Introduction to the Unified Agenda of Federal Regulatory and Deregulatory Actions

REGULATORY INFORMATION SERVICE CENTER

Introduction to the Unified Agenda of Federal Regulatory and Deregulatory Actions

AGENCY:

Regulatory Information Service Center.

ACTION:

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

SUMMARY:

Publication of the Unified Agenda of Regulatory and Deregulatory Actions and the Regulatory Plan represent key components of the regulatory planning mechanism prescribed in Executive Order 12866, “Regulatory Planning and Review” (58 FR 51735) and incorporated in Executive Order 13563, “Improving Regulation and Regulatory Review” issued on January 18, 2011 (76 FR 3821). The fall editions of the Unified Agenda include the agency regulatory plans required by E.O. 12866, which identify regulatory priorities and provide additional detail about the most important significant regulatory actions that agencies expect to take in the coming year.

In addition, the Regulatory Flexibility Act requires that agencies publish semiannual “regulatory flexibility agendas” describing regulatory actions they are developing that will have significant effects on small businesses and other small entities (5 U.S.C. 602).

The Unified Agenda of Regulatory and Deregulatory Actions (Unified Agenda), published in the fall and spring, helps agencies fulfill all of these requirements. All federal regulatory agencies have chosen to publish their regulatory agendas as part of this publication. The complete Unified Agenda and Regulatory Plan can be found online at

http://www.reginfo.gov

and a reduced print version can be found in the

Federal Register

. Information regarding obtaining printed copies can also be found on the Reginfo.gov Web site (or below, VI. How Can Users Get Copies of the Plan and the Agenda?).

The fall 2015 Unified Agenda publication appearing in the

Federal Register

consists of The Regulatory Plan and agency regulatory flexibility agendas, in accordance with the publication requirements of the Regulatory Flexibility Act. Agency regulatory flexibility agendas contain only those Agenda entries for rules that are likely to have a significant economic impact on a substantial number of small entities and entries that have been selected for periodic review under section 610 of the Regulatory Flexibility Act.

The complete fall 2015 Unified Agenda contains the Regulatory Plans of 30 Federal agencies and 59 Federal agency regulatory agendas.

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), U.S. 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 2015 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

Federal Acquisition Regulation

Independent Regulatory Agencies

Consumer Financial Protection Bureau

Consumer Product Safety Commission

Federal Trade Commission

National Indian Gaming Commission

Nuclear Regulatory Commission

AGENCY REGULATORY FLEXIBILITY AGENDAS

Cabinet Departments

Department of Agriculture

Department of Commerce

Department of Defense

Department of Education

Department of Energy

Department of Health and Human Services

Department of Homeland Security

Department of Housing and Urban Development

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

Federal Acquisition Regulation

Independent Agencies

Consumer Financial Protection Bureau

Consumer Product Safety Commission

Federal Communication Commission

Federal Reserve System

Nuclear Regulatory Commission

Securities and Exchange Commission

INTRODUCTION TO THE REGULATORY PLAN AND THE UNIFIED AGENDA OF FEDERAL REGULATORY AND DEREGULATORY ACTIONS

I. What are the Regulatory Plan and the Unified Agenda?

The Regulatory Plan

serves as a defining statement of the Administration's regulatory and deregulatory policies and priorities. The Plan is part of the fall edition of the Unified Agenda. Each participating agency's regulatory plan contains: (1) A narrative statement of the agency's regulatory and deregulatory priorities, and, for the most part, (2) a description of the most important significant regulatory and deregulatory actions that the agency reasonably expects to issue in proposed or final form during the upcoming fiscal year. This edition includes the regulatory plans of 30 agencies.

The Unified Agenda

provides information about regulations that the

Government is considering or reviewing. The Unified Agenda has appeared in the

Federal Register

twice each year since 1983 and has been available online since 1995. The complete Unified Agenda is available to the public at

http://www.reginfo.gov

. The online Unified Agenda offers flexible search tools and access to the historic Unified Agenda database to1995. The complete online edition of the Unified Agenda includes regulatory agendas from 61 Federal agencies. Agencies of the United States Congress are not included.

The fall 2015 Unified Agenda publication appearing in the

Federal Register

consists of The Regulatory Plan and agency regulatory flexibility agendas, in accordance with the publication requirements of the Regulatory Flexibility Act. Agency regulatory flexibility agendas contain only those Agenda entries for rules that are likely to have a significant economic impact on a substantial number of small entities and entries that have been selected for periodic review under section 610 of the Regulatory Flexibility Act. Printed entries display only the fields required by the Regulatory Flexibility Act. Complete agenda information for those entries appears, in a uniform format, in the online Unified Agenda at

http://www.reginfo.gov

.

The following agencies have no entries 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 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 National Drug Control Policy

Office of Personnel Management*

Peace Corps

Pension Benefit Guaranty Corporation*

Railroad Retirement Board

Social Security Administration*

Commodity Futures Trading Commission

Consumer Product Safety Commission*

Farm Credit Administration

Federal Deposit Insurance Corporation

Federal Energy Regulatory Commission

Federal Housing Finance Agency

Federal Maritime Commission

Federal Trade Commission*

Gulf Coast Ecosystem Restoration Council

National Council on Disability

National Credit Union Administration

National Indian Gaming Commission*

National Labor Relations Board

National Transportation Safety 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 (incorporated in Executive Order 13563). The Center also provides information about Federal regulatory activity to the President and his Executive Office, the Congress, agency officials, and the public.

The activities included in the Agenda are, in general, those that will have a regulatory action within the next 12 months. Agencies may choose to include activities that will have a longer timeframe than 12 months. Agency agendas also show actions or reviews completed or withdrawn since the last Unified Agenda. Executive Order 12866 does not require agencies to include regulations concerning military or foreign affairs functions or regulations related to agency organization, management, or personnel matters.

Agencies prepared entries for this publication to give the public notice of their plans to review, propose, and issue regulations. They have tried to predict their activities over the next 12 months as accurately as possible, but dates and schedules are subject to change. Agencies may withdraw some of the regulations now under development, and they may issue or propose other regulations not included in their agendas. Agency actions in the rulemaking process may occur before or after the dates they have listed. The Regulatory Plan and Unified Agenda do not create a legal obligation on agencies to adhere to schedules in this publication or to confine their regulatory activities to those regulations that appear within it.

II. Why are the Regulatory Plan and the Unified Agenda published?

The Regulatory Plan and the Unified Agenda

helps agencies comply with their obligations under the Regulatory Flexibility Act and various Executive orders and other statutes.

Regulatory Flexibility Act

The Regulatory Flexibility Act

requires agencies to identify those rules that may have a significant economic impact on a substantial number of small entities (5 U.S.C. 602). Agencies meet that requirement by including the information in their submissions for the Unified Agenda. Agencies may also indicate those regulations that they are reviewing as part of their periodic review of existing rules under the Regulatory Flexibility Act (5 U.S.C. 610). Executive Order 13272, “Proper Consideration of Small Entities in Agency Rulemaking,” signed August 13, 2002 (67 FR 53461), provides additional guidance on compliance with the Act.

Executive Order 12866

Executive Order 12866,

“Regulatory Planning and Review,” 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 13563

Executive Order 13563,

“Improving Regulation and Regulatory Review,” issued on 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.

Executive Order 13132

Executive Order 13132,

“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 non-statutory unfunded substantial direct compliance costs on State and local governments, must consult with State and local officials early in the process of developing the regulation. In addition, the agency must provide to the Director of the Office of Management and Budget a federalism summary impact statement for such a regulation, which consists of a description of the extent of the agency's prior consultation with State and local officials, a summary of their concerns and the agency's position supporting the need to issue the regulation, and a statement of the extent to which those concerns have been met. As part of this effort, agencies include in their submissions for the Unified Agenda information on whether their regulatory actions may have an effect on the various levels of government and whether those actions have federalism implications.

Unfunded Mandates Reform Act of 1995

The Unfunded Mandates Reform Act of 1995

(Pub. L. 104-4, title II) requires agencies to prepare written assessments of the costs and benefits of significant regulatory actions “that may result in the expenditure by State, local, and tribal governments, in the aggregate, or by the private sector, of $100,000,000 or more . . . in any 1 year . . .” The requirement does not apply to independent regulatory agencies, nor does it apply to certain subject areas excluded by section 4 of the Act. Affected agencies identify in the Unified Agenda those regulatory actions they believe are subject to title II of the Act.

Executive Order 13211

Executive Order 13211,

“Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use,” signed May 18, 2001 (66 FR 28355), directs agencies to provide, to the extent possible, information regarding the adverse effects that agency actions may have on the supply, distribution, and use of energy. Under the Order, the agency must prepare and submit a Statement of Energy Effects to the Administrator of the Office of Information and Regulatory Affairs, Office of Management and Budget, for “those matters identified as significant energy actions.” As part of this effort, agencies may optionally include in their submissions for the Unified Agenda information on whether they have prepared or plan to prepare a Statement of Energy Effects for their regulatory actions.

Small Business Regulatory Enforcement Fairness Act

The Small Business Regulatory Enforcement Fairness Act

(Pub. L. 104-121, title II) established a procedure for congressional review of rules (5 U.S.C. 801

et seq.

), which defers, unless exempted, the effective date of a “major” rule for at least 60 days from the publication of the final rule in the

Federal Register

. The Act specifies that a rule is “major” if it has resulted, or is likely to result, in an annual effect on the economy of $100 million or more or meets other criteria specified in that Act. The Act provides that the Administrator of OIRA will make the final determination as to whether a rule is major.

III. How are the Regulatory Plan and the Unified Agenda organized?

The Regulatory Plan

appears in part II in a daily edition of the

Federal Register

. The Plan is a single document beginning with an introduction, followed by a table of contents, followed by each agency's section of the Plan. Following the Plan in the

Federal Register

, as separate parts, are the regulatory flexibility agendas for each agency whose agenda includes entries for rules which are likely to have a significant economic impact on a substantial number of small entities or rules that have been selected for periodic review under section 610 of the Regulatory Flexibility Act. Each printed agenda appears as a separate part. The sections of the Plan and the parts of the Unified Agenda are organized alphabetically in four groups: Cabinet departments; other executive agencies; the Federal Acquisition Regulation, a joint authority (Agenda only); and independent regulatory agencies. Agencies may in turn be divided into subagencies. Each printed agency agenda has a table of contents listing the agency's printed entries that follow. Each agency's part of the Agenda contains a preamble providing information specific to that agency. Each printed agency agenda has a table of contents listing the agency's printed entries that follow.

Each agency's section of the Plan contains a narrative statement of regulatory priorities and, for most agencies, a description of the agency's most important significant regulatory and deregulatory actions. Each agency's part of the Agenda contains a preamble providing information specific to that agency plus descriptions of the agency's regulatory and deregulatory actions.

The online, complete Unified Agenda contains the preambles of all participating agencies. Unlike the printed edition, the online Agenda has no fixed ordering. In the online Agenda, users can select the particular agencies' agendas they want to see. Users have broad flexibility to specify the characteristics of the entries of interest to them by choosing the desired responses to individual data fields. To see a listing of all of an agency's entries, a user can select the agency without specifying any particular characteristics of entries.

Each entry in the Agenda is associated with one of five rulemaking stages. The rulemaking stages are:

1.

Prerule Stage

—actions agencies will undertake to determine whether or how to initiate rulemaking. Such actions occur prior to a Notice of Proposed Rulemaking (NPRM) and may include Advance Notices of Proposed Rulemaking (ANPRMs) and reviews of existing regulations.

2.

Proposed Rule Stage

—actions for which agencies plan to publish a Notice of Proposed Rulemaking as the next step in their rulemaking process or for which the closing date of the NPRM Comment Period is the next step.

3.

Final Rule Stage

—actions for which agencies plan to publish a final rule or an interim final rule or to take other final action as the next step.

4.

Long-Term Actions

—items under development but for which the agency does not expect to have a regulatory action within the 12 months after publication of this edition of the Unified Agenda. Some of the entries in this section may contain abbreviated information.

5.

Completed Actions

— actions or reviews the agency has completed or withdrawn since publishing its last 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 12/00/14 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 2014.

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.

Statement of Need

—a description of the need for the regulatory action.

Summary of the Legal Basis

—a description of the legal basis for the action, including whether any aspect of the action is required by statute or court order.

Alternatives

—a description of the alternatives the agency has considered or will consider as required by section 4(c)(1)(B) of Executive Order 12866.

Anticipated Costs and Benefits

—a description of preliminary estimates of the anticipated costs and benefits of the action.

Risks

—a description of the magnitude of the risk the action addresses, the amount by which the agency expects the action to reduce this risk, and the relation of the risk and this risk reduction effort to other risks and risk reduction efforts within the agency's jurisdiction.

V. Abbreviations

The following abbreviations appear throughout this publication:

ANPRM

—An Advance Notice of Proposed Rulemaking is a preliminary notice, published in the

Federal Register

, announcing that an agency is considering a regulatory action. An agency may issue an ANPRM before it develops a detailed proposed rule. An ANPRM describes the general area that may be subject to regulation and usually asks for public comment on the issues and options being discussed. An ANPRM is issued only when an agency believes it needs to gather more information before proceeding to a notice of proposed rulemaking.

CFR

—The Code of Federal Regulations is an annual codification of the general and permanent regulations published in the

Federal Register

by the agencies of the Federal Government. The Code is divided into 50 titles, each title covering a broad area subject to Federal regulation. The CFR is keyed to and kept up to date by the daily issues of the

Federal Register

.

E.O.

—An Executive order is a directive from the President to Executive agencies, issued under constitutional or statutory authority. Executive orders are published in the

Federal Register

and in title 3 of the Code of Federal Regulations.

FR

—The

Federal Register

is a daily Federal Government publication that provides a uniform system for publishing Presidential documents, all proposed and final regulations, notices of meetings, and other official documents issued by Federal agencies.

FY

—The Federal fiscal year runs from October 1 to September 30.

NPRM

—A Notice of Proposed Rulemaking is the document an agency issues and publishes in the

Federal Register

that describes and solicits public comments on a proposed regulatory action. Under the Administrative Procedure Act (5 U.S.C. 553), an NPRM must include, at a minimum:

• A statement of the time, place, and nature of the public rulemaking proceeding;

• 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.

Public Law (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 Regulatory Plan and 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 Regulatory Plan and the Unified Agenda. Note that a specific regulatory action will have the same RIN throughout its development but will generally have different sequence numbers if it appears in

different printed editions of the Unified Agenda. Sequence numbers are not used in the online Unified Agenda.

U.S.C.

