are typically reviewed on a 10-year schedule that results in 
more frequent reviews than are generally required by the Regulatory 
Flexibility Act. The public can obtain information on rules and guides 
under review and the Commission's regulatory review program generally 
at https://www.ftc.gov/enforcement/rules/retrospective-review-ftc-rules-guides.
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    \23\ 58 FR 51735 (Sept. 30, 1993).
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    The program provides an ongoing, systematic approach for obtaining 
information about the costs and benefits of rules and guides and 
whether there are changes that could minimize any adverse economic 
effects, not just a

[[Page 11183]]

``significant economic impact upon a substantial number of small 
entities.'' \24\
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    \24\ 5 U.S.C. 610.
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    As part of each review, the Commission requests public comment on, 
among other things, the economic impact and benefits of the rule; 
possible conflict between the rule and state, local, or other federal 
laws or regulations; and the effect on the rule of any technological, 
economic, or other industry changes. Reviews may lead to the revision 
or rescission of rules and guides to ensure that the Commission's 
consumer protection and competition goals are achieved efficiently. 
Pursuant to this program, the Commission has rescinded 40 rules and 
guides promulgated under the FTC's general authority and updated dozens 
of other rules and guides since the program's inception.
(1) Newly Initiated and Upcoming Periodic Reviews of Rules and Guides
    On August 5, 2022, the Commission issued an updated ten-year review 
schedule.\25\ Since the publication of the 2021 Regulatory Plan, the 
Commission has initiated or announced plans to initiate periodic 
reviews of the following rules and guides:
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    \25\ Fed. Trade Comm'n, Regulatory Review Schedule, 87 FR 47947 
(Aug. 5, 2022), https://www.federalregister.gov/documents/2022/08/05/2022-16863/regulatory-review-schedule.
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    Business Opportunity Rule, 16 CFR part 437. On November 25, 2022, 
the Commission initiated periodic review of the Business Opportunity 
Rule as part of the Commission's systematic review of all current 
Commission rules and guides.\26\ The Commission is seeking comments on, 
among other things, the economic impact, and benefits of this rule; 
possible conflict between the rule and State, local, or other Federal 
laws or regulations; and the effect on the rule of any technological, 
economic, or other industry changes. The comment period will close on 
January 24, 2023. Effective in 2012, the Rule requires business-
opportunity sellers to furnish prospective purchasers a disclosure 
document that provides information regarding the seller, the seller's 
business, and the nature of the proposed business opportunity, as well 
as additional information to substantiate any claims about actual or 
potential sales, income, or profits for a prospective business-
opportunity purchaser. The seller must also preserve information that 
forms a reasonable basis for such claims.
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    \26\ 87 FR 72428 (Nov. 25, 2022).
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    Alternative Fuels Rule, 16 CFR part 309. During 2023, as part of 
the systematic review of all Commission rules, the Commission plans to 
initiate a periodic review of the Alternative Fuels Rule (formally 
``Labeling Requirements for Alternative Fuels and Alternative-Fueled 
Vehicles'') by publishing a notice seeking public comments on the 
effectiveness and impact of the Rule.
    Cooling-Off Rule, 16 CFR part 429. During 2023, as part of the 
systematic review of all Commission rules, the Commission plans to 
initiate a periodic review of the Cooling-Off Rule (formally ``Trade 
Regulation Rule Concerning Cooling-Off Period for Sales Made at Homes 
or at Certain Other Locations'') by publishing a notice seeking public 
comments on the effectiveness and impact of the Rule. Most recently, on 
January 9, 2015, the Commission amended the Cooling-Off Rule by 
increasing the exclusionary limit for all door-to-door sales at 
locations other than a buyer's residence from $25 up to $130.\27\ Under 
that final rule, the revised definition of door-to-door sale now 
distinguishes between sales at a buyer's residence and those at other 
locations. The revised definition retained coverage for sales made at a 
buyer's residence that have a purchase price of $25 or more. The final 
rule amendment was effective on March 13, 2015.
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    \27\ 80 FR 1329 (Jan. 9, 2015).
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    Guides. During the calendar year of 2022, the Commission plans to 
initiate periodic review of the Guides for the Use of Environmental 
Marketing Claims, 16 CFR part 260. During 2023, the Commission plans to 
initiate periodic review of the Guides for Private Vocational and 
Distance Education Schools, 16 CFR part 254.
(2) Ongoing Periodic Reviews of Rules and Guides
    The following proceedings for the retrospective review of 
Commission rules and guides described in the 2021 Regulatory Plan are 
ongoing:
    Hart-Scott-Rodino Antitrust Improvements Act Coverage, Exemption, 
and Transmittal Rules, 16 CFR parts 801-803. On December 1, 2020, the 
Commission initiated the periodic review of the Hart-Scott-Rodino 
Antitrust Improvements Act Coverage, Exemption, and Transmittal Rules 
(``HSR Rules'') as part of the Commission's systematic review of all 
current Commission rules and guides.\28\ The comment period closed on 
February 1, 2021, and staff has been reviewing the comments. The HSR 
Rules and the Antitrust Improvements Act Notification and Report Form 
(``HSR Form'') were adopted pursuant to section 7(A) of the Clayton 
Act, which requires firms of a certain size contemplating mergers, 
acquisitions, or other transactions of a specified size to file 
notification with the FTC and the DOJ and to wait a designated period 
of time before consummating the transaction. By December 2022, staff 
anticipates sending the Commission a recommendation for a proposed rule 
on substantive HSR Form changes. By June 2023, staff anticipates that 
the Commission will issue a final rule to update the HSR Form and 
Instructions to the new cloud-based, e-filing system, which will 
eliminate paper filings.
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    \28\ 85 FR 77042 (Dec. 1, 2020).
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    Children's Online Privacy Protection Rule, 16 CFR part 312. On July 
25, 2019, the Commission issued a request for public comment on its 
Children's Online Privacy Protection Rule (``COPPA Rule'').\29\ 
Although the Commission's last COPPA Rule review ended in 2013, the 
Commission initiated this review early in light of changes in the 
marketplace. Following an extension, the public comment period closed 
on December 9, 2019.\30\ The FTC sought comment on all major provisions 
of the COPPA Rule, including its definitions, notice and parental-
consent requirements, exceptions to verifiable parental consent, and 
safe-harbor provision. The FTC hosted a public workshop to address 
issues raised during the review of the COPPA Rule on October 7, 2019. 
Staff is analyzing and reviewing public comments.
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    \29\ 84 FR 35842 (July 25, 2019).
    \30\ 84 FR 56391 (Oct. 22, 2019).
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    Endorsement Guides, 16 CFR part 255. On February 21, 2020, the 
Commission initiated a periodic review of the Endorsement Guides.\31\ 
The comment period, as extended, closed on June 22, 2020.\32\ On July 
26, 2022, the Commission sough public comments on proposed changes to 
the Guides.\33\ The comment period closed on September 26, 2022. FTC 
staff is currently reviewing the comments received. The Guides are 
designed to assist businesses and others in conforming their 
endorsement and testimonial advertising practices to the requirements 
of the FTC Act. Among other things, the Endorsement Guides provide that 
if there is a connection between an endorser and the marketer that 
consumers would not expect and it would affect how consumers evaluate 
the endorsement, that connection should be disclosed. The advertiser 
must also possess and rely on adequate

