# Introduction to the Unified Agenda of Federal Regulatory and Deregulatory Actions > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/fr%3A2013-29627 ## Record - **Collection:** Federal Register - **Document type:** Proposed Rule - **Published:** January 7, 2014 - **Citation:** 79 FR 896 ## Text 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 incorporated in Executive Order 13563, “Improving Regulation and Regulatory Review” issued on January 18, 2011 (76 FR 3821) establish guidelines and procedures 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. The complete 2013 Unified Agenda and Regulatory Plan, which contains the regulatory agendas for 60 Federal agencies, is available to the public at http://reginfo.gov . The 2013 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 (MVE), General Services Administration, 1800 F Street NW., 2219F, Washington, DC 20405. FOR FURTHER INFORMATION CONTACT: For further information about specific regulatory actions, please refer to the agency contact listed for each entry. To provide comment on or to obtain further information about this publication, contact: John C. Thomas, Executive Director, Regulatory Information Service Center (MVE), General Services Administration, 1800 F Street NW., 2219F, Washington, DC 20405, (202) 482-7340. You may also send comments to us by email at: RISC@gsa.gov . SUPPLEMENTARY INFORMATION: Table of Contents Introduction to the Regulatory Plan and the Unified Agenda of Federal Regulatory and Deregulatory Actions I. What are the Regulatory Plan and the Unified Agenda? II. Why are the Regulatory Plan and the Unified Agenda published? III. How are the Regulatory Plan and the Unified Agenda organized? IV. What information appears for each entry? V. Abbreviations VI. How can users get copies of the Plan and the Agenda? Introduction to the Fall 2013 Regulatory Plan Agency Regulatory Plans Cabinet Departments Department of Agriculture Department of Commerce Department of Defense Department of Education Department of Energy Department of Health and Human Services Department of Homeland Security Department of Housing and Urban Development Department of the Interior Department of Justice Department of Labor Department of Transportation Department of the Treasury Department of Veterans Affairs Other Executive Agencies Architectural and Transportation Barriers Compliance Board Environmental Protection Agency Equal Employment Opportunity Commission General Services Administration National Aeronautics and Space Administration National Archives and Records Administration Office of Personnel Management Pension Benefit Guaranty Corporation Small Business Administration Social Security Administration Independent Regulatory Agencies Consumer Financial Protection Bureau Consumer Product Safety Commission Federal Trade Commission National Indian Gaming Commission Nuclear Regulatory Commission Agency Agendas Cabinet Departments Department of Agriculture Department of Commerce Department of Defense Department of Education Department of Energy Department of Health and Human Services Department of Homeland Security Department of the Interior Department of Justice Department of Labor Department of Transportation Department of the Treasury Other Executive Agencies Architectural and Transportation Barriers Compliance Board Environmental Protection Agency General Services Administration National Aeronautics and Space Administration Small Business Administration Joint Authority Department of Defense/General Services Administration/National Aeronautics and Space Administration (Federal Acquisition Regulation) Independent Regulatory Agencies Consumer Financial Protection Bureau Federal Communications Commission Federal Deposit Insurance Corporation Federal Reserve System Nuclear Regulatory Commission Securities and Exchange Commission 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 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 became 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 access to the historic Unified Agenda database to 1995. The 2013 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 . These publication formats meet the publication mandates of the Regulatory Flexibility Act and Executive Order 12866 (incorporated in Executive Order 13563), as well as move the Agenda process toward the goal of online availability, at a substantially reduced printing cost. The current online format does not reduce the amount of information available to the public. The complete online edition of the Unified Agenda includes regulatory agendas from 60 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. An asterisk (*) indicates agencies that appear in The Regulatory Plan. The regulatory agendas of these agencies are available to the public at http://reginfo.gov . Department of Housing and Urban Development * Department of State Department of Veterans Affairs* Agency for International Development Commission on Civil Rights Committee for Purchase From People Who Are Blind or Severely Disabled Corporation for National and Community Service Court Services and Offender Supervision Agency for the District of Columbia Equal Employment Opportunity Commission * Institute of Museum and Library Services National Archives and Records Administration * National Endowment for the Arts National Endowment for the Humanities National Science Foundation Office of Government Ethics Office of Management and Budget Office of Personnel Management * Peace Corps Pension Benefit Guaranty Corporation * Privacy and Civil Liberties Oversight Board Railroad Retirement Board Social Security Administration * Commodity Futures Trading Commission Consumer Product Safety Commission* Farm Credit Administration Federal Energy Regulatory Commission Federal Housing Finance Agency Federal Maritime Commission Federal Trade Commission * National Credit Union Administration National Indian Gaming Commission * National Labor Relations Board Postal Regulatory Commission Recovery Accountability and Transparency Board Surface Transportation Board The Regulatory Information Service Center compiles the Unified Agenda for the Office of Information and Regulatory Affairs (OIRA), part of the Office of Management and Budget. OIRA is responsible for overseeing the Federal Government's regulatory, paperwork, and information resource management activities, including implementation of Executive Order 12866. The Center also provides information about Federal regulatory activity to the President and his Executive Office, the Congress, agency officials, and the public. The activities included in the Agenda are, in general, those that will have a regulatory action within the next 12 months. Agencies may choose to include activities that will have a longer timeframe than 12 months. Agency agendas also show actions or reviews completed or withdrawn since the last Unified Agenda. Executive Order 12866 does not require agencies to include regulations concerning military or foreign affairs functions or regulations related to agency organization, management, or personnel matters. Agencies prepared entries for this publication to give the public notice of their plans to review, propose, and issue regulations. They have tried to predict their activities over the next 12 months as accurately as possible, but dates and schedules are subject to change. Agencies may withdraw some of the regulations now under development, and they may issue or propose other regulations not included in their agendas. Agency actions in the rulemaking process may occur before or after the dates they have listed. The 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 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. Executive Order 13563 Executive Order 13563 entitled “Improving Regulation and Regulatory Review,” signed January 18, 2011, supplements and reaffirms the principles, structures, and definitions governing contemporary regulatory review that were established in Executive Order 12866, which includes the general principles of regulation and public participation, and orders integration and innovation in coordination across agencies; flexible approaches where relevant, feasible, and consistent with regulatory approaches; scientific integrity in any scientific or technological information and processes used to support the agencies' regulatory actions; and retrospective analysis of existing regulations. 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 sub-agencies. 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. Long-Term Actions are rulemakings reported during the publication cycle that are outside of the required 12-month reporting period for which the Agenda was intended. Completed Actions in the publication cycle are rulemakings that are ending their lifecycle either by Withdrawal or completion of the rulemaking process. Therefore, the Long-Term and Completed RINs do not represent the ongoing, forward-looking nature intended for reporting developing rulemakings in the Agenda pursuant to Executive Order 12866, section 4(b) and 4(c). To further differentiate these two stages of rulemaking in the Unified Agenda from active rulemakings, Long-Term and Completed Actions are reported separately from active rulemakings, which can be any of the first three stages of rulemaking listed above. A separate search function is provided on http://reginfo.gov to search for Completed and Long-Term Actions apart from each other and active RINs. A bullet (•) preceding the title of an entry indicates that the entry is appearing in the Unified Agenda for the first time. In the printed edition, all entries are numbered sequentially from the beginning to the end of the publication. The sequence number preceding the title of each entry identifies the location of the entry in this edition. The sequence number is used as the reference in the printed table of contents. Sequence numbers are not used in the online Unified Agenda because the unique Regulation Identifier Number (RIN) is able to provide this cross-reference capability. Editions of the Unified Agenda prior to fall 2007 contained several indexes, which identified entries with various characteristics. These included regulatory actions for which agencies believe that the Regulatory Flexibility Act may require a Regulatory Flexibility Analysis, actions selected for periodic review under section 610(c) of the Regulatory Flexibility Act, and actions that may have federalism implications as defined in Executive Order 13132 or other effects on levels of government. These indexes are no longer compiled, because users of the online Unified Agenda have the flexibility to search for entries with any combination of desired characteristics. The online edition retains the Unified Agenda's subject index based on the Federal Register Thesaurus of Indexing Terms. In addition, online users have the option of searching Agenda text fields for words or phrases. IV. What information appears for each entry? All entries in the online Unified Agenda contain uniform data elements including, at a minimum, the following information: Title of the Regulation —a brief description of the subject of the regulation. In the printed edition, the notation “Section 610 Review” following the title indicates that the agency has selected the rule for its periodic review of existing rules under the Regulatory Flexibility Act (5 U.S.C. 610(c)). Some agencies have indicated completions of section 610 reviews or rulemaking actions resulting from completed section 610 reviews. In the online edition, these notations appear in a separate field. Priority —an indication of the significance of the regulation. Agencies assign each entry to one of the following five categories of significance. (1) Economically Significant As defined in Executive Order 12866, a rulemaking action that will have an annual effect on the economy of $100 million or more or will adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or State, local, or tribal governments or communities. The definition of an “economically significant” rule is similar but not identical to the definition of a “major” rule under 5 U.S.C. 801 (Pub. L. 104-121). (See below.) (2) Other Significant A rulemaking that is not Economically Significant but is considered Significant by the agency. This category includes rules that the agency anticipates will be reviewed under Executive Order 12866 or rules that are a priority of the agency head. These rules may or may not be included in the agency's regulatory plan. (3) Substantive, Nonsignificant A rulemaking that has substantive impacts but is neither Significant, nor Routine and Frequent, nor Informational/Administrative/Other. (4) Routine and Frequent A rulemaking that is a specific case of a multiple recurring application of a regulatory program in the Code of Federal Regulations and that does not alter the body of the regulation. (5) Informational/Administrative/Other A rulemaking that is primarily informational or pertains to agency matters not central to accomplishing the agency's regulatory mandate but that the agency places in the Unified Agenda to inform the public