[Unified Agenda of Federal Regulations]
[Introduction to the Unified Agenda of Federal Regulations]
[From the U.S. Government Printing Office, www.gpo.gov]


                              Monday

                              April 25, 1994

                              Unified Agenda of Federal Regulations


                              _________________________________________
                              20002    II--Regulatory Information 
                                         Service Center
                              20008    III--Department of Agriculture
                              20136    IV--Department of Commerce
                              20228    V--Department of Defense
                              20264    VI--Department of Education
                              20284    VII--Department of Energy
                                         
                              Note:    Parts VIII-LXII and indexes 
                                         appear in Books 2 and 3 of 
                                         this issue.

 
4-25-94
Vol. 59    No. 79
  
BOOK 2:
Pages 20311-20992

                              Book 2 of 3 Books

                              Monday, April 25, 1994

                              Unified Agenda of Federal Regulations

                              _________________________________________
                              20312    VIII--Department of Health and 
                                         Human Services
                              20424    IX--Department of Housing and 
                                         Urban Development
                              20478    X--Department of the Interior
                              20556    XI--Department of Justice
                              20602    XII--Department of Labor
                              20658    XIII--Department of State
                              20662    XIV--Department of 
                                         Transportation
                              20822    XV--Department of the Treasury

 
4-25-94
Vol. 59    No. 79
  
BOOK 3:
Pages 20993-21618

                              Book 3 of 3 Books

                              Monday, April 25, 1994


                              Unified Agenda of Federal Regulations

                              _________________________________________
                              20994    XVI--Department of Veterans 
                                         Affairs
                              21028    XVII--ACTION
                              21032    XVIII--Advisory Council on 
                                         Historic Preservation
                              21034    XIX--Agency for International 
                                         Development
                              21036    XX--Architectural and 
                                         Transportation Barriers 
                                         Compliance Board
                              21040    XXI--Commission on Civil Rights
                              21042    XXII--Environmental Protection 
                                         Agency
                              21162    XXIII--Equal Employment 
                                         Opportunity Commission
                              21168    XXIV--Federal Emergency 
                                         Management Agency
                              21176    XXV--General Services 
                                         Administration
                              21194    XXVI--National Aeronautics and 
                                         Space Administration
                              21206    XXVII--National Archives and 
                                         Records Administration
                              21212    XXVIII--NFAH--Federal Council on 
                                         the Arts and the Humanities
                              21214    XXIX--NFAH--Institute of Museum 
                                         Services
                              21216    XXX--NFAH--National Endowment 
                                         for the Arts
                              21220    XXXI--NFAH--National Endowment 
                                         for the Humanities
                              21224    XXXII--National Science 
                                         Foundation
                              21228    XXXIII--Office of Government 
                                         Ethics
                              21234    XXXIV--Office of Management and 
                                         Budget
                              21242    XXXV--Office of Personnel 
                                         Management
                              21264    XXXVI--Panama Canal Commission
                              21268    XXXVII--Peace Corps
                              21272    XXXVIII--Pennsylvania Avenue 
                                         Development Corporation
                              21274    XXXIX--Pension Benefit Guaranty 
                                         Corporation
                              21282    XL--Railroad Retirement Board
                              21288    XLI--Selective Service System
                              21290    XLII--Small Business 
                                         Administration
                              21308    XLIII--Tennessee Valley 
                                         Authority
                              21312    XLIV--United States Information 
                                         Agency
                              21316    XLV--Department of Defense/
                                         General Services 
                                         Administration/National 
                                         Aeronautics and Space 
                                         Administration
                              21338    XLVI--Commodity Futures Trading 
                                         Commission
                              21344    XLVII--Consumer Product Safety 
                                         Commission
                              21350    XLVIII--Farm Credit 
                                         Administration
                              21358    XLIX--Federal Communications 
                                         Commission
                              21376    L--Federal Deposit Insurance 
                                         Corporation
                              21388    LI--Federal Energy Regulatory 
                                         Commission
                              21398    LII--Federal Housing Finance 
                                         Board
                              21404    LIII--Federal Maritime 
                                         Commission
                              21410    LIV--Federal Reserve System
                              21426    LV--Federal Trade Commission
                              21436    LVI--Interstate Commerce 
                                         Commission
                              21444    LVII--National Credit Union 
                                         Administration
                              21450    LVIII--National Indian Gaming 
                                         Commission
                              21454    LIX--Nuclear Regulatory 
                                         Commission
                              21480    LX--Resolution Trust Corporation
                              21486    LXI--Securities and Exchange 
                                         Commission
                              21512    LXII--Thrift Depositor 
                                         Protection Oversight Board
                              21515    Small Entities Index
                              21529    Government Levels Index
                              21555    Subject Index


_______________________________________________________________________
Part II
 
Regulatory Information Service Center

_______________________________________________________________________


Introduction to the Unified Agenda of Federal Regulations



REGULATORY INFORMATION SERVICE CENTER


Unified Agenda of Federal Regulations


AGENCY: Regulatory Information Service Center.
 
