Introduction to the Unified Agenda of Federal Regulatory and Deregulatory Actions

Part II

Regulatory Information Service Center

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Introduction to the Unified Agenda of Federal Regulatory and

Deregulatory Actions

Federal Register / Vol. 75, No. 79 / Monday, April 26, 2010 / Unified

###Agenda

Federal Register / Vol. 75, No. 79 / Monday, April 26, 2010 / Unified

###Agenda

[[Page 21723]]

REGULATORY INFORMATION SERVICE CENTER

Introduction to the Unified Agenda of Federal Regulatory and

Deregulatory Actions

AGENCY: Regulatory Information Service Center.

ACTION: Introduction to the Unified Agenda of Federal Regulatory and

Deregulatory Actions.

_______________________________________________________________________

SUMMARY: 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). 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.

The Unified Agenda of Federal Regulatory and Deregulatory Actions

(Unified Agenda) helps agencies fulfill these requirements. All Federal

regulatory agencies have chosen to publish their regulatory agendas as

part of the Unified Agenda.

Editions of the Unified Agenda prior to fall 2007 were printed in

their entirety in the Federal Register. Beginning with the fall 2007

edition, the Internet is the basic means for conveying Regulatory

Agenda information to the maximum extent legally permissible. The

complete Unified Agenda for spring 2010, which contains the regulatory

agendas for 57 Federal agencies, is available to the public at http://

reginfo.gov.

The spring 2010 Unified Agenda publication appearing in the Federal

Register consists of 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.

ADDRESSES: Regulatory Information Service Center (MI), General Services

Administration, 1800 F Street NW., Suite 3039, Washington, DC 20405.

FOR FURTHER INFORMATION CONTACT: For further information about specific

regulatory actions, please refer to the agency contact listed for each

entry.

To provide comment on or to obtain further information about this

publication, contact: John C. Thomas, Executive Director, Regulatory

Information Service Center (MI), General Services Administration, 1800

F Street NW., Suite 3039, 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 Unified Agenda of Federal Regulatory and

Deregulatory Actions

I. What is the Unified Agenda?.................................. 21723

II. Why is the Unified Agenda Published?........................ 21724

III. How is the Unified Agenda Organized?....................... 21725

IV. What Information Appears for Each Entry?.................... 21726

V. Abbreviations................................................ 21727

VI. How Can Users Get Copies of the Plan and the Agenda?........ 21728

AGENCY AGENDAS

Cabinet Departments

Department of Agriculture....................................... 21729

Department of Commerce.......................................... 21749

Department of Defense........................................... 21773

Department of Energy............................................ 21777

Department of Health and Human Services......................... 21781

Department of Homeland Security................................. 21805

Department of the Interior...................................... 21815

Department of Justice........................................... 21819

Department of Labor............................................. 21823

Department of Transportation.................................... 21839

Department of the Treasury...................................... 21867

Other Executive Agencies

Environmental Protection Agency................................. 21871

General Services Administration................................. 21885

Small Business Administration................................... 21889

Joint Authority

Department of Defense/General Services Administration/National 21899

Aeronautics and Space Administration (Federal Acquisition

Regulation)....................................................

Independent Regulatory Agencies

Federal Communications Commission............................... 21903

Federal Reserve System.......................................... 21949

Federal Trade Commission........................................ 21951

National Credit Union Administration............................ 21955

Nuclear Regulatory Commission................................... 21959

Securities and Exchange Commission.............................. 21963

INTRODUCTION TO THE UNIFIED AGENDA OF FEDERAL REGULATORY AND DEREGULATORY

ACTIONS

I. What Is the Unified Agenda?

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. To further the objective of using modern

technology to deliver better service to the American people for lower

cost, beginning with the fall 2007 edition, the Internet is the basic

means for conveying Regulatory Agenda information to the maximum extent

legally permissible. The complete Unified Agenda is available to the

public at http://reginfo.gov. The online Unified Agenda offers flexible

search tools and will soon offer access to the entire historic Unified

Agenda database.

The spring 2010 Unified Agenda publication appearing in the Federal

Register consists of 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.