of the activity. Major —whether the rule is “major” under 5 U.S.C. 801 (Pub. L. 104-121) because it has resulted or is likely to result in an annual effect on the economy of $100 million or more or meets other criteria specified in that Act. The Act provides that the Administrator of the Office of Information and Regulatory Affairs will make the final determination as to whether a rule is major. Unfunded Mandates —whether the rule is covered by section 202 of the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4). The Act requires that, before issuing an NPRM likely to result in a mandate that may result in expenditures by State, local, and tribal governments, in the aggregate, or by the private sector of more than $100 million in 1 year, agencies, other than independent regulatory agencies, shall prepare a written statement containing an assessment of the anticipated costs and benefits of the Federal mandate. Legal Authority —the section(s) of the United States Code (U.S.C.) or Public Law (Pub. L.) or the Executive order (E.O.) that authorize(s) the regulatory action. Agencies may provide popular name references to laws in addition to these citations. CFR Citation —the section(s) of the Code of Federal Regulations that will be affected by the action. Legal Deadline —whether the action is subject to a statutory or judicial deadline, the date of that deadline, and whether the deadline pertains to an NPRM, a Final Action, or some other action. Abstract —a brief description of the problem the regulation will address; the need for a Federal solution; to the extent available, alternatives that the agency is considering to address the problem; and potential costs and benefits of the action. Timetable —the dates and citations (if available) for all past steps and a projected date for at least the next step for the regulatory action. A date displayed in the form 12/00/12 means the agency is predicting the month and year the action will take place but not the day it will occur. In some instances, agencies may indicate what the next action will be, but the date of that action is “To Be Determined.” “Next Action Undetermined” indicates the agency does not know what action it will take next. Regulatory Flexibility Analysis Required —whether an analysis is required by the Regulatory Flexibility Act (5 U.S.C. 601 et seq. ) because the rulemaking action is likely to have a significant economic impact on a substantial number of small entities as defined by the Act. Small Entities Affected —the types of small entities (businesses, governmental jurisdictions, or organizations) on which the rulemaking action is likely to have an impact as defined by the Regulatory Flexibility Act. Some agencies have chosen to indicate likely effects on small entities even though they believe that a Regulatory Flexibility Analysis will not be required. Government Levels Affected —whether the action is expected to affect levels of government and, if so, whether the governments are State, local, tribal, or Federal. International Impacts —whether the regulation is expected to have international trade and investment effects, or otherwise may be of interest to the Nation's international trading partners. Federalism —whether the action has “federalism implications” as defined in Executive Order 13132. This term refers to actions “that have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government.” Independent regulatory agencies are not required to supply this information. Included in the Regulatory Plan —whether the rulemaking was included in the agency's current regulatory plan published in fall 2013. Agency Contact —the name and phone number of at least one person in the agency who is knowledgeable about the rulemaking action. The agency may also provide the title, address, fax number, email address, and TDD for each agency contact. Some agencies have provided the following optional information: RIN Information URL —the Internet address of a site that provides more information about the entry. Public Comment URL —the Internet address of a site that will accept public comments on the entry. Alternatively, timely public comments may be submitted at the Governmentwide e- rulemaking site, http://www.regulations.gov. Additional Information —any information an agency wishes to include that does not have a specific corresponding data element. Compliance Cost to the Public —the estimated gross compliance cost of the action. Affected Sectors —the industrial sectors that the action may most affect, either directly or indirectly. Affected sectors are identified by North American Industry Classification System (NAICS) codes. Energy Effects —an indication of whether the agency has prepared or plans to prepare a Statement of Energy Effects for the action, as required by Executive Order 13211 “Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use,” signed May 18, 2001 (66 FR 28355). Related RINs —one or more past or current RIN(s) associated with activity related to this action, such as merged RINs, split RINs, new activity for previously completed RINs, or duplicate RINs. Some agencies that participated in the 2013 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, Pub. L. 112-4 is the fourth public law of the 112th Congress. RFA —A Regulatory Flexibility Analysis is a description and analysis of the impact of a rule on small entities, including small businesses, small governmental jurisdictions, and certain small not-for-profit organizations. The Regulatory Flexibility Act (5 U.S.C. 601 et seq. ) requires each agency to prepare an initial RFA for public comment when it is required to publish an NPRM and to make available a final RFA when the final rule is published, unless the agency head certifies that the rule would not have a significant economic impact on a substantial number of small entities. RIN —The Regulation Identifier Number is assigned by the Regulatory Information Service Center to identify each regulatory action listed in the Unified Agenda, as directed by Executive Order 12866 (section 4(b)). Additionally, OMB has asked agencies to include RINs in the headings of their Rule and Proposed Rule documents when publishing them in the Federal Register , to make it easier for the public and agency officials to track the publication history of regulatory actions throughout their development. Seq. No. —The sequence number identifies the location of an entry in the printed edition of the Unified Agenda. Note that a specific regulatory action will have the same RIN throughout its development but will generally have different sequence numbers if it appears in different printed editions of the Unified Agenda. Sequence numbers are not used in the online Unified Agenda. U.S.C. —The United States Code is a consolidation and codification of all general and permanent laws of the United States. The U.S.C. is divided into 50 titles, each title covering a broad area of Federal law. VI. How can users get copies of the 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 Web site. Please contact the particular agency for further information. All editions of The Regulatory Plan and the Unified Agenda of Federal Regulatory and Deregulatory Actions since fall 1995 are available in electronic form at http://reginfo.gov, along with flexible search tools. In accordance with regulations for the Federal Register , the Government Printing Office's GPO FDsys Web site contains copies of the Agendas and Regulatory Plans that have been printed in the Federal Register . These documents are available at http://www.fdsys.gov. Dated: November 26, 2013. John C. Thomas, Executive Director. Introduction to the 2013 Unified Regulatory Agenda and Regulatory Plan Executive Order 12866, issued in 1993, requires the production of a Unified Regulatory Agenda and Regulatory Plan. Executive Order 13563, issued in 2011, reaffirmed the requirements of Executive Order 12866. Consistent with Executive Orders 12866 and 13563, the Office of Information and Regulatory Affairs is providing the Unified Regulatory Agenda (Agenda) and the Regulatory Plan (Plan) for public review. The Agenda and Plan are a preliminary statement of regulatory and deregulatory policies and priorities under consideration. The Agenda and Plan includes “active rulemakings” that have at least some possibility of issuance over the next year, but, as in previous years, this list may include rules that are not issued in the coming year. The public examination of the Agenda and Plan will help ensure a regulatory system that, in the words of Executive Order 13563, protects “public health, welfare, safety, and our environment while promoting economic growth, innovation, competitiveness, and job creation.” The Plan provides a list of important regulatory actions that are now under contemplation for issuance in proposed or final form during the upcoming fiscal year. In contrast, the Agenda is a more inclusive list, including numerous ministerial actions and routine rulemakings, as well as long-term initiatives that agencies do not plan to complete in the coming year. A central purpose of the Agenda is to involve the public, including State, local, and tribal officials, in federal regulatory planning. We emphasize that rules listed on the Agenda must still undergo significant development and scrutiny, both within the agencies and externally, before they are issued. No regulatory action can become effective until it has gone through legally required processes, which generally include public review and comment. Any proposed or final action must also satisfy the requirements of relevant statutes, Executive Orders, and Presidential Memoranda. Those requirements, public comments, and new information may or may not lead an agency to go forward with an action that is currently under contemplation and that is included here. For example, the directives of Executive Order 13563, emphasizing the importance of careful consideration of costs and benefits, may lead an agency to decline to proceed with a previously contemplated regulatory action. Whether a regulation is listed on the Agenda as “economically significant” within the meaning of Executive Order 12866 (generally, having an annual effect on the economy of $100 million or more) is not an adequate measure of whether it imposes high costs on the private sector. Economically significant actions may impose small costs or even no costs. For example, regulations may count as economically significant because they confer large benefits or remove significant burdens. Moreover, many regulations count as economically significant not because they impose significant regulatory costs on the private sector, but because they involve transfer payments as required or authorized by law. For example, the Department of Health and Human Services issues regulations on an annual basis, pursuant to statute, to govern how Medicare payments are increased each year. These regulations effectively authorize transfers of billions of dollars to hospitals and other health care providers each year. Executive Order 13563 explicitly points to the need for predictability and for certainty, as well as for use of the least burdensome tools for achieving regulatory ends. It indicates that agencies “must take into account benefits and costs, both quantitative and qualitative.” It explicitly draws attention to the need to measure and to improve “the actual results of regulatory requirements”—a clear reference to the importance of retrospective evaluation. Executive Order 13563 reaffirms the principles, structures, and definitions in Executive Order 12866, which has long governed regulatory review. In addition, it endorses, and quotes, a number of provisions of Executive Order 12866 that specifically emphasize the importance of considering costs—including the requirement that to the extent permitted by law, agencies should not proceed with rulemaking in the absence of a reasoned determination that the benefits justify the costs. Importantly, Executive Order 13563 directs agencies “to use the best available techniques to quantify anticipated present and future benefits and costs as accurately as possible.” This direction reflects a strong emphasis on quantitative analysis as a means of improving regulatory choices and increasing transparency. Among other things, Executive Order 13563 sets out five sets of requirements to guide agency regulatory decision making: • Public participation. Agencies are directed to promote public participation, in part by making supporting documents available on Regulations.gov to promote transparency and public comment. Executive Order 13563 also directs agencies, where feasible and appropriate, to engage the public, including affected stakeholders, before rulemaking is initiated. • Integration and innovation. Agencies are directed to attempt to reduce “redundant, inconsistent, or overlapping” requirements, in part by working with one another to simplify and harmonize rules. This important provision is designed to reduce confusion, redundancy, and excessive cost. An important goal of simplification and harmonization is to promote