[[Page 11184]]

substantiation to support claims made through endorsements in the same 
manner the advertiser would be required to do if it had made the 
representation directly.
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    \31\ 85 FR 10104 (Feb. 21, 2020).
    \32\ 85 FR 19709 (Apr. 8, 2020).
    \33\ 87 FR 44288 (July 26, 2022).
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    Franchise Rule, 16 CFR part 436. On March 15, 2019, the Commission 
initiated periodic review of the Franchise Rule (officially 
``Disclosure Requirements and Prohibitions Concerning 
Franchising'').\34\ The comment period closed on April 21, 2019. The 
Commission then held a public workshop on November 10, 2020. The 
closing date for written comments related to the issues discussed at 
the workshop was December 17, 2020.\35\ Staff continues to evaluate the 
record and anticipates sending a recommendation to the Commission by 
June 2023. The Rule is intended to give prospective purchasers of 
franchises the material information they need to weigh the risks and 
benefits of such an investment. The Rule requires franchisors to 
provide all potential franchisees with a disclosure document containing 
23 specific items of information about the offered franchise, its 
officers, and other franchisees. Required disclosure topics include, 
for example, the franchise's litigation history; past and current 
franchisees and their contact information; any exclusive territory that 
comes with the franchise; assistance the franchisor provides 
franchisees; and the cost of purchasing and starting up a franchise.
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    \34\ 84 FR 9051 (Mar. 13, 2019).
    \35\ 85 FR 55850 (Sept. 10, 2020).
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    Health Breach Notification Rule, 16 CFR part 318. On May 22, 2020, 
the Commission initiated a periodic review of the Health Breach 
Notification Rule.\36\ The comment period closed on August 20, 2020. 
Commission staff has reviewed the comments and intends to submit a 
recommendation to the Commission by December 2022. The Rule requires 
vendors of personal health records (PHR) and PHR-related entities to 
provide: (1) notice to consumers whose unsecured personally 
identifiable health information has been breached; and (2) notice to 
the Commission. Under the Rule, vendors must notify both the FTC and 
affected consumers whose information has been affected by a breach 
``without unreasonable delay and in no case later than 60 calendar 
days'' after discovery of a data breach. Among other information, the 
notices must provide consumers with steps they can take to protect 
themselves from harm.
---------------------------------------------------------------------------

    \36\ 85 FR 31085 (May 22, 2020).
---------------------------------------------------------------------------

    Identity Theft Rules, 16 CFR part 681. In December 2018, the 
Commission initiated a periodic review of the Identity Theft Rules, 
which include the Red Flags Rule and the Card Issuer Rule.\37\ FTC 
staff is reviewing the comments received and anticipates sending a 
recommendation to the Commission by December 2023. The Red Flags Rule 
requires financial institutions and creditors to develop and implement 
a written identity theft prevention program (a ``Red Flags Program''). 
By identifying red flags for identity theft in advance, businesses can 
be better equipped to spot suspicious patterns that may arise and take 
steps to prevent potential problems from escalating into a costly 
episode of identity theft. The Card Issuer Rule requires credit and 
debit card issuers to implement reasonable policies and procedures to 
assess the validity of a change of address if they receive notification 
of a change of address for a consumer's debit or credit card account 
and, within a short period of time afterwards, also receive a request 
for an additional or replacement card for the same account.
---------------------------------------------------------------------------

    \37\ 83 FR 63604 (Dec. 11, 2018).
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    Leather Guides, 16 CFR part 24. On March 6, 2019, the Commission 
initiated periodic review of the Leather Guides, formally known as the 
Guides for Select Leather and Imitation Leather Products.\38\ The 
comment period closed on April 22, 2019, and staff anticipates 
submitting a recommendation for further action to the Commission during 
2023. The Leather Guides apply to the manufacture, sale, distribution, 
marketing, or advertising of leather or simulated leather purses, 
luggage, wallets, footwear, and other similar products. The Guides 
address misrepresentations regarding the composition and 
characteristics of specific leather and imitation leather products.
---------------------------------------------------------------------------

    \38\ 84 FR 8045 (Mar. 6, 2019).
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    Negative Option Rule, 16 CFR part 425. On October 2, 2019, the 
Commission issued an Advance Notice of Proposed Rulemaking seeking 
public comment on the effectiveness and impact of the Trade Regulation 
Rule on Use of Prenotification Negative Option Plans (Negative Option 
Rule).\39\ The Negative Option Rule helps consumers avoid recurring 
payments for products and services they did not intend to order and to 
allow them to cancel such payments without unwarranted obstacles. The 
Commission is studying various options, but the next expected action is 
undetermined.
---------------------------------------------------------------------------

    \39\ 84 FR 52393 (Oct. 2, 2019).
---------------------------------------------------------------------------

    Eyeglass Rule, 16 CFR part 456. As part of the systematic review 
process, the Commission issued a Federal Register notice seeking public 
comments about the Trade Regulation Rule on Ophthalmic Practice Rules 
(``Eyeglass Rule'') on September 3, 2015.\40\ The comment period closed 
on October 26, 2015. Commission staff has completed the review of 831 
comments on the Eyeglass Rule and anticipates sending a recommendation 
for further Commission action by late 2022. The Eyeglass Rule requires 
that an optometrist or ophthalmologist give the patient, at no extra 
cost, a copy of the eyeglass prescription immediately after the 
examination is completed. The Rule also prohibits optometrists and 
ophthalmologists from conditioning the availability of an eye 
examination, as defined by the Rule, on a requirement that the patient 
agree to purchase ophthalmic goods from the optometrist or 
ophthalmologist.
---------------------------------------------------------------------------

    \40\ 80 FR 53274 (Sept. 3, 2015).
---------------------------------------------------------------------------

b. Proposed Rules
    Since the publication of the 2021 Regulatory Plan, the Commission 
has initiated or plans to take further steps as described below in the 
following rulemaking proceedings:
    Energy Labeling Rule, 16 CFR part 305. The Energy Labeling Rule 
requires energy labeling for major home appliances and other consumer 
products to help consumers compare the energy usage and costs of 
competing models. On October 25, 2022, the Commission issued an Advance 
Notice of Proposed Rulemaking that seeks public comment on potential 
amendments to the Rule, including energy labels for several new 
consumer product categories, other possible amendments to improve the 
Rule's effectiveness, and reducing unnecessary burdens.\41\
---------------------------------------------------------------------------

    \41\ 87 FR 64399 (Oct. 25, 2022). See also II(c), Final Actions, 
below for information about two separate completed rulemaking 
proceedings for the Energy Labeling Rule.
---------------------------------------------------------------------------

