[The Regulatory Plan and Unified Agenda of Federal Regulatory and Deregulatory Actions]
[Introduction to The Regulatory Plan and the Unified Agenda of Federal Regulatory and Deregulatory Actions]
[From the U.S. Government Printing Office, www.gpo.gov]


-----------------------------------------------------------------------

Part II





Regulatory Information Service Center





-----------------------------------------------------------------------



Introduction to the Unified Agenda of Federal Regulatory and 
Deregulatory Actions

Federal Register / Vol. 68, No. 245 / Monday, December 22, 2003 / The 
Regulatory Plan

Federal Register / Vol. 68, No. 245 / Monday, December 22, 2003 / The 
Regulatory Plan

[[Page 72401]]





REGULATORY INFORMATION SERVICE CENTER



Introduction to The Regulatory Plan and the Unified Agenda of Federal 
Regulatory and Deregulatory Actions



AGENCY: Regulatory Information Service Center.

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

_______________________________________________________________________

SUMMARY: The Regulatory Flexibility Act requires that agencies publish 
semiannual regulatory agendas describing regulatory actions they are 
developing (5 U.S.C. 602). Executive Order 12866 ``Regulatory Planning 
and Review,'' signed September 30, 1993 (58 FR 51735) 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. Section 4 of Executive Order 12866 
also directs that each agency prepare, as part of its submission to the 
fall edition of the Unified Agenda, a regulatory plan of the most 
important significant regulatory actions that the agency reasonably 
expects to issue in proposed or final form during the upcoming fiscal 
year.

    The Regulatory Plan (Plan) and the Unified Agenda of Federal 
Regulatory and Deregulatory Actions (Unified Agenda) help agencies 
fulfill these requirements. This publication contains the plans of 28 
Federal agencies and the regulatory agendas for these and 33 other 
Federal agencies.

ADDRESSES:  Regulatory Information Service Center (MI), General 
Services Administration, 1800 F Street NW., Suite 3033, 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: Ronald C. Kelly, Executive Director, Regulatory 
Information Service Center (MI), General Services Administration, 1800 
F Street NW., Suite 3033, Washington, DC 20405, (202) 482-7340. You may 
also send comments to us by e-mail at:

[email protected]

SUPPLEMENTARY INFORMATION: 

                            TABLE OF CONTENTS
 
                                                                   Page
 
  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?.........   72402
II. Why Are The Regulatory Plan and the Unified Agenda             72402
 Published?.....................................................
III. How Are The Regulatory Plan and the Unified Agenda            72403
 Organized?.....................................................
IV. What Information Appears for Each Entry?....................   72404
V. Abbreviations................................................   72405
VI. How Can Users Get Copies of the Plan and the Agenda?........   72406
 
Introduction to the Fall 2003 Regulatory Plan...................   72407
 
                         AGENCY REGULATORY PLANS
 
                           Cabinet Departments
 
Department of Agriculture.......................................   72420
Department of Commerce..........................................   72453
Department of Defense...........................................   72459
Department of Education.........................................   72465
Department of Energy............................................   72467
Department of Health and Human Services.........................   72472
Department of Homeland Security.................................   72494
Department of Housing and Urban Development.....................   72497
Department of the Interior......................................   72506
Department of Justice...........................................   72515
Department of Labor.............................................   72520
Department of Transportation....................................   72537
Department of the Treasury......................................   72540
Department of Veterans Affairs..................................   72553
 
                        Other Executive Agencies
 
Environmental Protection Agency.................................   72555
Equal Employment Opportunity Commission.........................   72587
General Services Administration.................................   72589
National Aeronautics and Space Administration...................   72590
National Archives and Records Administration....................   72591
Office of Personnel Management..................................   72593
Pension Benefit Guaranty Corporation............................   72594
Railroad Retirement Board.......................................   72597
Small Business Administration...................................   72599
Social Security Administration..................................   72601
 
                     Independent Regulatory Agencies
 
Federal Housing Finance Board...................................   72611
Federal Maritime Commission.....................................   72612
Federal Trade Commission........................................   72613
National Indian Gaming Commission...............................   72617
 
                             AGENCY AGENDAS
 
                           Cabinet Departments
 
Department of Agriculture.......................................   72619
Department of Commerce..........................................   72709
Department of Defense...........................................   72797
Department of Education.........................................   72833
Department of Energy............................................   72841
Department of Health and Human Services.........................   72861
Department of Homeland Security.................................   72921
Department of Housing and Urban Development.....................   73045
Department of the Interior......................................   73077
Department of Justice...........................................   73151
Department of Labor.............................................   73195
Department of State.............................................   73229
Department of Transportation....................................   73235
Department of the Treasury......................................   73361
Department of Veterans Affairs..................................   73491
 