rather than to hamper innovation, which is a foundation of both growth and job creation. Different offices within the same agency might work together to harmonize their rules; different agencies might work together to achieve the same objective. Such steps can also promote predictability and certainty. • Flexible approaches. Agencies are directed to identify and consider flexible approaches to regulatory problems, including warnings, appropriate default rules, and disclosure requirements. Such approaches may “reduce burdens and maintain flexibility and freedom of choice for the public.” In certain settings, they may be far preferable to mandates and bans, precisely because they maintain freedom of choice and reduce costs. The reference to “appropriate default rules” signals the possibility that important social goals can be obtained through simplification—as, for example, in the form of automatic enrollment, direct certification, or reduced paperwork burdens. • Science. Agencies are directed to promote scientific integrity, and in a way that ensures a clear separation between judgments of science and judgments of policy. • Retrospective analysis of existing rules. Agencies are directed to produce preliminary plans to engage in retrospective analysis of existing significant regulations to determine whether they should be modified, streamlined, expanded, or repealed. Executive Order 13610, Identifying and Reducing Regulatory Burdens, issued in 2012, institutionalizes the “look back” mechanism set out in Executive Order 13563, by requiring agencies to report to OMB and the public twice each year (January and July) on the status of their retrospective review efforts, to “describe progress, anticipated accomplishments, and proposed timelines for relevant actions.” (See below for additional details on Executive Order 13610.) Executive Order 13563 addresses new regulations that are under development and existing regulations that are already in place. With respect to agencies' review of existing regulations, the Executive Order calls for careful reassessment, based on empirical analysis. The prospective analysis required by Executive Order 13563 may depend on a degree of prediction and speculation about likely impacts, and that the actual costs and benefits of a regulation may be lower or higher than what was anticipated when the rule was originally developed. In addition, circumstances may change in a way that requires reconsideration of regulatory requirements. As retrospective or “look back” analysis is undertaken, agencies will be in a position to reevaluate existing rules and to streamline, modify, or eliminate those that do not make sense in their current form. The regulatory look back is an ongoing exercise, and regular reporting about recent progress and coming initiatives is required. In August 2011, over two dozen agencies developed plans to remove what the President called unjustified rules and “absurd and unnecessary paperwork requirements that waste time and money.” The plans include over 500 initiatives that will reduce costs, simplify the system, and eliminate redundancy and inconsistency—which means many billions of dollars in savings for American businesses. Already, the Administration is on track to save more than $10 billion dollars in the near term, with far more savings to come. In July 2013, agencies submitted to OIRA their latest updates of their retrospective review plans, pursuant to Executive Orders 13563 and 13610. Many of the initiatives highlighted in the updated plans benefit small businesses. Federal agencies will update their retrospective review plans this winter. We have asked agencies to emphasize regulatory look backs in their latest Regulatory Plans. The goal is to change the regulatory culture to ensure that rules on the books are reevaluated and are effective, cost-justified, and based on the best available science. By creating regulatory review teams at agencies, we will continue to examine what is working and what is not, and to eliminate unjustified and outdated regulations. In May 2012 President Obama issued Executive Order 13609, “Promoting International Regulatory Cooperation,” which emphasizes the importance of international regulatory cooperation as a key tool for eliminating unnecessary differences in regulation between the United States and its major trading partners which, in turn, supports economic growth, job creation, innovation, trade and investment, while also protecting public health, safety, and welfare. Among other things, the Executive Order provides that agencies that are required to submit a Regulatory Plan must “include in that plan a summary of its international regulatory cooperation activities that are reasonably anticipated to lead to significant regulations, with an explanation of how these activities advance the purposes of Executive Order 13563” and Executive Order 13609. Further, the Executive Order requires agencies to “ensure that significant regulations that the agency identifies as having significant international impacts are designated as such” in the Agenda. Additionally, as part of the regulatory look back initiative, Executive Order 13609 requires agencies to “consider reforms to existing significant regulations that address unnecessary differences in regulatory requirements between the United States and its major trading partners . . . when stakeholders provide adequate information to the agency establishing that the differences are unnecessary.” The implementation of Executive Order 13609 and 13610 will further strengthen the emphasis that Executive Order 13563 has placed on careful consideration of costs and benefits, public participation, integration and innovation, flexible approaches, and science. These requirements are meant to produce a regulatory system that draws on recent learning, that is driven by evidence, and that is suited to the distinctive circumstances of the twenty-first century. Department of Agriculture Sequence No. Title Regulation Identifier No. Rulemaking stage 1 National Organic Program, Origin of Livestock, NOP-11-0009 0581-AD08 Proposed Rule Stage. 2 Environmental Compliance and Related Concerns 0560-AH02 Proposed Rule Stage. 3 Agriculture Priorities and Allocations Systems 0560-AH68 Final Rule Stage. 4 Viruses, Serums, Toxins, and Analogous Products; Single Label Claim for Veterinary Biological Products 0579-AD64 Proposed Rule Stage. 5 Brucellosis and Bovine Tuberculosis; Update of General Provisions 0579-AD65 Proposed Rule Stage. 6 Establishing a Performance Standard for Authorizing the Importation and Interstate Movement of Fruits and Vegetables 0579-AD71 Proposed Rule Stage. 7 User Fees for Agricultural Quarantine and Inspection Services 0579-AD77 Proposed Rule Stage. 8 Civil Rights Compliance Requirements 0575-AA83 Proposed Rule Stage. 9 Loan Packager Certification 0575-AC88 Proposed Rule Stage. 10 Child Nutrition Program Integrity 0584-AE08 Proposed Rule Stage. 11 Child and Adult Care Food Program: Meal Pattern Revisions Related to the Healthy, Hunger-Free Kids Act of 2010 0584-AE18 Proposed Rule Stage. 12 Enhancing Retailer Eligibility Standards in SNAP 0584-AE27 Proposed Rule Stage. 13 Special Supplemental Nutrition Program for Women, Infants, and Children (WIC): Revisions in the WIC Food Packages 0584-AD77 Final Rule Stage. 14 Eligibility, Certification, and Employment and Training Provisions of the Food, Conservation, and Energy Act of 2008 0584-AD87 Final Rule Stage. 15 Records to be Kept by Official Establishments and Retail Stores That Grind Raw Beef Products 0583-AD46 Proposed Rule Stage. 16 Modernization of Poultry Slaughter Inspection 0583-AD32 Final Rule Stage. 17 Electronic Export Application and Certification as a Reimbursable Service and Flexibility in the Requirements for Official Export Inspection Marks, Devices, and Certificates 0583-AD41 Final Rule Stage. 18 Common or Usual Name for Raw Meat and Poultry Products Containing Added Solutions 0583-AD43 Final Rule Stage. 19 Descriptive Designation for Needle- or Blade-Tenderized (Mechanically Tenderized) Beef Products 0583-AD45 Final Rule Stage. 20 Forest Service Manual 2020—Ecological Restoration and Resilience Policy 0596-AC82 Proposed Rule Stage. 21 Land Management Planning Rule Policy 0596-AD06 Final Rule Stage. 22 Nondiscrimination in Programs or Activities Conducted by the United States Department of Agriculture 0503-AA52 Proposed Rule Stage. 23 Business and Industry (B&I) Guaranteed Loan Program 0570-AA85 Proposed Rule Stage. 24 Rural Energy for America Program 0570-AA76 Final Rule Stage. 25 BioPreferred Program Guidelines Revisions 0599-AA18 Final Rule Stage. Department of Defense Sequence No. Title Regulation Identifier No. Rulemaking stage 26 Defense Industrial Base (DIB) Cyber Security/Information Assurance (CS/IA) Activities; Amendment 0790-AJ14 Proposed Rule Stage. 27 Service Academies 0790-AI19 Final Rule Stage. 28 Sexual Assault Prevention and Response Program Procedures 0790-AI36 Final Rule Stage. 29 Operational Contract Support 0790-AI48 Final Rule Stage. 30 Mission Compatibility Evaluation Process 0790-AI69 Final Rule Stage. 31 Child Development Programs (CDPs) 0790-AI81 Final Rule Stage. 32 Voluntary Education Programs 0790-AJ06 Final Rule Stage. 33 Safeguarding Unclassified Controlled Technical Information (DFARS Case 2011-D039) 0750-AG47 Final Rule Stage. 34 Requirements Relating to Supply Chain Risk (DFARS Case 2012-D050) 0750-AH96 Final Rule Stage. 35 Enhancement of Contractor Employee Whistleblower Protections (DFARS Case 2013-D010) 0750-AH97 Final Rule Stage. 36 Allowability of Legal Costs for Whistleblower Proceedings (DFARS Case 2013-D022) 0750-AI04 Final Rule Stage. 37 TRICARE; Reimbursement of Long Term Care Hospitals 0720-AB47 Proposed Rule Stage. 38 TRICARE: Certified Mental Health Counselors 0720-AB55 Final Rule Stage. 39 CHAMPUS/TRICARE: Pilot Program for Refills of Maintenance Medications for TRICARE For Life Beneficiaries Through the TRICARE Mail Order Program 0720-AB60 Final Rule Stage. Department of Education Sequence No. Title Regulation Identifier No. Rulemaking stage 40 Gainful Employment 1840-AD15 Proposed Rule Stage. Department of Energy Sequence No. Title Regulation identifier No. Rulemaking stage 41 Energy Conservation Standards for Walk-In Coolers and Walk-In Freezers 1904-AB86 Proposed Rule Stage. 42 Energy Efficiency Standards for Metal Halide Lamp Fixtures 1904-AC00 Proposed Rule Stage. 43 Energy Efficiency Standards for Manufactured Housing 1904-AC11 Proposed Rule Stage. 44 Energy Conservation Standards for Commercial Refrigeration Equipment 1904-AC19 Proposed Rule Stage. 45 Energy Conservation Standards for Residential Furnace Fans 1904-AC22 Proposed Rule Stage. 46 Energy Efficiency Standards for Certain Commercial and Industrial Electric Motors 1904-AC28 Proposed Rule Stage. 47 Energy Efficiency Standards for Battery Chargers and External Power Supplies 1904-AB57 Final Rule Stage. Department of Health and Human Services Sequence No. Title Regulation Identifier No. Rulemaking stage 48 HIPAA Privacy Rule and the National Instant Criminal Background Check System (NICS) 0945-AA05 Proposed Rule Stage. 49 Food Labeling; Revision of the Nutrition and Supplement Facts Labels 0910-AF22 Proposed Rule Stage. 50 Food Labeling: Serving Sizes of Foods That Can Reasonably Be Consumed At One-Eating Occasion; Dual-Column Labeling; Updating, Modifying, and Establishing Certain RACCs 0910-AF23 Proposed Rule Stage. 51 Current Good Manufacturing Practice, Hazard Analysis, and Risk-Based Preventive Controls for Food for Animals 0910-AG10 Proposed Rule Stage. 52 “Tobacco Products” Subject to the Federal Food, Drug, and Cosmetic Act, as Amended by the Family Smoking Prevention and Tobacco Control Act 0910-AG38 Proposed Rule Stage. 53 Reports of Distribution and Sales Information for Antimicrobial Active Ingredients Used in Food-Producing Animals 0910-AG45 Proposed Rule Stage. 54 Revision of Postmarketing Reporting Requirements Discontinuance or Interruption in Supply of Certain Products (Drug Shortages) 0910-AG88 Proposed Rule Stage. 55 Supplemental Applications Proposing Labeling Changes for Approved Drugs and Biological Products 0910-AG94 Proposed Rule Stage. 56 Veterinary Feed Directive 0910-AG95 Proposed Rule Stage. 57 Food Labeling: Calorie Labeling of Articles of Food Sold in Vending Machines 0910-AG56 Final Rule Stage. 58 Food Labeling: Nutrition Labeling of Standard Menu Items in Restaurants and Similar Retail Food Establishments 0910-AG57 Final Rule Stage. 59 Fire Safety Requirements for Certain Health Care Facilities (CMS-3277-P) 0938-AR72 Proposed Rule Stage. 60 Durable Medical Equipment, Prosthetics, Orthotics, and Supplies (DMEPOS): Special Payment Rules (CMS-6012-P) 0938-AR84 Proposed Rule Stage. 61 Eligibility, Enrollment, and Appeals Updates (CMS-9949-P) 0938-AS02 Proposed Rule Stage. 62 Hospital Inpatient Prospective Payment System for Acute Care Hospitals and the Long-Term Care Hospital Prospective Payment System and Fiscal Year 2015 Rates (CMS-1607-P) 0938-AS11 Proposed Rule Stage. 