    Power Output Claims for Amplifiers Utilized in Home Entertainment 
Products, 16 CFR part 432. On December 18, 2020, the Commission 
initiated periodic review of the Amplifier Rule (officially ``Power 
Output Claims for Amplifiers Utilized in Home Entertainment Products 
Rule'').\42\ The Commission sought comments on, among other things, the 
economic impact, and benefits of this Rule; possible conflict between 
the Rule and State, local, or other Federal laws or regulations; and 
the effect on the Rule of any technological, economic, or other 
industry changes. The Amplifier Rule establishes uniform test standards 
and disclosures so that consumers can make

[[Page 11185]]

more meaningful comparisons of amplifier-equipment performance 
attributes. On July 27, 2022, the Commission sought public comment on a 
proposal to amend the Rule to require sellers making power-related 
claims to calculate power output using uniform testing methods to allow 
consumers to easily compare amplifier sound quality.\43\ Additionally, 
for multichannel home theater amplifiers the Commission sought comment 
about how to set test conditions to reflect typical consumer use. The 
comment period closed on September 26, 2022, and staff is reviewing the 
comments.
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    \42\ 85 FR 82391 (Dec. 18, 2020).
    \43\ 87 FR 45047 (July 27, 2022).
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    Safeguards Rule (Standards for Safeguarding Customer Information), 
16 CFR part 314. On December 9, 2021, the Commission amended the 
Safeguards Rule issued a final rule that provides additional 
requirements for financial institutions' information security 
programs.\44\ The final rule also expands the definition of ``financial 
institution'' to include entities that are significantly engaged in 
activities that are incidental to financial activities, so that the 
rules would cover ``finders'' for example, companies that serve as lead 
generators for payday loan companies or mortgage companies. This rule 
was effective January 10, 2022, except that the provisions set forth in 
section 314.5 are applicable beginning June 9, 2023.\45\
---------------------------------------------------------------------------

    \44\ 86 FR 70272 (Dec. 9, 2021).
    \45\ See II(b), Proposed Rules, above for information about a 
separate and ongoing rulemaking under the Safeguards Rule.
---------------------------------------------------------------------------

    Telemarketing Sales Rule, 16 CFR part 310. On August 11, 2014, the 
Commission initiated a periodic review of the Telemarketing Sales Rule 
(``TSR'').\44\ The comment period as extended closed on November 13, 
2014.\45\ On June 3, 2022, the Commission issued a Notice of Proposed 
Rulemaking seeking public comment on proposed amendments to the 
TSR.\46\ The proposed amendments would require telemarketers and 
sellers to maintain additional records of their telemarketing 
transactions, prohibit material misrepresentations and false or 
misleading statements in business-to-business telemarketing 
transactions, and add a new definition for the term ``previous donor.'' 
The comment period closed on August 2, 2022, and the Commission has 
received 25 comments to date. Also on June 3, 2022, the Commission 
issued an Advance Notice of Proposed Rulemaking seeking public comment 
on whether the TSR should continue to exempt telemarketing calls to 
businesses, whether the TSR should require a notice and cancellation 
mechanism with negative option sales, and whether to extend the TSR to 
apply to telemarketing calls that consumers initiate to a telemarketer 
(i.e., inbound telemarketing calls) regarding computer technical 
support services.\47\ The comment period closed on August 2, 2022, and 
the Commission has received 22 comments to date. Staff is reviewing the 
comments and will provide a recommendation to the Commission regarding 
both rulemakings by spring 2023.
---------------------------------------------------------------------------

    \44\ 79 FR 46732 (Aug. 11, 2014).
    \45\ 79 FR 61267 (Oct. 10, 2014).
    \46\ 87 FR 33677 (June 3, 2022).
    \47\ 87 FR 33662 (June 3, 2022).
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    Motor Vehicle Dealers Trade Regulation Rule, 16 CFR part 463. On 
July 13, 2022, the Commission issued a Notice of Proposed Rulemaking 
soliciting public comment on a proposed Rule regarding unfair or 
deceptive acts or practices under its authority with respect to motor 
vehicle dealers described in section 1029(d) of the Dodd-Frank Wall 
Street Reform and Consumer Protection Act, Public Law 111-203.\48\ The 
proposed rule would prohibit motor vehicle dealers from making certain 
misrepresentations in the course of selling, leasing, or arranging 
financing for motor vehicles, require accurate pricing disclosures in 
dealers' advertising and sales discussions, require dealers to obtain 
consumers' express, informed consent for charges, prohibit the sale of 
any add-on product or service that confers no benefit to the consumer, 
and require dealers to keep records of advertisements and customer 
transactions. The public comment period closed on September 12, 2022. 
The staff is reviewing the public comments.
---------------------------------------------------------------------------

    \48\ 87 FR 42012 (July 13, 2022).
---------------------------------------------------------------------------

    Trade Regulation Rule on Impersonation of Government and 
Businesses, 16 CFR part 461. On October 17, 2022, the Commission issued 
a Notice of Proposed Rulemaking to address certain deceptive or unfair 
acts or practices of impersonation of government and business 
officials.\49\ The public comment period will close on December 16, 
2022, and staff will review the comments before making a recommendation 
as to next steps.
---------------------------------------------------------------------------

    \49\ 87 FR 62741 (Oct. 17, 2022).
---------------------------------------------------------------------------

    Earnings Claims Trade Regulation Rule, 16 CFR part 462. On March 
11, 2022, the Federal Trade Commission (FTC or Commission) issued an 
Advance Notice of Proposed Rulemaking seeking public comment about a 
proposed rule to address deceptive or unfair marketing using earnings 
claims.\50\ The comment period closed on May 10, 2022, and staff is 
reviewing the comments.
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    \50\ 87 FR 13951 (Mar. 11, 2022).
---------------------------------------------------------------------------

    Trade Regulation Rule on Commercial Surveillance, 16 CFR part 
undetermined. On August 22, 2022, the Commission initiated an Advance 
Notice of Proposed Rulemaking (ANPR) under section 18 of the FTC Act to 
limit privacy abuses, curb lax security practices, and ensure that 
algorithmic decision-making does not result in unlawful 
discrimination.\51\ The Commission sought public comment on whether new 
rules are needed to protect people's privacy and information in the 
commercial surveillance economy. On September 8, 2022, the Commission 
hosted a public forum regarding its ANPR on commercial surveillance and 
data security practices that harm consumers and competition. The public 
forum included panel discussions and members of the public provided 
remarks. The ANPR's extended public comment period closed on November 
21, 2022.\52\ Staff is reviewing the public comments.
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    \51\ 87 FR 51273 (Aug. 22, 2022).
    \52\ 87 FR 63738 (Oct. 20, 2022).
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    Funeral Rule, 16 CFR part 453. On February 14, 2020, the Commission 
initiated a periodic review of the Funeral Industry Practices Rule 
(Funeral Rule).\53\ The comment period as extended closed on June 15, 
2020.\54\ Commission staff is reviewing the comments received and 
anticipates submitting a recommendation for further action to the 
Commission in fall 2022. The Funeral Rule, which became effective in 
1984, requires sellers of funeral goods and services to give price 
lists to consumers who visit or call a funeral home. On November 2, 
2022, the Commission issued an Advance Notice of Proposed Rulemaking 
seeking comment on potential updates to modernize the Funeral Rule, 
including improvements to the public accessibility of funeral home 
price information.\55\ The comment period will close on January 3, 
2023. The Commission also issued a staff report that summarizes the 
results of their review of almost 200 funeral provider websites.\56\
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    \53\ 85 FR 8490 (Feb. 14, 2020).
    \54\ 85 FR 20453 (Apr. 13, 2020).
    \55\ 87 FR 66096 (Nov. 2, 2022).
    \56\ See Fed. Trade Comm'n, FTC Seeks to Improve the American 
Public's Access to Funeral Service Prices Online (Oct. 20, 2022), 
https://www.ftc.gov/news-events/news/press-releases/2022/10/ftc-seeks-improve-american-publics-access-funeral-service-prices-online.
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    Unfair or Deceptive Fees Trade Regulation Rule, 16 CFR part 464. On 
November 8, 2022, the Commission