[[Page 21724]]

These publication formats meet the publication mandates of the

Regulatory Flexibility Act and Executive Order 12866, as well as move

the Agenda process toward the goal of e-Government, at a substantially

reduced printing cost compared with prior editions. The current format

does not reduce the amount of information available to the public, but

it does limit most of the content of the Agenda to online access. The

complete online edition of the Unified Agenda includes regulatory

agendas from 57 Federal agencies. Agencies of the United States

Congress are not included.

The following agencies have no entries identified for inclusion in

the printed regulatory flexibility agenda. The regulatory agendas of

these agencies are available to the public at http://reginfo.gov.

Department of Education

Department of Housing and Urban Development

Department of State

Department of Veterans Affairs

Agency for International Development

Architectural and Transportation Barriers Compliance Board

Commission on Civil Rights

Commodity Futures Trading Commission

Committee for Purchase From People Who Are Blind or Severely

Disabled

Consumer Product Safety Commission

Corporation for National and Community Service

Court Services and Offender Supervision Agency for the District of

Columbia

Equal Employment Opportunity Commission

Farm Credit Administration

Federal Deposit Insurance Corporation

Federal Energy Regulatory Commission

Federal Housing Finance Agency

Federal Maritime Commission

Federal Mediation and Conciliation Service

Institute of Museum and Library Services

National Aeronautics and Space Administration

National Archives and Records Administration

National Endowment for the Humanities

National Indian Gaming Commission

National Science Foundation

Office of Government Ethics

Office of Management and Budget

Office of Personnel Management

Peace Corps

Pension Benefit Guaranty Corporation

Postal Regulatory Commission

Railroad Retirement Board

Recovery Accountability and Transparency Board

Selective Service System

Social Security Administration

Surface Transportation Board

The Regulatory Information Service Center (the 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. 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

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 Unified Agenda does 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 Is the Unified Agenda Published?

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

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 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 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 a

[[Page 21725]]

regulation 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 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 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 Is the Unified Agenda Organized?

Agency regulatory flexibility agendas are printed in a single daily

edition of the Federal Register. A regulatory flexibility agenda is

printed 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 parts are organized

alphabetically in four groups: Cabinet departments; other executive

agencies; the Federal Acquisition Regulation, a joint authority; and

independent regulatory agencies. Agencies may in turn be divided into

subagencies. 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.

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 whose agendas they want to see. Users have broad

flexibility to specify the characteristics of the entries of interest

to them by choosing the desired responses to individual data fields. To

see a listing of all of an agency's entries, a user can select the

agency without specifying any particular characteristics of entries.

Each entry in the Agenda is associated with one of five rulemaking

stages. The rulemaking stages are:

1. Prerule Stage -- actions agencies will undertake to determine

whether or how to initiate rulemaking. Such actions occur prior to

a Notice of Proposed Rulemaking (NPRM) and may include Advance

Notices of Proposed Rulemaking (ANPRMs) and reviews of existing

regulations.

2. Proposed Rule Stage -- actions for which agencies plan to publish a

Notice of Proposed Rulemaking as the next step in their rulemaking

process or for which the closing date of the NPRM Comment Period is

the next step.

3. Final Rule Stage -- actions for which agencies plan to publish a

final rule or an interim final rule or to take other final action

as the next step.

4. Long-Term Actions -- items under development but for which the

agency does not expect to have a regulatory action within the 12

months after publication of this edition of the Unified Agenda.

Some of the entries in this section may contain abbreviated

information.

5. Completed Actions -- actions or reviews the agency has completed or

withdrawn since publishing its last agenda. This section also

includes items the agency began and completed between issues of the

Agenda.

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

[[Page 21726]]

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 03/00/11 means the

agency is predicting the month and year the action will take place but

not the day it will occur. In some instances, agencies may indicate

what the next action will be, but the date of that action is ``To Be

Determined.'' ``Next Action Undetermined'' indicates the agency does

not know what action it will take next.