—The United States Code is a consolidation and codification of all general and permanent laws of the United States. The U.S.C. is divided into 50 titles, each title covering a broad area of Federal law.

VI. How can users get copies of the Plan and the Agenda?

Copies of the

Federal Register

issue containing the printed edition of The Regulatory Plan and the Unified Agenda (agency regulatory flexibility agendas) are available from the Superintendent of Documents, U.S. Government 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.

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 16, 2015.

John C. Thomas,

Executive Director.

INTRODUCTION TO THE 2015 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, reaffirms the requirements of Executive Order 12866. Consistent with these Executive Orders, the Office of Information and Regulatory Affairs (OIRA) is providing the 2015 Unified Regulatory Agenda (Agenda) and the Regulatory Plan (Plan) for public review. The Agenda and Plan are preliminary statements of regulatory and deregulatory policies and priorities under consideration. The Agenda and Plan include “active rulemakings” that agencies could possibly conclude over the next year.

The Plan provides a list of important regulatory actions that agencies are considering for issuance in proposed or final form during the 2016 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 but on which they are actively working.

A central purpose of the Agenda is to involve the public, including State, local, and tribal officials, in Federal regulatory planning. The public examination of the Agenda and Plan will facilitate public participation in 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.” We emphasize that rules listed on the Agenda must still undergo significant development and review before they are issued. No regulatory action can become effective until it has gone through the legally required processes, which generally include public notice 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. Among other information, the Agenda also provides an initial classification of whether a rulemaking is “significant” or “economically significant” under the terms of Executive Orders 12866 and 13563. 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) can depend on several factors: Regulations may count as economically significant because they impose costs, confer large benefits, or remove significant burdens.

Executive Orders 13563 and 13610: Regulatory Development, and the Retrospective Review of Regulation

Executive Order 13563 reaffirmed the principles, structures, and definitions in Executive Order 12866, which has long governed regulatory review. Executive Order 13563 explicitly points to the need for predictability and certainty in the regulatory system, as well as for use of the least burdensome means to achieving regulatory ends. These Executive Orders include 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. They also establish public participation, integration and innovation, flexible approaches, scientific integrity, and retrospective review as areas of emphasis in regulation. In particular, Executive Order 13563 explicitly draws attention to the need to measure and improve “the actual results of regulatory requirements”—a clear reference to the importance of the retrospective review of regulations.

Executive Order 13563 addresses new regulations that are under development, as well as retrospective review of 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 a rule's likely impacts, and the actual costs and benefits of a regulation may be lower or higher than what was anticipated when the rule was originally developed.

Executive Order 13610,

Identifying and Reducing Regulatory Burdens,

issued in 2012, institutionalizes the retrospective—or “lookback”—mechanism set out in Executive Order 13563 by requiring agencies to report to the Office of Management and Budget and to the public twice each year (January and July) on the status of their retrospective review efforts. In these reports, agencies are to “describe progress, anticipated accomplishments, and proposed timelines for relevant actions.”

Executive Orders 13563 and 13610 recognize that circumstances may change in a way that requires reconsideration of regulatory requirements. Lookback analysis allows agencies to reevaluate existing rules and to streamline, modify, or eliminate those regulations that do not make sense in their current form. The agencies' lookback efforts so far during this Administration have yielded approximately $22 billion in savings for the American public over the next five years.

The Administration is continuing to work with agencies to institutionalize retrospective review so that agencies regularly review existing rules on the books to ensure they remain effective, cost-justified, and based on the best available science. The Administration will continue to examine what is working and what is not, and eliminate unjustified and outdated regulations.

Regulatory lookback is an ongoing exercise, and continues to be a high priority for the Administration. In accordance with Executive Orders 13610 and 13563, in July 2015, agencies submitted to OIRA the latest updates of their retrospective review plans, which are publicly available at:

https://www.whitehouse.gov/omb/oira/regulation-reform

. Federal agencies will again update their retrospective review plans in January 2016. OIRA has asked agencies to continue to emphasize regulatory lookbacks in their latest Regulatory Plans.

Reflecting that focus, the current Agenda lists approximately seventy-five rules under active development that are characterized as retroactively reviewing existing programs. Below are some examples of agency plans to reevaluate current practices in accordance with Executive Orders 13563 and 13610:

—After extensive public engagement and in response to a recent court decision, the Environmental Protection Agency (EPA) is proposing revisions to the 2007 Exceptional Events rule. These revisions will streamline the process that states follow to decide whether air quality monitoring data associated with an “exceptional event” should be included when determining if an area is meeting national air quality standards. Exceptional events include natural events such as wildfires, stratospheric ozone intrusions, and volcanic and seismic activities. Given the possible influence of wildfires on ozone, EPA is also releasing draft guidance that provides states with additional information on preparing exceptional events demonstrations for wildfires as they relate to the ozone standards.

—The Department of Labor (DOL) has taken steps to include retrospective analysis requirements in new

regulations in order to facilitate evaluation of their impacts. For example, DOL's Mine Safety and Health Administration announced in its 2014 Respirable Dust final rule that it will conduct a retrospective review in 2017 to evaluate the data collected using continuous personal dust monitors. Additionally, the Occupational Safety and Health Administration's Recordkeeping and Reporting Requirements final rule—moving from the Standard Industrial Classification System to the North American Industry Classification System for determining which industries are low-hazard and potentially exempt from recordkeeping requirements—includes a commitment to conduct a retrospective review of the agency's recordkeeping regulations. Finally, in DOL's Wage and Hour Division's recent Notice of Proposed Rulemaking to modernize the Fair Labor Standards Act's Overtime Exemptions for Executive, Administrative, Professional, Outside Sales and Computer Employees, the Division proposed to consider a future retrospective review of the rule after it is finalized and implemented.

—The Department of Housing and Urban Development (HUD) is working on a final rule to streamline, in several ways, the inspection and home warranty requirements for the Federal Housing Administration's (FHA) single family mortgage insurance. In doing so, FHA would increase choice and lower the costs for FHA borrowers. First, HUD is considering the removal of regulations that require the use of an inspector from the FHA Inspector Roster as a condition for FHA mortgage insurance. This change is based on the recognition of the sufficiency and quality of inspections carried out by local jurisdictions. Second, this rule would also remove the regulations requiring homeowners to purchase 10-year protection plans from FHA-approved warranty issuers to qualify for high loan-to-value FHA-insured mortgages. This change is based on the increased quality of construction materials and the standardization of building codes and building code enforcement. HUD expects the rule to increase flexibility for homeowners and reduce the regulatory burden on lenders.

Executive Order 13609: International Regulatory Cooperation

In addition to using regulatory lookback as a tool to make the regulatory system more efficient, the Administration has focused on promoting international regulatory cooperation. International regulatory cooperation supports economic growth, job creation, innovation, trade and investment, while also protecting public health, safety, and welfare. In May 2012, President Obama issued Executive Order 13609,

Promoting International Regulatory Cooperation,

which emphasizes the importance of these efforts as a key tool for eliminating unnecessary differences in regulation between the United States and its major trading partners. Additionally, as part of the regulatory lookback 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.”

Executive Order 13609 also directed each agency to submit a Regulatory Plan that includes “a summary of its international regulatory cooperation activities that are reasonably anticipated to lead to significant regulations.” Further, Executive Order 13609 requires each agency to “ensure that significant regulations that the agency identifies as having significant international impacts are designated as such” in the Regulatory Agenda.

In furtherance of this focus on international regulatory cooperation, in the summer of 2014, the United States and Canada released the U.S.-Canada Regulatory Cooperation Council (RCC) Joint Forward Plan.

1

The Forward Plan identifies twenty-four areas of cooperation where the United States and Canada will work together over the next three to five years in order to modernize our thinking around international regulatory cooperation and develop a toolbox of strategies to address international regulatory issues as they arise. Building on the Forward Plan, in the Spring of 2015, agencies in the United States and Canada issued joint work plans to guide focused international regulatory cooperation efforts. The Forward Plan and related work represent a significant turning point in the Administration's regulatory cooperation relationship with Canada, and outline new Federal agency-level partnership arrangements to help institutionalize the ways in which our regulators work together. The Forward Plan will help remove unnecessary requirements, develop common standards, and identify potential areas where future regulation may unnecessarily differ. This kind of international cooperation on regulations between the United States and Canada will help eliminate barriers to doing business in the United States or with U.S. companies, grow the economy, and create jobs. The Administration also continues to work with other countries, including Mexico and Brazil, to identify opportunities for regulatory cooperation.

1

Available at:

http://www.whitehouse.gov/sites/default/files/omb/oira/irc/us-canada-rcc-joint-forward-plan.pdf

.

The Administration continues to foster a regulatory system that emphasizes the careful consideration of costs and benefits, public participation, integration, regulatory innovation, flexible regulatory approaches, and science. These considerations 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 21st Century.

Department of Agriculture

Sequence No.

Title

Regulation

Identifier No.

Rulemaking stage

1

Payment Limitation and Payment Eligibility—Actively Engaged in Farming

0560-AI31

Final Rule Stage.

2

Importation, Interstate Movement, and Release Into the Environment of Certain Genetically Engineered Organisms

0579-AE15

Prerule Stage.

3

General Administrative Regulations; Catastrophic Risk Protection Endorsement; Area Risk Protection Insurance Regulations; and the Common Crop Insurance Regulations, Basic Provisions

0563-AC43

Final Rule Stage.

4

Enhancing Retailer Eligibility Standards in SNAP

0584-AE27

Proposed Rule Stage.

5

Supplemental Nutrition Assistance Program (SNAP) Photo Electronic Benefit Transfer (EBT) Card Implementation Requirements

0584-AE45

Proposed Rule Stage.

6

National School Lunch and School Breakfast Programs: Nutrition Standards for All Foods Sold in School, as Required by the Healthy, Hunger-Free Kids Act of 2010

0584-AE09

Final Rule Stage.

7

Child and Adult Care Food Program: Meal Pattern Revisions Related to the Healthy, Hunger-Free Kids Act of 2010

0584-AE18

Final Rule Stage.

8

Requirements for the Disposition of Non-Ambulatory Disabled Veal Calves

0583-AD54

Final Rule Stage.

9

USDA Local and Regional Food Aid Procurement Program

0551-AA87

Final Rule Stage.

10

Program Measures and Metrics

0570-AA95

Final Rule Stage.

11

Rural Broadband Access Loans and Loan Guarantees

0572-AC34

Final Rule Stage.

12

Agricultural Conservation Easement Program

0578-AA61

Final Rule Stage.

13

Environmental Quality Incentives Program (EQIP)

0578-AA62

Final Rule Stage.

14

Conservation Stewardship Program

0578-AA63

Final Rule Stage.

Department of Defense

Sequence No.

Title

Regulation

Identifier No.

Rulemaking stage

15

Sexual Assault Prevention and Response (SAPR) Program

0790-AJ40

Proposed Rule Stage.

16

Sexual Assault Prevention and Response Program Procedures

0790-AI36

Final Rule Stage.

17

Transition Assistance Program (TAP) for Military Personnel

0790-AJ17

Final Rule Stage.

18

Department of Defense (DoD)-Defense Industrial Base (DIB) Cybersecurity (CS) Activities

0790-AJ29

Final Rule Stage.

19

Detection and Avoidance of Counterfeit Electronic Parts—Further Implementation (DFARS Case 2014-D005)

0750-AI58

Proposed Rule Stage.

20

Network Penetration Reporting and Contracting for Cloud Services (DFARS Case 2013-D018)

0750-AI61

Final Rule Stage.

21

TRICARE: Mental Health and Substance Use

0720-AB65

Proposed Rule Stage.

Department of Education

Sequence No.

Title

Regulation

Identifier No.

Rulemaking stage

22

REPAYE

1840-AD18

Final Rule Stage.

23

Workforce Innovation and Opportunity Act

1830-AA21

Final Rule Stage.

Department of Energy

Sequence No.

Title

Regulation

Identifier No.

Rulemaking stage

24

Coverage Determination for Computers and Battery Backup Systems

1904-AD04

Proposed Rule Stage.

25

Energy Conservation Standards for General Service Lamps

1904-AD09

Proposed Rule Stage.

26

Energy Conservation Standards for Residential Non-Weatherized Gas Furnaces

1904-AD20

Proposed Rule Stage.

27

Energy Conservation Standards for Commercial Water Heating Equipment

1904-AD34

Proposed Rule Stage.

28

Energy Conservation Standards for Central Air Conditioners and Heat Pumps

1904-AD37

Proposed Rule Stage.

29

Energy Conservation Standards for Commercial and Industrial Pumps

1904-AC54

Final Rule Stage.

30

Energy Conservation Standards for Small, Large, and Very Large Commercial Package A/C and Heating Equipment

1904-AC95

Final Rule Stage.

Department of Health and Human Services

Sequence No.

Title

Regulation

Identifier No.

Rulemaking stage

31

Increase Number of Patients to which Drug Addiction Treatment Act (DATA)-Waived Physicians Can Prescribe Buprenorphine

0930-AA22

Proposed Rule Stage.

32

Food Labeling: Revision of the Nutrition and Supplement Facts Labels

0910-AF22

Final Rule Stage.

33

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

Final Rule Stage.

34

Standards for the Growing, Harvesting, Packing, and Holding of Produce for Human Consumption

0910-AG35

Final Rule Stage.

35

“Tobacco Products” Subject to the Federal Food, Drug, and Cosmetic Act, as Amended by the Family Smoking Prevention and Tobacco Control Act

0910-AG38

Final Rule Stage.

36

Reports of Distribution and Sales Information for Antimicrobial Active Ingredients Used in Food-Producing Animals

0910-AG45

Final Rule Stage.

37

Focused Mitigation Strategies To Protect Food Against Intentional Adulteration

0910-AG63

Final Rule Stage.

38

Foreign Supplier Verification Program

0910-AG64

Final Rule Stage.

39

Accreditation of Third-Party Auditors/Certification Bodies to Conduct Food Safety Audits and to Issue Certifications

0910-AG66

Final Rule Stage.

40

Supplemental Applications Proposing Labeling Changes for Approved Drugs and Biological Products

0910-AG94

Final Rule Stage.

41

Sanitary Transportation of Human and Animal Food

0910-AG98

Final Rule Stage.

42

Programs of All-Inclusive Care for the Elderly (PACE) Update (CMS-4168-P)

0938-AR60

Proposed Rule Stage.

43

Expansion of the CMS Qualified Entity Program (CMS-5061-P)

0938-AS66

Proposed Rule Stage.