[[Page 11186]]

issued an Advance Notice of Proposed Rulemaking to address certain 
deceptive or unfair acts or practices related to fees.\57\ The public 
comment period will close on January 9, 2023, and staff will review the 
comments before making a recommendation as to next steps.
---------------------------------------------------------------------------

    \57\ 87 FR 67413 (Nov. 8, 2022); see also Fed. Trade Comm'n, 
Federal Trade Commission Explores Rule Cracking Down on Junk Fees 
(Oct. 20, 2022), https://www.ftc.gov/news-events/news/press-releases/2022/10/federal-trade-commission-explores-rule-cracking-down-junk-fees.
---------------------------------------------------------------------------

    Trade Regulation Rule on the Use of Reviews and Endorsements, 16 
CFR part 465. On November 8, 2022, the Commission issued an Advance 
Notice of Proposed Rulemaking to address certain deceptive or unfair 
acts or practices concerning reviews and endorsements.\58\ The public 
comment period will close January 9, 2023, and staff will review the 
comments before making a recommendation as to next steps.
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    \58\ 87 FR 67424 (Nov. 8, 2022); see also Fed. Trade Comm'n, 
Federal Trade Commission to Explore Rulemaking to Combat Fake 
Reviews and Other Deceptive Endorsements (Oct. 20, 2022), https://www.ftc.gov/news-events/news/press-releases/2022/10/ftc-explore-rulemaking-combat-fake-reviews-other-deceptive-endorsements.
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c. Final Actions
    Since the publication of the 2021 Regulatory Plan, the Commission 
has issued the following final agency actions in rulemaking 
proceedings:
    Privacy of Consumer Financial Information Rule, 16 CFR part 313. 
The Privacy of Consumer Financial Information Rule (Privacy Rule) 
requires, among other things, that certain motor vehicle dealers 
provide an annual disclosure of their privacy policies to their 
customers by hand delivery, mail, electronic delivery, or through a 
website, but only with the consent of the consumer. Congress enacted 
the Fixing America's Surface Transportation Act (FAST Act) which 
included a provision amending the Gramm-Leach-Bliley Act to create a 
new exception to the annual notice requirement. On April 4, 2019, the 
Commission issued a Notice of Proposed Rulemaking to revise the Rule's 
scope, to modify the Rule's definitions of ``financial institution'' 
and ``federal functional regulator,'' and to update the Rule's annual 
customer privacy notice requirement.\59\ The proposed update would 
remove certain examples in the Rule that apply to financial 
institutions that now fall outside the scope of the Commission's Rule. 
These changes were intended to conform the Rule to the current 
requirements of the Gramm-Leach-Bliley Act, as amended by the Dodd-
Frank Act and the FAST Act. The public comment period closed on June 3, 
2019. On December 9, 2021, the Commission issued a final rule to, among 
other changes, revise the Rule's scope, modify the Rule's definitions 
of ``financial institution'' and ``federal financial regulator,'' and 
update the Rule's annual customer privacy notice requirement.\60\ This 
action was necessary to conform the Rule to the current requirements of 
the Gramm-Leach-Bliley Act. The amendments were effective on January 
10, 2022.
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    \59\ 84 FR 13150 (Apr. 4, 2019).
    \60\ 86 FR 70020 (Dec. 9, 2021).
---------------------------------------------------------------------------

    Safeguards Rule (Standards for Safeguarding Customer Information), 
16 CFR part 314. On December 9, 2021, the Commission issued a final 
rule amending the Safeguards Rule by providing additional requirements 
for financial institutions' information security programs.\61\ The 
final rule also expands the definition of ``financial institution'' to 
include entities that are significantly engaged in activities that are 
incidental to financial activities, so that the rules would cover 
``finders'' for example, companies that serve as lead generators for 
payday loan companies or mortgage companies. This rule was effective 
January 10, 2022, except that the provisions set forth in section 314.5 
are applicable beginning June 9, 2022.\62\
---------------------------------------------------------------------------

    \61\ 86 FR 70272 (Dec. 9, 2021).
    \62\ 87 FR 71509 (Nov. 23, 2022); also see II(b), Proposed 
Rules, above for information about a separate and ongoing rulemaking 
under the Safeguards Rule.
---------------------------------------------------------------------------

    Energy Labeling Rule, 16 CFR part 305. On June 2, 2021, the 
Commission proposed updates to comparability ranges and sample labels 
for central air conditioners.\63\ The comment period closed on August 
2, 2021. On October 20, 2021, the Commission issued a final rule 
updating the comparability ranges and sample labels for central air 
conditioners.\64\ The amendments are effective on January 1, 2023. On 
May 25, 2022, the Commission sought public comments on proposed updates 
to the Rule which would allow consumers to compare the estimated annual 
energy consumption more accurately for appliances before they buy 
them.\65\ The Rule requires the Commission to revise the comparability 
ranges and associated energy costs every five years for certain 
EnergyGuide labels. The Commission's Notice of Proposed Rulemaking 
sought comments on scheduled updates to the comparability ranges that 
were last revised in 2017. The public comment period closed on July 11, 
2022. On October 12, 2022, the Commission issued a final rule updating 
the comparability ranges.\66\ The amendments are effective on January 
10, 2023, with the exception of amendatory instructions 9 (appendix E1) 
and 15 (appendix L), which are effective on October 1, 2023.\67\
---------------------------------------------------------------------------

    \63\ 86 FR 29533 (June 2, 2021).
    \64\ 86 FR 57985 (Oct. 20, 2021).
    \65\ 87 FR 31754 (May 25, 2022).
    \66\ 87 FR 61465 (Oct. 12, 2022).
    \67\ See II(b), Proposed Rules, above for information about a 
separate and pending rulemaking proceeding under the Energy Labeling 
Rule.
---------------------------------------------------------------------------

d. Significant Regulatory Actions
    The Commission has one proposed rule that would be a ``significant 
regulatory action'' under the definition in section 3(f) of Executive 
Order 12866, which is the Motor Vehicle Dealers Trade Regulation Rule 
discussed above. In the Notice of Proposed Rulemaking that contains the 
rule's proposed text, the Commission explored at length its regulatory 
objectives in initiating the rulemaking, the reasonable alternatives 
also under consideration, and the anticipated costs and benefits of the 
proposed rule and its alternatives.\68\ The preliminary regulatory 
analysis concluded that the proposed rule would likely deliver 
significantly more benefits than it would impose costs, namely that it 
would produce net economic benefit of more than $29 billion over ten 
years. The Commission also requested comments on these issues and will 
carefully evaluate all evidence in the rulemaking record before 
determining whether to issue a final rule and if so in what form.
---------------------------------------------------------------------------

    \68\ See 87 FR 42031-44 (July 13, 2022).
---------------------------------------------------------------------------

    The Commission has no proposed rule that would have significant 
international impacts, or any international regulatory cooperation 
activities that are reasonably anticipated to lead to significant 
regulations, as defined in Executive Order 13609.