63 CY 2015 Revisions to Payment Policies under the Physician Fee Schedule and Other Revisions to Medicare Part B (CMS-1612-P) 0938-AS12 Proposed Rule Stage. 64 CY 2015 Hospital Outpatient Prospective Payment System (PPS) Policy Changes and Payment Rates, and CY 2015 Ambulatory Surgical Center Payment System Policy Changes and Payment Rates (CMS-1613-P) 0938-AS15 Proposed Rule Stage. 65 CLIA Programs and HIPAA Privacy Rule; Patients' Access to Test Reports (CMS-2319-F) 0938-AQ38 Final Rule Stage. 66 Head Start Eligibility Determination 0970-AC46 Final Rule Stage. 67 Child Care and Development Fund Reforms to Support Child Development and Working Families 0970-AC53 Final Rule Stage. Department of Homeland Security Sequence No. Title Regulation Identifier No. Rulemaking stage 68 Ammonium Nitrate Security Program 1601-AA52 Final Rule Stage. 69 Asylum and Withholding Definitions 1615-AA41 Proposed Rule Stage. 70 Exception to the Persecution Bar for Asylum, Refugee, and Temporary Protected Status, and Withholding of Removal 1615-AB89 Proposed Rule Stage. 71 Employment Authorization for Certain H-4 Dependent Spouses 1615-AB92 Proposed Rule Stage. 72 Application of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 to Unaccompanied Alien Children Seeking Asylum 1615-AB96 Proposed Rule Stage. 73 Administrative Appeals Office: Procedural Reforms To Improve Efficiency 1615-AB98 Proposed Rule Stage. 74 Enhancing Opportunities for H-1B1, CW-1, and E-3 Nonimmigrants and EB-1 Immigrants 1615-AC00 Proposed Rule Stage. 75 Classification for Victims of Severe Forms of Trafficking in Persons; Eligibility for T Nonimmigrant Status 1615-AA59 Final Rule Stage. 76 New Classification for Victims of Criminal Activity; Eligibility for the U Nonimmigrant Status 1615-AA67 Final Rule Stage. 77 Application of Immigration Regulations to the Commonwealth of the Northern Mariana Islands 1615-AB77 Final Rule Stage. 78 Implementation of the 1995 Amendments to the International Convention on Standards of Training, Certification, and Watchkeeping (STCW) for Seafarers, 1978 1625-AA16 Final Rule Stage. 79 Vessel Requirements for Notices of Arrival and Departure, and Automatic Identification System 1625-AA99 Final Rule Stage. 80 Transportation Worker Identification Credential (TWIC); Card Reader Requirements 1625-AB21 Final Rule Stage. 81 Offshore Supply Vessels of at Least 6000 GT ITC 1625-AB62 Final Rule Stage. 82 Importer Security Filing and Additional Carrier Requirements 1651-AA70 Final Rule Stage. 83 Changes to the Visa Waiver Program To Implement the Electronic System for Travel Authorization (ESTA) Program 1651-AA72 Final Rule Stage. 84 Implementation of the Guam-CNMI Visa Waiver Program 1651-AA77 Final Rule Stage. 85 Definition of Form I-94 to Include Electronic Format 1651-AA96 Final Rule Stage. 86 Security Training for Surface Mode Employees 1652-AA55 Proposed Rule Stage. 87 Standardized Vetting, Adjudication, and Redress Services 1652-AA61 Proposed Rule Stage. 88 Aircraft Repair Station Security 1652-AA38 Final Rule Stage. 89 Passenger Screening Using Advanced Imaging Technology 1652-AA67 Final Rule Stage. 90 Adjustments to Limitations on Designated School Official Assignment and Study By F-2 and M-2 Nonimmigrants 1653-AA63 Proposed Rule Stage. 91 Standards To Prevent, Detect, and Respond to Sexual Abuse and Assault in Confinement Facilities 1653-AA65 Final Rule Stage. 92 Rescinding Suspension of Enrollment for Certain F and M Nonimmigrant Students from Libya and Third Country Nationals Acting on Behalf of Libyan Entities 1653-AA69 Final Rule Stage. Department of Housing and Urban Development Sequence No. Title Regulation Identifier No. Rulemaking stage 93 Floodplain Management and Protection of Wetlands; Building Elevations (FR-5717) 2501-AD62 Proposed Rule Stage. 94 Affordability Determination-Energy Efficiency Standards (FR-5647-N-01) 2501-AD64 Proposed Rule Stage. 95 Public Housing Energy Audits and Physical Needs Assessments (FR-5507) 2577-AC84 Final Rule Stage. Department of Justice Sequence No. Title Regulation Identifier No. Rulemaking stage 96 Implementation of the ADA Amendments Act of 2008 (Title II and Title III of the ADA) 1190-AA59 Proposed Rule Stage. 97 Implementation of the ADA Amendments Act of 2008 (Section 504 of the Rehabilitation Act of 1973) 1190-AA60 Proposed Rule Stage. 98 Nondiscrimination on the Basis of Disability; Accessibility of Web Information and Services of Public Accommodations 1190-AA61 Proposed Rule Stage. 99 Nondiscrimination on the Basis of Disability; Movie Captioning and Audio Description 1190-AA63 Proposed Rule Stage. 100 Nondiscrimination on the Basis of Disability: Accessibility of Web Information and Services of State and Local Governments 1190-AA65 Proposed Rule Stage. 101 Machine Guns, Destructive Devices and Certain Other Firearms; Background Checks for Responsible Persons of a Corporation, Trust, or Other Legal Entity With Respect to Making or Transferring a Firearm 1140-AA43 Proposed Rule Stage. Department of Transportation Sequence No. Title Regulation Identifier No. Rulemaking stage 102 Slot Management and Transparency for LaGuardia Airport, John F. Kennedy International Airport, and Newark Liberty International Airport 2120-AJ89 Proposed Rule Stage. 103 Air Ambulance and Commercial Helicopter Operations; Safety Initiatives and Miscellaneous Amendments 2120-AJ53 Final Rule Stage. 104 Safety Management Systems for Part 121 Certificate Holders 2120-AJ86 Final Rule Stage. 105 National Goals and Performance Management Measures (MAP-21) 2125-AF49 Proposed Rule Stage. 106 National Goals and Performance Management Measures (MAP-21) 2125-AF53 Proposed Rule Stage. 107 National Goals and Performance Management Measures (MAP-21) 2125-AF54 Proposed Rule Stage. 108 Carrier Safety Fitness Determination 2126-AB11 Proposed Rule Stage. 109 Commercial Driver's License Drug and Alcohol Clearinghouse (MAP-21) 2126-AB18 Proposed Rule Stage. 110 Electronic Logging Devices and Hours of Service Supporting Documents (MAP-21) 2126-AB20 Proposed Rule Stage. 111 Motorcoach Rollover Structural Integrity (MAP-21) 2127-AK96 Proposed Rule Stage. 112 Require Installation of Seat Belts on Motorcoaches, FMVSS No. 208 (MAP-21) 2127-AK56 Final Rule Stage. 113 Electronic Stability Control Systems for Heavy Vehicles (MAP-21) 2127-AK97 Final Rule Stage. 114 National and Public Transportation Safety Plans (MAP-21) and Transit Asset Management 2132-AB20 Prerule Stage. 115 New and Small Start Projects (MAP-21) 2132-AB18 Proposed Rule Stage. 116 State Safety Oversight (MAP-21) 2132-AB19 Proposed Rule Stage. 117 Hazardous Materials: Rail Petitions and Recommendations to Improve the Safety of Railroad Tank Car Transportation (RRR) 2137-AE91 Prerule Stage. 118 Pipeline Safety: Safety of On-Shore Liquid Hazardous Pipelines 2137-AE66 Proposed Rule Stage. 119 Pipeline Safety: Gas Transmission (RRR) 2137-AE72 Proposed Rule Stage. Architectural and Transportation Barriers Compliance Board Sequence No. Title Regulation Identifier No. Rulemaking Stage 120 Telecommunications Act Accessibility Guidelines; Electronic and Information Technology Accessibility Standards 3014-AA37 Proposed Rule Stage. 121 Accessibility Guidelines for Pedestrian Facilities in the Public Right-of-Way 3014-AA26 Final Rule Stage. 122 Accessibility Standards for Medical Diagnostic Equipment 3014-AA40 Final Rule Stage. Environmental Protection Agency Sequence No. Title Regulation Identifier No. Rulemaking stage 123 Review of the National Ambient Air Quality Standards for Lead 2060-AQ44 Proposed Rule Stage. 124 Petroleum Refinery Sector Risk and Technology Review and NSPS 2060-AQ75 Proposed Rule Stage. 125 Standards of Performance for Greenhouse Gas Emissions from New Stationary Sources: Electric Utility Generating Units 2060-AQ91 Proposed Rule Stage. 126 Standards of Performance for Greenhouse Gas Emissions from Existing Sources: Electric Utility Generating Units 2060-AR33 Proposed Rule Stage. 127 Standards of Performance for Greenhouse Gas Emissions from Modified Sources: Electric Utility Generating Units 2060-AR88 Proposed Rule Stage. 128 Pesticides; Agricultural Worker Protection Standard Revisions 2070-AJ22 Proposed Rule Stage. 129 Definition of “Waters of the United States” Under the Clean Water Act 2040-AF30 Proposed Rule Stage. 130 Control of Air Pollution From Motor Vehicles: Tier 3 Motor Vehicle Emission and Fuel Standards 2060-AQ86 Final Rule Stage. 131 Implementation of the 2008 National Ambient Air Quality Standards for Ozone: State Implementation Plan Requirements 2060-AR34 Final Rule Stage. 132 Formaldehyde; Third-Party Certification Framework for the Formaldehyde Standards for Composite Wood Products 2070-AJ44 Final Rule Stage. 133 Formaldehyde Emissions Standards for Composite Wood Products 2070-AJ92 Final Rule Stage. 134 Hazardous Waste Manifest Revisions—Standards and Procedures for Electronic Manifests 2050-AG20 Final Rule Stage. 135 Criteria and Standards for Cooling Water Intake Structures 2040-AE95 Final Rule Stage. 136 Effluent Limitations Guidelines and Standards for the Steam Electric Power Generating Point Source Category 2040-AF14 Final Rule Stage. Equal Employment Opportunity Commission Sequence No. Title Regulation Identifier No. Rulemaking stage 137 Revisions to Procedures for Complaints or Charges of Employment Discrimination Based on Disability Subject to the Americans With Disabilities Act and Section 504 of the Rehabilitation Act of 1973 3046-AA91 Proposed Rule Stage. 138 Revisions to Procedures for Complaints/Charges of Employment Discrimination Based on Disability Filed Against Employers Holding Government Contracts or Subcontracts 3046-AA92 Proposed Rule Stage. 139 Revisions to Procedures for Complaints of Employment Discrimination Filed Against Recipients of Federal Financial Assistance 3046-AA93 Proposed Rule Stage. 140 Revisions to the Federal Sector's Affirmative Employment Obligations Regarding Individuals with Disabilities Under Section 501 of the Rehabilitation Act of 1973, as Amended 3046-AA94 Proposed Rule Stage. Small Business Administration Sequence No. Title Regulation Identifier No. Rulemaking stage 141 Small Business Mentor-Protege Programs 3245-AG24 Proposed Rule Stage. 142 Small Business Technology Transfer (STTR) Policy Directive 3245-AF45 Final Rule Stage. 143 Small Business Innovation Research (SBIR) Program Policy Directive 3245-AF84 Final Rule Stage. 144 504 and 7(a) Loan Programs Updates 3245-AG04 Final Rule Stage. Social Security Administration Sequence No. Title Regulation Identifier No. Rulemaking Stage 145 Revised Medical Criteria for Evaluating Neurological Impairments (806P) 0960-AF35 Proposed Rule Stage. 146 Revised Medical Criteria for Evaluating Immune (HIV) System Disorders (3466P) 0960-AG71 Proposed Rule Stage. 147 Revised Medical Criteria for Evaluating Cancer (Malignant Neoplastic Diseases) (3757P) 0960-AH43 Proposed Rule Stage. 148 Submission of Evidence in Disability Claims (3802P) 0960-AH53 Proposed Rule Stage. 149 Amendments to Regulations Regarding Withdrawals of Applications and Voluntary Suspension of Benefits (3573F) 0960-AH07 Final Rule Stage. 150 Changes to Scheduling and Appearing at Hearings (3728F) 0960-AH37 Final Rule Stage. 151 Conforming Changes to Regulations Regarding Income-Related Monthly Adjustment Amounts to Medicare Part B Premiums (3734I) 0960-AH47 Final Rule Stage. BILLING CODE 6820-27-P DEPARTMENT OF AGRICULTURE (USDA) Statement of Regulatory Priorities In FY 2014, USDA's focus will continue to be on programs that create or save jobs, particularly in rural America, while identifying and taking action on those programs that could be modified, streamlined, and simplified; or reporting burdens reduced, particularly with the public's access to USDA programs. USDA anticipates implementing a comprehensive Food, Farm and Jobs Bill (Farm Bill) covering major farm, trade, conservation, rural development, nutrition assistance and other programs. It is anticipated that a number of high priority regulations will be developed during 2014 to implement this legislation should it be enacted. USDA's regulatory efforts in the coming year will achieve the following goals identified in the Department's Strategic Plan for 2010-2015: • Assist rural communities to create prosperity so they are self-sustaining, re-populating, and economically thriving. USDA is the leading advocate for rural America. The Department supports rural communities and enhances quality of life for rural residents by improving their economic opportunities, community infrastructure, environmental health, and the sustainability of agricultural production. The common goal is to help create thriving rural communities with good jobs where people want to live and raise families, and where children have economic opportunities and a bright future. • Ensure our national forests and private working lands are conserved, restored, and made more resilient to climate change, while enhancing our water resources. America's prosperity is inextricably linked to the health of our lands and natural resources. Forests, farms, ranches, and grasslands offer enormous environmental benefits as a source of clean air, clean and abundant water, and