44

Merit-Based Incentive Payment System (MIPS) and Alternative Payment Models (APMs) in Medicare Fee-for-Service (CMS-5517-P)

0938-AS69

Proposed Rule Stage.

45

Hospital Inpatient Prospective Payment System for Acute Care Hospitals and the Long-Term Care Hospital Prospective Payment System and FY 2017 Rates (CMS-1655-P)

0938-AS77

Proposed Rule Stage.

46

CY 2017 Revisions to Payment Policies Under the Physician Fee Schedule and Other Revisions to Medicare Part B (CMS-1654-P)

0938-AS81

Proposed Rule Stage.

47

CY 2017 Hospital Outpatient PPS Policy Changes and Payment Rates and Ambulatory Surgical Center Payment System Policy Changes and Payment Rates (CMS-1656-P)

0938-AS82

Proposed Rule Stage.

48

Medicaid Managed Care, CHIP Delivered in Managed Care, Medicaid and CHIP Comprehensive Quality Strategies, and Revisions related to Third Party Liability (CMS-2390-F)

0938-AS25

Final Rule Stage.

Department of Homeland Security

Sequence No.

Title

Regulation

Identifier No.

Rulemaking stage

49

Chemical Facility Anti-Terrorism Standards (CFATS)

1601-AA69

Proposed Rule Stage.

50

Adjustment of Status to Lawful Permanent Resident for Aliens in T and U Nonimmigrant Status

1615-AA60

Proposed Rule Stage.

51

New Classification for Victims of Criminal Activity; Eligibility for the U Nonimmigrant Status

1615-AA67

Proposed Rule Stage.

52

Exception to the Persecution Bar for Asylum, Refugee, and Temporary Protected Status, and Withholding of Removal

1615-AB89

Proposed Rule Stage.

53

Requirements for Filing Motions and Administrative Appeals

1615-AB98

Proposed Rule Stage.

54

Significant Public Benefit Parole for Entrepreneurs

1615-AC04

Proposed Rule Stage.

55

Retention of EB-1, EB-2, and EB-3 Immigrant Workers and Program Improvements Affecting Highly-Skilled H-1B Alien Workers

1615-AC05

Proposed Rule Stage.

56

Classification for Victims of Severe Forms of Trafficking in Persons; Eligibility for T Nonimmigrant Status

1615-AA59

Final Rule Stage.

57

Application of Immigration Regulations to the Commonwealth of the Northern Mariana Islands

1615-AB77

Final Rule Stage.

58

Special Immigrant Juvenile Petitions

1615-AB81

Final Rule Stage.

59

Enhancing Opportunities for H-1B1, CW-1, and E-3 Nonimmigrants and EB-1 Immigrants

1615-AC00

Final Rule Stage.

60

Expansion of Provisional Unlawful Presence Waivers of Inadmissibility

1615-AC03

Final Rule Stage.

61

Inspection of Towing Vessels

1625-AB06

Final Rule Stage.

62

Transportation Worker Identification Credential (TWIC); Card Reader Requirements

1625-AB21

Final Rule Stage.

63

Air Cargo Advance Screening (ACAS)

1651-AB04

Proposed Rule Stage.

64

Definition of Form I-94 to Include Electronic Format

1651-AA96

Final Rule Stage.

65

Security Training for Surface Mode Employees

1652-AA55

Proposed Rule Stage.

66

Passenger Screening Using Advanced Imaging Technology

1652-AA67

Final Rule Stage.

67

Improving and Expanding Training Opportunities for F-1 Nonimmigrant Students with STEM Degrees and Expanding Cap-Gap Relief for All F-1 Students With Pending H-1B Petitions

1653-AA72

Proposed Rule Stage.

Department of Housing and Urban Development

Sequence No.

Title

Regulation

Identifier No.

Rulemaking stage

68

Narrowing the Digital Divide through Broadband Installation in HUD-Funded New Construction and Substantial Rehabilitation (FR-5890)

2501-AD75

Proposed Rule Stage.

69

Narrowing the Digital Divide Through Community Planning: Integrating Broadband Planning Into HUD's Consolidated Planning Process (FR-5891)

2506-AC41

Proposed Rule Stage.

Department of Justice

Sequence No.

Title

Regulation

Identifier No.

Rulemaking stage

70

Implementation of the ADA Amendments Act of 2008 (Section 504 of the Rehabilitation Act of 1973)

1190-AA60

Proposed Rule Stage.

71

Nondiscrimination on the Basis of Disability: Accessibility of Web Information and Services of State and Local Governments

1190-AA65

Proposed Rule Stage.

72

Revision of Standards and Procedures for the Enforcement of Section 274B of the Immigration and Nationality Act

1190-AA71

Proposed Rule Stage.

73

Implementation of the ADA Amendments Act of 2008 (Title II and Title III of the ADA)

1190-AA59

Final Rule Stage.

74

Nondiscrimination on the Basis of Disability; Movie Captioning and Audio Description

1190-AA63

Final Rule Stage.

75

Motions To Reopen Removal, Deportation, or Exclusion Proceedings Based Upon a Claim of Ineffective Assistance of Counsel

1125-AA68

Proposed Rule Stage.

76

Recognition of Organizations and Accreditation of Non-Attorney Representatives

1125-AA72

Proposed Rule Stage.

Department of labor

Sequence No.

Title

Regulation

Identifier No.

Rulemaking stage

77

Establishing Paid Sick Leave for Contractors, Executive Order 13706

1235-AA13

Proposed Rule Stage.

78

Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales, and Computer Employees

1235-AA11

Final Rule Stage.

79

Workforce Innovation and Opportunity Act

1205-AB73

Proposed Rule Stage.

80

Savings Arrangements Established by States for Non-Governmental Employees

1210-AB71

Proposed Rule Stage.

81

Respirable Crystalline Silica

1219-AB36

Proposed Rule Stage.

82

Proximity Detection Systems for Mobile Machines in Underground Mines

1219-AB78

Proposed Rule Stage.

83

Criteria and Procedures for Proposed Assessment of Civil Penalties

1219-AB72

Final Rule Stage.

84

Occupational Exposure to Crystalline Silica

1218-AB70

Final Rule Stage.

85

Improve Tracking of Workplace Injuries and Illnesses

1218-AC49

Final Rule Stage.

Department of Transportation

Sequence No.

Title

Regulation

Identifier No.

Rulemaking stage

86

Use of Mobile Wireless Devices for Voice Calls on Aircraft

2105-AE30

Proposed Rule Stage.

87

Airport Safety Management System

2120-AJ38

Proposed Rule Stage.

88

Pilot Professional Development

2120-AJ87

Proposed Rule Stage.

89

Revision of Airworthiness Standards for Normal, Utility, Acrobatic, and Commuter Category Airplanes

2120-AK65

Proposed Rule Stage.

90

Operation and Certification of Small Unmanned Aircraft Systems

2120-AJ60

Final Rule Stage.

91

National Goals and Performance Management Measures (MAP-21)

2125-AF54

Proposed Rule Stage.

92

National Goals and Performance Management Measures (MAP-21)

2125-AF49

Final Rule Stage.

93

National Goals and Performance Management Measures (MAP-21)

2125-AF53

Final Rule Stage.

94

Carrier Safety Fitness Determination

2126-AB11

Proposed Rule Stage.

95

Entry-Level Driver Training

2126-AB66

Proposed Rule Stage.

96

Commercial Driver's License Drug and Alcohol Clearinghouse (MAP-21)

2126-AB18

Final Rule Stage.

97

Rear Seat Belt Reminder System

2127-AL37

Proposed Rule Stage.

98

Fuel Efficiency Standards for Medium- and Heavy-Duty Vehicles and Work Trucks: Phase 2

2127-AL52

Proposed Rule Stage.

99

Transit Asset Management

2132-AB07

Proposed Rule Stage.

100

Public Transportation Agency Safety Plans

2132-AB23

Proposed Rule Stage.

101

Pipeline Safety: Safety of On-Shore Liquid Hazardous Pipelines

2137-AE66

Proposed Rule Stage.

102

Pipeline Safety: Gas Transmission

2137-AE72

Proposed Rule Stage.

103

Hazardous Materials: Oil Spill Response Plans and Information Sharing for High-Hazard Flammable Trains

2137-AF08

Proposed Rule Stage.

Environmental Protection Agency

Sequence No.

Title

Regulation

Identifier No.

Rulemaking stage

104

Interstate Transport Rule for the 2008 Ozone NAAQS

2060-AS05

Proposed Rule Stage.

105

Oil and Natural Gas Sector: Emission Standards for New and Modified Sources

2060-AS30

Proposed Rule Stage.

106

Model Trading Rules for Greenhouse Gas Emissions From Electric Utility Generating Units Constructed on or Before January 8, 2014

2060-AS47

Proposed Rule Stage.

107

Proposed Renewable Fuel Volume Standards for 2017 and Biomass Based Diesel Volume (BBD) for 2018

2060-AS72

Proposed Rule Stage.

108

Polychlorinated Biphenyls (PCBs); Reassessment of Use Authorizations

2070-AJ38

Proposed Rule Stage.

109

Trichloroethylene (TCE); Rulemaking Under TSCA Section 6(a)

2070-AK03

Proposed Rule Stage.

110

N-Methylpyrrolidone (NMP) and Methylene Chloride; Rulemaking Under TSCA Section 6(a)

2070-AK07

Proposed Rule Stage.

111

Financial Responsibility Requirements Under CERCLA Section 108(b) for Classes of Facilities in the Hard Rock Mining Industry

2050-AG61

Proposed Rule Stage.

112

User Fee Schedule for Electronic Hazardous Waste Manifest

2050-AG80

Proposed Rule Stage.

113

Modernization of the Accidental Release Prevention Regulations Under Clean Air Act

2050-AG82

Proposed Rule Stage.

114

Review of the National Ambient Air Quality Standards for Lead

2060-AQ44

Final Rule Stage.

115

Greenhouse Gas Emissions and Fuel Efficiency Standards for Medium- and Heavy-Duty Engines and Vehicles—Phase 2

2060-AS16

Final Rule Stage.

116

Renewable Fuel Volume Standards, 2014-2016 (Reg Plan)

2060-AS22

Final Rule Stage.

117

Findings That Greenhouse Gas Emissions From Aircraft Cause Or Contribute To Air Pollution That May Reasonably Be Anticipated to Endanger Public Health And Welfare Under CAA Section 231 (Reg Plan)

2060-AS31

Final Rule Stage.

118

Pesticides; Certification of Pesticide Applicators

2070-AJ20

Final Rule Stage.

119

Formaldehyde Emission Standards for Composite Wood Products

2070-AJ44

Final Rule Stage.

Equal Employment Opportunity Commission

Sequence No.

Title

Regulation

Identifier No.

Rulemaking stage

120

The Federal Sector's Obligation To Be a Model Employer of Individuals With Disabilities

3046-AA94

Proposed Rule Stage.

121

Federal Sector Equal Employment Opportunity Process

3046-AB00

Proposed Rule Stage.

122

Amendments to Regulations Under the Genetic Information Nondiscrimination Act of 2008

3046-AB02

Proposed Rule Stage.

123

Amendments to Regulations Under the Americans With Disabilities Act

3046-AB01

Final Rule Stage.

Small Business Administration

Sequence No.

Title

Regulation

Identifier No.

Rulemaking stage

124

Small Business Innovation Research Program and Small Business Technology Transfer Program Policy Directive

3245-AG64

Proposed Rule Stage.

125

Small Business Investment Company (SBIC) Program; Impact SBICs

3245-AG66

Proposed Rule Stage.

126

Affiliation for Business Loan Programs and Surety Bond Guarantee Program

3245-AG73

Proposed Rule Stage.

127

Small Business Mentor-Protégé Programs

3245-AG24

Final Rule Stage.

128

Small Business Government Contracting and National Defense Authorization Act of 2013 Amendments

3245-AG58

Final Rule Stage.

Social Security Administration

Sequence No.

Title

Regulation

Identifier No.

Rulemaking stage

129

Vocational Factors of Age, Education, and Work Experience in the Adult Disability Determination Process

0960-AH74

Prerule Stage.

130

Revised Medical Criteria for Evaluating Musculoskeletal Disorders (3318P)

0960-AG38

Proposed Rule Stage.

131

Revised Medical Criteria for Evaluating Digestive Disorders (3441P)

0960-AG65

Proposed Rule Stage.

132

Acceptable Medical Sources, Evaluating Evidence, and Treating Sources (3787P)

0960-AH51

Proposed Rule Stage.

133

Returning Evidence at the Appeals Council Level (3844F)

0960-AH64

Proposed Rule Stage.

134

Removal of the Expiration Date for State Disability Examiner Authority to Make Fully Favorable Quick Disability Determinations and Compassionate Allowances

0960-AH70

Proposed Rule Stage.

135

Anti-Harassment and Hostile Work Environment Case Tracking and Records System Revised

0960-AH82

Proposed Rule Stage.

136

Amendment to the Education Category, “Illiterate or Unable to Communicate in English” and Clarification of Previous Work Experience Criterion for Persons who are “Illiterate”

0960-AH86

Proposed Rule Stage.

137

Revised Medical Criteria for Evaluating Neurological Impairments (806F)

0960-AF35

Final Rule Stage.

138

Revised Medical Criteria for Evaluating Respiratory System Disorders (859F)

0960-AF58

Final Rule Stage.

139

Revised Medical Criteria for Evaluating Mental Disorders (886F)

0960-AF69

Final Rule Stage.

BILLING CODE 6820-27-P

U.S. DEPARTMENT OF AGRICULTURE

Fall 2015 Statement of Regulatory Priorities

The U.S. Department of Agriculture (USDA) provides leadership on food, agriculture, natural resources, rural development, nutrition, and related issues based on sound public policy, the best available science, and efficient management. The Department touches the lives of almost every American, every day. Our regulatory plan reflects that reality and reinforces our commitment to achieve results for everyone we serve.

The regulatory plan continues USDA efforts to implement several important pieces of legislation. The 2014 Farm Bill provides authorization for services and programs that impact every American and millions of people around the world. The new Farm Bill builds on historic economic gains in rural America over the past five years, while achieving meaningful reform and billions of dollars in savings for taxpayers. The Healthy, Hunger-Free Kids Act of 2010 (HHFKA) allows USDA, for the first time in over 30 years, opportunity to make real reforms to the school lunch and breakfast programs by improving the critical nutrition and hunger safety net for millions of children.

To assist the country in addressing today's challenges, USDA has developed a regulatory plan consistent with five strategic goals that articulate the Department's priorities.