Summary

    The actions under consideration advance the Commission's mission by 
informing and protecting consumers while minimizing burdens on honest 
businesses. The Commission continues to identify and weigh the costs 
and benefits of proposed regulatory actions and possible alternative 
actions.
BILLING CODE 6750-01-P

NATIONAL INDIAN GAMING COMMISSION (NIGC)

Statement of Regulatory Priorities

    In 1988, Congress adopted the Indian Gaming Regulatory Act (IGRA) 
(Pub. L. 100-497, 102 Stat. 2475) with a primary

[[Page 11187]]

purpose of providing ``a statutory basis for the operation of gaming by 
Indian tribes as a means of promoting tribal economic development, 
self-sufficiency, and strong tribal governments.'' IGRA established the 
National Indian Gaming Commission (NIGC or the Commission) to protect 
such gaming, amongst other things, as a means of generating tribal 
revenue for strengthening tribal governance and tribal communities.
    At its core, Indian gaming is a function of sovereignty exercised 
by tribal governments. In addition, the Federal government maintains a 
government-to-government relationship with the tribes--a responsibility 
of the NIGC. Thus, while the Agency is committed to strong regulation 
of Indian gaming, the Commission is equally committed to strengthening 
government-to-government relations by engaging in meaningful 
consultation with tribes to fulfill IGRA's intent. The NIGC's vision is 
to adhere to principles of good government, including transparency to 
promote agency accountability and fiscal responsibility, to operate 
consistently to ensure fairness and clarity in the administration of 
IGRA, and to respect the responsibilities of each sovereign in order to 
fully promote tribal economic development, self-sufficiency, a strong 
workforce, and strong tribal governments.

Retrospective Review of Existing Regulations

    As an independent regulatory agency, the NIGC has been performing a 
retrospective review of its existing regulations. The NIGC recognizes 
the importance of Executive Order 13563, issued on January 18, 2011, 
and its regulatory review is being conducted in the spirit of Executive 
Order 13563, to identify those regulations that may be outmoded, 
ineffective, insufficient, or excessively burdensome and to modify, 
streamline, expand, or repeal them in accordance with input from the 
public. In addition, as required by Executive Order 13175, issued on 
November 6, 2000, the Commission has been conducting government-to-
government consultations with tribes regarding each regulation's 
relevancy, consistency in application, and limitations or barriers to 
implementation, based on the tribes' experiences. The consultation 
process is also intended to result in the identification of areas for 
improvement and needed amendments, if any, new regulations, and the 
possible repeal of outdated regulations.
    The following Regulatory Identifier Numbers (RINs) have been 
identified as associated with the review:

------------------------------------------------------------------------
           RIN                                 Title
------------------------------------------------------------------------
3141-AA32................  Definitions.
3141-AA58................  Management Contracts.
3141-AA68................  Audit Regulations.
3141-AA69................  Class II Minimum Technical Standards.
3141-AA70................  Class II Minimum Internal Control Standards.
3141-AA71................  Background and Licensing.
3141-AA72................  Self-Regulation of Gaming Activities.
3141-AA73................  Gaming Ordinance Submission Requirements.
3141-AA74................  Substantial Violations List.
3141-AA75................  Appeals to Commission.
3141-AA76................  Facility License Notifications and
                            Submissions.
3141-AA77................  Fees.
3141-AA78................  Annual Adjustment of Civil Monetary Penalties
                            for Inflation 2022.
3141-AA79................  Suspensions of Gaming Licenses for Key
                            Employees and Primary Management Officials.
3141-AA80................  Fee Rate Assessment, Reporting, and
                            Calculation Guidelines for Self Regulated
                            Tribes.
3141-AA81................  Orders of Temporary Closure.
------------------------------------------------------------------------

    More specifically, the NIGC is currently considering promulgating 
new regulations in the following areas: (i) updates or revisions to its 
management contract regulations to address the current state of the 
industry; (ii) updates or revisions to the existing audit regulations 
to reduce cost burdens for small or charitable gaming operations; (iii) 
the review and revision of the minimum technical standards for Class II 
gaming; (iv) the review and revision of the minimum internal control 
standards (MICS) for Class II gaming; (v) background and licensing; 
(vi) self-regulation of Class II gaming activities; (vii) gaming 
ordinance submission requirements; (viii) substantial violations; (ix) 
appeals to the Commission; (x) fees; (xi) updating its regulations 
concerning suspension of licenses issued to Key Employees and Primary 
Management Officials who the NIGC determines are not eligible for 
employment; (xii) amending its regulations concerning fee rate 
assessment, carry over status reporting process, budget commitments for 
maintaining transition funds, and fee rate calculation guidelines for 
self-regulated tribes; (xiii) amending a substantial violations 
identified in its regulations to provide that closure for a tribe's 
failure to construct and operate its gaming operation in a manner that 
adequately protects the environment, public health, and safety includes 
issues related to cyber-security.
    NIGC is committed to staying up-to-date on developments in the 
gaming industry, including best practices and emerging technologies. 
Further, the Commission aims to continue reviewing its regulations to 
determine whether they are overly burdensome to tribes and industry 
stakeholders, including smaller or rural operations. The NIGC 
anticipates that the ongoing consultations with tribes will continue to 
play an important role in the development of the NIGC's rulemaking 
efforts.
BILLING CODE 7565-01-P

U.S. NUCLEAR REGULATORY COMMISSION STATEMENT OF REGULATORY PRIORITIES 
FOR FISCAL YEAR 2023

I. Introduction

    Under the authority of the Atomic Energy Act of 1954, as amended, 
and the Energy Reorganization Act of 1974, as amended, the U.S. Nuclear 
Regulatory Commission (NRC) regulates the possession and use of source, 
byproduct, and special nuclear material. Our regulatory mission is to 
license and regulate the Nation's civilian use of byproduct, source, 
and special nuclear materials to ensure the adequate protection of 
public health and safety and promote the common defense and security. 
As part of our mission, we

[[Page 11188]]

regulate the operation of nuclear power plants and fuel cycle plants; 
the safeguarding of nuclear materials from theft and sabotage; the safe 
transport, storage, and disposal of radioactive materials and wastes; 
the decommissioning and safe release for other uses of licensed 
facilities that are no longer in operation; and the medical, 
industrial, and research applications of nuclear material. In addition, 
we license the import and export of radioactive materials.
    As part of our regulatory process, we routinely conduct 
comprehensive regulatory analyses that examine the costs and benefits 
of contemplated regulations. We have developed internal procedures and 
programs to ensure that we impose only necessary requirements on our 
licensees and to review existing regulations to determine whether the 
requirements imposed are still necessary.
    Our regulatory priorities for fiscal year (FY) 2023 reflect our 
safety and security mission and will enable us to achieve our three 
strategic goals described in NUREG-1614, Volume 8, ``Strategic Plan: 
Fiscal Years 2022-2026,'' issued April 2022 (https://www.nrc.gov/reading-rm/doc-collections/nuregs/staff/sr1614/v8/index.html): (1) 
ensure the safe and secure use of radioactive materials, (2) continue 
to foster a healthy organization, and (3) inspire stakeholder 
confidence in the NRC.