ACTION: Introduction to the Unified Agenda of Federal Regulations.

_______________________________________________________________________

SUMMARY: The Regulatory Flexibility Act (5 U.S.C. 602) requires that 
agencies publish semiannual regulatory agendas describing regulatory 
actions they are developing. Executive Order 12866 ``Regulatory 
Planning and Review'' (58 FR 51735; October 4, 1993) and Office of 
Management and Budget memoranda implementing section 4 of that Order 
establish minimum standards for agencies' agendas, including specific 
types of information for each entry. In addition, the Office of Federal 
Procurement Policy Act Amendments of 1988 (41 U.S.C. 402) require the 
development and semiannual publication of a report on procurement 
regulations. The Unified Agenda helps fulfill that requirement as well. 
All Federal regulatory agencies have chosen to publish their regulatory 
agendas as part of this Unified Agenda of Federal Regulations.

    The following separate parts in this issue of the Federal Register 
are the agency agendas, which together comprise the April 1994 edition 
of the semiannual Unified Agenda of Federal Regulations.

ADDRESSES: Regulatory Information Service Center, 750 17th Street NW., 
Suite 500, Washington, DC 20006.

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 the 
Unified Agenda of Federal Regulations, contact: Mark G. Schoenberg, 
Executive Director, (202) 634-6222, or Margaret M. Donohoe, Project 
Director, (202) 634-6220.

SUPPLEMENTARY INFORMATION: 


 
                            TABLE OF CONTENTS                           
       INTRODUCTION TO THE UNIFIED AGENDA OF FEDERAL REGULATIONS        
                                                                        
                                                                   Page 
                                                                        
About the Unified Agenda........................................   20002
How To Use the Unified Agenda...................................   20003
Data Limitations................................................   20004
List of Abbreviations...........................................   20004
Information About Additional Copies.............................   20005
                                                                        
              AGENCY DESCRIPTIONS OF REGULATORY ACTIVITIES              
                                                                        
                           Cabinet Departments                          
                                                                        
Department of Agriculture.......................................   20008
Department of Commerce..........................................   20136
Department of Defense...........................................   20228
Department of Education.........................................   20264
Department of Energy............................................   20284
Department of Health and Human Services.........................   20312
Department of Housing and Urban Development.....................   20424
Department of the Interior......................................   20478
Department of Justice...........................................   20556
Department of Labor.............................................   20602
Department of State.............................................   20658
Department of Transportation....................................   20662
Department of the Treasury......................................   20822
Department of Veterans Affairs..................................   20994
                                                                        
                        Other Executive Agencies                        
                                                                        
ACTION..........................................................   21028
Advisory Council on Historic Preservation.......................   21032
Agency for International Development............................   21034
Architectural and Transportation Barriers Compliance Board......   21036
Commission on Civil Rights......................................   21040
Environmental Protection Agency.................................   21042
Equal Employment Opportunity Commission.........................   21162
Federal Emergency Management Agency.............................   21168
General Services Administration.................................   21176
National Aeronautics and Space Administration...................   21194
National Archives and Records Administration....................   21206
National Foundation on the Arts and                                     
    the Humanities                                                      
  Federal Council on the Arts and the Humanities................   21212
  Institute of Museum Services..................................   21214
  National Endowment for the Arts...............................   21216
  National Endowment for the Humanities.........................   21220
National Science Foundation.....................................   21224
Office of Government Ethics.....................................   21228
Office of Management and Budget.................................   21234
Office of Personnel Management..................................   21242
Panama Canal Commission.........................................   21264
Peace Corps.....................................................   21268
Pennsylvania Avenue Development Corporation.....................   21272
Pension Benefit Guaranty Corporation............................   21274
Railroad Retirement Board.......................................   21282
Selective Service System........................................   21288
Small Business Administration...................................   21290
Tennessee Valley Authority......................................   21308
United States Information Agency................................   21312
                                                                        