1. Assist Rural Communities To Create Prosperity So They Are Self-Sustaining, Re-Populating, and Economically Thriving

Rural America is home to a vibrant economy supported by nearly 50 million Americans. These Americans come from diverse backgrounds and work in a variety of industries, including manufacturing, agriculture, services, government, and trade. Today, the country looks to rural America not only to provide food and fiber, but for crucial emerging economic opportunities such as renewable energy, broadband, and recreation. Many of the Nation's small businesses are located in rural communities and are the engine of job growth and an important source of innovation for the country. The economic vitality and quality of life in rural America depends on a healthy agricultural production system. Farmers and ranchers face a challenging global, technologically advanced, and competitive business environment. USDA works to ensure that producers are prosperous and competitive, have access to new markets, can manage their risks, and receive support in times of economic distress or weather-related disasters. Prosperous rural communities are those with adequate assets to fully support the well-being of community members. USDA helps to strengthen rural assets by building physical, human and social, financial, and natural capital.

Enhance rural prosperity, including leveraging capital markets to increase Government's investment in rural America.

USDA is committed to providing broadband to rural areas. Since 2009, USDA investments have delivered broadband service to 1.5 million households, businesses, schools, libraries and community facilities. These investments support the USDA goal to create thriving communities where people want to live and raise families. Consistent with these efforts, the Rural Utilities Service (RUS) published an interim rule on July 30, 2015, implementing Rural Broadband Access Loan and Loan Guarantee Program provisions included in section 6104 of the 2014 Farm Bill. The rule established two funding cycles to review and prioritize applications for the program. It also set a minimum level of acceptable broadband service at 4 megabits downstream and 1 megabit upstream. RUS is currently developing a final rule to implement changes to the administration of the Broadband program based on public comments received. For more information about this rule, see RIN 0572-AC34.

USDA also works to increase the effectiveness of the Government's investment in rural America. To this end, Rural Development will issue a final rule to establish program metrics to measure the economic activities created through grants and loans, including any technical assistance provided as a component of the grant or loan program, and to measure the short and long-term viability of award recipients, and any entities to whom recipients provide assistance using the awarded funds. The action is required by section 6209 of the 2014 Farm Bill, and will not change the underlying provisions of the included programs, such as eligibility, applications, scoring, and servicing provisions. For more information about this rule, see RIN 0570-AA95.

Increase agricultural opportunities by ensuring a robust safety net, creating new markets, and supporting a competitive agricultural system.

In another step to increase the effectiveness of the Government's investment in rural America, the Farm Service Agency (FSA) published a proposed rule on March 26, 2015, on behalf of the Commodity Credit Corporation (CCC) to specify the requirements for a person to be considered actively engaged in farming for the purpose of payment eligibility for certain FSA and CCC programs. These changes will ensure that farm program payments are going to the farmers and farm families that they are intended to help. Specifically, FSA is revising and clarifying the requirements for a significant contribution of active personnel management to a farming operation. These changes are required by the 2014 Farm Bill, and will not apply to persons or entities comprised solely of family members. FSA is currently developing a final rule to implement changes to the rule based on public comments received. For more information about this rule, see RIN 0560-AI31.

The Federal Crop Insurance Program mitigates production and revenue losses from yield or price fluctuations and

provides timely indemnity payments. The 2014 Farm Bill improved the Federal Crop Insurance Program by allowing producers to elect coverage for shallow losses, improved options for growers of organic commodities, and the ability for diversified operations to insure their whole-farm under a single policy. To strengthen further the farm financial safety net, the Risk Management Agency (RMA) published an interim rule on June 30, 2014, that amended the general administrative regulations governing Catastrophic Risk Protection Endorsement, Area Risk Protection Insurance, and the basic provisions for Common Crop Insurance consistent with the changes mandated by the 2014 Farm Bill. RMA is currently developing a final rule to implement changes based on public comments received. For more information about this rule, see RIN 0563-AC43.

2. Ensure Our National Forests and Private Working Lands Are Conserved, Restored, and Made More Resilient to Climate Change, While Enhancing Our Water Resources

National forests and private working lands provide clean air, clean and abundant water, and wildlife habitat. These lands sustain jobs and produce food, fiber, timber, and bio-based energy. Many of our landscapes are scenic and culturally important and provide Americans a chance to enjoy the outdoors. The 2014 Farm Bill delivered a strong conservation title that made robust investments to conserve and support America's working lands, and consolidated, and streamlined programs to improve efficiency and encourage participation. Farm Bill conservation programs provide America's farmers, ranchers and others with technical and financial assistance to enable conservation of natural resources, while protecting and improving agricultural operations. Seventy percent of the American landscape is privately owned, making private lands conservation critical to the health of our nation's environment and ability to ensure our working lands are productive. To sustain these many benefits, USDA has implemented the authorities provided by the 2014 Farm Bill to protect and enhance 1.3 billion acres of working lands. USDA also manages 193 million acres of national forests and grasslands. Our partners include Federal, Tribal, and State governments; industry; non-governmental organizations, community groups and producers. The Nation's lands face increasing threats that must be addressed. USDA's natural resource-focused regulatory strategies are designed to make substantial contributions in the areas of soil health, resiliency to climate change, and improved water quality.

Improve the health of the Nation's forests, grasslands and working lands by managing our natural resources.

The Natural Resources Conservation Service (NRCS) administers the Agricultural Conservation Easement Program (ACEP), which provides financial and technical assistance to help conserve agricultural lands and wetlands and their related benefits. The 2014 Farm Bill consolidated the Wetlands Reserve Program (WRP), the Farm and Ranch Lands Protection Program (FRPP), and the Grassland Reserve Program (GRP) into ACEP. In fiscal year 2014, an estimated 143,833 acres of farmland, grasslands, and wetlands were enrolled into ACEP. Through regulation, NRCS established a comprehensive framework to implement ACEP, and standardized criteria for implementing the program, provided program participants with predictability when they initiate an application and convey an easement. On February 27, 2015, NRCS published an interim rule to implement ACEP. NRCS is currently developing a final rule to implement changes to the administration of ACEP based on public comments received. For more information about this rule, see RIN 0578-AA61.

The Conservation Stewardship Program (CSP) also helps the Department ensure that our national forests and private working lands are conserved, restored, and made more resilient to climate change. Through CSP, NRCS provides financial and technical assistance to eligible producers to conserve and enhance soil, water, air, and related natural resources on their land. NRCS makes funding for CSP available nationwide on a continuous application basis. In fiscal year 2014, NRCS enrolled about 9.6 million acres and now CSP enrollment exceeds 60 million acres, about the size of Iowa and Indiana combined. On November 5, 2014, NRCS published an interim rule to implement provisions of the 2014 Farm bill that amended CSP. Key changes included: Limiting eligible land to that in production for at least 4 of the 6 years preceding February 7, 2014, the date of enactment of the 2014 Farm Bill; requiring contract offers to meet stewardship threshold for at least two priority resource concerns and meet or exceed one additional priority resource concern by the end of the stewardship contract; allowing enrollment of lands that are protected by an agricultural land easement under the newly authorized ACEP; and allowing enrollment of lands that are in the last year of the Conservation Reserve Program. NRCS is currently developing a final rule to implement changes to the administration of CSP based on public comments received. For more information about this rule, see RIN 0578-AA63.

The Environmental Quality Incentives Program (EQIP) is another voluntary conservation program that helps agricultural producers in a manner that promotes agricultural production and environmental quality as compatible goals. Through EQIP, agricultural producers receive financial and technical assistance to implement structural and management conservation practices that optimize environmental benefits on working agricultural land. Through EQIP, producers addressed their conservation needs on over 11 million acres in fiscal year 2014. EQIP has been instrumental in helping communities respond to drought. On December 12, 2014, NRCS published an interim rule that implemented changes mandated by 2014 Farm Bill and addressed a few key discretionary provisions, including, adding waiver authority to irrigation history requirements, incorporation of Tribal Conservation Advisory Councils where appropriate, and clarifying provisions related to Comprehensive Nutrient Management Plans (CNMP) associated with Animal Feeding Operations (AFO). NRCS is currently developing a final rule to implement changes to the administration of EQIP based on public comments received. For more information about this rule, see RIN 0578-AA62.

Contribute to clean and abundant water by protecting and enhancing water resources on national forests and working lands.

The 2014 Farm Bill relinked highly erodible land conservation and wetland conservation compliance with eligibility for premium support paid under the federal crop insurance program. The Farm Service Agency implemented these provisions through an interim rule published on April, 24, 2015. Since publication of the interim rule, more than 98.2 percent of producers met the requirement to certify conservation compliance to qualify for crop insurance premium support payments. Implementing these provisions for conservation compliance is expected to extend conservation provisions for an additional 1.5 million acres of highly erodible lands and 1.1 million acres of wetlands, which will reduce soil erosion, enhance water quality, and create wildlife habitat. Through this action, NRCS modified the existing

wetlands Mitigation Banking Program to remove the requirement that USDA hold easements in the mitigation program. This allows entities recognized by USDA to hold mitigation banking easements granted by a person who wishes to maintain payment eligibility under the wetland conservation provision. FSA is currently developing a final rule to implement changes to the interim rule based on public comments received. For more information about this rule, see RIN 0560-AI26.

3. Help America Promote Agricultural Production and Biotechnology Exports as America Works To Increase Food Security

Food security is important for sustainable economic growth of developing nations and the long-term economic prosperity and security of the United States. Unfortunately, global food insecurity is expected to rise in the next five years. Food security means having a reliable source of nutritious and safe food and sufficient resources to purchase it. USDA has a role in curbing this distressing trend through programs such as Food for Progress and President Obama's Feed the Future Initiative and through new technology-based solutions, such as the development of genetically engineered plants, that improves yields and reduces post-harvest loss.

Ensure U.S. agricultural resources contribute to enhanced global food security.

The Foreign Agriculture Service (FAS) will issue a final rule for the Local and Regional procurement (LRP) Program as authorized in section 3207 of the 2014 Farm Bill. USDA implemented a successful LRP pilot program under the authorities of the 2008 Farm Bill. LRP ties to the President's 2014 Trade Policy Agenda and works with developing nations to alleviate poverty and foster economic growth to provide better markets for U.S. exporters. LRP is expected to help alleviate hunger for millions of individuals in food insecure countries. LRP supports development activities that strengthen the capacity of food-insecure developing countries, and build resilience and address the causes of chronic food insecurity while also supporting USDA's other food assistance programs, including the McGovern Dole International Food for Education and Child Nutrition Program (McGovern-Dole). In addition, the program can be used to fill food availability gaps generated by unexpected emergencies. LRP complements ongoing activities under the McGovern-Dole Program, improves dietary diversity and nutrition, and supports the sustainability of school-feeding programs as they transition to full host-government ownership. The final rule will enable FAS and its partners to strengthen the capacity of host-governments to implement their own homegrown school feeding programs. For more information about this rule, see RIN 0551-AA87.

Enhance America's ability to develop and trade agricultural products derived from new and emerging technologies.

USDA uses science-based regulatory systems to allow for the safe development, use, and trade of products derived from new agricultural technologies. USDA continues to regulate the importation, interstate movement, and field-testing of newly developed genetically engineered (GE) organisms that qualify as “regulated articles” to ensure they do not pose a threat to plant health before they can be commercialized. These science-based evaluations facilitate the safe introduction of new agricultural production options and enhance public and international confidence in these products. As a part of this effort, the Animal and Plant Health Inspection Service (APHIS) will publish a proposed rule to revise its regulations and align them with current authorizations by incorporating the noxious weed authority and regulate GE organisms that pose plant pest or weed risks in a manner that balances oversight and risk, and that is based on the best available science. The regulatory framework being developed will enable more focused, risk-based regulation of GE organisms that pose plant pest or noxious weed risks and will implement regulatory requirements only to the extent necessary to achieve the APHIS protection goal. For more information about this rule, see RIN 0579-AE15.

4. 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. Science has established strong links between diet, health, and productivity. Even small improvements in the average diet, fostered by USDA, may yield significant health and economic benefits. However, foodborne illness is still a common, costly—yet largely preventable—public health problem, even though the U.S. food supply system is one of the safest in the world. USDA is committed to ensuring that Americans have access to safe food through a farm-to-table approach to reduce and prevent foodborne illness. To help ensure a plentiful supply of food, the Department detects and quickly responds to new invasive species and emerging agricultural and public health situations.

Improve access to nutritious food.

USDA's domestic nutrition assistance programs serve one in four Americans annually. The Department is committed to making benefits available to every eligible person who wishes to participate in the major nutrition assistance programs, including the Supplemental Nutrition Assistance Program (SNAP), the cornerstone of the nutrition assistance safety net, which helped over 46 million Americans—more than half of whom were children, the elderly, or individuals with disabilities—put food on the table in 2014. The Department will soon propose changes to eligibility requirements for SNAP retail food stores to ensure access to nutrition foods for home preparation and consumption for the families most vulnerable to food insecurity. While the ultimate objective is for economic opportunities to make nutrition assistance unnecessary for as many families as possible, we will ensure that these vital programs remain ready to serve all eligible people who need them.

The Department is also committed to helping ensure children have access to healthy, balanced meals throughout the day, as mandated by HHFKA, through the USDA child nutrition programs, including school, child care and summer meal programs. The summer meal programs have seen a historic increase in participation, with 11 million more meals served in 2015 compared to the previous summer, serving a total of more than 187 million meals at over 50,000 summer meal sites throughout the country.

Promote healthy diet and physical activity behaviors.

The Administration has set a goal to solve the problem of childhood obesity within a generation so that children born today will reach adulthood at a healthy weight. On school days, children who participate in both the breakfast and lunch programs consume as many as half of their calories at school. The Department must ensure that all foods served in school contribute to good health, and the HHFKA provided new authority to set common-sense nutrition standards for food sold throughout the school day. To help accomplish this goal, the Food and Nutrition Service (FNS) will publish three rules implementing provisions of the HHFKA.

FNS published an interim rule on June 28, 2013, for Nutrition Standards for All Foods Sold in School, as required by HHFKA. Section 208 requires the Secretary to promulgate regulations to establish science-based nutrition standards for all foods sold in schools, outside the school meal programs, on the school campus, and at any time during the school day. FNS is currently developing a final rule to implement changes to the interim rule based on public comments received. For more information about this rule, see RIN 0584-AE09.

FNS published the proposed rule, Meal Pattern Revisions Related to the Healthy Hunger-Free Kids Act of 2010, on January 15, 2015, to implement section 221 of the HHFKA. This section requires USDA to review and update, no less frequently than once every 10 years, requirements for meals served under the Child and Adult Care Food Program (CACFP) to ensure that meals are consistent with the most recent Dietary Guidelines for Americans and relevant nutrition science. FNS is currently developing a final rule to implement changes to the proposed rule based on public comments received. For more information about this rule, see RIN 0584-AE18.