II. Regulatory Priorities

    This section contains information on some of our most important and 
significant regulatory actions that we are considering issuing in 
proposed or final form during FY 2023. This report does not include the 
NRC's high-priority rulemaking titled ``Regulatory Improvements for 
Production and Utilization Facilities Transitioning to 
Decommissioning'' (RIN 3150-AJ59; NRC-2015-0070) due to the timeframe 
for reporting; the agency expects to publish the final rule during FY 
2024. The agency's portion of the Unified Agenda of Regulatory and 
Deregulatory Actions contains additional information on NRC rulemaking 
activities and on a broader spectrum of our upcoming regulatory 
actions. We also provide additional information on planned rulemaking 
and petition for rulemaking activities, including priority and 
schedule, on our website at https://www.nrc.gov/about-nrc/regulatory/rulemaking/rules-petitions.html.

A. NRC Priority Rulemakings

Proposed Rules
American Society of Mechanical Engineers Code Cases and Update 
Frequency
    (RIN 3150-AK23; NRC-2018-0291): This rulemaking would incorporate 
by reference into the NRC's regulations the latest revision to 
regulatory guides that list the American Society of Mechanical 
Engineers Code Cases that the NRC finds to be acceptable (or 
conditionally acceptable). This rulemaking also would amend the NRC's 
regulation to revise the frequency of the in-service testing and in-
service inspection program updates.
    Enhanced Weapons for Spent Fuel Storage Installations and 
Transportation--Section 161A Authority (RIN 3150-AJ55; NRC-2015-0018): 
This rulemaking would amend the NRC's regulations to implement the 
authority in Section 161A of the Atomic Energy Act of 1954, as amended, 
related to access to enhanced weapons and associated firearms 
background checks for the protection of spent nuclear fuel.
    Renewing Nuclear Power Plant Operating Licenses--Environmental 
Review (RIN 3150-AK32; NRC-2018-0296): This rulemaking would amend the 
NRC's environmental protection regulations by updating the 
environmental effect findings of renewing the operating license of a 
nuclear power plant. These findings would be based on a programmatic 
analysis under the National Environmental Policy Act. The rule will 
affect operating power reactor licensees that seek an initial or 
subsequent renewed operating license.
    Risk-Informed, Technology-Inclusive Regulatory Framework for 
Advanced Reactors (RIN 3150-AK31; NRC-2019-0062): This rulemaking would 
establish an optional technology-inclusive regulatory framework for use 
by applicants for new commercial advanced nuclear reactors.
Final Rules
    Fitness-for-Duty Drug Testing Program Requirements (RIN 3150-AI67; 
NRC-2009-0225): This rulemaking amends the NRC's regulations to revise 
the drug testing requirements for fitness-for-duty programs to align 
more closely with changes in the 2008 and 2017 U.S. Department of 
Health and Human Services' ``Mandatory Guidelines for Federal Workplace 
Drug Testing Programs.''

B. Significant Final Rules

    The rulemaking activity below meets the requirements of a 
significant regulatory action in Executive Order 12866, ``Regulatory 
Planning and Review,'' signed September 30, 1993, because it is likely 
to have an annual effect on the economy of $100 million or more.
    Revision of Fee Schedules: Fee Recovery for FY 2023 (RIN 3150-AK58; 
NRC-2021-0024): This rule amends the NRC's fee schedules for licensing, 
inspection, and annual fees charged to agency applicants and licensees.

NRC

Prerule Stage

222. Enhanced Weapons for Spent Fuel Storage Installations and 
Transportation--Section 161A Authority [NRC-2015-0018] [3150-AJ55]

    Priority: Other Significant.
    Legal Authority: 42 U.S.C. 2201; 42 U.S.C. 2201a; 42 U.S.C. 5841
    CFR Citation: 10 CFR 73.
    Legal Deadline: None.
    Abstract: This rulemaking would amend the NRC's regulations to 
implement the authority in section 161A of the Atomic Energy Act of 
1954, as amended, related to access to enhanced weapons and associated 
firearms background checks for the protection of spent nuclear fuel 
(SNF). The rule would designate additional classes of facilities and 
activities appropriate for section 161A authority. This rulemaking 
would support a potential national strategy for the secure 
transportation and storage of SNF. The scope of this rulemaking would 
affect access to enhanced weapons during transportation and storage of 
SNF, high-level radioactive waste, and special nuclear material (from 
aged SNF).
    Statement of Need: This rulemaking would amend the NRC's 
regulations to implement the new authority in Section 161A of the 
Atomic Energy Act of 1954, as amended, related to access of enhanced 
weapons for the protection of spent nuclear fuel (SNF). These 
adjustments would support a potential national strategy for the secure 
transportation and storage of SNF. The scope of this rulemaking would 
affect access to enhanced weapons during transportation and storage of 
SNF, high-level radioactive waste, and special nuclear material (from 
aged SNF). This rulemaking is a follow-on to the initial enhanced 
weapons rulemaking (RIN 3150-AI49).
    Summary of Legal Basis: On August 8, 2005, President Bush signed 
into law the Energy Policy Act of 2005 (EPAct), Public Law 10958, 119 
Stat. 594 (2005).

[[Page 11189]]

Section 653 of the EPAct amended the AEA by adding section 161A, ``Use 
of Firearms by Security Personnel'' (42 U.S.C. 2201a). Section 161A of 
the AEA provides the NRC with new authority that would enhance security 
at designated facilities of NRC licensees or designated activities.
    Alternatives: None.
    Anticipated Cost and Benefits: The NRC has not developed a 
regulatory analysis for this rulemaking. However, based upon the 
regulatory analysis conducted for rulemaking RIN 3150-AI49 (see ADAMS 
Accession No. ML19045A003), the NRC anticipates that 3 to 5 additional 
licensees could apply for newly designated activities (e.g., escorting 
shipments of category 1 quantities of strategic special nuclear 
material) with costs ranging from $250,000 to $750,000 per licensee. 
Benefits include facilitating the interstate shipment of high security-
risk material to ensure adequate protection of the common defense and 
security.
    Risks: None.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Regulatory Basis....................   01/00/23  .......................
NPRM................................   09/00/24  .......................
Final Rule..........................   06/00/26  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Small Entities Affected: No.
    Government Levels Affected: None.
    Additional Information: This rulemaking is a follow-on to 
``Enhanced Weapons, Firearms Background Checks, and Security Event 
Notification [NRC-2011-0018] (RIN 3150-AI49).''
    Agency Contact: George M. Tartal, Nuclear Regulatory Commission, 
Office of Nuclear Material Safety and Safeguards, Washington, DC 20555-
0001, Phone: 301 415-0016, Email: [email protected].
    Related RIN: Related to 3150-AI49
    RIN: 3150-AJ55