wildlife habitat. These lands generate economic value by supporting the vital agriculture and forestry sectors, attracting tourism and recreational visitors, sustaining green jobs, and producing ecosystem services, food, fiber, timber and non-timber products. They are also of immense social importance, enhancing rural quality of life, sustaining scenic and culturally important landscapes, and providing opportunities to engage in outdoor activity and reconnect with the land. • Help America promote agricultural production and biotechnology exports as America works to increase food security. A productive agricultural sector is critical to increasing global food security. For many crops, a substantial portion of domestic production is bound for overseas markets. USDA helps American farmers and ranchers use efficient, sustainable production, biotechnology, and other emergent technologies to enhance food security around the world and find export markets for their products. • Ensure that all of America's children have access to safe, nutritious, and balanced meals. A plentiful supply of safe and nutritious food is essential to the well-being of every family and the healthy development of every child in America. USDA provides nutrition assistance to children and low-income people who need it; and works to improve the healthy eating habits of all Americans, especially children. In addition, the Department safeguards the quality and wholesomeness of meat, poultry, and egg products; and addresses and prevents loss or damage from pests and disease outbreaks. Important regulatory activities supporting the accomplishment of these goals in 2014 will include the following: • Strengthening Food Safety Inspection. USDA will continue to develop science-based regulations that improve the safety of meat, poultry, and egg products in the least burdensome and most cost-effective manner. Regulations will be revised to address emerging food safety challenges, streamlined to remove excessively prescriptive regulations, and updated to be made consistent with hazard analysis and critical control point principles. In 2014, the Food Safety and Inspection Service (FSIS) plans to finalize regulations to establish new systems for poultry slaughter inspection, which would improve food safety and save money for establishments and taxpayers. Among other actions, USDA will provide export certificates through the use of technology. To assist small entities to comply with food safety requirements, FSIS will continue to collaborate with other USDA agencies and State partners in its small business outreach program. • Improving Access to Nutrition Assistance and Dietary Behaviors. As changes are made to the nutrition assistance programs, USDA will work to ensure access to program benefits, improve program integrity, improve diets and healthy eating, and promote physical activity consistent with the national effort to reduce obesity. In support of these activities in 2014, the Food and Nutrition Service (FNS) plans to publish the proposed rule regarding meal pattern revisions for the Child and Adult Care Food Program and finalize a rule updating the WIC food packages. FNS will continue to work to implement rules that minimize participant and vendor fraud in its nutrition assistance programs. • Collaborating with Partners to Conserve Natural Resources. USDA will allow the Natural Resources Conservation Service's (NRCS) State Conservationists to remove undue burdens on producers that have acted in good faith on incorrect program information provided by NRCS. The Forest Service will finalize guidance for implementation of the 2012 Planning Rule. This guidance will provide the detailed monitoring, assessment, and documentation requirements that the managers of our national forests and grasslands require to begin revising their land management plans under the 2012 Planning Rule. Currently 70 of the 120 Forest Service's Land Management Plans are expired and in need of revision. • Making Marketing and Regulatory Programs More Focused. The Animal and Plant Health Inspection Service (APHIS) plans to amend its veterinary biologics regulations to provide for the use of a simpler, uniform label format to better meet the needs of veterinary biologics consumers. APHIS also plans to revise tuberculosis and brucellosis regulations to better reflect the distribution of these diseases and thereby minimizing the impacts on livestock producers while continuing to address these livestock diseases. In the area of plant health, APHIS proposes to expand the streamlined method of considering the importation and interstate movement of fruits and vegetables. The Agricultural Marketing Service (AMS) will support the organic sector by proposing that all existing and replacement dairy animals from which milk or milk products are intended to be sold as organic must be managed organically from the last third of gestation. • Promoting Biobased Products. USDA will continue to promote sustainable economic opportunities to create jobs in rural communities through the purchase and use of biobased products through the BioPreferred® program. USDA will finalize regulations to revise the BioPreferred® program guidelines to continue adding designated product categories to the preferred procurement program, including intermediates and feedstocks and finished products made of intermediates and feedstocks. The Federal preferred procurement and the certified label parts of the program are voluntary; both are designed to assist biobased businesses in securing additional sales. Retrospective Review of Existing Regulations Pursuant to section 6 of Executive Order 13563 “Improving Regulation and Regulatory Review” (Jan. 18, 2011), the following initiatives are identified in the Department's Final Plan for Retrospective Analysis. . . . The final agency plan, as well as periodic status updates for each initiative, are available online at: http://www.whitehouse.gov/21stcenturygov/actions/21st-century-regulatory-system. RIN Title Significantly reduce burdens on small businesses 0583-AC59 Prior Labeling Approval System: Generic Label Approval Yes. 0583-AD41 Electronic Export Application and Certification Fee Yes. 0583-AD32 Modernization of Poultry Slaughter Inspection Yes. 0570-AA76 Rural Energy America Program Yes. 0570-AA85 Business and Industry Loan Guaranteed Program Yes. 0575-AC91 Community Facilities Loan and Grants Yes. 0596-AD01 National Environmental Policy Act (NEPA) Efficiencies Yes. Subsequent to EO 13563, and consistent with its goals as well as the importance of public participation, President Obama issued EO 13610 on Identifying and Reducing Regulatory Burdens in May 2012. EO 13610 directs agencies, in part, to give priority consideration to those initiatives that will produce cost savings or significant reductions in paperwork burdens. Accordingly, reducing the regulatory burden on the American people and our trading partners is a priority for USDA and we will continually work to improve the effectiveness of our existing regulations. As a result of our ongoing regulatory review and burden reduction efforts, USDA has identified the following burden reducing initiatives: • Increase Use of Generic Approval and Regulations Consolidation. FSIS is finalizing a rule that will expand the circumstances in which the labels of meat and poultry products will be deemed to be generically approved by FSIS. The rule will reduce regulatory burden and generate a discounted Agency cost savings of $3.3 million over 10 years (discounted at 7 percent). • Implement Electronic Export Application for Meat and Poultry Products. FSIS is finalizing a rule to provide exporters a fee-based option for transmitting U.S. certifications to foreign importers and governments electronically. Automating the export application and certification process will facilitate the export of U.S. meat, poultry, and egg products by streamlining the processes that are used while ensuring that foreign regulatory requirements are met. • Streamline Forest Service National Environmental Policy Act (NEPA) Compliance. The Forest Service, in cooperation with the Council on Environmental Quality, completed rulemaking to establish three new Categorical Exclusions for simple restoration activities. These Categorical Exclusions will improve and streamline the NEPA process, and reduce the paperwork burden, as it applies to Forest Service projects without reducing environmental protection. • Increase Accessibility to the Rural Energy for America Program (REAP). Under REAP, Rural Development provides guaranteed loans and grants to support the purchase, construction, or retrofitting of a renewable energy system. This rulemaking will streamline the application process for grants, lessening the burden to the customer. • Reduced Duplication in Farm Programs. The Farm and Foreign Agricultural Services (FFAS) mission area will reduce the paperwork burden on program participants by consolidating the information collections required to participate in farm programs administered by the Farm Service Agency (FSA) and the Federal crop insurance program administered by the Risk Management Agency (RMA). As a result, producers will be able to spend less time reporting information to USDA. Additionally, FSA and RMA will be better able to share information, thus improving operational efficiency. FFAS will evaluate methods to simplify and standardize, to the extent practical, acreage reporting processes, program dates, and data definitions across the various USDA programs and agencies. FFAS expects to allow producers to use information from their farm-management and precision agriculture systems for reporting production, planted and harvested acreage, and other key information needed to participate in USDA programs. FFAS will also streamline the collection of producer information by FSA and RMA with the agricultural production information collected by the National Agricultural Statistics Service. These process changes will allow for program data that is common across agencies to be collected once and utilized or redistributed to agency programs in which the producer chooses to participate. Full implementation of the Acreage and Crop Reporting Streamlining Initiative (ACRSI) is planned for 2014. When specific changes are identified, FSA and RMA will make any required conforming changes in their respective regulations. Periodic status updates for these burden reducing initiatives can be found online at: http://www.whitehouse.gov/21stcenturygov/actions/21st-century-regulatory-system. In additional to regulatory review initiatives identified under EO 13563 and the paper work burden reduction initiatives identified under the EO 13610, USDA has plans to initiate the following additional streamlining initiatives in 2014. • Simplify FSA NEPA Compliance. FSA will revise its regulations that implement NEPA to update, improve, and clarify requirements. It will also add new categorical exclusions and remove obsolete provisions. Annual cost savings to FSA as a result of this rule could be $345,000 from conducting 314 fewer environmental assessments per year, while retaining strong environmental protection. • Simplify Equipment Contracts for Rural Utilities Service (RUS) Loans. RUS is proposing a rule that would result in a new standard Equipment Contract Form for use by Telecommunications Program borrowers. This new standardized contract would ensure that certain standards and specifications are met and this new form would replace the current process that requires each construction provider to use their own resources to develop a contract for each project. • Consolidate Community Facilities Programs Loan and Grant Requirements. The Rural Housing Service (RHS) proposing to consolidate seven of the regulations used to service Community Facilities direct loans and grants into one streamlined regulation. This rule will reduce the time burden on RHS staff and provide the public with a single document that clearly outlines the requirements for servicing Community Facilities direct loans and grants. • Update Tuberculosis and Brucellosis Programs. Given the success USDA has had in nearly eradicating tuberculosis and brucellosis in ruminants, APHIS will propose rulemaking to update and consolidate its regulations regarding these diseases to better reflect the current distribution of these diseases and the changes in which cattle, bison, and captive cervid are produced in the United States. Promoting International Regulatory Cooperation Under EO 13609 President Obama issued EO 13609 on promoting international regulatory cooperation in May 2012. The EO charges the Regulatory Working Group, an interagency working group chaired by the Administrator of Office of Information and Regulatory Affairs (OIRA), with examining appropriate strategies and best practices for international regulatory cooperation. The EO also directs agencies to identify factors that should be taken into account when evaluating the effectiveness of regulatory approaches used by trading partners with whom the U.S. is engaged in regulatory cooperation. At this time, USDA is identifying international regulatory cooperation activities that are reasonably anticipated to lead to significant regulations, while working closely with the Administration to refine the guidelines implementing the EO. Apart from international regulatory cooperation, the Department has continued to identify regulations with international impacts, as it has done in the past. Such regulations are those that are expected to have international trade and investment effects, or otherwise may be of interest to our international trading partners. USDA is diligently working to carry out the President's EO mandate with regard to regulatory cooperation as new regulations are developed. Several agencies within the Department are also actively engaged in interagency and Departmental regulatory cooperation initiatives being pursued as part of the U.S.