FNS published the proposed rule, Local School Wellness Policy Implementation and School Nutrition Environment Information, on February 28, 2014, to implement section 204 of the HHFKA. As a result of meal pattern changes in the school meals programs, students are now eating 16 percent more vegetables and there was a 23 percent increase in the selection of fruit at lunch. This Act requires each local educational agency participating in Federal child nutrition programs to establish, for all schools under its jurisdiction, a local school wellness policy to maintain this momentum. The HHFKA requires that the wellness policy include goals for nutrition, nutrition education, physical activity, and other school-based activities that promote student wellness. In addition, the HHFKA requires that local educational agencies ensure stakeholder participation in development of local school wellness policies; periodically assess compliance with the policies; and disclose information about the policies to the public. FNS is currently developing a final rule to implement changes to the proposed rule based on public comments received. For more information about this rule, see RIN 0584-AE25.

Protect agricultural health by minimizing major diseases and pests to ensure access to safe, plentiful, and nutritious food.

The Food Safety and Inspection Service (FSIS) continue to enforce and improve compliance with the Humane Methods of Slaughter Act. FSIS published a proposed rule on May 13, 2015, that would require non-ambulatory disabled veal calves that are offered for slaughter to be condemned and promptly euthanized. Currently, FSIS allows veal calves that are unable to rise from a recumbent position to be set aside and warmed or rested, and presented for slaughter if they regain the ability to walk. FSIS has found that this practice may contribute to the inhumane treatment of the veal calves. This rule will improve compliance with the Humane Methods of Slaughter Act by encouraging improved treatment of veal calves, as well as improve inspection efficiency by allowing FSIS inspection program personnel to devote more time to activities related to food safety. FSIS is currently developing a final rule to implement these changes based on public comments received. For more information about this rule, see RIN 0583-AD54.

5. Create a USDA for the 21st Century That Is High Performing, Efficient, and Adaptable

USDA has been a leader in the Federal government at implementing innovative practices to rein in costs and increase efficiencies. By taking steps to find efficiencies and cut costs, USDA employees have achieved savings and cost avoidances of over $1.4 billion in recent years. Some of these results came from relatively smaller, common-sense initiatives such as the $1 million saved by streamlining the mail handling at one of the USDA mailrooms or the consolidation of the Department's cell phone contracts, which is saving taxpayers over $5 million per year. Other results have come from larger-scale activities, such as the focus on reducing non-essential travel that has yielded over $400 million in efficiencies. Overall, these results have allowed us to do more with less during a time when such stewardship of resources has been critical to meeting the needs of those that we serve.

While these proactive steps have given USDA the tools to carry out our mission-critical work, ensuring that USDA's millions of customers receive stronger service, they are matters relating to agency management, personnel, public property, and/or contracts, and as such they are not subject to the notice and comment requirements for rulemaking codified at 5 U.S.C. 553. Consequently, they are not included in the Department's regulatory agenda. For more information about the USDA efforts to cut costs and modernize operations via the Blueprint for Stronger Service Initiative, see

http://www.usda.gov/wps/portal/usda/usdahome?contentidonly=true&contentid=blueprint_for_stronger_service.html

.

Retrospective Review of Existing Regulations

In accordance with Executive Order 13563, “Improving Regulation and Regulatory Review,” and Executive Order 13610, “Identifying and Reducing Regulatory Burdens,” USDA continues to review its existing regulations and information collections to evaluate the continued effectiveness in addressing the circumstances for which the regulations were implemented. As part of this ongoing review to maximize the cost-effectiveness of its regulatory programs, USDA will publish a

Federal Register

notice inviting public comment to assist in analyzing its existing significant regulations to determine whether any should be modified, streamlined, expanded, or repealed.

USDA has identified the following regulatory actions as associated with retrospective review and analysis. Some of the regulatory actions on the below list are completed actions, which do not appear in the Regulatory Agenda. You can find more information about these completed rulemakings in past publications of the Unified Agenda (search the Completed Actions sections) on

www.reginfo.gov

. Other entries on this list are still in development and have not yet appeared in the Regulatory Agenda. You can read more about these entries and the Department's strategy for regulation reform at

http://www.usda.gov/wps/portal/usda/usdahome?navid=USDA_OPEN

.

Agency

Title

RIN

Animal Plant Health & Inspection Service (APHIS)

Participation in the International Trade Data System (ITDS) via the Automated Commercial Environment (ACE)

TBD.

Food Safety & Inspection Service (FSIS)

Electronic Export Application and Certification Fee

0583-AD41.

Agricultural Marketing Service (AMS)

Input Export Form Numbers into the Automated Export System

TBD.

AMS

Revisions to the Electronic Submission of the Import Request of Shell Eggs

0581-AD40.

APHIS

Forms for Declaration Mandated by 2008 Farm Bill (Lacey Act amendments)

0579-AD99.

Farm Service Agency (FSA) and Risk Management Agency

Acreage and Crop Reporting Streamlining Initiative

0563-0084.

FSA

Environmental Policies and Procedures; Compliance with the National Environmental Policy Act and Related Authorities

0560-AH02.

Natural Resources Conservation Service

Conservation Delivery Streamlining Initiative (CDSI)—Conservation Client Gateway (CCG)

TBD.

Rural Business Services (RBS)

Business and Industry Loan Guaranteed Program

0570-AA85.

Rural Housing Service

Community Facilities Loan and Grants

0575-AC91.

FSIS

Electronic Import Inspection and Certification of Imported Products and Foreign Establishments

0583-AD39.

Forest Service (FS)

National Environmental Policy Act Efficiencies

0596-AD01.

FSA

Streamlined Farm Loan Programs Direct Loan Making

0560-0237.

Food and Nutrition Service (FNS)

Direct Certification for School Meals

0584-AE10.

FSIS

Prior Labeling Approval System: Generic Label Approval

0583-AC59.

FSIS

Modernization of Poultry Slaughter Inspection

0583-AD32.

FNS

Simplified Cost Accounting and Other Actions to Reduce Paperwork in the Summer Food Service Program

0584-AD84.

Rural Business Services (RBS)

Biorefinery, Renewable Chemical, and Biobased Product Manufacturing Assistance

0570-AA73,

0570-0065.

RBS

Rural Energy for America Program

0570-AA76.

USDA—FARM SERVICE AGENCY (FSA)

Final Rule Stage

1. Payment Limitation and Payment Eligibility—Actively Engaged in Farming

Priority:

Other Significant.

Legal Authority:

7 U.S.C. 1308-1 note

CFR Citation:

7 CFR 1400.

Legal Deadline:

None.

Abstract:

The Farm Service Agency (FSA) is revising regulations on behalf of the Commodity Credit Corporation (CCC) to specify the requirements for a person to be considered actively engaged in farming for the purpose of payment eligibility for certain FSA and CCC programs. Specifically, FSA is revising and clarifying the requirements for a significant contribution of active personnel management to a farming operation. These changes are required by the Agricultural Act of 2014 (the 2014 Farm Bill). The provisions of the rule will not apply to persons or entities comprised solely of family members. The rule will not change the existing regulations as they relate to contributions of land, capital, equipment, labor, or the special rules related to landowners with a risk in the crop or spouses.

Statement of Need:

This rule is needed to update the FSA regulations to implement a provision in the 2014 Farm Bill.

Summary of Legal Basis:

The Agricultural Act of 2014 (Pub. L. 113-79).

Alternatives:

There are alternatives about how many managers a farming operation may be able to have qualify for payments based on being actively engaged in farming.

Anticipated Cost and Benefits:

A cost-benefit analysis was prepared for this rule and will be made available when the rule is published.

Risks:

None.

Timetable:

Action

Date

FR Cite

NPRM

03/26/15

80 FR 15916

NPRM Comment Period End

05/26/15

Final Action

12/00/15

Regulatory Flexibility Analysis Required:

No.

Small Entities Affected:

Businesses, Organizations.

Government Levels Affected:

None.

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-AI31

USDA—ANIMAL AND PLANT HEALTH INSPECTION SERVICE (APHIS)

Prerule Stage

2. • Importation, Interstate Movement, and Release Into the Environment of Certain Genetically Engineered Organisms

Priority:

Other Significant.

Legal Authority:

Not Yet Determined

CFR Citation:

7 CFR 340.

Legal Deadline:

None.

Abstract:

USDA uses science-based regulatory systems to allow for the safe development, use, and trade of products derived from new agricultural technologies. USDA continues to regulate the importation, interstate movement, and field-testing of newly developed genetically engineered (GE) organisms that qualify as regulated articles” to ensure they do not pose a threat to plant health before they can be commercialized. These science-based evaluations facilitate the safe introduction of new agricultural production options and enhance public and international confidence in these products. As a part of this effort, the Animal and Plant Health Inspection Service (APHIS) will publish a proposed rule to revise its regulations and align them with current authorizations by incorporating the noxious weed authority and regulate GE organisms that pose plant pest or weed risks in a manner that balances oversight and risk, and that is based on the best available science. The regulatory framework being developed will enable more focused, risk-based regulation of GE organisms that pose plant pest or noxious weed risks and will implement regulatory requirements only to the extent necessary to achieve the APHIS protection goal.

Timetable:

Action

Date

FR Cite

Notice of Intent to Prepare an Environmental Impact Statement

11/00/15

NPRM

07/00/16

NPRM Comment Period End

09/00/16

Regulatory Flexibility Analysis Required:

Undetermined.

Small Entities Affected:

Businesses, Organizations.

Government Levels Affected:

Local, State.

International Impacts:

This regulatory action will be likely to have international trade and investment effects, or otherwise be of international interest.

Additional Information:

Additional information about APHIS and its programs is available on the Internet at

http://www.aphis.usda.gov

.

Agency Contact:

Andrea Huberty, Branch Chief, Policy, Program, and Regulatory Consultation Branch, Policy Coordination Program, BRS, Department of Agriculture, Animal and Plant Health Inspection Service, 4700 River Road, Unit 147, Riverdale, MD 20737-1236,

Phone:

301 851-3880.

RIN:

0579-AE15

USDA—FEDERAL CROP INSURANCE CORPORATION (FCIC)

Final Rule Stage

3. General Administrative Regulations; Catastrophic Risk Protection Endorsement; Area Risk Protection Insurance Regulations; and the Common Crop Insurance Regulations, Basic Provisions

Priority:

Economically Significant. Major under 5 U.S.C. 801.

Legal Authority:

Pub. L. 113-79

CFR Citation:

7 CFR 400; 7 CFR 457.

Legal Deadline:

Final, Statutory, June 30, 2014, 2015 Contract year.

Abstract:

The Federal Crop Insurance Corporation amends the General Administrative Regulations—Ineligibility for Programs under the Federal Crop Insurance Act, the Catastrophic Risk Protection Endorsement, the Area Risk Protection Insurance Regulations, and the Common Crop Insurance Regulations, Basic Provisions, to revise those revisions affected by changes mandated by the Agricultural Act of 2014 (commonly referred to as the 2014 Farm Bill), enacted on February 7, 2014.

Statement of Need:

This Final rule is needed complete the Interim Final Rule that updates FCIC regulations required to implement provisions of the Agricultural Act of 2014.

Summary of Legal Basis:

The Agricultural Act of 2014.

Alternatives:

N/A.

Anticipated Cost and Benefits:

A benefit-cost analysis was prepared for the Interim Final Rule and no significant changes have been made to this Final Rule which would alter the initial analysis which will be made available when the rule is published.

Risks:

None.

Timetable:

Action

Date

FR Cite

Interim Final Rule Effective

06/30/14

79 FR 37155

Interim Final Rule Comment Period End

09/02/14

Final Action

03/00/16

Regulatory Flexibility Analysis Required:

No.

Small Entities Affected:

No.

Government Levels Affected:

None.

Agency Contact:

Timothy Hoffmann, Director, Product Administration and Standards Division, Department of Agriculture, Federal Crop Insurance Corporation, 6501 Beacon Drive, Kansas City, MO 64133,

Phone:

816 926-7387.

RIN:

0563-AC43

USDA—FOOD AND NUTRITION SERVICE (FNS)

Proposed Rule Stage

4. Enhancing Retailer Eligibility Standards in SNAP

Priority:

Other Significant.

Legal Authority:

3 U.S.C. 2012; 9 U.S.C. 2018

CFR Citation:

7 CFR 271.2; 7 CFR 278.1.

Legal Deadline:

None.

Abstract:

This rulemaking will address the criteria used to authorize redemption of SNAP benefits (especially by restaurant-type operations).

Statement of Need:

The 2014 Farm Bill amended the Food and Nutrition Act of 2008 to increase the requirement that certain SNAP authorized retail food stores have available on a continual basis at least three varieties of items in each of four staple food categories to a mandatory minimum of seven. The 2014 Farm Bill also amended the Act to increase for certain SNAP authorized retail food stores the minimum number of categories in which perishable foods are required from two to three. This rule would codify these mandatory requirements. Further, using existing authority in the Act and feedback from an expansive Request for Information, the rulemaking also proposes changes to address depth of stock, redefine staple and accessory foods, and amend the definition of retail food store to clarify when a retailer is a restaurant rather than a retail food store.

Summary of Legal Basis:

Section 3(k) of the Food and Nutrition Act of 2008 (the Act) generally (with limited exception) (1) requires that food purchased with SNAP benefits be meant for home consumption and (2) forbids the purchase of hot foods with SNAP benefits. The intent of those statutory requirements can be circumvented by selling cold foods, which may be purchased with SNAP benefits, and offering onsite heating or cooking of those same foods, either for free or at an additional cost. In addition, section 9 of the Act provides for approval of retail food stores and wholesale food concerns based on their ability to effectuate the purposes of the Program.

Alternatives:

Because this proposed rule is under development, alternatives are not yet articulated.

Anticipated Cost and Benefits:

The proposed changes will allow FNS to improve access to healthy food choices for SNAP participants and to ensure that participating retailers effectuate the purposes of the Program. FNS anticipates that these provisions will have no significant costs to States.

Risks:

None identified.

Timetable:

Action

Date

FR Cite

NPRM

03/00/16

Regulatory Flexibility Analysis Required:

No.

Government Levels Affected:

State.

Agency Contact:

Charles H. Watford, Regulatory Review Specialist, Department of Agriculture, Food and Nutrition Service, 3101 Park Center Drive, Alexandria, VA 22302,

Phone:

703 605-0800,

Email: charles.watford@fns.usda.gov

.