NRC

Proposed Rule Stage

223. American Society of Mechanical Engineers Code Cases and Update 
Frequency [NRC-2018-0291] [3150-AK23]

    Priority: Other Significant.
    Legal Authority: 42 U.S.C. 2201; 42 U.S.C. 5841
    CFR Citation: 10 CFR 50.
    Legal Deadline: None.
    Abstract: This rulemaking would incorporate by reference into the 
NRC's regulations the latest revision to regulatory guides that list 
the American Society of Mechanical Engineers (ASME) Code Cases that the 
NRC finds to be acceptable (or conditionally acceptable). This 
rulemaking would affect nuclear power reactor licensees. This 
rulemaking would also amend the NRC's regulation to revise the 
frequency of the inservice testing and inservice inspection program 
updates required in 10 CFR 50.55a. The rulemaking would involve 
developing a requirement for an acceptable interval for program updates 
that changes from the current 120-month interval to a 240-month 
interval.
    Statement of Need: The NRC has set the precedent to review new code 
cases associated with the ASME Boiler and Pressure Vessel Code and the 
ASME Operations and Maintenance Code and to consider approving them for 
use by nuclear power plant licensees. This action increases consistency 
across the industry and makes use of current voluntary consensus 
standards (as required by the National Technology Transfer and 
Advancement Act), while continuing to provide adequate protection to 
the public.
    Summary of Legal Basis: 10 CFR 50.55a falls under the NRC's 
statute-provided authority and any such changes are within the legal 
authority of the NRC.
    Alternatives: The NRC did not consider alternatives. This rule is a 
voluntary alternative to the existing required ASME codes and is not 
required. In addition, the existing required ASME Codes are required by 
regulation under 10 CFR 50.55a; therefore, in order to provide 
alternative requirements without the submission of exemption requests, 
the alternatives must be included in the NRC's regulations.
    Anticipated Cost and Benefits: The NRC anticipates the use of the 
approved code cases in lieu of their respective existing ASME code 
requirements would result in similar costs to the licensee. However, as 
a benefit to the licensee and the NRC, the change in the interval for 
program code of record updates to reduce, by half, the number of times 
a licensee would need to review and update their inservice testing and 
inservice inspection programs, would then reduce those costs by half. 
The rule would result in net savings to the industry and the NRC of 
approximately $34.3 million (7-percent net present value) to $40.5 
million (3-percent net present value).
    Risks: None.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   03/00/23
Final Rule..........................   10/00/24
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Small Entities Affected: No.
    Government Levels Affected: None.
    Agency Contact: Dennis Andrukat, Nuclear Regulatory Commission, 
Office of Nuclear Material Safety and Safeguards, Washington, DC 20555-
0001, Phone: 301 415-3561, Email: [email protected].
    RIN: 3150-AK23

NRC

224. Risk-Informed, Technology Inclusive Regulatory Framework [NRC-
2019-0062] [3150-AK31]

    Priority: Other Significant.
    Legal Authority: 42 U.S.C. 2201; 42 U.S.C. 5841
    CFR Citation: 10 CFR 53.
    Legal Deadline: None.
    Abstract: This rulemaking would establish an optional technology-
inclusive regulatory framework for use by applicants for new commercial 
advanced nuclear reactors. The regulatory requirements developed in 
this rulemaking would use methods of evaluation, including risk-
informed and performance-based methods, that are flexible and 
practicable for application to a variety of advanced reactor 
technologies. This rule is being developed in accordance with the 
Nuclear Energy Innovation and Modernization Act (NEIMA).
    Statement of Need: The current application and licensing 
requirements in 10 CFR part 50 and 10 CFR part 52 were developed to 
support large light-water and non-power reactors. These regulations do 
not fully reflect the range of licensing and regulatory challenges 
associated with other nuclear reactor technologies. This rulemaking 
will amend 10 CFR by creating an alternative regulatory framework for 
licensing future commercial nuclear plants.
    Summary of Legal Basis: On January 14, 2019, the President signed 
the Nuclear Energy Innovation and Modernization Act (NEIMA) into law 
(Pub. L. 115 439). NEIMA Section 103(a)(4) directs the NRC to complete 
a rulemaking to establish a technology-inclusive, regulatory framework 
for optional use by commercial advanced nuclear reactor applicants for 
new reactor license applications.
    Alternatives: None.
    Anticipated Cost and Benefits: This rulemaking establishes two new

[[Page 11190]]

frameworks for licensing advanced reactors. The Part 53 approach to 
staffing allows the potential for facility license applicants to 
justify smaller operator staffing complements than what has 
historically been prescribed under Part 55. Additionally, the Part 53 
approach to operator licensing provides for tailored operator licensing 
programs that may potentially result in shortened training timelines, 
reduced billable staff hours, and, in the case of generally licensed 
reactor operators, a near elimination of non-inspection related 
billable staff hours after initial programmatic approval. Licensees 
will experience significantly reduced costs for all types of 
applications, due to the simplifying changes made to the technical 
information required in the contents of applications provisions. The 
staff has eliminated multiple requirements from each type of 
application in the Part 53 rule language, for both Framework A and 
Framework B. Applicants who qualify to use the Alternative Evaluation 
for Risk Insights approach in Framework B will also avert a 
considerable amount of the costs of conducting a probability risk 
assessment, which will be required under both Parts 50 and 52 after the 
lessons learned rule for those parts is finalized and issued. The 
Integrity Assessment Program will potentially result in increased costs 
to licensees due to the fact that it is a new program in Part 53 that 
requires earlier addressal of issues, such as aging, that operating 
experience has shown create issues for plants earlier than considered 
under Part 50. Finally, the Facility Safety Program, another new 
program in Part 53, will result in increased costs to licensees due to 
its requirements for managing risks and maintaining aspects of the 
plant's safety features as understood at the time of licensing.
    Risks: None.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   08/00/23
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Small Entities Affected: No.
    Government Levels Affected: None.
    Agency Contact: Robert Beall, Nuclear Regulatory Commission, Office 
of Nuclear Material Safety and Safeguards, Washington, DC 20555-0001, 
Phone: 301 415-3874, Email: [email protected].
    RIN: 3150-AK31