                        Other Executive Agencies
 
Advisory Council on Historic Preservation.......................   73515
Agency for International Development............................   73517
Architectural and Transportation Barriers Compliance Board......   73523
Commission on Civil Rights......................................   73527
Corporation for National and Community Service..................   73529
Court Services and Offender Supervision Agency for the District    73535
 of Columbia....................................................
Environmental Protection Agency.................................   73539
Equal Employment Opportunity Commission.........................   73693
Federal Mediation and Conciliation Service......................   73697
General Services Administration.................................   73701
Morris K. Udall Foundation-U.S. Institute for Environmental        73715
 Conflict Resolution............................................
National Aeronautics and Space Administration...................   73717
National Archives and Records Administration....................   73729
National Foundation on the Arts and the Humanities..............
  Institute of Museum and Library Services......................   73737
  National Endowment for the Arts...............................   73741
  National Endowment for the Humanities.........................   73745
National Science Foundation.....................................   73749
Office of Federal Housing Enterprise Oversight..................   73751
Office of Government Ethics.....................................   73755
Office of Management and Budget.................................   73765
Office of Personnel Management..................................   73769

[[Page 72402]]

 
Peace Corps.....................................................   73793
Pension Benefit Guaranty Corporation............................   73797
Presidio Trust..................................................   73801
Railroad Retirement Board.......................................   73803
Selective Service System........................................   73807
Small Business Administration...................................   73809
Social Security Administration..................................   73819
Tennessee Valley Authority......................................   73837
 
                             Joint Authority
 
Department of Defense/General Services Administration/National     73839
 Aeronautics AND Space Administration (Federal Acquisition
 Regulation)....................................................
 
                     Independent Regulatory Agencies
 
Commodity Futures Trading Commission............................   73853
Consumer Product Safety Commission..............................   73861
Farm Credit Administration......................................   73873
Farm Credit System Insurance Corporation........................   73881
Federal Communications Commission...............................   73883
Federal Deposit Insurance Corporation...........................   73937
Federal Energy Regulatory Commission............................   73945
Federal Housing Finance Board...................................   73953
Federal Maritime Commission.....................................   73957
Federal Reserve System..........................................   73963
Federal Trade Commission........................................   73973
National Credit Union Administration............................   73983
National Indian Gaming Commission...............................   73993
Nuclear Regulatory Commission...................................   73999
Securities and Exchange Commission..............................   74015
Surface Transportation Board....................................   73039
 
                    INDEXES TO UNIFIED AGENDA ENTRIES
 
A. Regulatory Flexibility Act Section 610 Review Index..........   74043
B. Regulatory Flexibility Analysis Index........................   74045
C. Small Entities Index (Regulatory Flexibility Analysis Not       74055
 Required)......................................................
D. Government Levels Index......................................   74067
E. Federalism Index.............................................   74103
F. Subject Index................................................   74105
 



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 priorities and, for most agencies, 
(2) a description of the most important significant regulatory and 
deregulatory actions that the agency reasonably expects to issue in 
proposed or final form during the upcoming fiscal year. This edition 
includes the regulatory plans of 28 agencies.

    The Unified Agenda provides information, in a uniform format, about 
regulations that the Government is considering or reviewing. The 
Unified Agenda has appeared in the Federal Register twice each year 
since 1983. This edition includes regulatory agendas from 61 Federal 
agencies. Agencies of the United States Congress are not included.

    The Regulatory Information Service Center (the Center) compiles the 
Plan and 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. The Center also provides 
information about Federal regulatory activity to the President and his 
Executive Office, the Congress, agency managers, 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 
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. The agendas do not contain regulations 
that were excluded under Executive Order 12866, such as those 
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 the 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 help 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 
entitled ``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 entitled ``Regulatory Planning and Review,'' 
signed 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 13132

    Executive Order 13132 entitled ``Federalism,'' signed 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 regulations with federalism implications, which either 
preempt State law or impose nonstatutory 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

[[Page 72403]]

Office of Management and Budget a federalism summary impact statement 
for such regulations, 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 entitled ``Actions Concerning Regulations 
That Significantly Affect Energy Supply, Distribution, or Use,'' signed 
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 of this 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, each agency's 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 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 begins with a preamble 
providing information specific to that part followed by a table of 
contents. For each agency that requests it, the table of contents 
includes a section listing entries that the agency is reporting as 
withdrawn, duplicate, merged, or transferred. Following the table of 
contents is a description of the agency's regulatory and deregulatory 
actions.

    In the Agenda, each agency presents its entries under one of five 
headings according to the rulemaking stage of the entry. In the Plan, 
only the first three stages are applicable. The stages are:

1. Prerule Stage -- actions agencies will undertake to determine 
    whetheror how to initiate rulemaking. Such actions occur prior to a 
    Noticeof Proposed Rulemaking (NPRM) and may include Advance Notices 
    ofProposed Rulemaking (ANPRMs) and reviews of existing regulations.

2. Proposed Rule Stage -- actions for which agencies plan to publish a 
    Noticeof Proposed Rulemaking as the next step in their rulemaking 
    processor for which the closing date of the NPRM Comment Period is 
    the nextstep.

3. Final Rule Stage -- actions for which agencies plan to publish a 
    finalrule or an interim final rule or to take other final action as 
    thenext step.

4. Long-Term Actions -- items under development but for which the 
    agency doesnot expect to have a regulatory action within the 12 
    months afterpublication of this edition of the Unified Agenda. Some 
    of the entriesin this section may contain abbreviated information.