Lynnette M. Thomas, Chief, Planning and Regulatory Affairs Branch, Department of Agriculture, Food and Nutrition Service, 3101 Park Center Drive, Alexandria, VA 22302,

Phone:

703 605-4782,

Email: lynnette.thomas@fns.usda.gov

.

RIN:

0584-AE27

USDA—FNS

5. Supplemental Nutrition Assistance Program (SNAP) Photo Electronic Benefit Transfer (EBT) Card Implementation Requirements

Priority:

Other Significant.

Legal Authority:

Pub L. 104-193

CFR Citation:

7 CFR 273; 7 CFR 274; 7 CFR 278.

Legal Deadline:

None.

Abstract:

Under section 7(h)(9) of the Food and Nutrition Act of 2008 (the Act), as amended [7 U.S.C. 2016(h)(9)], States have the option to require that SNAP Electronic Benefit Transfer (EBT) card contain a photo of one or more household members. This rule would incorporate into regulation and provide additional clarity on the Food and Nutrition Service (FNS) guidance developed for State agencies wishing to implement the photo EBT card option.

Statement of Need:

The regulation would create a clearer structure for those States wishing to exercise the option of placing a photo on EBT cards and ensure uniform accessibility for participants in all States.

Summary of Legal Basis:

The Food and Nutrition Act of 2008 requires that any States choosing to issue a photo on the EBT card establish procedures to ensure that all other household members or any authorized representative of the household may utilize the card. Furthermore, applying this option must also preserve client rights and responsibilities afforded by the Act to ensure that all household members are able to maintain uninterrupted access to benefits, that non-applicants applying on behalf of eligible household members are not negatively impacted, and that SNAP recipients using photo EBT cards are treated equitably in accordance with Federal law when purchasing food at authorized retailers.

Alternatives:

None.

Anticipated Cost and Benefits:

The changes to be proposed are not expected to create serious inconsistencies or otherwise interfere with actions taken or planned by another agency or materially alter the budgetary impacts of entitlements, grants, user fees, or loan programs or the rights and obligations of recipients thereof. The requirements will not raise novel or legal policy issues.

Budgetary impact on FNS is expected to be limited. Photo EBT card implementation in multiple States may require additional Federal staff for review and approval of implementation plans and for on-going monitoring via management evaluations.

As a result of this rule, States that exercise the option to implement photos on EBT cards would incur costs associated with development of an implementation plan, State staff training, client training, and retailer training. It is expected that providing guidance or oversight of these requirements would fall under the standard purview of these agencies and could be absorbed by existing staff. State Agencies are responsible for approximately 50% of SNAP administration costs, which would include the costs associated with implementing and maintaining photo EBT cards.

Risks:

FNS recognizes the existence of violating retailers and others buying and using multiple cards and pins to stock their shelves and will propose an alternative to address possession of multiple cards and PINs to allow for additional verification at point-of-sale in some specific instances.

Recent attempts to implement photographs on the EBT card have proven difficult for some States. This rule will expand on current program regulations to provide clarification and more detailed guidance to States implementing the photo EBT option and ensure program access is protected.

Timetable:

Action

Date

FR Cite

NPRM

11/00/15

Regulatory Flexibility Analysis Required:

No.

Small Entities Affected:

No.

Government Levels Affected:

Local, State.

Agency Contact:

Charles H. Watford, Regulatory Review Specialist, Department of Agriculture, Food and Nutrition Service, 3101 Park Center Drive, Alexandria, VA 22302,

Phone:

703 605-0800,

Email: charles.watford@fns.usda.gov

.

RIN:

0584-AE45

USDA—FNS

Final Rule Stage

6. National School Lunch and School Breakfast Programs: Nutrition Standards for All Foods Sold in School, as Required by the Healthy, Hunger-Free Kids Act of 2010

Priority:

Economically Significant. Major under 5 U.S.C. 801.

Unfunded Mandates:

This action may affect State, local or tribal governments and the private sector.

Legal Authority:

Pub. L. 111-296

CFR Citation:

7 CFR 210; 7 CFR 220.

Legal Deadline:

None.

Abstract:

This rule codifies the two provisions of the Healthy, Hunger-Free Kids Act (Pub. L. 111-296; the Act) under 7 CFR parts 210 and 220. Section 203 requires schools participating in the National School Lunch Program to make available to children free of charge, as nutritionally appropriate, potable water for consumption in the place where meals are served during meal service. Section 208 requires the Secretary to promulgate regulations to establish science-based nutrition standards for all foods sold in schools. The nutrition standards apply to all food sold outside the school meal programs, on the school campus, and at any time during the school day.

Statement of Need:

This rule codifies the two provisions of the Healthy, Hunger-Free Kids Act (Pub. L. 111-296; the Act) under 7 CFR parts 210 and 220. Section 203 requires schools participating in the National School Lunch Program to make available to children free of charge, as nutritionally appropriate, potable water for consumption in the place where meals are served during meal service. Section 208 requires the Secretary to promulgate proposed regulations to establish science-based nutrition standards for all foods sold in schools not later than December 13, 2011. The nutrition standards apply to all food sold outside the school meal programs, on the school campus, and at any time during the school day.

Summary of Legal Basis:

There is no existing regulatory requirement to make water available where meals are served. Regulations at 7 CFR parts 210.11 direct State agencies and school food authorities to establish regulations necessary to control the sale of foods in competition with lunches served under the NSLP, and prohibit the sale of foods of minimal nutritional value in the food service areas during the lunch periods. The sale of other competitive foods may, at the discretion of the State agency and school food authority, be allowed in the food service area during the lunch period only if all income from the sale of such foods accrues to the benefit of the nonprofit school food service or the school or student organizations approved by the school. State agencies and school food authorities may impose additional restrictions on the sale of and income from all foods sold at any time throughout schools participating in the Program.

Alternatives:

None.

Anticipated Cost and Benefits:

Expected Costs Analysis and Budgetary Effects Statement: The Congressional Budget Office has determined that these provisions would incur no Federal costs.

Although the complexity of factors that influence overall food consumption and obesity prevent us from defining a level of dietary change or disease or cost reduction that is attributable to the rule, there is evidence that standards like those in the rule will positively influence and perhaps directly improve

food choices and consumption patterns that contribute to students' long-term health and well-being, and reduce their risk for obesity.

Any rule-induced benefit of healthier eating by school children would be accompanied by costs, at least in the short term. Healthier food may be more expensive than unhealthy food either in raw materials, preparation, or both and this greater expense would be distributed among students, schools, and the food industry.

Risks:

None known.

Timetable:

Action

Date

FR Cite

NPRM

02/08/13

78 FR 9530

NPRM Comment Period End

04/09/13

Interim Final Rule

06/28/13

78 FR 39067

Interim Final Rule Effective

08/27/13

Interim Final Rule Comment Period End

10/28/13

Final Action

03/00/16

Regulatory Flexibility Analysis Required:

Yes.

Small Entities Affected:

Governmental Jurisdictions.

Government Levels Affected:

Local, State.

Federalism:

This action may have federalism implications as defined in E.O. 13132.

Agency Contact:

James F. Herbert, Regulatory Review Specialist, Department of Agriculture, Food and Nutrition Service, 3101 Park Center Drive, Alexandria, VA 22302,

Phone:

703 305-2572,

Email: james.herbert@fns.usda.gov

.

Lynnette M. Thomas, Chief, Planning and Regulatory Affairs Branch, Department of Agriculture, Food and Nutrition Service, 3101 Park Center Drive, Alexandria, VA 22302,

Phone

: 703 605-4782,

Email: lynnette.thomas@fns.usda.gov

.

RIN:

0584-AE09

USDA—FNS

7. Child and Adult Care Food Program: Meal Pattern Revisions Related to the Healthy, Hunger-Free Kids Act of 2010

Priority:

Other Significant.

Legal Authority:

Pub. L. 111-296

CFR Citation:

7 CFR 210; 7 CFR 215; 7 CFR 220; 7 CFR 226.

Legal Deadline:

None.

Abstract:

This final rule will implement section 221 of the Healthy, Hunger-Free Kids Act of 2010 (Pub. L. 111-296, the Act). It requires USDA to review and update, no less frequently than once every 10 years, requirements for meals served under the Child and Adult Care Food Program (CACFP) to ensure those meals are consistent with the most recent Dietary Guidelines for Americans and relevant nutrition science.

Statement of Need:

Section 221 of the Healthy, Hunger-Free Kids Act of 2010 (Pub. L. 111-296, the Act) requires USDA to review and update, no less frequently than once every 10 years, requirements for meals served under the Child and Adult Care Food Program (CACFP) to ensure those meals are consistent with the most recent Dietary Guidelines for Americans and relevant nutrition science. The Act also clarifies the purpose of the program, restricts the use of food as a punishment or reward, outlines requirements for milk and milk substitution, and introduces requirements for the availability of water. This rule establishes the criteria and procedures for implementing these provisions of the Act.

Summary of Legal Basis:

Section 221 of the Healthy, Hunger-Free Kids Act of 2010 (Pub. L. 111-296).

Alternatives:

There are several instances throughout the proposed rule and its associated Regulatory Impact Analysis that offered alternatives for review and comment to the various criteria and procedures discussed.

Anticipated Cost and Benefits:

This rule will improve the nutritional quality of meals served and the overall health of children participating in the CACFP. Most CACFP meals are served to children from low-income households. As described in the Regulatory Impact Analysis, the baseline is the current cost of food to CACFP providers. The rule more closely aligns the meals served in CACFP with the

Dietary Guidelines

in an essentially cost-neutral manner. USDA estimates that the rule will result in a very small decrease in the cost for CACFP providers to prepare and serve meals to program participants, and may result in a small, temporary increase in labor and administrative costs to implement the rule. Therefore, it is projected that no meaningful net change in cost will occur as a result of this rule.

Risks:

None identified.

Timetable:

Action

Date

FR Cite

NPRM

01/15/15

80 FR 2037

NPRM Comment Period End

04/15/15

NPRM Comment Period Extended

04/27/15

80 FR 23243

NPRM Comment Period Extended End

05/27/15

Final Action

03/00/16

Regulatory Flexibility Analysis Required:

Yes.

Small Entities Affected:

Governmental Jurisdictions.

Government Levels Affected:

Local, State.

Agency Contact:

James F. Herbert, Regulatory Review Specialist, Department of Agriculture, Food and Nutrition Service, 3101 Park Center Drive, Alexandria, VA 22302,

Phone:

703 305-2572,

Email: james.herbert@fns.usda.gov

.

Lynnette M. Thomas, Chief, Planning and Regulatory Affairs Branch, Department of Agriculture, Food and Nutrition Service, 3101 Park Center Drive, Alexandria, VA 22302,

Phone:

703 605-4782,

Email: lynnette.thomas@fns.usda.gov

.

RIN:

0584-AE18

USDA—FOOD SAFETY AND INSPECTION SERVICE (FSIS)

Final Rule Stage

8. Requirements for the Disposition of Non-Ambulatory Disabled Veal Calves

Priority:

Other Significant.

Legal Authority:

Federal Meat Inspection Act (21 U.S.C. 601

et seq.

)

CFR Citation:

9 CFR 309.

Legal Deadline:

None.

Abstract:

Food Safety and Inspection Service (FSIS) is developing final regulations to amend the ante-mortem inspection regulations to remove a provision that permits establishments to set apart and hold for treatment veal calves that are unable to rise from a recumbent position and walk because they are tired or cold (9 CFR 309.13(b)). The regulations permit such calves to proceed to slaughter if they are able to rise and walk after being warmed or rested. FSIS proposed to require that non-ambulatory disabled (NAD) veal calves that are offered for slaughter be condemned and promptly euthanized. The existing regulations require that NAD mature cattle be condemned on ante-mortem inspection and that they be promptly euthanized (9 CFR 309.3(e)). FSIS believes that prohibiting the slaughter of all NAD veal calves would improve compliance with the Humane Methods of Slaughter Act of 1978 (HMSA), and the humane slaughter implementing regulations. It also would improve the Agency's inspection efficiency by eliminating the time that FSIS inspection program personnel

(IPP) spend re-inspecting non-ambulatory disabled veal calves.

Statement of Need:

Removing the provision from 9 CFR 309.13(b) would eliminate uncertainty as to what is to be done with veal calves that are non-ambulatory disabled because they are tired or cold, or because they are injured or sick, thereby ensuring the appropriate disposition of these animals. In addition, removing the provision in 9 CFR 309.13(b) would improve inspection efficiency by eliminating the time that FSIS IPP spend assessing the treatment of non-ambulatory disabled veal calves.

Summary of Legal Basis:

21 U.S.C. 603(a) and (b).

Alternatives:

The Agency considered two alternatives to the proposed amendment: The status quo and prohibiting the slaughter of non-ambulatory disabled “bob veal,” which are calves generally less than one week old.

Anticipated Cost and Benefits:

If the rule is adopted, non-ambulatory disabled veal calves will not be re-inspected during ante-mortem inspection. The veal calves that are condemned during ante-mortem inspection will be euthanized. The estimated annual cost to the veal industry would range between $2,368 and $161,405. The expected benefits of this proposed rule are not quantifiable. However, the rule would ensure the humane disposition of the non-ambulatory disabled veal calves. It also would increase the efficiency and effective implementation of inspection and humane handling requirements at official establishments.

Risks:

None.

Timetable:

Action

Date

FR Cite

NPRM

05/13/15

80 FR 27269

NPRM Comment Period End

08/12/15

Final Action

03/00/16

Regulatory Flexibility Analysis Required:

No.

Government Levels Affected:

None.

Agency Contact:

Dr. Daniel L. Engeljohn, Assistant Administrator, Office of Policy and Program Development, Department of Agriculture, Food Safety and Inspection Service, 1400 Independence Avenue SW., 349-E JWB, Washington, DC 20250,

Phone:

202 205-0495,

Fax:

202 720-2025,

Email: daniel.engeljohn@fsis.usda.gov

.

RIN:

0583-AD54

USDA—FOREIGN AGRICULTURAL SERVICE (FAS)

Final Rule Stage

9. USDA Local and Regional Food Aid Procurement Program

Priority:

Other Significant.

Legal Authority:

Section 3207 of the Agriculture Act of 2014

CFR Citation:

Not Yet Determined.

Legal Deadline:

None.