Regulatory Flexibility Analysis Required -- whether an analysis is

required by the Regulatory Flexibility Act (5 U.S.C. 601 et seq.)

because the rulemaking action is likely to have a significant economic

impact on a substantial number of small entities as defined by the Act.

Small Entities Affected -- the types of small entities

(businesses, governmental jurisdictions, or organizations) on which the

rulemaking action is likely to have an impact as defined by the

Regulatory Flexibility Act. Some agencies have chosen to indicate

likely effects on small entities even though they believe that a

Regulatory Flexibility Analysis will not be required.

Government Levels Affected -- whether the action is expected to

affect levels of government and, if so, whether the governments are

State, local, tribal, or Federal.

International Impacts -- whether the regulation is expected to

have international trade and investment effects, or otherwise may be of

interest to the Nation's international trading partners.

Federalism -- whether the action has ``federalism implications''

as defined in Executive Order 13132. This term refers to actions ``that

have substantial direct effects on the States, on the relationship

between the national government and the States, or on the distribution

of power and responsibilities among the various levels of government.''

Independent regulatory agencies are not required to supply this

information.

[[Page 21727]]

Included in the Regulatory Plan -- whether the rulemaking was

included in the agency's current regulatory plan published in fall

2009.

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:

RIN Information URL -- the Internet address of a site that provides

more information about the entry.

Public Comment URL -- the Internet address of a site that will

accept public comments on the entry. Alternatively, timely public

comments may be submitted at the governmentwide e-rulemaking site,

http://www.regulations.gov.

Additional Information -- any information an agency wishes to

include that does not have a specific corresponding data element.

Compliance Cost to the Public -- the estimated gross compliance

cost of the action.

Affected Sectors -- the industrial sectors that the action may

most affect, either directly or indirectly. Affected sectors are

identified by North American Industry Classification System (NAICS)

codes.

Energy Effects -- an indication of whether the agency has prepared

or plans to prepare a Statement of Energy Effects for the action, as

required by Executive Order 13211 ``Actions Concerning Regulations That

Significantly Affect Energy Supply, Distribution, or Use,'' signed May

18, 2001 (66 FR 28355).

Related RINs -- one or more past or current RIN(s) associated with

activity related to this action, such as merged RINs, split RINs, new

activity for previously completed RINs, or duplicate RINs.

Some agencies that participated in the fall 2009 edition of The

Regulatory Plan have chosen to include the following information for

those entries that appeared in the Plan:

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.

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:

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 (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

110-4 is the fourth public law of the 110th 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 Unified Agenda, as directed by Executive Order

12866 (section 4(b)). Additionally, OMB has asked agencies to include

RINs in the headings of their Rule and Proposed Rule documents when

publishing them in the Federal Register, to make it easier for the

public and agency officials to track the publication history of

regulatory actions throughout their development.

[[Page 21728]]

Seq. No. -- The sequence number identifies the location of an

entry in the printed edition of 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

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, each title covering a broad area of Federal

law.

VI. How Can Users Get Copies of the Agenda?

Copies of the Federal Register issue containing the printed edition

of the Unified Agenda (agency regulatory flexibility agendas) are

available from the Superintendent of Documents, U.S. Government

Printing Office, P.O. Box 371954, Pittsburgh, PA 15250-7954. Telephone:

(202) 512-1800 or 1-866-512-1800 (toll-free).

Copies of individual agency materials may be available directly

from the agency or may be found on the agency's website. Please contact

the particular agency for further information.

All editions of The Regulatory Plan and the Unified Agenda of

Federal Regulatory and Deregulatory Actions since fall 1995 are

available in electronic form at http://reginfo.gov, along withflexible

search tools. During 2010, searchable access to the entire historic

Unified Agenda database back to 1983 will be added to the site.

In accordance with regulations for the Federal Register, the

Government Printing Office's GPO Access website contains copies of the

Agendas and Regulatory Plans that have been printed in the Federal

Register. These documents are available at http://www.gpoaccess.gov/ua/

index.html.

Dated: April 7, 2010.

John C. Thomas,

Executive Director.

[FR Doc. 2010-9118 Filed 04-23-10;8:45 am]

BILLING CODE 6820-27-S