NRC

225. Renewing Nuclear Power Plant Operating Licenses--Environmental 
Review [NRC-2018-0296] [3150-AK32]

    Priority: Other Significant.
    Legal Authority: 42 U.S.C. 2201; 42 U.S.C. 5841
    CFR Citation: 10 CFR 51.
    Legal Deadline: None.
    Abstract: This rulemaking would amend the NRC's environmental 
protection regulations by updating the environmental effect findings of 
renewing the operating license of a nuclear power plant. These findings 
would be based on a programmatic analysis under the National 
Environmental Policy Act. The rule will affect operating power reactor 
licensees that seek an initial or subsequent renewed operating license.
    Statement of Need: This rule would amend the NRC's environmental 
protection regulations by updating the Commission's 2013 findings on 
the environmental effect of renewing the operating license of a nuclear 
power plant. The rule redefines the number and scope of the 
environmental issues that must be addressed by the Commission in 
conjunction with the review of each application for license renewal. As 
part of this update, the NRC has prepared Revision 2 to NUREG-1437, 
Generic Environmental Impact Statement for License Renewal of Nuclear 
Plants (LR GEIS), to account for new information and to address the 
impacts of initial license renewals, which the previous versions 
considered, as well as subsequent license renewals.
    Summary of Legal Basis: Under the NRC's environmental protection 
regulations in 10 CFR part 51, which implement the National 
Environmental Policy Act (NEPA--42 U.S.C. 4332, 4334, 4335), renewal of 
a nuclear power plant operating license requires the preparation of an 
environmental impact statement (EIS). To support the preparation of 
these EISs, the NRC defined which impacts would essentially be the same 
at all nuclear power plants or a subset of plants and which ones would 
be different at different plants and would require plant-specific 
analyses; these determinations were codified in Table B-1 of Appendix B 
to Subpart A of 10 CFR part 51. As stated in preamble to Table B-1, the 
Commission intends to review the material in Appendix B and update it 
as necessary on a 10-year cycle.
    Alternatives: The no-action alternative maintains the status quo. 
Under the no-action alternative, the NRC would not amend certain 
provisions of 10 CFR part 51 relating to the renewal of nuclear power 
plant licenses, including Table B-1 in Appendix B to Subpart A to 10 
CFR part 51. Under the no-action alternative, the NRC would continue to 
rely upon the findings set forth in the current Table B-1 when 
determining the scope and magnitude of environmental impacts of an 
initial operating license renewal for a nuclear power plant. Licensees 
seeking an initial operating license renewal would continue to comply 
with the existing provisions of 10 CFR part 51. This alternative would 
result in no new direct costs to the NRC or licensees seeking an 
initial license renewal. This alternative would not address the 
environmental impacts of renewing the operating license of a nuclear 
power plant for subsequent license renewal. This alternative would 
result in additional costs to the NRC and licensees seeking a future 
subsequent license renewal for evaluating all environmental impacts as 
plant-specific issues. For licensees seeking a near-term subsequent 
license renewal or licensees that have submitted or received a 
subsequent license renewal, the no-action alternative would require the 
evaluation of all environmental issues as plant-specific. This 
alternative would result in additional costs to the NRC and licensees.
    Anticipated Cost and Benefits: The rule and associated guidance 
would result in undiscounted total net savings of $91.4 million to the 
industry and $31.7 million to the NRC. The rule would reduce the cost 
to the industry of preparing environmental reports for license renewal 
applications by focusing resources on plant-specific analyses. The NRC 
also would recognize similar reductions in costs and be able to better 
focus its resources on important plant-specific issues during reviews 
of reactor license renewal applications.
    Risks: There are no risk-informed actions related to the rule 
within the NRC's jurisdiction.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   02/00/23
Final Action........................   04/00/24
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Small Entities Affected: No.
    Government Levels Affected: None.
    Additional Information: A rulemaking plan was provided to the 
Commission for review and approval on July 22, 2021 (SECY 21-0066). On 
February 24, 2022, the Commission disapproved the plan, and directed 
staff to resubmit a revised plan within 30 days. A revised

[[Page 11191]]

rulemaking plan was provided to the Commission for review and approval 
on March 25, 2022 (SECY 22-0024).
    Agency Contact: Victoria V. Huckabay, Nuclear Regulatory 
Commission, Office of Nuclear Material Safety and Safeguards, 
Washington, DC 20555-0001, Phone: 301 415-5183, Email: 
[email protected].
    RIN: 3150-AK32

NRC

226. Revision of Fee Schedules: Fee Recovery for FY 2023 [NRC-2021-
0024] [3150-AK58]

    Priority: Economically Significant. Major under 5 U.S.C. 801.
    Legal Authority: 31 U.S.C. 483; 42 U.S.C. 2201; 42 U.S.C. 2214; 42 
U.S.C. 5841
    CFR Citation: 10 CFR 170; 10 CFR 171.
    Legal Deadline: Final, Statutory, September 30, 2023.
    The Nuclear Energy Innovation and Modernization Act (NEIMA) 
requires the NRC to assess and collect service fees and annual fees in 
a manner that ensures that, to the maximum extent practicable, the 
amount assessed and collected approximates the NRC's total budget 
authority for that fiscal year less the NRC's budget authority for 
excluded activities. NEIMA requires that the fees for FY 2023 be 
collected by September 30, 2023.
    Abstract: This rulemaking would amend the NRC's regulations for fee 
schedules. The NRC conducts this rulemaking annually to recover 
approximately 100 percent of the NRC's annual budget authority, less 
excluded activities to implement NEIMA. This rulemaking would affect 
the fee schedules for licensing, inspection, and annual fees charged to 
the NRC's applicants and licensees.
    Statement of Need: The NRC, as required by statute, conducts an 
annual rulemaking in order to assess and collect service fees and 
annual fees in a manner that ensures that, to the maximum extent 
practicable, the amount assessed and collected approximates the NRC's 
total budget authority for that fiscal year less the NRC's budget 
authority for excluded activities. NEIMA requires the NRC to establish 
through rulemaking a schedule of annual fees that fairly and equitably 
allocates the aggregate amount of annual fees among licensees and 
certificate holders. NEIMA states that this schedule may be based on 
the allocation of the NRC's resources among licensees, certificate 
holders, or classes of licensees or certificate holders and requires 
that the schedule of annual fees, to the maximum extent practicable, 
shall be reasonably related to the cost of providing regulatory 
services.
    Summary of Legal Basis: Effective October 1, 2020, NEIMA put in 
place a revised framework for fee recovery by eliminating OBRA-90's 
approximately 90 percent fee-recovery requirement and requiring the NRC 
to assess and collect service fees and annual fees in a manner that 
ensures that, to the maximum extent practicable, the amount assessed 
and collected approximates the NRC's total budget authority for that 
fiscal year less the NRC's budget authority for excluded activities.
    Alternatives: Because this action is mandated by statute and the 
fees must be assessed through rulemaking, the NRC did not consider 
alternatives to this action.
    Anticipated Cost and Benefits: The cost to the NRC's licensees is 
approximately 100 percent of the NRC FY 2023 budget authority less the 
amounts appropriated for excluded activities.
    Risks: None.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   01/00/23
Final Rule..........................   05/00/23
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Small Entities Affected: Businesses, Governmental Jurisdictions, 
Organizations.
    Government Levels Affected: Local, State.
    Agency Contact: Anthony Rossi, Nuclear Regulatory Commission, 
Office of the Chief Financial Officer, Washington, DC 20555-0001, 
Phone: 301 415-7341, Email: [email protected].
    RIN: 3150-AK58

[FR Doc. 2023-02113 Filed 2-21-23; 8:45 am]
BILLING CODE 6820-27-P