Abstract:

FAS is issuing a final rule with comment for the USDA Local and Regional Food Aid Procurement Program (USDA LRP Program), authorized in section 3207 of the Agricultural Act of 2014. The USDA LRP Program funds may be used to support development activities that strengthen the capacity of food-insecure developing countries, and build resilience and address the causes of chronic food insecurity and support USDA's other food assistance programs, especially the McGovern Dole International Food for Education and Child Nutrition Program (McGovern-Dole). In addition, funds may be used to fill food availability gaps generated by unexpected emergencies. USDA LRP Program funding used to complement ongoing activities under the McGovern-Dole Program will improve dietary diversity and nutrition, and support the graduation and sustainability of school-feeding programs as they transition to full host-government ownership. LRP funding will enable FAS and its partners to build the capacity of host-governments to implement their own homegrown school feeding programs. A final rule is needed for FAS to begin implementing the program in FY 2016 and will establish awardee obligations regarding financial management and performance standards specifying applicable Departmental regulations and incorporating statutory requirements. The promulgation of a rule to administer the USDA LRP program will require the assignment of a new CFR number.

Statement of Need:

It is necessary for Local and Regional Food Aid Procurement Program (LRP) regulations to be put in place before solicitations for application to the LRP program can be made for FY2016. The changes to Section 3207 in the 2014 Farm Bill require USDA to issue new regulations in order to enact the local and regional procurement provisions. The regulations will clarify: Program intent; application process; agreements process; payments; transport; recordkeeping and reporting; monitoring and evaluation; and noncompliance issues. The LRP regulations will be aligned with regulations for existing USDA food assistance programs, including Food for Progress Program and the McGovern-Dole International Food for Education and Child Nutrition Program.

Summary of Legal Basis:

7 U.S.C. 1726c and Sections 3207 of the Agricultural Act of 2014 (Pub. L. 113-79).

Alternatives:

N/A.

Anticipated Cost and Benefits:

It is anticipated that adopting a local and regional procurement program will bring about several benefits identified under the local and regional pilot project. Primarily, USDA LRP Program will result in cost savings in transport, shipping, and handling; better match between recipients needs and program commodity availability; and time savings between the procurement and delivery of food, which is especially important in emergency situations; and providing a means to strengthen or build local supply chains.

In addition, recipients under the LRP Pilot generally prefer locally and regionally sourced food over food sourced from other areas making it more suitable for food preparation and more accepted by school-aged children. This acceptability and availability would also impact the small scale producers who would experience an increase in demand and help them achieve economies of scale.

Risks:

None.

Timetable:

Action

Date

FR Cite

Final Rule With Comments

02/00/16

Regulatory Flexibility Analysis Required:

No.

Government Levels Affected:

None.

International Impacts:

This regulatory action will be likely to have international trade and investment effects, or otherwise be of international interest.

Additional Information:

International Impacts: This regulatory action will be likely to have international trade and development effects, or otherwise be of international interest.

Agency Contact:

Connie Ehrhart, Management Analyst, Department of Agriculture, Foreign Agricultural Service, 1400 Independence Avenue SW., Washington, DC 20250,

Phone:

202 690-1578,

Email: connie.ehrhart@fas.usda.gov.

RIN:

0551-AA87

USDA—RURAL BUSINESS—COOPERATIVE SERVICE (RBS)

Final Rule Stage

10. Program Measures and Metrics

Priority:

Other Significant.

Legal Authority:

Pub. L. 113-79, sec 6209

CFR Citation:

7 CFR 4284, subpart J; 7 CFR 4280, subparts A and D; 7 CFR 4284, subparts E and F; 7 CFR 4279, subparts A and B; 7 CFR 4287, subpart B; 7 CFR 4274, subpart D; 7 CFR 1942, subpart A; 7 CFR 3575, subpart A; 7 CFR 3570, subpart B.

Legal Deadline:

None.

Abstract:

The Agency is proposing to publish an Interim Rule with request for comments that will codify certain program measures and metrics for included Agency programs and establish the process by which the Agency will collect the data. Section 6209 of the Agricultural Act of 2014 (2014 Farm Bill) (Pub. L. 113-79) requires the Secretary of Agriculture to collect data regarding economic activities created through grants and loans, including any technical assistance provided as a component of the grant or loan program, and measure the short- and long-term viability of award recipients and any entities to whom those recipients provide assistance using award funds. The proposed action will not change the underlying provisions of the included programs (

e.g.,

eligibility, applications, scoring, and servicing provisions).

Statement of Need:

This interim rule implements section 6209, Program Measures and Metrics, under the Agricultural Act of 2014 (2014 Farm Bill). The proposed action will codify the measures and metrics identified in section 6209(c)(2)(B) through (D) for each included program and establish the process by which the Agency will collect the data. The proposed action will not change the underlying provisions of the included programs (

e.g.,

eligibility, applications, scoring, and servicing provisions).

To implement section 6209, the Agency plans to publish a single rule that will modify each of the included programs accordingly. While the specific provisions may vary from program to program, the rule will, at minimum, specify for each program:

• The performance measures required to be collected by the statute (

i.e.,

percentage of increase of employees, number of business starts and clients served, and any benefits such as an increase in revenue or customer base) and other measures in addition to these as determined by the Agency,

• Who is responsible for providing those metrics, and the time frame over which the metrics will be collected (this could vary depending on whether a grant or a loan/guaranteed loan is awarded).

Summary of Legal Basis:

Alternatives:

Anticipated Cost and Benefits:

Risks:

Timetable:

Action

Date

FR Cite

Interim Final Rule

05/00/16

Regulatory Flexibility Analysis Required:

No.

Small Entities Affected:

No.

Government Levels Affected:

None.

Agency Contact:

MaryPat Dasal, Department of Agriculture, Rural Business-Cooperative Service, 1400 Independence Avenue SW., Washington, DC 20250,

Phone:

202 720-7853,

Email: marypat.daskal@wdc.usda.gov.

RIN:

0570-AA95

USDA—RURAL UTILITIES SERVICE (RUS)

Final Rule Stage

11. Rural Broadband Access Loans and Loan Guarantees

Priority:

Other Significant.

Legal Authority:

Pub. L. 107-171; 7 U.S.C. 901

et seq.

CFR Citation:

7 CFR 1738.

Legal Deadline:

None.

Abstract:

The Rural Utilities Service (RUS) is amending regulations for the Rural Broadband Access Loan and Loan Guarantee program to implement section 6104 of the Agriculture Act of 2014 (2014 Farm Bill), which made changes the Agency must adopt prior to accepting applications for future loans. RUS published this regulation as an interim rule, which took effect upon publication in the

Federal Register

on July 30, 2015. The rulemaking will allow the Agency to begin accepting applications once again.

In addition, the Agency is seeking comments regarding this interim rule to guide its efforts in drafting the final rule for the Broadband Loan Program. The Comment Date ends September 28, 2015.

Statement of Need:

The Rural Utilities Service (RUS) is amending regulations for the Rural Broadband Access Loan and Loan Guarantee program to implement section 6104 of the Agriculture Act of 2014 (2014 Farm Bill) which made changes the Agency must adopt prior to accepting applications for future loans. RUS published this regulation as an interim rule, which took effect upon publication in the

Federal Register

on July 30, 2015. The rulemaking will allow the Agency to begin accepting applications once again.

Summary of Legal Basis:

On May 13, 2002, the Farm Security and Rural Investment Act of 2002, Public Law 107-171 (2002 Farm Bill) was signed into law. The 2002 Farm Bill amended the Rural Electrification Act of 1936 to include title VI, the Rural Broadband Access Loan and Loan Guarantee Program (Broadband Loan Program), to be administered by the Agency. Title VI authorized the Agency to approve loans and loan guarantees for the costs of construction, improvement, and acquisition of facilities and equipment for broadband service in eligible rural communities. Under the 2002 Farm Bill, the Agency was directed to promulgate regulations without public comment. Implementing the program required a different lending approach for the Agency than it employed in its earlier telephone program because of the unregulated, highly competitive, and technologically diverse nature of the broadband market. Those regulations were published on January 30, 2003, at 68 FR 4684.

In an attempt to enhance the Broadband Loan Program and to acknowledge growing criticism of funding competitive areas, the Agency proposed to amend the program's regulations on May 11, 2007, at 72 FR 26742. As the Agency began analysis of the public comments it received on the proposed regulations, the Food, Conservation, and Energy Act of 2008 (2008 Farm Bill) was working its way through Congress. On March 14, 2011, the Agency published an interim rule implementing the requirements of the 2008 Farm Bill and started accepting applications. The Agency did not receive any significant comments to the interim rule and published a final rule on February 6, 2013. With the enactment of the Agricultural Act of 2014 (2014 Farm Bill) section 6104, Public Law 113-79 (Feb. 7, 2014), additional requirements were added to the Broadband Loan Program, including the prioritization of approving applications, a minimum benchmark of broadband service, a more transparent public notice requirement, and the first statutorily required reporting standards, all of which are implemented in the rule.

Alternatives:

N/A.

Anticipated Cost and Benefits:

Bringing broadband services to rural areas does present some challenges.

Because rural systems must contend with lower household density than urban systems, the cost to deploy fiber-to-the-home (FTTH) and 4G LTE systems in urban communities is considerably lower on a per household basis, making urban systems more economical to construct. Depending upon the technology deployed it can cost three times more, on average, to provide service to rural customers than to customers located in urban areas. Other associated rural issues, such as environmental challenges or providing wireless service through mountainous areas, also can add to the cost of deployment.

Areas with low population size, locations that have experienced persistent population loss and an aging population, or places where population is widely dispersed over demanding terrain generally have difficulty attracting broadband service providers. These characteristics can make the fixed cost of providing broadband access too high, or limit potential demand, thus depressing the profitability of providing service. Clusters of lower service exist in sparsely populated areas, such as the Dakotas, eastern Montana, northern Minnesota, and eastern Oregon. Other low-service areas, such as the Missouri-Iowa border and Appalachia, have aging and declining numbers of residents. Nonetheless, rural areas in some States (such as Nebraska, Kansas, and Vermont) have higher-than expected broadband service, given their population characteristics, suggesting that policy, economic, and social factors can overcome common barriers to broadband expansion.

Most employment growth in the U.S. over the last several decades has been in the service sector, a sector especially conducive for broadband applications. Broadband allows rural areas to compete for low- and high-end service jobs, from call centers to software development. Rural businesses have been adopting more e-commerce and Internet practices, improving efficiency and expanding market reach. Some rural retailers use the Internet to satisfy supplier requirements. The farm sector, a pioneer in rural Internet use, is increasingly comprised of farm businesses that purchase inputs and make sales online. Farm household characteristics such as age, education, presence of children, and household income are significant factors in adopting broadband Internet use, whereas distance from urban centers is not a factor. Larger farm businesses are more apt to use broadband in managing their operation; the more multifaceted the farm business, the more the farm used the Internet.

The 2015 subsidy rate is 18.69 percent. The available FY 2015 budget authority for this program is $4.5 million, which will provide a program level of $24.077 million in outlays at the current subsidy rate. Since the Interim Regulation for the Broadband Program was published in March of 2011, 27 applications have been received for an average of 7 loan applications per year. The applications range in size and may cover requests for funding for many communities. All of the pre-loan data collected by the applicant is generally submitted to RUS at the same time. The annual burden for preparation and submission per respondent for the pre-loan data is estimated to be 400 hours per response, response to the public notice filing requirement is 1.5 hours per response, and the preparation of loan documents is estimated at 24 hours per response.

The Agency estimates the cost to respondents will be at $108,325. The overall hours spent per application and cost to respondents did not change from the former regulation. The projected change in the overall cost to the government is minimal compared with the former projections, only $366. The burden of review breaks out into the following fashion: It is projected that there will be one more hour for the engineering analysis and financial analysis per application. The initial financial review and initial engineering review stay the same as it is under the previous regulation, as does the loan closing attorney and clerical assistance. Finally, it is estimated that the Loan Closing-Analyst time per application will increase by a half hour.

Risks:

Without access to advanced telecommunications networks, rural areas suffer from declining educational opportunities, inadequate health care, depressed economies, and high unemployment. In contrast, access to broadband can play a vital role in offsetting the obstacles of distances and isolation that have traditionally stifled rural progress and living standards. With broadband infrastructure in place high volumes of data can be shared easily across distances great and small. This technology is not a luxury service but rather a lifeline to modern everyday transactions. Without this basic utility rural residents do not and will not have adequate medical or educational services; rural businesses unable to thrive; and local governments disorganized and unconnected. Broadband accessibility is as fundamental for the future viability of rural communities today as was the telephone in the 20th century, and as railroads and highways were more than a century ago.

Timetable:

Action

Date

FR Cite

Interim Final Rule

07/30/15

80 FR 45397

Interim Final Rule Effective

07/30/15

Interim Final Rule Comment Period End

09/28/15

Final Rule

07/00/16

Regulatory Flexibility Analysis Required:

No.

Small Entities Affected:

No.

Government Levels Affected:

None.

Agency Contact:

Michele L. Brooks, Director, Program Development and Regulatory Analysis, Department of Agriculture, Rural Utilities Service, Room 5159 South Building, STOP 1522, 1400 Independence Avenue SW., Washington, DC 20250,

Phone:

202 690-1078,

Fax:

202 720-8435,

Email: michele.brooks@wdc.usda.gov.

RIN:

0572-AC34

USDA—NATURAL RESOURCES CONSERVATION SERVICE (NRCS)

Final Rule Stage

12. Agricultural Conservation Easement Program

Priority:

Other Significant.

Legal Authority:

Pub. L. 113-79

CFR Citation:

7 CFR 1468.

Legal Deadline:

Other, Statutory, November 4, 2014, 270 days from enactment of Pub. L. 113-79.

Abstract:

The Agricultural Act of 2014 (the 2014 Act) consolidated the Wetlands Reserve Program (WRP), the Farm and Ranch Lands Protection Program (FRPP), and the Grassland Reserve Program (GRP) into a single Agricultural Conservation Easement Program (ACEP). The consolidated easement program has two components: An agricultural land easement component and a wetland reserve easement component. The agricultural land easement component is patterned after the former FRPP with GRP's land eligibility components merged into it. The wetland reserve easement component is patterned after WRP. Land previously enrolled in the three contributing programs is considered enrolled in the new ACEP.

Statement of Need:

The Agricultural Act of 2014 (2014 Act) consolidated several of the Title XII (of the Food Security Act of 1985) conservation easement programs and provided for the continued operations of former

programs. NRCS promulgated a consolidated conservation easement regulation to reflect the 2014 Act's consolidation of the WRP, FRPP, and GRP programs. This action is needed to respond to comments received.