                             Joint Authority                            
                                                                        
Department of Defense/General Services Administration/National          
 Aeronautics and Space Administration (Federal Acquisition              
 Regulation)....................................................   21316
                                                                        
                          Independent Agencies                          
                                                                        
Commodity Futures Trading Commission............................   21338
Consumer Product Safety Commission..............................   21344
Farm Credit Administration......................................   21350
Federal Communications Commission...............................   21358
Federal Deposit Insurance Corporation...........................   21376
Federal Energy Regulatory Commission............................   21388
Federal Housing Finance Board...................................   21398
Federal Maritime Commission.....................................   21404
Federal Reserve System..........................................   21410
Federal Trade Commission........................................   21426
Interstate Commerce Commission..................................   21436
National Credit Union Administration............................   21444
National Indian Gaming Commission...............................   21450
Nuclear Regulatory Commission...................................   21454
Resolution Trust Corporation....................................   21480
Securities and Exchange Commission..............................   21486
Thrift Depositor Protection Oversight Board.....................   21512
                                                                        
          INDEXES TO THE UNIFIED AGENDA OF FEDERAL REGULATIONS          
                                                                        
Small Entities Index............................................   21515
Government Levels Index.........................................   21529
Subject Index...................................................  21555 
                                                                        




INTRODUCTION TO THE UNIFIED AGENDA OF FEDERAL REGULATIONS
 
About the Unified Agenda

    The Regulatory Information Service Center (the Center) compiles the 
Unified Agenda of Federal Regulations (Unified Agenda) for the Office 
of Information and Regulatory Affairs, Office of Management and Budget 
(OMB). The Center provides information about Federal regulatory 
activity to the President and his Executive Office, the Congress, 
agency managers, and the public.

    The Office of Information and Regulatory Affairs is responsible for 
overseeing the Federal Government's regulatory, paperwork, and 
information resource management activities, including implementation of 
E.O. 12866.

    The Unified Agenda provides uniform reporting of data on regulatory 
activities under development throughout the Federal Government. This 
edition of the Unified Agenda includes 60 regulatory agendas from all 
Federal departments, agencies, and commissions that publish agendas. 
Agencies of the United States Congress are not included. The Federal 
Mediation and Conciliation Service, the Merit Systems Protection Board, 
the National Capital Planning Commission, and the Office of Special 
Counsel have published regulatory agendas in the past but have nothing 
to report for this edition.

    The regulatory activities included in the agency agendas are those 
currently planned for the next 12 months. The agendas do not include 
regulations that were excluded under E.O. 12866, such as those 
concerning military or foreign affairs functions and regulations 
related to internal agency organization, management, or personnel 
matters.

    The Regulatory Flexibility Act (5 U.S.C. 601) requires that 
agencies publish regulatory agendas identifying those rules that may 
have a significant economic impact on a substantial number of small 
entities. Agencies meet that requirement by including the information 
in their submissions for the Unified Agenda.

    In addition, Executive Order 12875 entitled ``Enhancing the 
Intergovernmental Partnership'' (October 26, 1993; 58 FR 58093) directs 
agencies to reduce the imposition of unfunded mandates upon State, 
local, and tribal governments. The Order directs agencies that are 
proposing to impose nonstatutory unfunded mandates to consult with 
affected governmental officials and document their concerns, report 
those concerns to the Director of the Office of Management and Budget, 
and explain the agency's position supporting the continuing need to 
issue the regulation in light of those concerns. 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.

    The Unified Agenda also helps fulfill the statutory requirement 
that the Office of Federal Procurement Policy (OFPP) publish a 
Procurement Regulatory Activity Report as required by the Office of 
Federal Procurement Policy Act Amendments of 1988 (102 Stat. 4055; 41 
U.S.C. 402). In their agendas, agencies indicate which regulatory 
actions are procurement-related, as well as whether or not there is a 
statutory requirement or a paperwork burden associated with the 
procurement-related actions. Information that agencies publish in the 
Unified Agenda is used by OFPP to produce its report.

    The Unified Agenda is produced through a computer system designed 
and maintained by the Center with the advice and assistance of the 
Government Printing Office. The system was designed to save agencies 
time and money by automating the preparation and printing of their 
agendas in a uniform format. It also makes the Unified Agenda easier to 
use. In order to further facilitate producing the Unified Agenda, many 
agencies currently use computer terminals at their offices to enter 
agenda information into the Center's computer system.

    All agendas contain uniform data elements, which are described 
below. Agencies also include any additional information they consider 
important.