-Mexico High Level Regulatory Cooperation Council (HLRCC) and the U.S.-Canada Regulatory Cooperation Council (RCC), as well as other fora. Specific projects are being pursued by USDA agencies such as AMS, APHIS, and FSIS and address a variety of regulatory oversight processes and requirements related to meat, poultry, animal and plant health. Projects related to electronic certification, equivalence, meat nomenclature, and the efficient and safe flow of plant, animal and food across our shared borders are all regulatory cooperation pursuits these agencies are undertaking in order to secure better alignment between our countries without compromising the high standards of safety we have in place in the U.S. relative to food safety and public health, as well as plant and animal health, so critical to American agriculture. Major Regulatory Priorities This following represents summary information on prospective priority regulations as called for in EO's 12866 and 13563: Food and Nutrition Service Mission: FNS increases food security and reduces hunger in partnership with cooperating organizations by providing children and low-income people access to food, a healthful diet, and nutrition education in a manner that supports American agriculture and inspires public confidence. Priorities: In addition to responding to provisions of legislation authorizing and modifying Federal nutrition assistance programs, FNS's 2014 regulatory plan supports USDA's Strategic Goal to “ensure that all of America's children have access to safe, nutritious and balanced meals,” and its related objectives: • Increase Access to Nutritious Food. This objective represents FNS's efforts to improve nutrition by providing access to program benefits (food consumed at home, school meals, commodities) and distributing State administrative funds to support program operations. To advance this objective, FNS plans to publish a final rule from the 2008 Farm Bill addressing SNAP eligibility, certification, and employment and training issues. FNS will also publish a final rule implementing the Healthy, Hunger-Free Kids Act of 2010's Community Eligibility Provision, which eliminates the burden of household applications and increases access to free school lunches and breakfasts for children in eligible high poverty schools. In addition, FNS plans to publish a proposed rule that would enhance the eligibility standards for SNAP retailers in order to improve the availability of more healthful foods. • Improve Program Integrity. FNS also plans to publish a number of rules to increase efficiency, reduce the burden of program operations, and reduce improper payments. Program integrity provisions will continue to be strengthened in the SNAP and Child Nutrition programs to ensure Federal taxpayer dollars are spent effectively. To support this objective, FNS plans to publish a final rule from the 2008 Farm Bill that would provide FNS and OIG the authority to suspend payments to SNAP retailers suspected of being egregious violators. For Child Nutrition, FNS plans to publish a proposed rule to strengthen oversight requirements and institution disqualification procedures, allow the imposition of fines by USDA or State agencies for egregious and/or repeated program violations, and address several deficiencies identified through program audits and reviews. • Promote Healthy Diet and Physical Activity Behaviors. This objective represents FNS's efforts to ensure that program benefits meet appropriate standards to effectively improve nutrition for program participants, to improve the diets of its clients through nutrition education, and to support the national effort to reduce obesity by promoting healthy eating and physical activity. In support of this objective, FNS plans to publish proposed rules updating the meal patterns for the Child and Adult Care Food Program to align them with the latest Dietary Guidelines for Americans, establishing professional standards for school food service and State child nutrition program directors. FNS also plans to finalize a rule updating food packages in WIC. FNS's goal is by 2015 to reduce child obesity from 16.9 percent to 15.5 percent, to double the proportion of adults consuming five or more servings of fruits and vegetables daily, and to increase breastfeeding rates among WIC mothers. Food Safety and Inspection Service Mission: FSIS is responsible for ensuring that meat, poultry, and egg products in interstate and foreign commerce are wholesome, not adulterated, and properly marked, labeled, and packaged. Priorities: FSIS is committed to developing and issuing science-based regulations intended to ensure that meat, poultry, and egg products are wholesome and not adulterated or misbranded. FSIS regulatory actions support the objective to protect public health by ensuring that food is safe under USDA's goal to ensure access to safe food. To reduce the number of foodborne illnesses and increase program efficiencies, FSIS will continue to review its existing authorities and regulations to ensure that it can address emerging food safety challenges, to streamline excessively prescriptive regulations, and to revise or remove regulations that are inconsistent with the FSIS' hazard analysis and critical control point (HACCP) regulations. FSIS is also working with the Food and Drug Administration (FDA) to improve coordination and increase the effectiveness of inspection activities. FSIS's priority initiatives are as follows: • Implement Poultry Slaughter Modernization. FSIS plans to issue a final rule to implement a new inspection system for young poultry slaughter establishments that would facilitate public health-based inspection. The rule would help prevent thousands of illnesses by allowing front-line inspectors to focus on public health threats such as Salmonella and Campylobacter. The rule would allow for more effective inspection of carcasses and allocation of agency resources, as well as encourage industry to more readily use new technology. • Streamline Export Application Processes through the Public Health Information System (PHIS). To support its food safety inspection activities, FSIS is continuing to implement PHIS), a user-friendly and Web-based system that automates many of the Agency's business processes. PHIS also enables greater exchange of information between FSIS and other Federal agencies, such as U.S. Customs and Border Protection, involved in tracking cross-border movement of import and export shipments of meat, poultry, and processed egg products. To facilitate the implementation of some PHIS components, FSIS has proposed to provide for electronic export application and certification processes and will propose similar import processes as alternatives to current paper-based systems. • Ensure Accurate Labeling of Meat and Poultry Products that Contain Added Solutions. FSIS is developing final regulations to establish a common or usual name for raw meat and poultry products that contain added solutions, and that do not meet a standard of identity. Without adequate labeling information, consumers likely cannot distinguish between raw meat and poultry products that contain added solutions and single-ingredient meat and poultry products. Added solutions are a characterizing component of a product likely to affect consumers' purchasing decisions. The rule will establish a common or usual name for such products that include an accurate description of the raw meat or poultry component, the percentage of added solution incorporated into the product, and the individual ingredients or multi-ingredient components in the solution. • Ensure Accurate Labeling of Mechanically Tenderized Beef. FSIS has concluded that without proper labeling, raw or partially cooked mechanically tenderized beef products could be mistakenly perceived by consumers to be whole, intact muscle cuts. The fact that a cut of beef has been needle or blade tenderized is a characterizing feature of the product and, as such, a material fact that is likely to affect consumers' purchase decisions and that should affect their preparation of the product. The Agency will propose that raw, needle or blade, mechanically tenderized beef products be labeled to indicate that they are “mechanically tenderized.” FSIS has also concluded that the addition of validated cooking instruction is required to ensure that potential pathogens throughout the product are destroyed. Without thorough cooking, pathogens that may have been introduced to the interior of the product during the tenderization process may remain in the product. • Improve the Efficiency of Product Recalls. FSIS will propose to amend recordkeeping regulations to specify that all official establishments and retail stores that grind or chop raw beef products for sale in commerce must keep records that disclose the identity of the supplier of all source materials that they use in the preparation of each lot of raw ground or chopped product and identify the names of those source materials. FSIS investigators and public health officials frequently use records kept by all levels of the food distribution chain, including the retail level, to identify and trace back product that is the source of the illness the suppliers that produced the source material for the product. Access to this information will improve FSIS's ability to conduct timely and effective consumer foodborne illness investigations and other public health activities throughout the stream of commerce. • FSIS Small Business Implications. The great majority of businesses regulated by FSIS are small businesses. FSIS conducts a small business outreach program that provides critical training, access to food safety experts, and information resources, such as compliance guidance and questions and answers on various topics, in forms that are uniform, easily comprehended, and consistent. FSIS collaborates in this effort with other USDA agencies and cooperating State partners. For example, FSIS makes plant owners and operators aware of loan programs available through USDA's Rural Business and Cooperative programs, to help them in upgrading their facilities. FSIS employees will meet with small and very small plant operators to learn more about their specific needs and explore how FSIS can tailor regulations to better meet the needs of small and very small establishments, while maintaining the highest level of food safety. Animal and Plant Health Inspection Service Mission: A major part of the mission of APHIS is to protect the health and value of American agricultural and natural resources. APHIS conducts programs to prevent the introduction of exotic pests and diseases into the United States and conducts surveillance, monitoring, control, and eradication programs for pests and diseases in this country. These activities enhance agricultural productivity and competitiveness and contribute to the national economy and the public health. APHIS also conducts programs to ensure the humane handling, care, treatment, and transportation of animals under the Animal Welfare Act. Priorities: APHIS continues to pursue initiatives to update our regulations to make them more flexible and performance-based. For example, in the area of animal health, APHIS has prepared a proposal to amend its veterinary biologics regulations to provide for the use of a simpler, uniform label format that would allow biologics licensees and permittees to more clearly communicate product performance information to the end user. In addition, the rule would simplify the evaluation of efficacy studies and reduce the amount of time required by APHIS to evaluate study data, thus allowing manufacturers to market their products sooner. APHIS is also preparing a proposed rule that would revise and consolidate its regulations regarding bovine tuberculosis and brucellosis to better reflect the distribution of these diseases and the current nature of cattle, bison, and captive cervid production in the United States. In the area of plant health, APHIS is preparing a proposed rule that would establish performance standards and a notice-based process for approving the interstate movement of fruits and vegetables from Hawaii and the U.S. Territories and the importation of those articles from other countries. In addition, APHIS