Summary of Legal Basis:

NRCS published an interim rule to implement the consolidated conservation easement program. This regulation action is pursuant to section 1246 of the Food Security Act of 1985, as amended by the 2014 Act, which requires regulations necessary to implement title II of the 2014 Act through an interim rule with request for comments.

Alternatives:

NRCS determined that rulemaking was the appropriate mechanism through which to implement the 2014 Act consolidation of the three source conservation easement programs. Additionally, NRCS determined that the Agency needs standard criteria for implementing the program and program participants need predictability when initiating an application and conveying an easement. The regulation aims to establish a comprehensive framework for working with program participants to implement ACEP. Upon consideration of public comment, NRCS will promulgate final program regulations.

Anticipated Cost and Benefits:

The 2014 Act has consolidated three conservation easement programs into a single conservation easement program with two components. The program will be implemented under the general supervision and direction of the Chief of NRCS, who is a Vice President of the Commodity Credit Corporation (CCC). Through ACEP, NRCS will continue to purchase wetland reserve easements directly and will contribute funds to eligible entities for their purchase of agricultural land easements that protect working farm and grazing lands. Participation in the program is voluntary.

The primary benefits associated with this rulemaking are the following:

• Provides an opportunity for public comment in program regulations.

• Provides a regulatory framework for NRCS to implement a consolidated conservation easement program.

• Provides transparency to the public potential applicants on NRCS program requirements.

The primary costs imposed by this regulation are the following:

• The costs incurred by private landowners are negative or zero, since this is a voluntary program, and they are compensated for the rights that they transfer.

• Other costs incurred by society through market changes are localized or negligible.

Risks:

N/A.

Timetable:

Action

Date

FR Cite

Interim Final Rule

02/27/15

80 FR 11032

Interim Final Rule Comment Period End

04/28/15

Interim Final Rule Comment Period Reopened

04/30/15

80 FR 24191

Interim Final Rule Comment Period Reopened End

05/28/15

Final Rule

04/00/16

Regulatory Flexibility Analysis Required:

No.

Small Entities Affected:

No.

Government Levels Affected:

None.

Agency Contact:

Leslie Deavers, Acting Farm Bill Coordinator, Department of Agriculture, Natural Resources Conservation Service, 1400 Independence Avenue SW., Washington, DC 20250,

Phone:

202 720-5484,

Email: leslie.deavers@wdc.usda.gov.

RIN:

0578-AA61

USDA—NRCS

13. Environmental Quality Incentives Program (EQIP)

Priority:

Economically Significant. Major under 5 U.S.C. 801.

Legal Authority

: 15 U.S.C. 714b and 714c; 16 U.S.C. 3839AA—3839-8

CFR Citation:

7 CFR 1466.

Legal Deadline:

Other, Statutory, November 4, 2014, 270 days from enactment of Pub. L. 113-79.

Abstract:

The Natural Resources Conservation Service (NRCS) promulgated the current Environmental Quality Incentives Program (EQIP) regulation on January 15, 2009, through an interim rule. The interim rule incorporated programmatic changes authorized by the Food, Conservation, and Energy Act of 2008 (the 2008 Act). NRCS published a correction to the interim rule on March 12, 2009, and an amendment to the interim rule on May 29, 2009. NRCS has implemented EQIP in FY 2009 through FY 2013 under the current regulation. The Agricultural Act of 2014 (2014 Act) amended chapter 4 of subtitle D of title XII of the Food Security Act of 1985 by making the following changes to EQIP program requirements: (1) Eliminates requirement that contract must remain in place for a minimum of one year after last practice implemented, but keeps requirement that the contract term is not to exceed 10 years; (2) consolidates elements of Wildlife Habitat Incentives Program (WHIP) and repeals WHIP authority; (3) replaces rolling six-year payment limitation with payment limitation for FY 2014-FY 2018; (4) requires Conservation Innovation Grants (CIG) reporting no later than December 31, 2014, and every two years thereafter; (4) establishes payment limitation at $450,000 and eliminates waiver authority; (5) modifies the special rule for foregone income payments for certain associated management practices and resource concern priorities; (6) makes advance payments available up to 50 percent for eligible historically underserved participants to purchase material or contract services instead of the previous 30 percent; (7) provides flexibility for repayment of advance payment if not expended within 90 days; and (8) requires that for each fiscal year from of the FY 2014 to FY 2018, at least 5 percent of available EQIP funds shall be targeted for wildlife-related conservation practices. The 2014 Act further identifies EQIP as a contributing program authorized to accomplish the purposes of the Regional Conservation Partnership Program (RCPP) (subtitle I of title XII of the Food Security Act of 1985, as amended). RCPP replaces the Agricultural Water Enhancement Program (AWEP), Chesapeake Bay Watershed Program (CBWP), Cooperative Conservation Partnership Initiative (CCPI), and the Great Lakes Basin Program for soil erosion and sediment control. Like the programs it replaces, RCPP will operate through regulations in place for contributing programs. The other contributing programs include the Conservation Stewardship Program, the Healthy Forests Reserve Program, and the new Agricultural Conservation Easement Program (ACEP). NRCS published an interim rule to incorporate the 2014 Act changes to EQIP program administration. This regulation action is pursuant to section 1246 of the Food Security Act of 1985, as amended by section 2608 of the 2014 Act, which requires regulations necessary to implement title II of the 2014 Act be promulgated through the interim rule process.

Statement of Need:

The Agricultural Act of 2014 (the 2014 Act) consolidated several of the title XII conservation programs and provided for the continued operations of former programs. NRCS updated the EQIP regulation to incorporate the 2014 Act changes, including consolidation of the

purposes formerly addressed through the Wildlife Habitat Incentives Program (WHIP). This action is needed to respond to comments received.

Summary of Legal Basis:

The 2014 Act has reauthorized and amended the Environmental Quality Incentives Program (EQIP). EQIP was first added to the Food Security Act of 1985 (1985 Act) (16 U.S.C. 3801

et seq.

) by the Federal Agriculture Improvement and Reform Act of 1996 (1996 Act) (16 U.S.C. 3839aa). The program is implemented under the general supervision and direction of the Chief of NRCS, who is a Vice President of the Commodity Credit Corporation (CCC).

Alternatives:

NRCS considered only making the changes mandated by the 2014 Farm Bill. This alternative would have missed opportunities to improve the implementation of the program.

Anticipated Cost and Benefits:

Through EQIP, NRCS provides assistance to farmers and ranchers to conserve and enhance soil, water, air, and related natural resources on their land. Eligible lands include cropland, grassland, rangeland, pasture, wetlands, nonindustrial private forest land, and other agricultural land on which agricultural or forest-related products, or livestock are produced and natural resource concerns may be addressed. Participation in the program is voluntary.

The primary benefits associated with this rulemaking are the folowing:

• Provides continued consistency for the NRCS to implement EQIP.

• Provides transparency to potential applicants on NRCS program requirements.

The primary costs imposed by this regulation are the following:

• All program participants must follow the same requirements, even though they are very different types of agricultural operations in different resource contexts.

• Most program participants are required to contribute at least 25 percent of the resources needed to implement program practices. However, such costs are standard for such financial assistance programs.

Risks:

N/A.

Timetable:

Action

Date

FR Cite

Interim Final Rule

12/12/14

79 FR 73953

Interim Final Rule Effective

12/12/14

Interim Final Rule Comment Period End

02/10/15

Final Rule

03/00/16

Regulatory Flexibility Analysis Required:

No.

Small Entities Affected:

No.

Government Levels Affected:

None.

Agency Contact:

Leslie Deavers, Acting Farm Bill Coordinator, Department of Agriculture, Natural Resources Conservation Service, 1400 Independence Avenue SW., Washington, DC 20250,

Phone:

202 720-5484,

Email: leslie.deavers@wdc.usda.gov.

RIN:

0578-AA62

USDA—NRCS

14. Conservation Stewardship Program

Priority:

Other Significant.

Legal Authority:

16 U.S.C. 3838d to 3838g

CFR Citation:

7 CFR 1470.

Legal Deadline:

None.

Abstract:

NRCS published an interim rule to incorporate the Agriculture Act of 2014 (the 2014 Act) changes to Conservation Stewardship Program (CSP) program administration. This regulatory action is pursuant to section 1246 of the Food Security Act of 1985 (1985 Act), as amended by the 2014 Act, which requires regulations necessary to implement title II of the 2014 Act through an interim rule with request for comments.

Background:

The Food, Conservation, and Energy Act of 2008 Act (2008 Act) amended the 1985 Act to establish CSP and authorized the program in fiscal years 2009 through 2013. The 2014 Act re-authorized and revised CSP. The purpose of CSP is to encourage producers to address priority resource concerns and improve and conserve the quality and condition of the natural resources in a comprehensive manner by (1) undertaking additional conservation activities, and (2) improving, maintaining, and managing existing conservation activities. The Secretary of Agriculture delegated authority to the Chief, Natural Resources Conservation Service (NRCS), to administer CSP. Through CSP, NRCS provides financial and technical assistance to eligible producers to conserve and enhance soil, water, air, and related natural resources on their land. Eligible lands include private or tribal cropland, grassland, pastureland, rangeland, non-industrial private forest lands, and other land in agricultural areas (including cropped woodland, marshes, and agricultural land capable of being used for the production of livestock) on which resource concerns related to agricultural production could be addressed. Participation in the program is voluntary. CSP encourages land stewards to improve their conservation performance by installing and adopting additional activities, and improving, maintaining, and managing existing activities on eligible land. NRCS makes funding for CSP available nationwide on a continuous application basis.

Statement of Need:

The Agricultural Act of 2014 (the 2014 Act) amended several of the title XII conservation programs and provided for the continued operations of former programs. NRCS updated the CSP regulation to incorporate the 2014 Act changes. This action is responds to comments received.

Summary of Legal Basis:

The 2014 Act has reauthorized and amended the Conservation Stewardship Program (CSP). CSP was first added to the Food Security Act of 1985 (1985 Act) (16 U.S.C. 3801

et seq.

) by the Food, Conservation, and Energy Act of 2008. The program is implemented under the general supervision and direction of the Chief of NRCS, who is a Vice President of the Commodity Credit Corporation (CCC).

Alternatives:

NRCS considered only making the changes mandated by the 2014 Farm Bill. This alternative would have missed opportunities to improve the implementation of the program. NRCS would consider alternatives suggested during the public comment period.

Anticipated Cost and Benefits:

CSP is a voluntary program that encourages agricultural and forestry producers to address priority resource concerns by (1) undertaking additional conservation activities and (2) improving and maintaining existing conservation systems. CSP provides financial and technical assistance to help land stewards conserve and enhance soil, water, air, and related natural resources on their land.

CSP is available to all producers, regardless of operation size or crops produced, in all 50 States, the District of Columbia, and the Caribbean and Pacific Island areas. Eligible lands include cropland, grassland, prairie land, improved pastureland, rangeland, nonindustrial private forest land, and agricultural land under the jurisdiction of an Indian tribe. Applicants may include individuals, legal entities, joint operations, or Indian tribes.

CSP pays participants for conservation performance, the higher the performance, the higher the payment. It provides two possible types of payments. An annual payment is available for installing new conservation activities and maintaining existing

practices. A supplemental payment is available to participants who also adopt a resource conserving crop rotation.

Through five-year contracts, NRCS makes payments as soon as practical after October 1 of each fiscal year for contract activities installed and maintained in the previous year. A person or legal entity may have more than one CSP contract but, for all CSP contracts combined, may not receive more than $40,000 in any year or more than $200,000 during any five-year period.

The primary benefits associated with this rulemaking are the following:

• Provides continued consistency for the NRCS to implement CSP.

• Provides transparency to potential applicants on NRCS program requirements.

The primary costs imposed by this regulation are that all program participants must follow the same basic programmatic requirements, even though they are very different types of agricultural operations in different resource contexts.

The 2014 Act further identifies CSP as a contributing program authorized to accomplish the purposes of the Regional Conservation Partnership Program (RCPP) (subtitle I of title XII of the Food Security Act of 1985, as amended). RCPP replaces the Agricultural Water Enhancement Program (AWEP), Chesapeake Bay Watershed Program (CBWP), Cooperative Conservation Partnership Initiative (CCPI), and the Great Lakes Basin Program for soil erosion and sediment control. Like the programs it replaces, RCPP will operate through regulations in place for contributing programs. The other contributing programs include the Environmental Quality Incentives Program, the Healthy Forests Reserve Program, and the new Agricultural Conservation Easement Program (ACEP).

Risks:

Timetable:

Action

Date

FR Cite

Interim Final Rule

11/05/14

79 FR 65835

Interim Final Rule Effective

11/05/14

Interim Final Rule Comment Period End

01/05/15

Final Rule

03/00/16

Regulatory Flexibility Analysis Required:

No.

Small Entities Affected:

No.

Government Levels Affected:

None.

Agency Contact:

Leslie Deavers, Acting Farm Bill Coordinator, Department of Agriculture, Natural Resources Conservation Service, 1400 Independence Avenue SW., Washington, DC 20250,

Phone:

202 720-5484,

Email: leslie.deavers@wdc.usda.gov.

RIN:

0578-AA63

BILLING CODE 3410-90-P

DEPARTMENT OF COMMERCE (DOC)

Statement of Regulatory and Deregulatory Priorities

Established in 1903, the Department of Commerce (Commerce) is one of the oldest Cabinet-level agencies in the Federal Government. Commerce's mission is to create the conditions for economic growth and opportunity by promoting innovation, entrepreneurship, competitiveness, and environmental stewardship. Commerce has 12 operating units, which are responsible for managing a diverse portfolio of programs and services, ranging from trade promotion and economic development assistance to broadband and the National Weather Service.

Commerce touches Americans daily, in many ways—making possible the daily weather reports and survey research; facilitating technology that all of us use in the workplace and in the home each day; supporting the development, gathering, and transmission of information essential to competitive business; enabling the diversity of companies and goods found in America's and the world's marketplace; and supporting environmental and economic health for the communities in which Americans live.

Commerce has a clear and compelling vision for itself, for its role in the Federal Government, and for its roles supporting the American people, now and in the future. To achieve this vision, Commerce works in partnership with businesses, universities, communities, and workers to:

• Innovate by creating new ideas through cutting-edge science and technology from advances in nanotechnology, to ocean exploration, to broadband deployment, and by protecting American innovations through the patent and trademark system;

• Support entrepreneurship and commercialization by enabling community development and strengthening minority businesses and small manufacturers;

• Maintain U.S. economic competitiveness in the global marketplace by promoting exports, ensuring a level playing field for U.S. businesses, and ensuring that tec

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