    Congress generally authorizes a single Federal agency to implement, 
through regulation, a specific policy objective. Sometimes, however, a 
statute may require that several agencies issue regulations to 
accomplish the objective. In such cases, the agencies, working with a 
central coordinator, jointly publish the documents issued in the course 
of the rulemaking proceeding. These proceedings are referred to as 
Governmentwide common rules.

    In this edition of the Unified Agenda, three Governmentwide common 
rules are reported by the agencies participating in their development. 
They are:

 Debarment and Suspension
 New Restrictions on Lobbying
 Uniform Administrative Requirements for Grants and Cooperative 
    Agreements to State and Local Governments

Agencies participating in the development of these common rules have 
reported them in their individual sections of the Unified Agenda.

    Regulatory agendas have been required by Executive orders since 
1978. The Unified Agenda of Federal Regulations has been published in 
April and October of each year since 1983. We welcome comments on this 
edition and suggestions for improving future ones.


 
How To Use the Unified Agenda

    Each agency agenda appears as a separate part in this edition of 
the Federal Register. The parts are organized alphabetically in four 
groups: Cabinet departments, other executive agencies, joint 
authorities, and independent agencies. Departments are divided into 
agencies, which may in turn be divided into subagencies.

    Each agency introduces its section of the Unified Agenda with a 
preamble providing information specific to that section. Each agency 
lists its rules in four groups:

    1. Prerule Stage -- actions agencies will undertake in the next 12 
months to determine whether or how to initiate rulemaking. Such actions 
occur prior to a Notice of Proposed Rulemaking 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 (NPRM) 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 in their rulemaking process.

    4. Completed Actions -- actions or reviews the agency completed or 
withdrew since publishing its last agenda. This section also includes 
items that were begun and completed between issues of the Unified 
Agenda.

    An agency may use a subheading to identify regulations that it has 
grouped according to a particular topic. When these subheadings are 
used, they appear above the title of the first regulation in the group.

    A bullet () preceding an entry indicates that the entry 
appears in the Unified Agenda for the first time.

     All entries are numbered sequentially from the beginning to the 
end of the Unified Agenda. The Sequence Number (Seq. No.) preceding the 
title of each entry identifies the location of the entry in this 
edition of the Unified Agenda. The same number is used in the indexes 
to enable readers to find entries on specific subjects.

    For each agency that requests it, the Center provides a computer-
produced Table of Contents that appears after the agency preamble. The 
agency Tables of Contents help readers locate quickly those entries 
within an agency that may be of most interest to them. Sequence numbers 
also appear in agency Tables of Contents.

    The Unified Agenda contains three indexes. The first two indexes 
list the regulatory actions that agencies believe may have effects on 
small entities or levels of government. In addition, the Unified Agenda 
contains a Subject Index based on the Federal Register Thesaurus of 
Indexing Terms to help readers locate entries from various agencies 
that may affect a particular area of interest. The index also contains 
cross references to assist the reader's search.

    Entries describing regulations in the Unified Agenda should 
contain, at a minimum, the following information:

 Title of the Regulation.
 Significance -- indicates whether a determination has been 
    made with respect to the following questions:
    a. Does the action meet the criteria for a ``significant regulatory 
     action'' and is it, therefore, subject to OMB review?
    b. Does the action meet the criteria for ``economically 
     significant'' and is it, therefore, to be accompanied by an 
     economic assessment?
    c. Will the action be designated a Regulatory Plan action?
        The Significance heading appears if the answer to any of these 
         questions is Yes or Undetermined. If the answer to all three 
         questions is No, the Significance heading will not appear. If 
         the answer to one of the questions is No, the heading for that 
         question will not appear.
 Legal Authority -- the section(s) of the United States Code 
    (U.S.C.) or Public Law (P.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 -- an indication of whether the rule 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 description of the problem the regulation will 
    address; the need for a Federal solution; to the extent available, 
    the alternatives that the agency is considering to address the 
    problem; and the potential costs and benefits of the action.
 Timetable -- the dates and citations (if available) for all 
    past steps and at least a projected date for the next step for the 
    regulatory action. If a date appears in this section as 00/00/00, 
    it means the date of the action is currently undetermined. 
    Similarly, 10/00/94 means the agency can predict the month and year 
    the action will take place but not the day it will occur.
 Small Entities Affected -- indicates whether the rule is 
    expected to have a significant economic impact on a substantial 
    number of ``small entities'' as defined by the Regulatory 
    Flexibility Act (5 U.S.C. 601) and, if so, whether the small 
    entities are businesses, governmental jurisdictions, or 
    organizations.
 Government Levels Affected -- indicates whether the rule is 
    expected to affect levels of government and, if so, whether the 
    governments are State, local, tribal, or Federal.
 Agency Contact -- the name, title, address, and phone number 
    of a person in the agency who is knowledgeable about the 
    regulation.
 Procurement -- a statement identifying procurement-related 
    actions and indicating whether there is a statutory requirement for 
    the action and whether there is a paperwork burden associated with 
    the action. The Procurement heading appears only if the entry is a 
    procurement-related action.