will revise agricultural quarantine and inspection user fees so that fees collected are commensurate with the cost of providing the activity. Agricultural Marketing Service Mission: The Agricultural Marketing Service (AMS) provides marketing services to producers, manufacturers, distributors, importers, exporters, and consumers of food products. AMS also manages the government's food purchases, supervises food quality grading, maintains food quality standards, supervises the Federal research and promotion programs, and oversees the country of origin labeling program as well as the National Organic Program (NOP). Priorities: AMS is committed to ensuring the integrity of USDA organic products in the U.S. and throughout the world. The agency is moving forward with the following rulemaking that affect the organic industry. • Transitioning Dairy Animals into Organic Production. Members of the organic community, including dairy producers, organic interest groups, and the National Organic Standards Board have advocated for rulemaking on the allowance for transitioning dairy animals into organic production. Stakeholders have interpreted the current standard differently, creating inconsistencies across dairy producers. AMS is developing a proposed rule to address this issue by specifying that dairy farms have a one-time opportunity to transition animals into organic production. This proposed change to the organic standards will meet consumer expectations of organic dairy products and level the playing for organic dairy producers. Farm Service Agency Mission: FSA's mission is to deliver timely, effective programs and services to America's farmers and ranchers to support them in sustaining our Nation's vibrant agricultural economy, as well as to provide first-rate support for domestic and international food aid efforts. FSA supports USDA's strategic goals by stabilizing farm income, providing credit to new or existing farmers and ranchers who are temporarily unable to obtain credit from commercial sources, and helping farm operations recover from the effects of disaster. FSA administers several conservation programs directed toward agricultural producers. The largest program is the Conservation Reserve Program, which protects millions of acres of environmentally sensitive land. Priorities: FSA is focused on providing the best possible service to producers while protecting the environment by updating and streamlining environmental compliance. FSA is also strengthening its ability to help the Nation respond to national defense emergencies. FSA's priority initiatives are as follows: • Streamline Environmental Compliance (NEPA). FSA will revise its regulations that implement NEPA. The changes improve the efficiency, transparency, and consistency of NEPA implementation. Changes include aligning the regulations to NEPA regulations and guidance from the President's Council on Environmental Quality; providing a single set of regulations that reflect the agency's current structure; clarifying the types of actions that require an Environmental Assessment (EA); and adding to the list of actions that are categorically excluded from further environmental review because they have no significant effect on the human environment. • Establish Agriculture Priorities and Allocations Systems (APAS). USDA is developing APAS as part of a suite of rules that are being modeled after the Defense Priorities and Allocations System (DPAS). Under APAS, USDA would secure food and agriculture-related resources as part of preparing for, and responding to, national defense emergencies by placing priorities on orders or by using resource allocation authority. APAS is authorized by the Defense Production Act Reauthorization Act of 2009 (DPA). The authorities under DPA have already been implemented by the Department of Commerce (DOC) via memoranda of understanding with other Departments. The suite of DPA rules relieves DOC from implementation responsibility for items outside their jurisdiction and places these responsibilities with the relevant Departments. Forest Service Mission: The mission of the Forest Service is to sustain the health, productivity, and diversity of the Nation's forests and rangelands to meet the needs of present and future generations. This includes protecting and managing National Forest System lands, providing technical and financial assistance to States, communities, and private forest landowners, plus developing and providing scientific and technical assistance, and the exchange of scientific information to support international forest and range conservation. Forest Service regulatory priorities support the accomplishment of the Department's goal to ensure our National forests are conserved, restored, and made more resilient to climate change, while enhancing our water resources. Priorities: The Forest Service is committed to developing and issuing science-based regulations intended to ensure public participation in the management of our Nation's national forests and grasslands, while also moving forward the Agency's ability to plan and conduct restoration projects on National Forest System lands. The Forest Service will continue to review its existing authorities and regulations to ensure that it can address emerging challenges, to streamline excessively burdensome business practices, and to revise or remove regulations that are inconsistent with the USDA's vision for restoring the health and function of the lands it is charged with managing. FS' priority initiatives are as follows: • Implement Land Management Planning Framework. The Forest Service promulgated a new Land Management Planning rule at 36 CFR part 219 in April 2012 that sets out the requirements for developing, amending, and revising land management plans for units of the National Forest System. The planning directives, once finalized, will be used to implement the planning framework which fosters collaboration with the public during land management planning, and is science-based, responsive to change, and promotes social, economic, and ecological sustainability. • Strengthen Ecological Restoration Policies. This policy would recognize the adaptive capacity of ecosystems, and includes the role of natural disturbances and uncertainty related to climate and other environmental change. The need for ecological restoration of National Forest System lands is widely recognized, and the Forest Service has conducted restoration-related activities across many programs for decades. “Restoration” is a common way of describing much of the Agency's work and the concept is threaded throughout existing authorities, program directives, and collaborative efforts such as the National Fire Plan, a 10-year comprehensive strategy and implementation plan, and the Healthy Forests Restoration Act. However, the Agency did not have a definition of restoration established in policy. That was identified as a barrier to collaborating with the public and partners to plan and accomplish restoration work. Rural Development Mission: Rural Development (RD) promotes a dynamic business environment in rural America that creates jobs, community infrastructure, and housing opportunities in partnership with the private sector and community-based organizations by providing financial assistance and business planning services, and supporting projects that create or preserve quality jobs and/or promote a clean rural environment, while focusing on the development of single and multi-family housing and community infrastructure. RD financial resources are often leveraged with those of other public and private credit source lenders to meet business and credit needs in under-served areas. Recipients of these programs may include individuals, corporations, partnerships, cooperatives, public bodies, nonprofit corporations, Indian tribes, and private companies. Priorities: RD regulatory priorities will facilitate sustainable renewable energy development and enhance the opportunities necessary for rural families to thrive economically. RD's rules will minimize program complexity and the related burden on the public while enhancing program delivery and RBS oversight. • Streamline the Business and Industry (B&I) Guaranteed Loan Program. RD will enhance current operations of the B&I program, streamline existing practices, and minimize program complexity and the related burden on the public. • Increase Accessibility to the Rural Energy for America Program (REAP). Under REAP, Rural Development provides guaranteed loans and grants to support the purchase, construction, or retrofitting of a renewable energy system. This rulemaking will streamline the application process for grants, lessening the burden to the customer. The rulemaking is expected to reduce the information collection. REAP will also be revised to ensure a larger number of applicants will be made available by issuing smaller grants. By doing so, funding will be distributed evenly across the applicant pool and encourage greater development of renewable energy. • Modify review of Single Family Housing Direct Loans. RD will finalize the certified loan packager regulation to streamline oversight of the agency's vast network of committed Agency-certified packagers. This action will assist low- and very low-income people become homeowners. It will also reduce burden on program staff enabling them to focus on implementation and delivery or other and will ensure specialized support is available to them to complete the application for assistance, and improving the quality of loan application packages. • Update Civil Rights Protections: RD will propose a comprehensive civil rights rule to update and consolidate civil rights compliance regulations for Rural Housing Service, Rural Utilities Service and Rural Business Service. This regulation will provide detailed information on civil rights compliance and enforcement policies and procedures for all Rural Development programs. Office of the Assistant Secretary for Civil Rights (OASCR) Mission: OASCR's mission is to provide leadership and direction for the fair and equitable treatment of all USDA customers and employees while ensuring the delivery of quality programs and enforcement of civil rights. OASCR ensures compliance with applicable laws, regulations, and policies for USDA customers and employees regardless of race, color, national origin, sex (including gender identity and expression), religion, age, disability, sexual orientation, marital or familial status, political beliefs, parental status, protected genetic information, or because all or part of an individual's income is derived from any public assistance program. (Not all bases apply to all programs.) Priorities • Strengthen Civil Rights Protections: USDA has made significant strides towards realizing the Secretary's vision of a “New Era for Civil Rights.” In this effort, USDA plans to publish a proposed rule that will standardize the collection of race, ethnicity and gender data across USDA's conducted programs (those where USDA deals directly with the public; much of this data is already being collected). USDA will also expand the protected categories under which program participants may bring complaints of discrimination to the Department; these new protected bases will be gender identity and political beliefs. Departmental Management Mission: Departmental Management's mission is to provide management leadership to ensure that USDA administrative programs, policies, advice and counsel meet the needs of USDA programs, consistent with laws and mandates, and provide safe and efficient facilities and services to customers. Priorities • Promote Biobased Products: In support of the Department's goal to increase prosperity in rural areas, USDA's Departmental Management will finalize regulations to revise the BioPreferred® program guidelines to continue adding designated product categories to the preferred procurement program, including intermediates and feedstocks and finished products made of intermediates and feedstocks. Aggregate Costs and Benefits USDA will ensure that its regulations provide benefits that exceed costs, but are unable to provide an estimate of the aggregated impacts of its regulations. Problems with aggregation arise due to differing baselines, data gaps, and inconsistencies in methodology and the type of regulatory costs and benefits considered. Some benefits and costs associated with rules listed in the regulatory plan cannot currently be quantified as the rules are still being formulated. For 2014, USDA's focus will be to implement the changes to programs in such a way as to provide benefits while minimizing program complexity and regulatory burden for program participants. BILLING CODE 3410--90-P USDA—AGRICULTURAL MARKETING SERVICE (AMS) Proposed Rule Stage 1. National Organic Program, Origin of Livestock, NOP-11-0009 Priority: Other Significant. Legal Authority: 7 U.S.C. 6501 CFR Citation: 7 CFR 205. Legal Deadline: None. Abstract: The current regulations provide two tracks for replacing dairy animals which are tied to how dairy farmers transition to organic production. Farmers