5. Completed Actions -- actions or reviews the agency has completed or 
    withdrawnsince publishing its last agenda. This section also 
    includes itemsthe agency began and completed between issues of the 
    Agenda.

    In the Agenda, an agency may use subheadings to identify 
regulations that it has grouped according to particular topics. When 
these subheadings are used, they appear above the title of the first 
regulation in each group.

    A bullet ([sbull]) preceding the title of an entry indicates that 
the entry is appearing in the Unified Agenda for the first time.

    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. This 
sequence number is used as the reference in the table of contents and 
in all indexes to enable readers to find entries. Entries in the Plan 
are also in the Unified Agenda with the same Regulation Identifier 
Number (RIN) but with different sequence numbers. For these entries, 
the Plan sequence number is used as the reference in all indexes.

    This publication contains six indexes.

[sbull] Index A lists regulatory actions for which agencies have 
    indicated that they are conducting a periodic review under section 
    610(c) of the Regulatory Flexibility Act.
[sbull] Index B lists the regulatory actions for which agencies believe 
    that the Regulatory Flexibility Act may require a Regulatory 
    Flexibility Analysis.
[sbull] Index C lists additional regulatory actions for which agencies 
    have chosen to indicate that some impact on small entities is 
    likely even though a Regulatory Flexibility Analysis may not be 
    required.

[[Page 72404]]

[sbull] Index D lists regulatory actions that agencies believe may have 
    effects on levels of government.
[sbull] Index E lists regulatory actions that agencies believe may have 
    federalism implications as defined in Executive Order 13132.
[sbull] Index F is a subject index based on the Federal Register 
    Thesaurus of Indexing Terms.



IV. What Information Appears for Each Entry'

    All entries in the 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, possibly including section 610 review designation. 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.

    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.

     In addition, if a 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, this is indicated under the ``Priority'' 
heading. 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. If the 
agency believes the entry is not subject to the Act, this data element 
will not be printed.

    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 printed in the form 02/00/04 means the agency 
is predicting the month and year the action will take place but not the 
day it will occur. In some instances, agencies may indicate what the 
next action will be, but the date of that action is ``To Be 
Determined.'' ``Next Action Undetermined'' indicates the agency does 
not know what action it will take next.

    Regulatory Flexibility Analysis Required -- whether an analysis is 
required by the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) 
because the rulemaking action is likely to have a significant economic 
impact on a substantial number of small entities as defined by the Act.

    Small Entities Affected -- the types of small entities (businesses, 
governmental jurisdictions, or organizations) on which the rulemaking 
action is likely to have an impact as defined by the Regulatory 
Flexibility Act. Some agencies have chosen to indicate likely effects 
on small entities even though they believe that a Regulatory 
Flexibility Analysis will not be required.

    Government Levels Affected -- whether the action is expected to 
affect levels of government and, if so, whether the governments are 
State, local, tribal, or Federal.

    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.'' 
If the action does not have federalism implications, this data element 
will not be printed. Independent regulatory agencies are not required 
to supply this information.

[[Page 72405]]

    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, e-mail address, 
and TDD for each agency contact.

    Some agencies have provided the following optional information:

    URL for More Information -- the Internet address of a site that 
provides more information about the entry.

    URL for Public Comments -- the Internet address of a site that will 
accept public comments on the entry. Alternatively, timely public 
comments may be submitted at the governmentwide e-rulemaking site, 
http://www.regulations.gov.

    Additional Information -- any information an agency wishes to 
include that does not have a specific 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 RINs associated with 
activity related to this action, such as merged RINs, split RINs, new 
activity for previously completed RINs, or duplicate RINs.

    Entries appearing in The Regulatory Plan include one or more of the 
following additional data elements, but will, at a minimum, include 
information in Statement of Need:

    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 E.O. 
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.

    EO -- 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:

[sbull] a statement of the time, place, and nature of the public 
    rulemaking proceeding;
[sbull] a reference to the legal authority under which the rule is 
    proposed; and
[sbull] either the terms or substance of the proposed rule or a 
    description of the subjects and issues involved.

    PL (or Pub. L.) -- A Public Law is a law passed by Congress and 
signed by the President or enacted over his veto. It has general 
applicability, unlike a private law that applies only to those persons 
or entities specifically designated. Public laws are numbered in 
sequence throughout the 2-year life of each Congress; for example, PL 
108-4 is the fourth public law of the 108th 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 E.O. 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 this publication. Note that a specific regulatory action will have 
the same RIN throughout its development but will generally have 
different sequence numbers in

[[Page 72406]]

different editions of The Regulatory Plan and 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.



VI. How Can Users Get Copies of the Plan and the Agenda`

     Printed 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) 512-1800.

    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 also 
available in electronic form. You can search the Agenda and the Plan 
at:

http://reginfo.gov

    You may also search the Agenda and the Plan on the Government 
Printing Office's GPO Access website at:

http://www.gpoaccess.gov/ua/index.html 

Dated:  December 5, 2003.

Ronald C. Kelly
Executive Director.