    Some agencies have provided other optional information at their 
discretion; this information may include:

 Compliance Cost to the Public -- the estimated gross 
    compliance cost to the public of the action.
 Affected Sectors -- the industrial sectors that the action may 
    most affect, either directly or indirectly. Affected Sectors are 
    identified by Standard Industrial Classification (SIC) numbers.
 Analysis -- agencies may indicate if a Regulatory Flexibility 
    Analysis, within the meaning of the Regulatory Flexibility Act (5 
    U.S.C. 601), is being prepared or if any other kind of analysis or 
    evaluation is being prepared (e.g., an environmental impact 
    statement).

In addition, some agencies have used ``Additional Information'' to 
elaborate on the information they provided.

Data Limitations

    Agencies prepared entries for this edition of the Unified Agenda 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 Unified Agenda 
does not create a legal obligation on agencies to adhere to schedules 
within it or to confine their regulatory activities to those 
regulations that appear in it. The information in this edition is 
accurate as of February 25, 1994, in the judgment of the submitting 
agencies, except as otherwise noted in individual agency preambles. In 
addition, updates were permitted through April 1. Where applicable, 
individual actions will be subject to review for compliance with 
applicable Executive orders, the Regulatory Flexibility Act, the Office 
of Federal Procurement Policy Act Amendments of 1988, and the Paperwork 
Reduction Act at appropriate points in the regulatory process.


 
List of Abbreviations

    The following abbreviations appear throughout this edition of the 
Unified Agenda:

    ANPRM -- An Advance Notice of Proposed Rulemaking is a preliminary 
notice that an agency is considering a regulatory action. The agency 
issues an ANPRM before it develops a detailed proposed rule. The 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 departments and agencies of the Federal Government. The Code is 
divided into 50 titles, and each title covers 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.

    EO -- An Executive order is a directive from the President to an 
executive agency, 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 departments and 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;
 a reference to the legal authority under which the rule is 
    proposed; and
 either the terms or substance of the proposed rule or a 
    description of the subjects and issues involved.

    PL -- A Public Law is a law passed by Congress and signed by the 
President or enacted over his veto. It has general applicability, as 
opposed to 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, PL 103-5 is 
the fifth public law of the 103rd Congress.

    RFA -- A Regulatory Flexibility Analysis, within the meaning of the 
Regulatory Flexibility Act (5 U.S.C. 601), describes the impact of a 
proposed rule on small entities. An RFA describes why the agency is 
considering the action; the objectives of and legal basis for the 
proposed rule; an estimate of the number of small entities that could 
be affected and the compliance requirements they would have to fulfill; 
any other duplicative, overlapping, or conflicting Federal rules; and 
alternatives to the proposed action. When required, an initial RFA 
accompanies an NPRM, and a final RFA accompanies a final rule.

    RIN -- The Regulation Identifier Number is assigned by the 
Regulatory Information Service Center to identify each regulatory 
action listed in the Unified Agenda as directed by E.O. 12866 (section 
4(b)). Additionally, OMB has asked agencies to include RIN numbers 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 life cycles.

    Seq. No. -- The Sequence Number identifies the location of an entry 
in this edition of the Unified Agenda.

    USC -- The United States Code is a consolidation and codification 
of all general and permanent laws of the United States. The USC is 
divided into 50 titles, and each title covers a broad area of Federal 
law.

Information About Additional Copies

    Additional copies of this edition of the Federal Register are 
available from the Superintendent of Documents, U.S. Government 
Printing Office, Washington, DC 20402-9325, (202) 783-3238.

    Copies of individual agency agendas may be available directly from 
the agency. Please contact the particular agency for further 
information.

Dated: April 6, 1994.

Mark G. Schoenberg,
Executive Director.

[FR Doc. 94-8789 Filed 04-22-94; 8:45 am]
BILLING CODE 6820-27-F
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