who transition an entire distinct herd must thereafter replace dairy animals with livestock that has been under organic management from the last third of gestation. Farmers who do not transition an entire distinct herd may perpetually obtain replacement animals that have been managed organically for 12 months prior to marketing milk or milk products as organic. The proposed action would eliminate the two track system and require that upon transition, all existing and replacement dairy animals from which milk or milk products are intended to be sold, labeled or represented as organic, must be managed organically from the last third of gestation. Statement of Need: This action is being taken because of concerns raised by various parties, including the National Organic Standards Board (NOSB), about the dual tracks for dairy replacement animals. The organic community argues that the “two track system” encourages producers to sell their organic young stock and replace them with animals converted from conventional production. The organic community points out that with this continual state of transitioning, animals treated with and fed prohibited substances, prior to conversion, are constantly entering organic agriculture. Some producers have taken this route because it is cheaper and easier to convert or purchase converted animals than to raise organic young stock. As a result, this continual state of transition has discouraged development of a viable organic market for young dairy stock. The organic community has expressed that this is contrary to the intent of organic and the expectations of organic dairy product consumers. These concerns are ultimately rooted in a discrepancy between the regulatory intent and interpretation whereby some organic dairy producers are required to manage/obtain animals that have been raised organically since the last third of gestation, while other producers may continually obtain replacement animals from conventional production, which have been managed organically for 12 months. The proposed action would level the playing field by instituting the same requirements across all producers, regardless of their transition approach. Summary of Legal Basis: The National Organic Program regulations stipulate the requirements for dairy replacement animals in section 205.236(a)(2) Origin of Livestock. In addition, in response to the final ruling in the 2005 case, Harvey v. Johanns, the USDA committed to rulemaking to address the concerns about dairy replacement animals. Alternatives: The program considered initiating the rulemaking with an ANPR. It was determined that there is sufficient awareness of the expectations of the organic community to proceed with a proposed rule. As alternatives, we considered the status quo, however, this would continue the disparity between producers who can continually transition conventional dairy animals into organic production and producers who must source dairy animals that are organic from the last third of gestation. Based on the information available, this disparity appears to create a barrier to the development of an organic heifer market. We also considered an action that would restrict the source of breeder stock and movement of breeder stock after they are brought onto an organic operation, however, this would minimize the flexibility of producers to purchase breeder stock from any source as specified under the Organic Foods Production Act. Anticipated Cost and Benefits: Organic producers who routinely convert conventional dairy livestock to organic will either need to find a source to procure organic replacement animals, or begin to raise replacement animals within their operation. Preliminary analysis suggest that less than 5 percent of organic dairies would face higher costs to comply with this action. Organic operations that converted a whole-herd to organic status and do not convert conventional animals for replacements will be able to readily comply with the rule and may find new market opportunities for organic replacement dairy livestock. Risks: Continuation of the two-track system jeopardizes the viability of the market for organic heifers. A potential risk associated with the rulemaking would be a temporary supply shortage of dairy replacement animals due to the increased demand. Timetable: Action Date FR Cite NPRM 04/00/14 Regulatory Flexibility Analysis Required: Yes. Small Entities Affected: Businesses, Organizations. Government Levels Affected: None. Agency Contact: Melissa R Bailey, Director, Standards Division, Department of Agriculture, Agricultural Marketing Service, 14th & Independence Avenue SW., Room 2646—South Building, Washington, DC 20250, Phone: 202 720-3252, Fax: 202 205-7808, Email: melissa.bailey@usda.gov. RIN: 0581-AD08 USDA—FARM SERVICE AGENCY (FSA) Proposed Rule Stage 2. Environmental Compliance and Related Concerns Priority: Other Significant. Legal Authority: 42 U.S.C. 4321 et seq. CFR Citation: 7 CFR 799. Legal Deadline: None. Abstract: This proposed rule would provide the Farm Service Agency (FSA) with an environmental compliance regulation that updates, improves, and clarifies its requirements to comply with the National Environmental Policy Act; the National Historic Preservation Act; and numerous other environmental and cultural resource laws, regulations, and Executive orders. It would also make the regulation consistent for the Farm Loan Programs and Farm Programs. Also, it would remove outdated regulations used by FSA from chapter XVIII of the Code of Federal Regulations, formerly used by the predecessor to FSA, the Farmers Home Administration. Statement of Need: This proposed rule is needed to consolidate and update the FSA regulations implementing the National Environmental Policy Act and related laws and guidance. Summary of Legal Basis: The National Environmental Policy Act (42 U.S.C. 4321-4347) and the regulations of the Council on Environmental Quality (40 CFR parts 1500-1508). Alternatives: As an alternative to this proposed rule, we could have updated the two separate FSA NEPA regulations, but that would have made it harder for our stakeholders and employees, more difficult to update in the future, and resulted in redundant regulations. Anticipated Cost and Benefits: A cost benefit analysis was prepared for this proposed rule and will be made available when the proposed rule is published. Risks: None. Timetable: Action Date FR Cite NPRM 03/00/14 Regulatory Flexibility Analysis Required: No. Small Entities Affected: No. Government Levels Affected: None. URL For Public Comments: www.regulations.gov. Agency Contact: Deirdre Holder, Director, Regulatory Review Group, Department of Agriculture, Farm Service Agency, 1400 Independence Avenue SW., Washington, DC 20250-0572, Phone: 202 205-5851, Fax: 202 720-5233, Email: deirdre.holder@wdc.usda.gov. RIN: 0560-AH02 USDA—FSA Final Rule Stage 3. Agriculture Priorities and Allocations Systems Priority: Other Significant. Legal Authority: 50 U.S.C. app 2061 et seq.; 42 U.S.C. 5195 et seq. CFR Citation: Not Yet Determined. Legal Deadline: None. Abstract: The Secretary of Agriculture is authorized to establish a system to prioritize contracts and make allocations of certain agriculture-related resources, as necessary, to meet national defense priorities. “Stand-by” procedures for the Department of Agriculture to implement this authority are out of date and generally inadequate to meet Government or national needs should a situation arise that calls for exercise of the authority. As a result, the Farm Service Agency is implementing regulations to allow USDA to efficiently place priority ratings on contracts or orders with respect to resources within its authority should the need arise. The new Agriculture Priorities and Allocation System (APAS) regulations will be similar to the Department of Commerce's Defense Priorities and Allocation System (DPAS) for establishing priority ratings for contract performance. Statement of Need: This rule is needed to implement the USDA delegated responsibilities from the Defense Production Act and related Executive Order. Summary of Legal Basis: The Defense Production Act (50 U.S.C. App. 2061 to 2170, 2171, and 2172) and the related Executive Order 13603, “National Defense Resources Preparedness,” dated March 16, 2012. Alternatives: As an alternative to this proposed rule, we could have continued to require the Department of Commerce to implement the USDA authority; however, the reauthorized and amended Defense Production Act requires each of the agencies to implement regulations. Anticipated Cost and Benefits: A cost benefit analysis was prepared for the related proposed rule and was made available when the proposed rule published. Risks: None. Timetable: Action Date FR Cite NPRM 05/19/11 76 FR 29084 NPRM Comment Period End 07/18/11 Final Rule 04/00/14 Regulatory Flexibility Analysis Required: No. Small Entities Affected: No. Government Levels Affected: None. URL For Public Comments: www.regulations.gov. Agency Contact: Deirdre Holder, Director, Regulatory Review Group, Department of Agriculture, Farm Service Agency, 1400 Independence Avenue SW., Washington, DC 20250-0572, Phone: 202 205-5851, Fax: 202 720-5233, Email: deirdre.holder@wdc.usda.gov. RIN: 0560-AH68 USDA—ANIMAL AND PLANT HEALTH INSPECTION SERVICE (APHIS) Proposed Rule Stage 4. Viruses, Serums, Toxins, and Analogous Products; Single Label Claim for Veterinary Biological Products Priority: Other Significant. Legal Authority: 21 U.S.C. 151 to 159 CFR Citation: 9 CFR 112. Legal Deadline: None. Abstract: This rulemaking would amend the Virus-Serum-Toxin Act regulations to replace the current label format, which reflects any of four different levels of effectiveness, with a single, uniform label format. It would also require biologics licensees to provide a standardized summary, with confidential business information removed, of the efficacy and safety data submitted to the Animal and Plant Health Inspection Service in support of the issuance of a full product license or conditional license. A single label format along with publicly available safety and efficacy data will help biologics producers to more clearly communicate product performance to their customers. Statement of Need: The intent of this proposal is to address a request made by our stakeholders and to more clearly communicate product performance information to the user by requiring a uniform label format and a summary of efficacy and safety data (with confidential business information removed). Summary of Legal Basis: APHIS administers and enforces the Virus-Serum-Toxin Act, as amended (21 U.S.C. 151-159). The regulations issued pursuant to the Act are intended to ensure that veterinary biological products are pure, safe, potent, and efficacious when used according to label instructions. Alternatives: We could retain the current APHIS labeling guidance, but maintaining the status quo would not address the concern reported by stakeholders concerning the interpretation of product performance. Anticipated Cost and Benefits: APHIS anticipates that the only costs associated with the proposed labeling format would be one-time costs incurred by licensees and permittees in having labels for existing licensed products updated in accordance with the proposed new format. A simpler, uniform label format that would allow biologics licensees and permittees to more clearly communicate product performance information to the end user. In addition, the rule would simplify the evaluation of efficacy studies and reduce the amount of time required by APHIS to evaluate study data, thus allowing manufacturers to market their products sooner. Risks: APHIS has not identified any risks associated with this proposed action. Timetable: Action Date FR Cite Notice 05/24/11 76 FR 30093 Comment Period End 07/25/11 NPRM 01/00/14 NPRM Comment Period End 03/00/14 Regulatory Flexibility Analysis Required: Undetermined. Small Entities Affected: Businesses. Government Levels Affected: None. Additional Information: Additional information about APHIS and its programs is available on the Internet at http://www.aphis.usda.gov. Agency Contact: Donna L Malloy, Operational Support Section, Center for Veterinary Biologics, Policy, Evaluation, and Licensing, VS, Department of Agriculture, Animal and Plant Health Inspection Service, 4700 River Road, Unit 148, Riverdale, MD 20737-1231, Phone: 301 851-3426. RIN: 0579-AD64 USDA—APHIS 5. Brucellosis and Bovine Tuberculosis; Update of General Provisions Priority: Other Significant. Legal Authority: 7 U.S.C. 1622; 7 U.S.C. 8301 to 8317; 15 U.S.C. 1828; 21 U.S.C. 136 and 136a; 31 U.S.C. 9701 CFR Citation: 9 CFR 50 and 51; 9 CFR 71; 9 CFR 76 to 78; 9 CFR 86; 9 CFR 93; 9 CFR 161. Legal Deadline: None. Abstract: This rulemaking would consolidate the regulations governing bovine tuberculosis (TB), currently found in 9 CFR part 77, and those governing brucellosis, currently found in 9 CFR [Text truncated at 120,000 characters. The full text is on the page linked above.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A2013-29627. Public record. Not legal advice.